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HomeMy WebLinkAboutReso 016-01 ShamrockVilAppeal RESOLUTION NO. 16 - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AFFIRMING THE ACTION OF THE PLANNING COMMISSION REGARDING SITE DEVELOPMENT REVIEW TO RECONSTRUCT THE EXISTING SHAMROCK VILLAGE SHOPPING CENTER AND ADD 25,846 SQUARE FEET OF NEW FLOOR AREA AND ADDING A NEW CONDITION TO THE PLANNING COMMISSION RESOLUTION FOR PA 00-020 SHAMROCK VILLAGE LOCATED AT THE NORTH EAST CORNER OF SAN RAMON ROAD AND AMADOR VALLEY BOULEVARD WHEREAS, the Applicant, Allen Lynch of Doerken Properties has requested approval of a Site Development Review to reconstruct the existing shopping center and add 25,846 square feet of floor area. The applicant has proposed to pay $30,503 to offset traffic impacts, before the issuance of a building permit. The project is located at the north east comer of San Ramon Road and Amador Valley Boulevard and is further identified as Assessor Parcel No(s). 941-173-4-3, 941-173-4-4, 941-173-4-5, and 941-173- 4-6; and and WHEREAS, a completed application is available and on file in the Dublin Planning Department; WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and implementing Guidelines, an Initial Study has been prepared to assess the proposed project. Based on the Initial Study, a Mitigated Negative Declaration has been prepared and is on file with the Dublin Planning Department. The project as proposed and with the implementation of Mitigation Measures identified in the Initial Study will not have a significant effect on the environment; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application December 12 2000; and did approve the Site Development Review for PA 00-020 Shamrock Village; and WHEREAS, Mayor Houston has appealed the decision of the Planning Commission to the City Council; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the City Council make a determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and WHEREAS, the 1987 Downtown Dublin Specific Plan's general purpose was to retain and enhance the vibrancy of Downtown Dublin as a regional retail center by, among other things, encouraging more intensive commercial development and improving the visual appeal and quality of existing buildings and parking lots, as well as future construction. (See Goals 1.B.l.a-b, 1.B.5.a, 1.B.5.e-f, 4.A. 1, 4.A.2, 6.A. 3 .) WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make the following findings and determinations regarding said proposed Site Development Review: C, D, Go The approval of this Site Development Review application is consistent with the intent and purpose of Dublin Zoning Ordinance Section 8.104, SITE DEVELOPMENT REVIEW, because the project it is compatible with the site and surrounding properties. The approval of this application, as conditioned, complies with the Retail/Office (.25 to .50 F.A.R.) designation of the General Plan, the C-1 Zoning Designation as well as with all other requirements of the Zoning Ordinance because a Shopping Center facility is a principally permitted use with the C-1 Designation. The approval of the Site Development Review application, as conditioned, 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 general welfare because the proposed development is consistent with all City and Alameda County regulations and conditions. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements has been designed to provide a desirable environment for the development. The subject site is physically suitable for the type and intensity of the approved development because it is graded and level with existing development on the site. Impacts to views are addressed because the majority of the site is level and no views could be interrupted. Impact to existing slopes and topographic features are addressed because the site is level and there are no topographic features. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, signage and similar elements have been incorporated into the project and as conditions of approval in order to insure the compatibility of the development with the development's design concept or theme and the character of adjacent buildings, neighborhoods and uses. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public. The project, as conditioned, is consistent with the General Plan and the goals and policies of the 1987 Downtown Specific Plan because: (1) the proposed project would maintain Downtown Dublin as a strong regional retail center, by assuring long-term leaseability of existing buildings within the Downtown area and by improving the visual quality of such buildings; (2) the proposed project would maintain and enhance the current sales tax base of the downtown area by increasing the amount of retail development and by limiting the probability of extended vacancies and tenant turnover within the Downtown Specific Plan area; and (3) the proposed project would increase the amount of retail development in Downtown Dublin by allowing additional development on the proposed project site, while maintaining the economic viability of the existing development within the Specific Plan area. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby affirm the December 12, 2000 decision of the Planning Commission approving the Site Development Review of PA 00-020, Shamrock Village Marketplace, subject to the Conditions of Approval contained within Planning Commission Resolution 00-68. This approval is subject to an additional condition and would be new condition number 4.5 of the Planning Commission Resolution 00-68. The following condition-of approval is included in order to find that the project is in compliance with Goals l(a), l(b) and 4(a) of the Downtown Specific Plan: Prior to issuance of a certificate of occupancy for the proposed 45,000 sq.ft. market (see Site Plan) C?qew Floor Area"), the applicant shall provide the Staff with verification that the use of the New Floor Area will not result in any then-existing business ("The Existing Business") which is located within a building in excess of 25,000 square feet (the "Existing Building") within Zones 5 or 6 of the Downtown Specific Plan to relocate to the New Floor Area unless (a) the Existing Building has been sublet or the lease covering the Existing Building has been assigned and such sublease or lease assignment provides that substantial improvements have been or will be made to the Existing Building prior to occupancy of the Existing Building by the new occupant; or, if the Existing Building has not been sub-let or the lease covering the Existing Building has not been assigned and is still leased by The-Existing Business (b) verification is provided to staff that substantial improvements will be made to the Existing Building when it is occupied by the new occupant. Such verification may be in the form of a letter of credit, similar security instrument (but not including a bond) or escrowed funds (in an amount of at least $50,000) in favor of the City, to be used by the City for the sole purpose of providing funds to the new occupant of the Existing Building for such improvements. For purposes of clarification, the deposit by the Existing Business of a letter of credit, similar security instrument (but not including a bond) or escrowed funds in favor of the City in the amount of $50,000 shall be deemed to be full and complete satisfaction of the ?~,efification" described in the immediately preceding sentence. In the event that The Existing Business executes a lease termination with the owner of the Existing Building within twelve (12) months of the date The Existing Business vacates the Existing Building, and provides verification to the City of such termination, any such letter of credit, other similar security instrument or escrowed funds will be released by the City to the person providing such security as of the effective date of such lease termination, and the Existing Business shall have no further obligation to the City in connection with the use or improvement of the Existing Building. As used herein, "substantial improvements" shall mean an expenditure or commitment to expend a minimum of $50,000 for improvements to the existing building, consisting of improvements to the exterior of the existing building, together with improvements to the landscaping and to any parking area required for such building which is located on the same property. PASSED, APPROVED AND ADOPTED this 6th day of February, 2001. AYES: Councilmembers Lockhart, McCormick, Zika and Mayor Houston NOES: Counciimember Oravetz ABSENT: None ABSTAIN: None