HomeMy WebLinkAboutReso 209-04 CUPSecndStoryDeck
RESOLUTION NO. 209 - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AFFIRMING PLANNING COMMISSION APPROVAL OF A CONDmONAL USE PERMIT
FOR A MINOR AMENDMENT TO LOT COVERAGE REQUIREMENTS OF PLANNED
DEVELOPMENT PA 95-030 FOR A SECOND-STORY DECK LOCATED AT
3122 COLEBROOK LANE (BRYANT, PA 04.023)
WHEREAS, the Applicants, Mr. and Mrs. Anthony Bryant, have requested a Conditional Use
Permit to establish a second-story rear yard deck with a minor amendment and increase to maximum lot
coverage of 1.6% at 3122 Colebrook Lane, APN 985-0011-040, in Planned Development District, P A 95-
030; 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 from the California
Environmental Quality Act (CEQA), according to Section 15301(1) because the project consists of minor
modifications to an existing residence in a developed lot; it is consistent with all General Plan and Zoning
regulations as amendments to regulations of Planned Developments are allowed pursuant to Zoning
Ordinance Section 8.32.080; and, it is currently served by all required utilities and public services; and
WHEREAS, the Zoning Administrator, represented by the Community Development Director,
held a properly noticed public hearing on said application on August 9,2004; and
WHEREAS, the Zoning Administrator did hear and consider all said reports, recommendations
and testimony set forth and did adopt Resolution 04-05 approving PA 04-023, the Bryant Conditional Use
Permit; and
WHEREAS, on August 13,2004, Kevin and Angi Queenan appealed the decision of the Zoning
Administrator to the Planning Commission and requested reversal of the Zoning Administrator decision;
WHEREAS, the Planning Commission did hold a public hearing in consideration of the appeal on
September 14, 2004; 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 said reports, recommendations
and testimony set forth and did adopt Resolution 04-056 approving PA 04-023, the Bryant Conditional
Use Permit; and
WHEREAS, on September 23, 2004, Kevin and Angi Queenan appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, the City Council did hold a public hearing in consideration of the appeal on October
19, 2004; and
WHEREAS, proper notice of said public hearing was given in all respects required by law; and,
WHEREAS, the staff report was submitted recommending that the City Council make a
determination pursuant to 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; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council hereby affirms the
decision of the Planning Commission to approve the Bryant Conditional Use Permit, PA 04-023, to amend
the Planned Development District PA 95-030 to allow an increase in allowable maximum lot coverage of
approximately 1.6% to construct a second-story rear yard deck.
BE IT FURTHER RESOLVED THAT THE reasons for the City Council action on the appeal
are the following: the Planning Commission acted appropriately in approving the project; the public
hearing for the project was noticed to adjacent neighbors and residents in accordance with City and State
law; adequate environmental documentation has been prepared for the project; and, no additional
information has been presented that would negate the Planning Commission Findings of Resolution 04-56,
approving the Conditional Use Permit project.
PASSED, APPROVED AND ADOPTED this 19th day of October, 2004.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
A4~NV
,.. eputy City Clerk
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