HomeMy WebLinkAboutReso 159-04 DublinCrownChev
RESOLUTION NO. 159 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***: Ir*****
AFFIRMING THE PLANNING COMMISSION DECISION TO DENY
THE HITESIDUBLIN CROWN CHEVROLET CONDITIONAL USE PERMIT
TO AMEND PLANNED DEVELOPMENT DISTRICT PA 96-043
TO ALLOW AUTOMOBILENEHICLE STORAGE LOTS
AT 6670 AMADOR PLAZA ROAD, PA 03-023
WHEREAS, the Applicants/Property Owners, George and Andras Hites, propose a minor
amendment to Planned Development (PD) District PA 96-043 by means of a Conditional Use Permit
pursuant to Section 8.32.080 of the Zoning Ordinance to allow automobile/vehicle storage lots subject to a
Conditional Use Permit and to establish an automobile storage lot for a two (2) year period for use by the
Dublin Crown Chevrolet dealership within a private parking lot located at 6670 Amador Plaza Road (APN
941-1500-053); and
WHEREAS, the intent of the PD District is to promote office and commercial development
compatible with existing uses and existing development; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, the project has been found to be Categorically Exempt trom the California
Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15303, as the project is
located on a previously developed, fully improved and paved property where no further improvements or
construction is necessary for the use, an automobile vehicle storage lot; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on said
application on May 25,2004, and did adopt Resolution 04-044 denying PA 03-023 for the Hites/Dublin
Crown Chevrolet Conditional Use Permit; and
WHEREAS, Mr. Andras Hites, one of the Applicants, appealed the decision of the Planning
Commission to the City Council on June 3,2004; and
WHEREAS, Mr. Andras Hites submitted a letter dated June 15,2004 that requested a delay in the
consideration of the appeal due to travel plans and waived the time limits required pursuant to Section
8.136.060 of the Dublin Municipal Code; and
WHEREAS, the City Council did hold a public hearing in consideration of the appeal on August
3,2004;and
WHEREAS, proper notice of said public 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 Chapter 8.136, Appeals, of the Zoning Ordinance; and
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.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council hereby affirms the
decision of the Planning Commission to deny the HiteslDublin Crown Chevrolet Conditional Use Permit,
PA 03-023, to amend the Planned Development District PA 96-043 to allow automobile/vehicle storage
lots with a Conditional Use Permit, and to allow the operation of an automobile/vehicle storage lot for a
two (2) year period, and makes the following findings and determinations to deny said appeal:
A. The proposed minor amendment does not substantially comply with and does materially
change the provisions or intent of the adopted Planned Development Zoning District
Ordinance for the site because the proposed use would be located in the parking lot of an
existing office development and the proposed use is not compatible with the existing office
park development as it is industrial in nature and not within the aesthetic character and
architectural theme of the surrounding buildings and landscaping.
B. The proposed use of the property as a temporary automobile/vehicle storage lot, under all
circumstances and conditions ofthis permit, will be injurious to property uses or
improvements in the neighborhood as the use is an automobile/vehicle storage yard for
overstocked vehicles and a proposed light industrial type of use located within an office
park development.
C. The subject site is not physically suitable for the type, density, and intensity of the use as the
surrounding uses are office development within an integrated office park setting.
D. The proposed use of the property as a temporary automobile/vehicle storage lot is not
consistent with the goals, intent or provisions of the West Dublin BART Specific Plan as
the land use designation for the site is Retail/Office which allows for retail, service or office
uses such as high-density, administrative and professional office development.
PASSED, APPROVED AND ADOPTED this 3rd day of August, 2004.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~llJlA, ~,
Deputy City Clerk
G:\CC-MTGS\2004-qtr3\Aug\08-03-04\reso-hites-affinnPC.doc (Item 6.1)
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