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HomeMy WebLinkAboutPCReso02-07 PA01-035 CA Creekside AmendCUP RESOLUTION NO. 02 - 07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT PA 01-035, AMENDING CONDITION NO. 2 OF CITY COUNCIL RESOLUTION NO. 55-96 WHICH SETFORTH THE FINDINGS AND GENERAL PROVISIONS FOR THE PLANNED DEVELOPMENT REZONE OF CALIFORNIA CREEKSIDE (PA 95-048) WHEREAS, Terence Wong requests approval of a Conditional Use Permit to modify Condition 2 of City Council Resolution No. 55-96 setting forth the Findings and General Provisions for the California Creekside Planned Development Rezone approved May 28, 1996, to allow minor additions to single-family houses in the development, and WHEREAS, Section 8.32.080 of the City of Dublin Zoning Ordinance, Planned Development Zoning District states that the Planning Commission by means of a Conditional Use Permit may approve minor amendments to an adopted Development Plan upon a finding that the amendment substantially complies with and does not material change the provisions or intent of the adopted Planned Development Zoning Ordinance for the site, and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission of the City of Dublin held a public hearing on said application on February 26, 2002, and WHEREAS, the proposed revisions to the Conditions of Approval have been reviewed and it has been determined that the revisions are consistent with the Eastern Dublin Specific Plan, which was adopted in 1994 and has a certified Program EIR (SCH No. 91-103064). Pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section 15182, the proposed project is within the scope of the Final Environmental Impact Report for the Eastem Dublin General Plan Amendment and Specific Plan, which was certified by the City Conncil by Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 (the ("EIR"); and WHEREAS, the staff report was submitted recommending the Planning Commission approve the Conditional Use Permit in accordance with the findings referenced below, and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby find that: The proposed revisions to the Conditions of Approval are compatible with the other land uses, transportation and service facilities in the vicinity as the implementation of / the revised conditions will allow for minor single-story additions to approximately 20% of the existing houses in this established neighborhood. The proposed revisions to the Conditions of 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 welfare as the revision allows for minor additions only to existing residences. The proposed revisions to the Conditions of Approval will not be injurious to property or improvements in the neighborhood as the revised condition will allow additions that are minor in nature. The proposed project will allow for adequate provisions for public access, water, sanitation and public utilities because it will use existing facilities and infrastructure, ensuring that the proposed use and related structures will not be detrimental to the public health, safety and welfare. The revised Conditions of Approval will not alter the existing development pattern, therefore, the site will remain physically suited for the type, density and intensity of the planned use and those structures being proposed. The proposed revisions will not be contrary to the specitic intent clauses, development regulations, or performance standards established for the Planned Development Zoning District because the revised condition will still meet the intent of the development regulations and the performance standards. The proposed revised Conditions of Approval are consistent with the Dublin General Plan and the Eastern Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Dublin does hereby conditionally approve PA 01-035, Conditional Use Permit to revise California Creekside Planned Development Condition 2 of City Council Resolution No. 55-96 as follows: Amended Condition 2: Additions to residences in this project are allowed under the following conditions: a. Additions are allowed to detached, single-family dwellings only. b. Additions shall be limited to the first floor and a maximum height of 1S feet. c. Additions shall be limited to side or rear yard areas. No additions shall be allowed to the front faqade of any buildings. d Additions shall meet all development regulations of the R-1 Zoning District, including but not limited to, building setback and lot coverage requirements. e. Additions shall meet all aspects of the most currently adopted Dublin Building Code. PASSED, APPROVED AND ADOPTED this 26th day of February 2002. AYES: NOES: ABSENT: ATTEST: Cm. Johnson, Musser, Jermings, Fasulkey & Nassar l~la~m i~n~g/C~mn~i s si o n Chairperson G:\PA#L2001\01-035~PC RESO.doc