HomeMy WebLinkAboutPC Reso 12-31 Dublin Preschool CUP/SDR DENIED RESOLUTION NO. 12-31
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW PERMIT
FOR THE CONSTRUCTION AND OPERATION OF A DAY CARE CENTER AT
7250 AMADOR VALLEY BLVD (APN 941-0210-035)
PLPA-2011-00055 & 00056
WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the
operation of a Day Care Center for up to 60 children and Site Development Review for the
construction of a 3,284 square foot building with a 2,400 square foot outdoor play area along
with 17 parking spaces, landscaping and associated site improvements; and
WHEREAS, the Project is located in the D-D (Downtown Dublin) Zoning District; and
WHEREAS, a Day Care Center is permitted in the D-D Zoning District subject to
approval of a Conditional Use Permit by the Planning Commission; and
WHEREAS, in accordance with Sections 8.30.040 and 8.104.040.C.4 of the Dublin
Municipal Code, all development in the D-D Zoning District and all new principal structures are
subject to Site Development Review and shall be reviewed by the Planning Commission; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations required that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to Section 15270(b) of the CEQA, CEQA does not apply to projects
which a public agency rejects or disapproves; and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Conditional Use Permit and Site Development Review request;
and
WHEREAS, the Planning Commission held a public hearing on said application on
August 14, 2012 at which time all interested parties had the opportunity to be heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission
does hereby make the following findings and determinations regarding the Conditional Use
Permit:
A. The proposed use and related structures are not compatible with other land uses,
transportation and service facilities in the vicinity in that: 1) the Project is not compatible
with the adjacent retail center and will result in the removal of 10 existing parking spaces
currently being utilized by the retail center; 2) the Project will create additional congestion
on the adjacent retail center parcel; 3) the Project will create additional traffic impacts in
an area that is already impacted by three other schools (Dublin High School, Wells
Middle School and Valley High School).
B. The Project will adversely affect the health or safety of persons residing or working in the
vicinity, and be detrimental to the public health, safety and welfare in that: 1) the Project
will expose children to poor air quality by locating the outdoor play area in close proximity
to a parking lot and two major streets (Village Parkway and Amador Valley Boulevard).
C. The subject site is not physically suitable for the type, density and intensity of the use and
related structures being proposed in that: 1) the Project will generate additional traffic that
will result in congestion on the adjacent retail center parcel and the parking lot
configuration includes a dead-end which will further contribute to congestion; and 2) the
Project will create additional traffic impacts in an area that is already impacted by three
other schools (Dublin High School, Wells Middle School and Valley High School).
D. The Project will be contrary to the specific intent clauses, development regulations, and
performance standards established for the zoning district in which it is located in that: 1)
the Project does not provide adequate pedestrian connections to Amador Valley
Boulevard.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
make the following findings and determinations regarding the Site Development Review:
A. The Project is not consistent with the purposes of Chapter 8.104, with the General Plan
and with any applicable Specific Plans and design guidelines in that: 1) the Project will
not provide adequate on-site circulation for automobiles; and 2) the Project does not
provide adequate pedestrian connections to Amador Valley Boulevard.
B. The subject site is not physically suitable for the type and intensity of the approved
development in that: 1) the Project will generate additional traffic that will result in
congestion on the adjacent retail center parcel and the parking lot configuration includes
a dead-end which will further contribute to congestion; and 2) the Project will create
additional traffic impacts in an area that is already impacted by three other schools
(Dublin High School, Wells Middle School and Valley High School).
C. Architectural considerations including site layout do not result in a project that is
harmonious with its surroundings and compatible with other development in the vicinity in
that: 1) the Project is not compatible with the adjacent retail center and will result in the
removal of 10 existing parking spaces currently being utilized by the retail center; 2) the
Project will create additional congestion on the adjacent retail center parcel; 3) the
Project will create additional traffic impacts in an area that is already impacted by three
other schools (Dublin High School, Wells Middle School and Valley High School); and 4)
the Project will not provide adequate on-site circulation for automobiles because it
includes a dead-end which will contribute to on-site congestion.
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D. The site has been adequately designed to ensure proper circulation for bicyclists,
pedestrians and automobiles in that: 1) the Project will not provide adequate on-site
circulation for automobiles because it will generate additional traffic that will result in
congestion on the adjacent retail center parcel and the parking lot configuration includes
a dead-end which will further contribute to congestion.
BE IT FURTHER RESOLVED that the Planning Commission does hereby deny the
request for a Conditional Use Permit and Site Development Review for the construction and
operation of a Day Care Center as shown on the project plans, date stamped received by
Dublin Planning on June 21, 2012, and incorporated by reference.
PASSED, APPROVED AND ADOPTED this 14th day of August 2012 by the following vote:
AYES: Wehrenberg, Schaub, Brown
NOES: Bhuthimethee
ABSENT: O'Keefe
ABSTAIN:
(Th 1111‘
Planning Commission Chair
ATTEST:
Assistant C munity Development Director
G:1PA#120111PLPA-2011-00055 Dublin Preschool SDRIPC 08.14.12108.14.12 PC Reso Denial.docx
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