HomeMy WebLinkAboutPC Reso 09-08 Recommd CC Adopt DevAgrmt Springfield Montessori Schl PA08-038RESOLUTION NO. 09-08
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE. CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT
FOR 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, VSS Holdings LLC. has requested approval of a Development Agreement for a
16,002 square-foot daycare building, playground and related improvements (the "Project"), which is
located within a portion of Area F of Dublin Ranch, at the corner of Kohnen Way and Brannigan Street;
and
WHEREAS, the Eastern Dublin Specific Plan requires developers to enter into Development
Agreements as a Condition of development; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), Stair has
recommended that the Planning Commission adopt an Addendum to the Eastern Dublin Environmental
Impact Report (EIR) which requires a minor technical change to the EIR, but does not require a
subsequent EIR pursuant to Section 15164 of the CEQA Guidelines. The Project is within the scope of
the Final EIR for Eastern Dublin (SCH 91103064), which was certified by City Council Resolution No.
53-93 on May 10, 1993 and the Addenda dated May 4, 1993 and August 22, 1994. The Project is also
consistent with the Mitigated Negative Declaration for Dublin Ranch Planning Area F (SCH
1999112040) adopted by Dublin City Council Resolution No. 34-00 on February 15, 2000 and the 2004
CEQA Addendum for Areas B/E/F adopted by Dublin City Council Resolution 43-04 on March 16, 2004.
This Staff recommendation is based on a determination that there are no supplemental impacts that would
require preparation of a Supplemental EIR; and
WHEREAS, the Development Agreement is attached to this Resolution as Exhibit A; and
WHEREAS, the Planning Commission did hold a public hearing on the Project 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 was submitted recommending that the Planning Commission
recommend that the City Council approve the Development Agreement; and
WHEREAS, the Planning Commission did hear and use its independent judgment and considered
all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE BE IT RESOLVED that the Dublin Planning Commission does hereby
make the following findings and determinations regarding said proposed Development Agreement:
1. Said Development Agreement is consistent with the objectives, policies, general land uses
and programs specified in the Eastern Dublin Specific Plan/General Plan in that: a) the
Eastern Dublin Specific Plan/General Plan land use designation for the subject site is
Public/Semi-Public and that the proposed daycare is consistent with the designation; b) the
Project is consistent with the fiscal policies in relation to provision of infrastructure and
public services of the City's Eastern Dublin Specific Plan/General Plan; and c) the
Development Agreement sets forth the rules to which the Developer and City will be
subject during the development process, as required by the Eastern Dublin Specific Plan
and the Mitigation Monitoring Program of the Eastern Dublin Specific Plan.
2. Said Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for, the land use district in which the real property is located in that
the Project approvals include a Stage 2 Planned Development Rezone, Site Development
Review and Conditional Use Permit.
3. Said Development Agreement is in conformity with public convenience, general welfare,
and good land use practice in that the development, as proposed, will implement land use
guidelines set forth in the Eastern Dublin Specific Plan/General Plan.
4. Said Development Agreement will not be detrimental to the health, safety and general
welfare in that the development will proceed in accordance with the Agreement and any
Conditions of Approval for the Project.
5. Said Development Agreement will not adversely affect the orderly development of the
property or the preservation of property values in that the development will be consistent
with the City of Dublin Eastern Dublin Specific Plan/General Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Dublin Planning Commission
does hereby recommend that the City Council approve the Development Agreement, attached hereto and
incorporated herein as Exhibit A, between the City of Dublin and VS )S Holdings LLC.
PASSED, APPROVED AND ADOPTED this 24U' day of February 2009 by the following vote:
AYES: Wehrenberg, King, Brown, Swalwell
NOES:
ABSENT: Schaub
ABSTAIN:
ATTEST:
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GAPAM2008WA 08-038 Springfield Montessori SchoolkPWC Reso DA.DOC
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