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HomeMy WebLinkAboutPC Reso07-39 Amdmt to Dwntwn Core SpecPln - Custom Fireplace, Patio & BBQ RESOLUTION NO. 07-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE DOWNTOWN CORE SPECIFIC PLAN TO CHANGE THE RETAIL/AUTO LAND USE DESIGNATION TO RETAIL/OFFICE FOR 1.94 ACRES OF LAND LOCATED AT 7099 AMADOR PLAZA ROAD (CUSTOM FIREPLACE, PATIO AND BBQ) APN 941-0305-026 PA 07-001 WHEREAS, the Applicant Architectural Networks, Inc. on behalf of the property owner and business owner, 'Walt Ligon, has requested approval of an amendrr.ent to the Downtown Core Specific Plan to change the Retail/Automotive land use designation to Retail/Office for 1.94 acres of land; approval of a PO, Planned Development Rezone with a Stage 2 Development Plan in accordance with the Downtown Core Specific Plan; approval of a Conditional Use Pemlit for Retail - Outdoor Storage; and approval of Site Development Review to construct an approximately 10,900 square foot addition to an existing 9,370 square foot building, related site improvements includng new parking and circulation, new landscaping and fencing and a new trash enclosure, and a new wall sign located at 7099 Amador Plaza Road (the "Project"); and WHEREAS, the Project site is located within the Downtown Core Specific Plan area ("Specific Plan area"); and WHEREAS, the Applicant is requesting an amendment to the Downtown Core Specific Plan ("Specific Plan Amendment") to change the Retail/Automotive land use designation for 1.94 acres of land at 7099 Amador Plaza Road to Retail/Office to allow for the expar sion of an existing building and the establishment of a retail commercial tenant, Custom Fireplace, Patio and BBQ; and WHEREAS, the Specific Plan Amendment is consistent with the Dublin General Plan which designates the site as Retail/Office and allows for shopping centers, stores, restaurants, business and professional offices, motels, service stations and sale of auto parts; and WHEREAS, the Specific Plan area is zoned PD, Planned Development (Ord. 03-02) and requires that a Planned Development Rezone with Stage 2 Development PI~ n and Site Development Review be approved prior to the development of property within the Plan area; ald WHEREAS, the Applicant has submitted a complete application which is available and on file in the Planning Division for a Downtown Core Specific Plan Amendment; PD, Planned Development Rezone and Stage 2 Development Plan; Conditional Use Permit; and, Site Development Review for the above described project; and WHEREAS, the California Environmental Quality Act (CEQA), together with State CEQA Guidelines, requires that certain projects be reviewed for environmwtal impacts and that environmental documents be prepared; and WHEREAS, on December 19,2000, the Dublin City Council certified a Negative Declaration for the Downtown Core Specific Plan (Resolution 226-00); and WHEREAS, the Downtown Core Specific Plan states that mljor amendments to the Specific Plan are subject to additional environmental review pursuant to CEQA; and WHEREAS, the Project has been reviewed in accordance with CEQA and a determination has been made that the proposed Specific Plan Amendment is not a major amendment; therefore, Staff is recommending that the Project be found Categorically Exempt fron CEQA pursuant to Section 15332, In-Fill Development Projects; and WHEREAS, the City of Dublin Planning Commission ("P anning Commission") held a public hearing on said application on August 14,2007; and WHEREAS, proper notice of said 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 herein above set forth and used independent judgment to evaluate the Project; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend City Council approval of an amendment to the Downto IVn Core Specific Plan to change the Retail/Automotive land use designalion to Retail/Office for 1.94 acres ofland. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby find that: A. The Downtown Core Specific Plan Amendment is consistenl with the Dublin General Plan land use designation of Retail/Of}lce and the goals, policies and implementing programs set forth in the Dublin General Plan in that: 1) the Retail/Office land use designation in the Specific Plan allows for a range of general retail uses which is consistent with :he types of uses allowed under the General Plan land use designation; and 2) changing the land use from Retail/Automotive to Retail/Office allows for the intensification of an existing cowntown retail business which has outgrown its existing location. B. The Downtown Core Specific Plan Amendment is consistent with the goals and objectives of the Specific Plan in that: 1) the amendment encourages development in the Downtown Core by allowing for additional general retail uses to be established; 2) the establishment of additional general retail uses will contribute to the existing tax base in the downtown area; 3) the expansion of an existing downtown retail business is a positive contribution to the creation of an appropriate mix of small, medium and large scale retail uses; 4) the amendment allows for the retention of an existing downtown business by permitting it to expand in another location within the Downtown Core area; and 5) the amendment allows for the phasing out of an existing automobile sales and service land use. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend City Council approval of an amendment to the Downto'Nn Core Specific Plan to change the Retail/Automotive land use designation to Retail/Office for 1.94 acres of land located at 7099 Amador Plaza Road. PASSED, APPROVED AND ADOPTED this 14th day of August 2007 by the following vote: 2of3 AYES: Chair Schaub, Vice Chair Wehrenberg, Commssioners Biddle, and King NOES: ABSENT: Commissioner Tomlinson ABSTAIN: M~J Planning Commi ;;sion Chair ATTEST: G:\PA#\2007107-001 Custom Fireplace, Patio, BBQIPCIPC Reso SPA.doc 30f3