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HomeMy WebLinkAboutPC Reso 13-11 Fiat Dealership CUP to Amd PD RESOLUTION NO. 13-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT ZONING DISTRICT TO TRANSFER DEVELOPMENT CAPACITY FROM PARCEL C TO PARCELS A & B OF THE GENERAL MOTORS AUTO MALL PLPA-2012-00057 WHEREAS, the Applicant, Inder Dosanjh, has requested approval of a Conditional Use Permit to amend the Planned Development zoning for the General Motors Auto Mall to transfer 5,000 square feet from Parcel C to Parcels A & B; and WHEREAS, in 1998, the City Council approved a Planned Development Zoning District which allows up to 120,902 square feet of development on the entire General Motors Auto Mall site, which is comprised of three parcels (Parcels A, B & C); and WHEREAS, in 2000, the City Council approved an amendment to the Planned Development that realigned the three parcels and reassigned building densities; and WHEREAS, in 2003, the Planning Commission approved a Conditional Use Permit to amend the Development Plan to again transfer densities across Parcels A, B and C. WHEREAS, in 2005, the Planning Commission approved a Conditional Use Permit and Lot Line Adjustment to amend the Planned Development to modify the size of the parcels in the General Motors Auto Mall; and WHEREAS, in 2011, the Planning Commission approved a Site Development Review Permit and Conditional Use Permit to allow construction and operation of a 13,720 square foot automobile dealership on Parcel B; and WHEREAS, a complete application to amend the Planned Development to transfer development capacity from Parcel C to Parcels A & B was submitted and is available and on file in the Department of Community Development; and WHEREAS, the proposal is consistent with the overall intent of the General Motors Auto Mall because it does not change the overall intensity of development on the site, but simply moves the density around within the greater General Motors Auto Mall; and WHEREAS, the Stage 1 and Stage 2 Development Plan established the allowable development for the project site; and WHEREAS, in accordance with Chapter 8.32.080 of the Zoning Ordinance, the Planning Commission may approve a Minor Amendment of an adopted development plan by means of a Conditional Use Permit upon a 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 California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the proposed project is an anticipated component of the larger General Motors Auto Mall project. The General Motors Auto Mall was previously determined to be within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064); therefore, the proposed project is within the scope of the Program and EIR and no further environmental analysis is required; and WHEREAS, the Planning Commission did hold a public hearing on said application on April 9, 2013, 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; 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. The proposed amendment substantially complies with and does not materially change the provisions and intent of the adopted Planned Development Zoning District Ordinance and/or Site Development Review approvals for the General Motors Auto Mall and is compatible with other land uses, transportation and services facilities in the vicinity because: the proposed modification does not change the overall density or intensity of development on the site, but moves the density around within the greater General Motors Auto Mall project area. B. 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 proposed modification does not increase the development capacity for the overall General Motors Auto Mall and is consistent with the intent of the Development Plan for the site. C. The proposed amendment will not be injurious to property or improvements in the area because: the amendment does not increase the anticipated development capacity for the overall General Motors Auto Mall. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare because: 1) the amendment does not increase the development capacity of the General Motors Auto Mall; and 2) 2 the utilities and infrastructure were designed to accommodate this development capacity. E. The subject site is physically suitable for the proposed modifications because: the proposed modification would not create any change to the development capacity of the General Motors Auto Mall. F. The proposed amendment will not be contrary to development regulations or performance standards for the site because: the proposed modification will facilitate the construction of a new car dealership (Fiat) on Parcel B, which is a conditionally permitted use that is compatible with the surrounding uses. G. The proposed amendment is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and purpose and intent of the Dublin Zoning Ordinance because: 1) Auto sales and service is consistent with the General Plan land use designation of General Commercial; 2) the proposal does not increase development capacity for the General Motors Auto Mall; and 3) the General Plan allows for an Floor Area Ratio (FAR) of up to 0.60 for General Commercial land uses and the FAR of the General Motors Auto Mall is below the allowed FAR. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve this amendment to the Planned Development Zoning and Stage 2 Development Plan for the General Motors Auto Mall and transfers 5,000 square feet of development capacity from Parcel C to Parcels A & B. PASSED, APPROVED AND ADOPTED this 9th day of April, 2013 by the following vote: AYES: O'Keefe, Bhuthimethee, Goel, Do, Kohli NOES: ABSENT: ABSTAIN: ,..•— leiic- `gyring Commissioner Chair ATTEST: Assistant Community Development Director G.•IPA#12012IPLPA-2012-00057 Dublin FiatlPlanning Commission 4.9.13IPC CUP Reso.PD amendment.doc 3