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Home My WebLink AboutPC Reso 13-21 Fallon Gtwy Shop 7 CUP RESOLUTION NO. 13 - 21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING FOR FALLON GATEWAY (PA 08-034) TO MODIFY THE ORIENTATION AND SITE IMPROVEMENTS FOR SHOP 7 AND TO AMEND THE COLOR PALETTE FOR FALLON GATEWAY AND A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF DRIVE-THROUGH FACILITIES FOR SHOPS 7 PLPA 2013-00032 (PORTION OF APN 985-0027-009-003) WHEREAS, Stanforth Holding Company LLC, developer of Fallon Gateway, has requested approval of a Conditional Use Permit (CUP) to amend the Planned Development Zoning to revise the site layout and improvements for Shop 7 to include a drive-through and to amend the color palette for Fallon Gateway to allow tenants to incorporate colors specific to their business, thus providing flexibility for identification of users, and a Conditional Use Permit to allow the operation of Drive-Through Facilities at Shop 7, and Site Development Review permit to construct Shop 7, a 6,504 square foot building with related site improvements which include a drive-through facility along the Fallon Road frontage of the Fallon Gateway project (PA 08-034); and WHEREAS, Fallon Gateway is 33.91-acre a commercial center located along the west side of Fallon Road between Dublin Boulevard on the north and Interstate 580 on the south within the Eastern Dublin Specific Plan Area; and WHEREAS, Section 8.32.080 of the City of Dublin Zoning Ordinance, Planned Development Zoning District, states that the Planning Commission, by means of a Conditional Use Permit, may approve minor amendments to an adopted Planned Development upon a finding that the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning Ordinance for the site; and WHEREAS, Planned Development (PD) Zoning PA 08-034 was approved for the Fallon Gateway project site on June 16, 2009 by Ordinance 09-09; and WHEREAS, on August 10, 2010, the Planning Commission approved a CUP for a minor PD Amendment to revise the design standards for Fallon Gateway; and WHEREAS, the operation of a Drive-through facility is permitted by the Planned Development Zoning with approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the proposed Conditional Use Permit, Site configuration, and restaurant construction would not exceed allowable building area for the Fallon Gateway project; and WHEREAS, the project has been reviewed and has been determined to be consistent with the Eastern Dublin Specific Plan, which was adopted in 1994 and has a certified Program EIR (SCH No. 91-103064). Pursuant to the California Environmental Quality Act (CEQA), the proposed project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, which was certified by the City Council by Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 (the "FEIR"); and WHEREAS, in 1997, a Negative Declaration was approved by the City Council in Resolution No. 140-97 for the Planned Development Rezoning of Dublin Ranch Areas B-E, which includes the Fallon Gateway site. After completing an Initial Study, it was determined that the Planned Development Rezoning would not have any significant environmental impacts which were not already adequately described and analyzed in the Program EIR. The project as proposed does not exceed the thresholds identified in the Negative Declaration, and no further environmental document is needed; and WHEREAS, the Planning Commission of the City of Dublin held a public hearing on said application request on August 13, 2013, 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 the Planning Commission approve the Conditional Use Permit in accordance with the findings referenced below; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission does hereby find, regarding the Conditional Use Permit for minor amendment to the Planned Development Stage 2 Development Plan that: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that they are consistent with the uses anticipated and approved for the vicinity that provide a variety of goods and services accessible by high-traffic roadways with a major transportation network, and the color palette amendment is intended to allow flexibility to identify a variety of potential tenants. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that the uses and styles are complimentary and would not exceed allowable building area for the Fallon Gateway project. C. The proposed amendment will not be injurious to property or improvements in the neighborhood in that: the proposed plan amendments pertaining to layout, colors, and would enhance the development potential. D. The proposed amendment will allow adequate provisions for public access, water, sanitation, and public utilities to ensure that the proposed use and related structure(s) will not be detrimental to the public health, safety, and welfare in that: 1) all infrastructure needed to serve the project site has been constructed; and 2) the amended site configuration will reflect the scale, design, and function of the other structures in that area in the Phase III segment of the site plan and in the Fallon Gateway project over all. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: The proposed quick- modifications to do not change the commercial use, physical character, or intensity of the shopping center approved by PA 08-034 and the color palette would be complementary among the free-standing commercial structures proposed for Fallon Gateway. Also, there will be adequate parking based on the adopted standards in the PD development regulations. F. The proposed amendment will not be contrary to the specific intent clauses, development regulations, or performance standards established for PA 08-034 and Related Planned Development Plan in that: 1) the project will meet the intent and be subject to the development regulations and the performance standards adopted with the PA 08-034 Stage 1 Planned Development zoning ordinance (Ordinance 09-09), adopted on June 16, 2009, and prior Site Development Reviews. G. The proposed amendment is consistent with the Dublin General Plan and with any applicable Specific Plans in that: it would allow commercial density, coverage, and parking provided to remain consistent with the Dublin General Plan and the Eastern Dublin Specific Plan. H. In accordance with Chapter 8.32.080, a finding is hereby made that the requested amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site. BE IT FURTHER RESOLVED THAT the Planning Commission does hereby find, regarding the Conditional Use Permit for the Drive-through Facilities that: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that the proposed Drive- through Facility has been designed to minimize impacts to surrounding traffic patterns and will be screened from view by landscaping adjacent to it. The reconfiguration of Building 7 will also reorient parking from backing onto a major drive aisle and will position it internal to the site. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that the redesign of the building and reconfiguration of the parking layout will eliminate traffic conflicts and will facilitate better pedestrian circulation between the various uses and Shop buildings. C. The proposed amendment will not be injurious to property or improvements in the neighborhood in that: quick-service restaurants are a permitted use by PD PA 08-034 and a Drive-through Facility would enhance access to those products and services without violating any standards. D. The proposed amendment will allow adequate provisions for public access, water, sanitation, and public utilities to ensure that the proposed use and related structure(s) will not be detrimental to the public health, safety, and welfare in that: 1) all infrastructure needed to serve the project site has been constructed; and 2) the drive-through has been designed to function with other adjacent improvements. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the revised building lay out and the relocation of the parking will facilitate better pedestrian circulation between buildings; 2) will not conflict with existing traffic movements on site; and 3) the proposed location of the parking will be more central to the overall project site and Shop 7 itself making the parking more of a common use available to other patrons. F. The proposed amendment will not be contrary to the specific intent clauses, development regulations, or performance standards established for PA 08-034 and Related Planned Development Plan: 1) The Planned Development Regulations for Fallon Gateway require a Conditional Use Permit for drive- through facilities to ensure compatibility with the surrounding uses and to eliminate conflicts and facilitate vehicular traffic and pedestrian movements and the project as designed will do that; 2) as designed, the drive-through integrates well into the site by allowing significant stacking space without creating vehicular traffic or pedestrian circulation; and 3) is adequately screen from off- site views by a landscape buffer. G. The proposed amendment is consistent with the Dublin General Plan and with any applicable Specific Plans in that: it would allow commercial density, coverage, and parking provided to remain consistent with the Dublin General Plan and the Eastern Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Dublin does hereby approve PLPA 2013-00032, Conditional Use Permit for a minor amendment to the Planned Development Stage 2 Development Plan (PA 08-034) for Fallon Gateway to revise the orientation and related improvements to Shop 7 including a drive-through facility and amend the color palette for Fallon Gateway to allow use of tenant specific colors with approval of the Community Development Director; and NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Dublin does hereby approve PLPA 2013-00032, Conditional Use Permit for the operation of a drive-through. 1. Consistency with Site Development Review Amendment. This Conditional Use Permit i s subject s Review to allow the to the approval of the companion Site Development Re e o Drive-through Facilities as requested. 2. Related Plans. This Conditional Use Permit is based on p lans submitted with the application and the companion Site Development Review amendment prepared by: 1) Mackay & Somps — Engineers, Planning, and Surveyors; 2) FCGA Architecture; and 3) R3 Studios — Planning, Urban Design, and Landscape Architecture dated received August 1, 2013. PASSED, APPROVED AND ADOPTED this 13th day of August 2013. AYES: O'Keefe, Do, Bhuthimethee NOES: ABSENT: Kohli, Goel ABSTAIN: "Mr ing Commission Chairperson ATTEST: (-2.z5w Assistant Community Development Director GAPA#120131PLPA-2013-00032 Fallon Gtwy Shops 7 CUP.SDR AmdIPC Reso CUP Fallon Gtwy Shops 7 8.13.13.doc