HomeMy WebLinkAboutPC Reso 90-052 PA 90-045.2 Stroud's Plaza (formerly Dublin Town and Country- minor modifications to PD General Provisions RESOLUTION NO. 90 - 052
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING CONDITIONAL USE PERMIT REQUEST FOR
PA 90-045.2 STROUD'S PLAZA (FORMERLY DUBLIN TOWN & COUNTRY)
ALLOWING MINOR MODIFICATIONS TO THE APPROVED
PLANNED DEVELOPMENT GENERAL PROVISIONS
WHEREAS, Phillip L. Smith, on behalf of the Stroud's Plaza Associates,
requests approval of a Conditional Use Permit to allow modification to the
approved Planned Development General Provisions (PA 83-042) and is requesting
Site Development Review approval for a new building approximately 2,100 square
feet in size at the northeast portion of the site, and minor site alterations
within the Stroud's Plaza; and
WHEREAS, Section 8-31.18 of the Zoning Ordinance establishes the
Conditional Use Permit process as the mechanism to allow consideration of
minor modifications to approved Land Use and Development Plans for Planned
Development Districts; and
WHEREAS, the Planning Commission held a public hearing on said
application on September 4, 1990; and
WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was found to
be Categorically exempt from environmental review as per Section 15301,
Class 1(e); and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the proposed land use, if conditionally approved, is
appropriate for the subject property in terms of being compatible to existing
land uses in the area and will not overburden public services.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
A. Continued use of the existing shopping center with the proposed addition
of a new building approximately 2,100 square feet in size at the
northeast portion of the site provides for the public need by offering a
range of services to the community.
B. The use will be properly related to other land uses, and transportation
and service facilities in the vicinity, as the proposed use is
compatible when compared to the type and nature of operations typically
found in retail business district areas and the uses currently in
operation in the immediate vicinity.
C. The use will not materially adversely affect the health or safety of
persons residing or working in the vicinity, or be materially
detrimental to the neighborhood, as all applicable regulations will be
met.
D. The uses will not be contrary to the specific intent clauses or
performance standards established for the District in which it is to be
located in that conditions have been applied to ensure conformance with
the applicable zoning regulations, and the use is consistent with the
character of the surrounding area as well as the retail business
district.
E. The approval of the Conditional Use Permit will be consistent with the
Dublin General Plan and the San Ramon Road Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 90-045 Conditional Use Permit application as shown by
materials labeled Exhibit A (consisting of two sheets, Site Plan dated
received August 29, 1990 and Elevations dated received August 15, 1990
prepared by Lee Gage and Associates) on file with the Dublin Planning
Department subject to the approval of the related Site Development Review and
to the following conditions.
CONDITIONS OF APPROVAL:
Unless otherwise specified, the following conditions shall be complied with
prior to issuance of building or grading permits. Each item is subject to
review and approval by the Planning Department unless otherwise specified.
1. This approval is for the minor modification to the approved Land Use and
Development Plan (PA 83-042) for this site, consisting of a new
structure approximately 2,100 square feet in size, Building D, at the
northeast portion of the site.
2. Except as may be specifically modified or elaborated upon by the
conditions listed below, the addition of a new structure, Building D,
shall conform to the Conditions of Approval established by Resolution
No. 51-84 of the Dublin City Council, approved May 29, 1984, for City
file PA 83-042 (Attached).
3. This approval is to allow shopper goods, as defined by Land Use Plan
Area 3 within the San Ramon Road Specific Plan. All other uses are
prohibited unless approved by a separate Conditional Use Permit
application to establish the appropriate traffic inpact mitigation fee,
and to evaluate the on-site parking requirements.
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4. Trucks with more than two (2) axles shall be restricted to make
deliveries during non-business/non-peak hours.
5. The color, number, material and size of flags mounted on top of the
tower shall be subject to review and approval of the Planning Director.
6. All signs shall be subject to Site Development Review approval.
7. All construction shall be limited to take place between the hours of
7:30 a.m. and 5:30 p.m., Monday through Friday, except as may be
approved in advance in writing by the City Engineer.
8. The Applicant shall be responsible for clean up and disposal of shopping
center related trash to maintain a clean and litter free site.
9. No loudspeakers or outside amplification of music or sound shall be
allowed.
10. Except as may be specifically provided for within these Conditions of
Approval, the development shall comply with City of Dublin Site
Development Review Standard Conditions and the City of Dublin Non-
Residential Security Requirements (attached).
11. On an annual basis, this Conditional Use Permit approval shall be
subject to Zoning Investigator review and determination as to the
compliance with the Conditions of Approval.
12. This Conditional Use Permit shall be revocable for cause in accordance
with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of
the terms of conditions of this permit shall be subject to citation.
13. Building permits for Building D shall be secured within one year or
approval becomes null and void.
PASSED, APPROVED AND ADOPTED this 4th day of September, 1990.
AYES: Commissioners Springer, Okun and Zika
NOES: Commissioners Barnes and Burnham
ABSENT: None /�// z
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Planning Commi Sion hair erson
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