HomeMy WebLinkAbout8.1 Attch 1 Reso appr'vg CUP to amend PD RESOLUTION NO. 13-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT
TO AMEND THE PLANNED DEVELOPMENT ZONING DISTRICT TO TRANSFER
DEVELOPMENT CAPACITY FROM PARCEL C TO PARCELS A & B
OF THE GENERAL MOTORS AUTO MALL
PLPA-2012-00057
WHEREAS, the Applicant, Inder Dosanjh, has requested approval of a Conditional Use
Permit to amend the Planned Development zoning for the General Motors Auto Mall to transfer
5,000 square feet from Parcel C to Parcels A & B; and
WHEREAS, in 1998, the City Council approved a Planned Development Zoning District
which allows up to 120,902 square feet of development on the entire General Motors Auto Mall
site, which is comprised of three parcels (Parcels A, B & C); and
WHEREAS, in 2000, the City Council approved an amendment to the Planned
Development that realigned the three parcels and reassigned building densities; and
WHEREAS, in 2003, the Planning Commission approved a Conditional Use Permit to
amend the Development Plan to again transfer densities across Parcels A, B and C.
WHEREAS, in 2005, the Planning Commission approved a Conditional Use Permit and
Lot Line Adjustment to amend the Planned Development to modify the size of the parcels in the
General Motors Auto Mall; and
WHEREAS, in 2011, the Planning Commission approved a Site Development Review
Permit and Conditional Use Permit to allow construction and operation of a 13,720 square foot
automobile dealership on Parcel B; and
WHEREAS, a complete application to amend the Planned Development to transfer
development capacity from Parcel C to Parcels A & B was submitted and is available and on file
in the Department of Community Development; and
WHEREAS, the proposal is consistent with the overall intent of the General Motors Auto
Mall because it does not change the overall intensity of development on the site, but simply
moves the density around within the greater General Motors Auto Mall; and
WHEREAS, the Stage 1 and Stage 2 Development Plan established the allowable
development for the project site; and
WHEREAS, in accordance with Chapter 8.32.080 of the Zoning Ordinance, the Planning
Commission may approve a Minor Amendment of an adopted development plan by means of a
Conditional Use Permit upon a finding that the amendment substantially complies with and does
not materially change the provisions or intent of the adopted Planned Development Zoning
District Ordinance for the site; and
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WHEREAS, the California Environmental Quality Act (CEQA), together with State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, the proposed project is an anticipated component of the larger General
Motors Auto Mall project. The General Motors Auto Mall was previously determined to be within
the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a
Program EIR was certified (SCH 91103064); therefore, the proposed project is within the scope
of the Program and EIR and no further environmental analysis is required; and
WHEREAS, the Planning Commission did hold a public hearing on said application on
April 9, 2013, for this project; and
WHEREAS, proper notice of said public hearing was given in all respects as required by
law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
approve the Conditional Use Permit; and
WHEREAS, the Planning Commission did hear and use independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Dublin does hereby make the following findings and determinations regarding the proposed
Conditional Use Permit:
A. The proposed amendment substantially complies with and does not materially
change the provisions and intent of the adopted Planned Development Zoning
District Ordinance and/or Site Development Review approvals for the General Motors
Auto Mall and is compatible with other land uses, transportation and services
facilities in the vicinity because: the proposed modification does not change the
overall density or intensity of development on the site, but moves the density around
within the greater General Motors Auto Mall project area.
B. The proposed amendment will not adversely affect the health or safety of persons
residing or working in the vicinity, and will not be detrimental to the public health,
safety and welfare because: the proposed modification does not increase the
development capacity for the overall General Motors Auto Mall and is consistent with
the intent of the Development Plan for the site.
C. The proposed amendment will not be injurious to property or improvements in the
area because: the amendment does not increase the anticipated development
capacity for the overall General Motors Auto Mall.
D. There are adequate provisions for public access, water, sanitation, and public utilities
and services to ensure that the proposed use and related structures would not be
detrimental to the public health, safety, and welfare because: 1) the amendment
does not increase the development capacity of the General Motors Auto Mall; and 2)
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the utilities and infrastructure were designed to accommodate this development
capacity.
E. The subject site is physically suitable for the proposed modifications because: the
proposed modification would not create any change to the development capacity of
the General Motors Auto Mall.
F. The proposed amendment will not be contrary to development regulations or
performance standards for the site because: the proposed modification will facilitate
the construction of a new car dealership (Fiat) on Parcel B, which is a conditionally
permitted use that is compatible with the surrounding uses.
G. The proposed amendment is consistent with the Dublin General Plan, Eastern Dublin
Specific Plan, and purpose and intent of the Dublin Zoning Ordinance because: 1)
Auto sales and service is consistent with the General Plan land use designation of
General Commercial; 2) the proposal does not increase development capacity for the
General Motors Auto Mall; and 3) the General Plan allows for an Floor Area Ratio
(FAR) of up to 0.60 for General Commercial land uses and the FAR of the General
Motors Auto Mall is below the allowed FAR.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made part of this resolution.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does
hereby approve this amendment to the Planned Development Zoning and Stage 2 Development
Plan for the General Motors Auto Mall and transfers 5,000 square feet of development capacity
from Parcel C to Parcels A & B.
PASSED, APPROVED AND ADOPTED this 9th day of April, 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commissioner Chair
ATTEST:
Assistant Community Development Director
G:TA412012TLPA-2012-00057 Dublin FiatTlanning Commission 4.9.13TC CUP Reso.PD amendment.doc
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