HomeMy WebLinkAboutReso 144-88 Variance 1stWestDevRESOLUTION NO. 144 - 88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PA 87-159.2 FIRST WESTERN DEVELOPMENT VARIANCE REQUEST TO ALLOW A
SUBSTANDARD PARCEL WITH INSUFFICIENT EFFECTIVE LOT FRONTAGE AT 7450 AMADOR
VALLEY BOULEVARD SUBJECT TO CONDITIONS OF APPROVAL
WHEREAS, First Western Development filed an application for a
Minor Subdivision request to subdivide an existing 7.002 acre site into two
separate sites (Parcel A containing 5.908 acres and Parcel B containing 1,094
acres) and a Variance request to allow a substandard parcel (Parcel B); and
WHEREAS, this application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and a Negative
Declaration of Environmental Significance has been prepared for this project as
it will not have a significant effect on the environment.
WHEREAS, the Planning Commission held a public hearing on said
application on August 15, 1988 and September 6, 1988; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the Planning Commission did hear and Consider all reports,
recommendations and testimony hereinabove set forth; and
WHEREAS, on September 6, 1988, the Planning Commission denied PA
87-159.2 First Wedstern Development Minor Subdivision and Variance request; and
WHEREAS, on September 15, 1988, the Applicant appealed the Planning
Commission action; and
WHEREAS, the City Council held a public hearing on said appeal on
October 10, 1988 and November 14, 1988; and
WHEREAS, proper notice of said hearing was given in all respects as
required by law; and
WHEREAS, a Staff Report was submitted recommending that PA 87-159.2
First Westsern Development Subdivision and Variance be approved subject to
conditions of approval; and
WHEREAS, the City Council did hear and consider all reports,
recommendations and testimony as hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find that:
1. The granting of this. Variance for PA 87-159.2 as conditioned
is consistent with the intent of the applicable subdivision regulations and
City Zoning Ordinance.
2. Granting this Variance from effective lot frontage subject to
the Conditions of Approval provides an opportunity for a more effective or
desirable land utilization as the Condition of Approval requiring approval of a
Planned Development rezoning would eliminate or minimize the problems which
could arise with future expansion of development on the site, obtaining access
easements., location and placement of freestanding signage.
3. There are particular circumstances in which the granting of
the Variance would meet or exceed the intent of the effective lot frontage
requirement, as the regulations to be established in the required Planned
Development will meet the intent of the effective lot frontage by including
general provisions relating to future development, access and signage.
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BE IT FURTHER RESOLVED THAT THE City Council does hereby approve
PA 87-159.2 First Western Development Variance request for substandard
effective lot frontage on ParcelB as generally depicted on Exhibit A on file
with the Dublin Planning Department and subject to the Conditions of Approval
established in Resolution No. , PA 87-159.2 Tentative Parcel Map 5364 and
subject to the following Conditions of Approval:
1. Prior to approval of the Final Map, the Applicant/Property
Owner shall submit a complete application requesting a Planned Development
rezoning for Parcel A and Parcel B of Tentative Parcel Map 5364 as one
comprehensive Planned Development Zoning District. Said request shall be
irrevocable. Any new restaurant, enlargement to existing or approved
buildings, or other new land use entitlement shall be either 1) included in the
PD application or 2) subject to a new PD application covering both Parcels A
and Parcel B of Tentative Parcel Map 5364.
2. The Applicant shall comply with all applicable building, fire
and zoning regulations.
3. At any time during the effectiveness of this approval, the
approval shall be revocable for cause in accordance with Section 8-90.3 of the
Dublin Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 14th day of November, 1988.
AYES: CouncilmemberS Moffatt, Snyder, Vonheeder and Mayor Jeffery
ATTEST:
NOES:
ABSENT:
Councilmember Hegarty
None
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