HomeMy WebLinkAboutPC Reso 09-07 Appv CUP Springfield Montessori Schl PA08-038RESOLUTION NO. 09-07
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF THE
SPRINGFIELD MONTESSORI SCHOOL LOCATED AT THE CORNER OF KOHNEN WAY
AND BRANNIGAN STREET IN AREA FOF DUBLIN RANCH
(APN 985-0052-022 AND 985-0052-023)
PA 08-038
WHEREAS, the Applicant, VSS Holdings LLC, has request.-d a Conditional Use Permit to allow
for the operation of the Springfield Montessori School (APN 985-0052-022 and 985-0052-023; and
WHEREAS, the proposal includes the establishment of a daycare facility with a maximum
enrollment of 180 children; and
WHEREAS, the California Environmental Quality Act (CFQA), 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, pursuant to the CEQA, Staff has recommended that an Addendum be prepared to the
Eastern Dublin Specific Plan area Program Environmental Impact Report (the "Eastern Dublin EIR"),
which was certified by the City Council by Resolution No. 51-93; and
WHEREAS, the City Council previously approved a Mitigated Negative Declaration by
Resolution No. 34-00 (entitled and hereinafter referred to as the "2000 Mitigated Negative Declaration")
and a CEQA Addendum for Areas B/E/F by Resolution 43-04 (entitled and hereinafter referred to as the
"2004 CEQA Addendum"); and
WHEREAS, the Planning Commission held a public hearing on said application on February 24,
2009; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report dated February 24, 2009 was submitted recommending that the
Planning Commission approve the application for a Conditional Use Permit to operate the Springfield
Montessori School; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgmcrit to make a decision.
NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby
find that:
A. The proposed Montessori School is compatible with other land uses, transportation and
service facilities in the vicinity because: 1) the proposed daycare facility is a Public/Semi-
Public use located on a site which is adjacent to laid designated for Public/Semi-Public
uses; 2) the daycare facility will be located adjacent to an existing middle school; 3) the
proposed facility will provide a service to the residents of Dublin as well as employees
within the City; and 4) a daycare facility is a conditional use in the Stage 1 Planned
Development for Dublin Ranch Area F, in which this Project is located.
B. The proposed Montessori School 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: 1) the proposed facility will comply with all City of Dublin regulations; and 2) as
conditioned, the property owner and operator(s) of the facility will be required to minimize
noise and nuisances to the adjacent properties.
C. It will not be injurious to property or improvements in the neighborhood because: 1) the
facility will comply with all City of Dublin regulations; 2) Conditions of Approval have
been placed on the Project to limit the hours of operation of the daycare; and 3) the Site has
been designated for Public/Semi-Public uses in the City's General Plan and in the Eastern
Dublin Specific Plan.
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 Site has been designed to
accommodate a daycare facility; 2) access to the Site will be taken off of Brannigan Street,
a fully improved road; and 3) sidewalks have also be(;n constructed to allow for pedestrian
access.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed because: 1) the daycare will be located on a site
designed to accommodate this type of facility; 2) as conditioned, the facility will have no
more than 180 children on-site at a time; 3) as conditioned, the facility will operate
between the hours of 7 a.m. to 6 p.m., Monday through Friday; and 4) the facility is located
next to land designated for Public/Semi-Public uses and adjacent to a middle school as well
as Residential uses.
F. It will not be contrary to the specific intent clauses, development regulations or
performance standards established for the zoning district in which it is located because: 1)
the proposed use is a Conditional Use in the Plamied Development Zoning District in
which it is located and is a permitted use when the required findings as stated in Section
8.100.060 of the Dublin Zoning Ordinance can be made; and 2) the General Plan and
Eastern Dublin Specific Plan have designated this site for Public/Semi-Public uses and a
daycare facility is considered to be a Public/Semi-Pub lic use.
G. It is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan
because: 1) the proposed use is permitted with a Conditional Use Permit and meets the
intentions of the Planned Development Zoning District in which it is located; 2) the Site
will provide a needed service to the residents and employees in Dublin; and 3) the use of
this Site is consistent with the General Plan and Eastern Dublin Specific Plan land use
designation of Public/Semi-Public.
