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HomeMy WebLinkAboutPCReso00-60 PA00-021 Dublin Ranch CUP to Amnd PD RESOLUTION NO. 00 - 60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT, PA 00-21, AMENDING CONDITIONS NO. 44 AND 46 OF CITY COUNCIL RESOLUTION NO. 139-97 WHICH SETFORTH THE FINDINGS AND GENERAL PROVISIONS FOR THE PLANNED DEVELOPMENT REZONE OF DUBLIN RANCH, AREA A (PA 96-038) WHEREAS, James Tong, on behalf of Jennifer Lin, et.al., requests approval of a Conditional Use Permit to modify Conditions 44 and 46 of City Council Resolution No. 139-97 setting forth the Findings and General Provisions for the Dublin Ranch Area A Rezone approved November 18, 1997, to change the timing of construction for various improvements, and WHEREAS, Section 8.32.080 of the City of Dublin Zoning Ordinance, Plaimed 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 October 10, 2000, and WHEREAS, the proposed revisions to the Conditions of Approval have been reviewed in accordance with the California Environmental Quality Act (CEQA) and it has been determined that the revisions are exempt from the CEQA because there is no possibility that the revisions will have a significant effect on the environment (Section 15061 [a][3]). All discretionary permits, which are based on the Planned Development Zoning, will receive environmental review pursuant to CEQA. 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 the orderly coordination and construction of the golf course, clubhouse and recreation facilities in conjunction with the residential land uses and the public transportation network. 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 because it will allow for the orderly completion of one project and not create overlapping conflicts between trades in the development of the property. The proposed revisions to the Conditions of Approval will not be injurious to property or improvements in the neighborhood as the revised conditions will allow for the orderly development of each project referenced by the conditions while reducing conflicts between adjacent projects. The proposed project will allow for adequate provisions for public access, water, sanitation and public utilities because it will coordinate and require the timely completion of infrastructure in conjunction with other properties and projects 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 specific intent clauses, development regulations, or performance standards established for the Planned Development Zoning District because the revised conditions will more specifically meet the intent of the development regulations and the performance standards than the conditions that they replace. The proposed revised Conditions of Approval are consistent with the Dublin General Plan and the Eastern Dublin Specific Plan as they will more directly implement the plan on a timely schedule than the Conditions of Approval that they replace. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Dublin does hereby conditionally approve PA 00-21, Dublin Ranch Area A revisions to Conditions 44 and 46 of City Council Resolution No. 139-97 as follows: 44. The first nine holes of the golf course shall be graded and planting started prior to the issuance of a building permit for the 312th unit in Area A, and the second nine holes shall be graded and planted prior to the issuance of a building permit for the 500th unit in Area A. 46. A building perm#for the Clubhouse and the Recreation Facility shall be obtained prior to the issuance of the 312th building permit in Area A, along with the development of the Golf Course. PASSED, APPROVED AND ADOPTED this 10th day of October 2000. AYES: NOES: ABSENT: Cm. Hughes, Oravetz, Jennings, Johnson, and Musser ATTEST: /q community Development D~ctor G: PA 00-21 PC Reso PlanningCOC~m~erson