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HomeMy WebLinkAboutPC Reso 93-41 PA93-058 Stroud Plaza CUP RESOLUTION NO. 93 - 041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 93-058 STROUD'S PLAZA CONDITIONAL USE PERMIT FOR THE MINOR MODIFICATION TO THE APPROVED PLANNED DEVELOPMENT GENERAL PROVISIONS FOR THE STROUD'S PLAZA SHOPPING CENTER ALLOWING THE CONSTRUCTION OF A NEW BUILDING AT 7300-7308 SAN RAMON ROAD WHEREAS, the Applicant/Property Owner, Richard Jeha, requests approval of a Conditional Use Permit to allow a minor modification to the approved Land Use and Development Plan for the Stroud's Plaza Shopping Center, allowing the construction of an approximate 2,048 square foot building to be located at the northeast corner of the site (7300-7308 San Ramon Road); and WHEREAS, the proposed Conditional Use Permit is in substantial conformity with the Site Development Review (PA 90-045.2); and WHEREAS, the Planning Commission held a public hearing on said application on November 15, 1993; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, This project has been found to be Categorically Exempt from CEQA under Section 15303, Class 3 of the California Environmental Quality Act guidelines. The proposed project consists of the construction and location of a small commercial structure, not involving the use of significant amounts of hazardous materials; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; 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 project will serve a public need by providing for a range of services available to the community. The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible when compared to the type and nature of operations typically found in the neighborhood. The use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. Do The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. Eo The approval of this Conditional Use Permit will be consistent with the Dublin General Plan and the San Ramon Road Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 93-058 Stroud's Plaza Conditional Use Permit as shown on Exhibit A, stamped approved and on file with the Dublin Planning Department, subject to the approval of the related Site Development Review (PA 90-045.2) and to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitorinq compliance of the conditions of approval. [PL] Planning, lB] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, IF] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District. PA 93-058 Stroud's Plaza Conditional Use Permit is approved for the minor modification to the Planned Development General Provisions allowing the construction of an approximate 2,048 square foot building at the northeast portion of the site. This approval shall generally conform to the plans prepared by Lee Gage & Associates, consisting of 3 sheets, dated received by the Planning Department on October 14, 1993, labeled Exhibit A, stamped approved and on file. [PL] Prior to the issuance of a building permit, the Applicant's voluntary contribution of traffic improvement funds in the amount of $2,250.00 shall be paid in full to the City. Payment of this traffic improvement fund shall supersede Condition No. 3 of Planning Commission Resolution No. 90-053 for PA 90-045.2, relating to the payment of a traffic impact mitigation fee. [PW, PL] Except as specifically modified herein, the Apulicant shall comply with all Conditions of Approval contained within Planning Commission Resolution No. 90-053, approving PA 93-045.2 Stroud's Plaza Addition Site Development Review (see Attachment B-i). [PL] Except as specifically modified herein, permitted and conditionally permitted uses occupying Building D shall be as provided for in City Council Resolutions No. 54-86 and No. 55-86 (see Attachment B-2 and B-3 respectively). [PL] - 2 - Restaurants occupying Building D, which are listed as permitted uses within the PD District, shall include sit-down type establishments only. Fast food type restaurants may be permitted within Building D if approved by a separate Conditional Use Permit application to establish applicable traffic impact mitigation fees, and to evaluate on-site parking requirements. [PL] e Trucks with more than two (2) axles shall be restricted to make deliveries during non-business/non-peak hours. [PL] The Applicant shall comply with all applicable Planning, Building, Dougherty Regional Fire Authority and Police Department regulations and ordinances. [PL, B, F, PO] The Applicant/Property Owner shall be responsible for clean-up and disposal of project related trash to maintain a clean, litter-free site. [PL] No loudspeakers or amplified music shall be permitted outside the enclosed buildings. All activities associated with the use shall be conducted entirely within the enclosed buildings. [PL] 10. On an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to the compliance with the Conditions of Approval. [PL] 11. This approval shall become null and void in the event the approved use ceases to operate for a continuous one-year period. [PL] 12. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 15th day of November, 1993. AYES: Commissioners Downey, North, Rafanelli and Zika NOES: Commissioner Burnham ABSENT: None ATTEST: Planning Oommissio Chairperson Planning DirectorO - 3 -