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HomeMy WebLinkAboutPC Reso06-39 Amdmts GM Auto Mall SDR PA04-041 RESOLUTION NO. 06 - 39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING AMENDMENTS OF THE CONDITIONS OF APPROVAL OF THE SITE DEVELOPMENT REVIEW FOR THE GM AUTO MALL LOCATED AT 4200 JOHN MONEGO COURTPREVIOUSL Y APPROVED BY RESOLUTION NUMBER 05-28 FOR PA 04-041 WHEREAS, the Applicant, Gregg Butterfield, has requested amendment of the Conditions of Approval of the Site Development Review for the GM Auto Mall that relate to the provision of public art at 4200 John Monego Court, which were previously approved by Resolution Number 05-28 for PA 04- 041, APN 986-0016-004; and WHEREAS, Condition of Approval Number 67 requires the Applicant to install public art in the traffic circle located at the terminus of John Monego Court; and WHEREAS, the provision of public art as required by Condition of Approval Number 67 would result in an on-site public art piece obscured from the public view due to the site layout and surrounding landscaping; and WHEREAS, the Applicant has requested that Condition of Approval Number 67 be revised to require the provision ofIandscaping in the traffic circle, but no public art piece; and WHEREAS, the amendment adds Condition of Approval Number 128 to require the Applicant to contribute to the public art program by providing a monetary contribution in-lieu of providing an on-site public art piece, in accordance with Dublin Zoning Ordinance Chapter 8.58 relating to the Public Art Program Contribution; and WHEREAS, the Applicant submitted a written request for the proposed amendment received by the Planning Division on September 25, 2006; and WHEREAS, the application has been reviewed in accordance with the proVIsIOns of the California Environmental Quality Act (CEQA) and this project was found to be exempt under the CEQA Guidelines Section 15301 as it is a comparable use in an existing building which requires no alteration; and WHEREAS, the Planning Commission held a public hearing on said application on October 10, 2006; 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 application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby find that: A. Approval of the amendment to the project Conditions of Approval is consistent with the purposes and intent of Chapter 8.104, Site Development Review, of the Dublin Zoning Ordinance because: the amendment of the Conditions of Approval will comply with current City regulations related to the provision of public art. B. The approval will comply with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the zoning district in which it is located and with all other requirements of the Zoning Ordinance because: 1) the amended conditions will require that public art be provided in accordance with the City's Public Art Master Plan and Chapter 8.58, Public Art Program Contribution of the Dublin Zoning Ordinance; and 2) the amended conditions will ensure that public art is provided which meets the City's requirements for public art under Chapter 8.58. C. The approval 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 amended conditions will ensure that the Applicants comply with the City's adopted Public Art Master Plan and the Public Art Program Ordinance and therefore the project will comply with current regulations as well as recently approved projects in the City. D. The approval of the amendment to the project Conditions of Approval is consistent with the Dublin General Plan because: the amended Conditions of Approval will ensure that the project will comply with the Public Art Master Plan and the Public Art Program Ordinance, which were recently adopted by the City Council. E. Approval of this amendment complies with Chapter 8.58 relating to the Public Art Contribution because: the existing condition will be amended to ensure that public art is installed or an in-lieu contribution is paid if public art is not installed pursuant to the Public Art Master Plan and the Public Art Program Ordinance. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve amendments to the Conditions of Approval of the Site Development Review for the GM Auto Mall (P A 04-041), as previously approved by Planning Commission Resolution Number 05-28, as described below; all other conditions of approval of the Site Development Review remain unchanged. BE IT FURTHER RESOLVED that Condition of Approval Number 67 of Planning Commission Resolution Number 05-28 is therefore amended to read: 67 Right of Way Improvements. The ApplicantJDeveloper shall install eOHotruet pHblic art and-Iandsca in in the traffic circle landsca e circle PW Occupancy Public Art Policy 2 in the cul-de-sac. Such improvements shall be maintained and 0 erated b A licantJ Develo er. BE IT FURTHER RESOLVED that the following Condition of Approval is therefore added to Planning Commission Resolution Number 05-28 as Condition of Approval Number 128: 128 Public Art Program Contribution. Applicant shall PL, PCD Occupancy Public Art pay to City a monetary contribution in-lieu of Policy providing on-site public art in an amount equal to forty-five one-hundredths percent (0.45%) of the development project's building valuation (exclusive of land), in compliance with the Dublin Zoning Ordinance Chapter 8.58 relating to the Public Art Program Contribution, except that the total building valuation ofthe project and the calculation of the value of Applicant's required in-lieu contribution shall be determined prior to occupancy and Applicant shall make the public art in-lieu contribution payment prior to occupancy. Applicant need not reserve a site or provide a public art easement or access easement as set forth in Chapter 8.58. PASSED, APPROVED AND ADOPTED this 10th day of October 2006 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle and King NOES: None ABSENT: Commissioner Fasulkey ABSTAIN: None #cU~.. Planning Commission Chair ATTEST: ~, \\kJ~F= Pia ~~ger l)L) G:IP A#\2004\04-04l Dublin Saturn HurnrnerIPublic Art ModificationlPC Reso public art.doc 3