HomeMy WebLinkAbout8.2 Attch 2 Reso Appr'v CUP RESOLUTION NO. 14 - xx
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 SITE PLAN FOR PHASE 4
PLPA 2014-00014
(PORTION OF APN 985-0079-003)
WHEREAS, Stanforth Holding Company LLC, developer of Fallon Gateway, has
requested approval of a Conditional Use Permit to amend the Planned Development Zoning
to revise the site layout for Phase 4, a Site Development Review permit to construct Pads 2 &
3 and Shops 1-4, for a total 42,160 square feet of development with related site
improvements and a Vesting Tentative Parcel Map to subdivide the Fallon Gateway retail
center into 11 parcels; 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 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 Conditional
Use Permit for a minor PD Amendment to revise the design standards for Fallon Gateway;
and
WHEREAS, on August 13, 2013, the Planning Commission approved two separate
Conditional Use permit applications for minor PD Amendments to revise the orientation and
related improvements for Shop 7, to amend the approved color palette for Fallon Gateway
and to revise the land plan to facilitate development of the Chevron fueling station; and
WHEREAS, the proposed Conditional Use Permit and proposed construction would
not exceed allowable building area for the Fallon Gateway project. The original approval
anticipated 52,700 square feet for Phase 4 and a total of 45,730 square feet is proposed
(includes the fueling station under construction which is also a part of Phase 4); and
ATTACHMENT 2
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 July 22, 2014; 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 modifications to the site plan refine the parking field and
facilitate more efficient parking and traffic patterns.
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 site
layout will refine and facilitate more efficient parking and traffic patterns.
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 will be
constructed; and 2) the amended site configuration refines the parking field to
facilitate more efficient parking and traffic patterns.
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 modifications
to do not change the commercial use, physical character, or intensity of the
shopping center approved by PA 08-034. Additionally, 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.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission
of the City of Dublin does hereby approve PLPA 2014-00014, Conditional Use Permit for a
minor amendment to the Planned Development Stage 2 Development Plan (PA 08-034) for
Fallon Gateway to revise the site plan for Phase 4; and
This Conditional Use Permit is based on plans submitted with the application and the
companion Site Development Review amendment prepared by: 1) Mackay & Somps —
Engineers, Planning, and Surveyors; 2) MCG Architecture; and 3) R3 Studios — Planning,
Urban Design, and Landscape Architecture dated received July 11, 2014.
PASSED, APPROVED AND ADOPTED this 22nd day of July 2014.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Assistant Community Development Director
G:IPA120141PLPA-2014-00014 Fallon Gateway SDR-PD amendmentlPC Meeting.7.22.141PC Reso CUP Fallon Gtwy Phase 4.doc