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BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve PA 08-038,
Springfield Montessori School, Conditional Use Permit, to allow the operation of a daycare subject to the
following Conditions of Approval:
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 review and approval by the City of
Dublin. The following codes represent those departments/agencies responsible for monitoring compliance
of the conditions of approval: [PL.] Planning, [B] Building, [PO] Police, [DSR] Dublin San Ramon
Services District and [F] Alameda County Fire Department.
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
PLANNI NG CONDITIONS
1. Approval. This Conditional Use Permit approval for PL Ongoing Standard
PA 08-038 is to allow a daycare (Springfield
Montessori School). This approval shall generally
conform to the Project Plans and Statements stamped
approved, and received by the Planning Department
on January 23, 2009.
2. Permit Expiration and Time Extension. Approved PL One year DMC
use shall commence or demonstrate substantial from date of 8.96.020.
progress toward commencement within one (1) year of approval D and E
CUP approval. Otherwise, the CUP shall lapse and
become null and void, in which case a new application
must be made and processed. The original approving
decision-maker may grant a time extension for a
period no longer than six (6) months provided that the
Applicant submits a written request for an extension
of approval prior to expiration and that any Conditions
of Approval remain adequate to assure that applicable
findings of approval will continue to be met. Disputes
over permit expiration and time extension requests
may be publicly noticed and heard before the City
Council.
3. Approval Period. This Conditional Use Permit PL On-going Planning
approval shall be null and void in the event the
construction does not commence within one year or
the approved use fails to be established within one
year, or ceases to operate for a continuous one-year
period.
4. Effective Date. This Conditional Use Permit approval PL Approval of Planning
is contingent upon the approval of the related Stage 2 Stage 2 and
Planned Development Rezoning and Site Site
Develop ment Review. If the Stage 2 Planned Development
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NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
Development Rezoning and Site Development Review Review
are not approved this Conditional Use Permit approval
shall become null and void.
5. Annual Review. On an annual basis, this Conditional PL, PO On-going Planning
Use Permit approval may be subject to a review by the
Planning Manager to determine compliance with the
Conditions of Approval.
6. Revocation. This Permit shall be revocable for cause PL On-going DMC
in accordance with Dublin Zoning Ordinance Section 8.96.020.1
8.96.020.1, Revocation. Any violation of the terms of
the terms and conditions of this Permit may be subject
to the issuance of a citation.
7. Minor Amendments. Modifications or changes to PL On-Going DMC
this Conditional Use Permit approval may be 8.100.080
considered and approved by the Community
Development Director, if the modifications or changes
proposed comply with Section 8.100.080, of the
Zoning Ordinance.
8. Site Development Review. The Applicant and/or PL On-going DMC 5.64
Property Owner shall also comply with all Conditions
of Approval associated with the Site Development
review (PA 08-038) for the building and related
improve nts.
9. Licensing. The Applicant and all future owners of the PL On-going Planning
daycare shall be licensed and comply with all State of
California Community Care Licensing (CCL)
requirements.
10. Noise/Nuisance. The Applicant shall control all PL On-going DMC
activities and noise in the parking lot and playground 5.28.020
so as not to create a nuisance to the surrounding
residential development. No loudspeakers or amplified
music shall be laced outside the building.
11. Enrollment. The daycare shall have a maximum PL On-going Planning
enrollment of 180 children.
12. Playground. The maximum number of children that
can be located outside in the playground area shall be
no more than 24 children at any time.
13. Hours of Operation. Hours of operation for the PL On-going Planning
daycare shall be 7:00 a.m. through 6:00 p.m., Monday
through riday.
14. Compliance. Failure to comply with these Conditions PL On-going Chapter
may result in enforcement by the Community 8.144 of
Development Department in accordance with Chapter the Dublin
8.144 of the Dublin Zoning Ordinance. Zoning
Ordinance
PASSED, APPROVED AND ADOPTED this 24th day of February 2009 by the following vote:
AYES: Wehrenberg, King, Brown, Swalwell
NOES:
ABSENT: Schaub
ABSTAIN:
ATTEST:
Planni g Mdiager
1
Planning Comm fission C
G: IPAM20081PA 08-038 Springfield Montessori SchooACUP draft COAs.doc