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HomeMy WebLinkAboutPC Reso 08-07 Deny Oil Changers SDR PA08-003 RESOLUTION NO. 08-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING A REQUEST FOR A SITE DEVELOPMENT REVIEW PERMIT TO MODIFY THE EXTERIOR COLOR SCHEME FOR THE EXISTING OIL CHANGERS BUILDING AT 7194 VILLAGE PARKWAY (APN 941-0210-001-07) P A 08-003 WHEREAS, John Read, a representative of Oil Changen. Inc., has submitted an application requesting approval for a Site Development Review to modify the txterior color scheme that consists of black, grey and yellow for the existing Oil Changers building located at 7194 Village Parkway; and WHEREAS, the applicant has submitted a complete application which is on file and available for review in the Community Development Department, for a Site Development Review for the above described project; and WHEREAS, the application has been reviewed in accordance with the prOViSions of the California Environmental Quality Act (CEQA) and the project is Statutorily Exempt per Section 15301 of the CEQA Guidelines, because it includes minor alteration of txisting public or private structures involving negligible or no expansion of use beyond that existing; and WHEREAS, the Planning Commission adopted Resolution 87-041 on June 1, 1987 approving a Site Development Review to construct an Oil Change and lubrication facility with an exterior color scheme consisting of white, red and brown colors. WHEREAS, the Staff Report dated March 25, 2008 and incorporated herein by reference was submitted recommending the Planning Commission deny a Site Devdopment Review to modify the color scheme for the Oil Changers building; and WHEREAS, the Planning Commission held a public hearing on said application on March 25, 2008; and WHEREAS, proper notice of said public 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 their independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The proposed Site Development Review, as conditioned, is not consistent with the purpose and intent of Chapter 8.104 Site Development Review of the Dublin Zoning Ordinance in that: 1) The proposed color scheme of black, grey and yellow is not corr.patible with the color scheme of the surrounding properties: and 2) the proposed modifications of the existing exterior color scheme will be not be consistent in color scheme of the originally approved Site Development Review Resolution No. 87-041 CPA 87-048) which includes white, red and brown colors. B. The proposed Site Development Review complies with the policies of the General Plan, the Village Parkway Specific Plan, the development regulations established for the zoning district in which it is located, and with the general requirements eBtablished in the Zoning Ordinance because: 1) the existing Oil Changers is consistent with the General Plan and Village Parkway Specific Plan land use designation of Retail/Office and Automotive which allows a vehicle oil and lubrication facility; and 2) the proposed modifications to the l~xterior color scheme would not alter the existing use of the subject property. C. The proposed Site Development Review, 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 in that: 1) the proposed modifications to the project site are limited to the exterior color scheme; and 2) the proposed project will comply with all City regulations. D. The site development, including site layout, structures, vehieular access, circulation and parking, setbacks, height, walls, public safety and similar elements, have been designed to provide a desirable environment for the development because: I) the proposed modifications to the Oil Changers building are limited to a revised exterior color scheme which will not alter the existing site development. E. The subject site is physically suitable for the type and intensity of the approved development because: 1) the proposed modification is limited to the exf,~rior color scheme which would not modify or intensify the use of the site; and 2) there will be no increases to the existing square footage of the building. F. Impacts to views are addressed because: 1) the proposed rrodification is limited to the exterior color scheme which would not impact views. G. Impacts to existing slopes and topographic features are addressed because: 1) the site is relatively flat; and 2) no changes to the existing topography are prOPOSed. H. Architectural consideration, including the character, sca:e and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elerr.ents have not been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses because: 1) the proposed color scheme includes black, grey and contrasting yellow which are not consistent with the design concept and architectural theme of the building; 2) the proposed color scheme consists of a dark color palette which is not consistent with the color scheme that was originally approved by the Planning Commission (Resolution 87-041) and included white, red, and tan colors; and 3) the proposed color scheme is not compatible with the color scheme of surrounding buildings which have a colors scheme primarily consisting of white, tan, and brown with red accents. I. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public because: 1) no changes are proposed to the approved landscape plan. J. The approval of the Site Development Review (SDR) is consistent with the Dublin General Plan and with the Village Parkway Specific Plan because: illhe Oil Changers is an existing auto service use located within and existing building and is consistent with the General Plan and Village Parkway Specific Plan land use designation of Retail/Office and Automotive; 2) the proposed modification is limited to the exterior color scheme which is not consistent with the approved Site Development Review (Resolution 87-041 ). 2 K. Approval of this application complies with Chapter 8.58 relating to the Public Art Program Contribution in that: the Site Development Review is not subject to the Public Art Contribution requirement as noted in Chapter 8.58, section 8.58.040 fb and d) which states that tenant improvement projects, remodeling, repair or construction of ;m existing structure is not subject to the Public Art Contribution requirement. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny P A 08-003, a Site Development Review to modify the exterior color scheme for the existing Oil Changers building, as generally depicted by the Site Plan, Elevations and written statement dated received January 14,2008 and March 5, 2008, stamped denied and on file with the Duhlin Planning Department. PASSED, APPROVED AND ADOPTED this 25th day of March 2008 by the following vote: AYES: Schaub, Tomlinson, Wehrenberg, Biddle and King NOES: ABSENT: ABSTAIN: ATTEST: cib,Ci5J PI . g Commjssio~Chair \lILe G:\PA#\2008\PA 08-003 Oil Changers SDR (color changes) 3