HomeMy WebLinkAboutPC Reso07-08 Appv Grafton Sta DP CUP 06-061
RESOLUTION NO. 07 - 08
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO AMEND THE DEVELOPMENT PLAN
FOR GRAFTON STATION TO SHIFT THE APPROVED SQUARE FOOTAGES ON THE
SITE BETWEEN RETAIL PADS
P A 06-061
WHEREAS, the Applicant has requested approval of a Conditional Use Permit to make a minor
amendment to the adopted Development Plan for Grafton Station (P A 05-030) to exchange the two-story
from Pad C-1 to Pad C-2; and
WHEREAS, the proposal will not increase the total square footage of the retail shopping center
and therefore constitutes a minor amendment to the adopted Stage 2 Development Plan; and
WHEREAS, the Stage 2 Planned Development Rezone including the Development Plan was
adopted by the Council on September 5, 2006; and
WHEREAS, Section 8.36.080 of the Dublin Zoning Ordinance allows the Planning Commission,
by means of a Conditional Use Permit, to make minor amendments to an adopted Planned Development,
upon finding that the amendment substantially complies with, and does not materially change the
provisions or intent of the adopted Planned Development Zoning District Ordinance for the site; and
WHEREAS, the City Council approved a Mitigated Negative Declaration by Resolution No. 34-
00 (entitled and hereinafter referred to as the "1999 Mitigated Negative Declaration"); and
WHEREAS, pursuant to the CEQA, an Addendum to the Eastern Dublin Specific Plan area
Program Environmental Impact Report (the "Eastern Dublin EIR"), which was certified by the City
Council by Resolution No. 51-93, was adopted by the City Council on August 15, 2006 for Grafton
Station; and
WHEREAS, the Planning Commission did hold a public hearing on said application on March
27,2007, for this project; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
approve the Conditional Use Permit to allow minor modification to the adopted Development Plan for
Grafton Station; and
WHEREAS, the Planning Commission did hear and use independent judgment and considered
all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin
does hereby make the following findings and determinations regarding the proposed Conditional Use
Permit:
A. Pursuant to Section 8.36.080 of the Dublin Zoning Ordinance, the Planning Commission of the
City of Dublin finds as follows:
The proposed amendment substantially complies with and does not materially change the
provisions and intent of the adopted Planned Development Zoning District Ordinances and/or the
Site Development Review approvals for Grafton Station because the proposed amendment will not
allow additional development potential in terms of new or larger retail pads and will only allow the
Applicant to exchange the approved square footages between Pad C-1 and Pad C-2.
B. Pursuant to Section 8.100.060 of the Dublin Zoning Ordinance, the Planning Commission of the
City of Dublin finds as follows:
1. The proposed amendment substantially complies with and does not materially change the
provisions and intent of the adopted Planned Development Zoning District Ordinances
and/or the Site Development Review approvals for Grafton Station and is compatible with
other land uses, transportation and service facilities in the vicinity because: the proposed
amendment will not allow additional development potential in terms of new or larger retail
pads and will only allow the Applicants to shift the second floor from Pad C-l to Pad C-2.
2. The proposed amendment will not adversely affect the health or safety of persons residing
or working in the vicinity, and will not be detrimental to the public health, safety and
welfare because: the modification will not allow additional development potential.
3. The proposed amendment will not be injurious to property or improvements in the area
because: the amendment will not increase the overall floor area of the Grafton Station
shopping center.
4. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the amendment would not be detrimental to the public health,
safety, and welfare because: the proposed modification will not increase the overall square
footage of the commercial development.
5. The subject site is physically suitable for the proposed modifications because: the two
story building will move away from Dublin Boulevard and will be sited where it is more
appropriate.
6. The proposed amendment will not be contrary to development regulations or performance
standards for the site because: the site has been designated for commercial development
and the modification is consistent with the provisions of the Stage 2 Rezone.
7. The proposed amendment is consistent with the Dublin General Plan, Eastern Dublin
Specific Plan, and the purpose and intent of the Dublin Zoning Ordinance because: the
amendment is minor in nature and results in better siting of the two-story building.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby
approve the Conditional Use Permit for PA 06-061 to amend the Development Plans for Grafton Station
as shown on the amended Stage 2 Development Plan incorporated herein and attached as Exhibit A.
2
PASSED, APPROVED AND ADOPTED this 2ih day of March 2007 by the following vote:
AYES:
Cms. Wehrenberg, Biddle, Tomlinson, King and Chair Schaub
NOES:
ABSENT:
l~~l~
/tI~
ATTEST:
Planning Commission Chairperson
G:IPA#\2006\06-061 Grafton Station Retail PadsIPC Reso CUP.doc
3