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Home My WebLink About8.2 Attmt 2 Reso Recommd CC Adopt OrdinanceRESOLUTION NO. 09-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A PD PLANNED DEVELOPMENT REZONE AND APPROVE A STAGE 2 DEVELOPMENT PLAN FOR THE SPRINGFIELD MONTESSORI SCHOOL LOCATED AT THE CORNER OF KOHNEN WAY AND BRANNIGAN STREET IN AREA F OF DUBLIN RANCH (APN 985-0052-022 AND 985-0052.023) PA 08-038 WHEREAS, the Applicant, VSS Holdings LLC, submitted applications for a 2.57-acre project area located within the Eastern Dublin Specific Plan Area. The apalications include approval of a PD Rezone with a Stage 2 Development Plan. The proposed project includes a building, playground and related site improvements, collectively referred to as the "Project"; and WHEREAS, the Project is located in a.portion of Dublin Ranch Planning Area F at the corner of Kohen Way and Brannigan Street, and the property is currently vacant; and WHEREAS, on April, 2004, the City Council approved a PD Rezone and related Stage 1 Development Plan for Dublin Ranch Area F, Ordinance 12-04, incorporated herein by reference; and WHEREAS, the Applicant has submitted a complete application which is available and on file in the Planning Division for a Stage 2 Development Plan for the Project and WHEREAS, the California Environmental Quality Act, City and State Guidelines require projects to be reviewed to determine their impacts on the environment; and WHEREAS, the City has prepared an Addendum to the Eastcrn Dublin EIR for the Project; and WHEREAS, on February 24, 2009, the Planning Commission adopted Resolution 09-XX recommending that the City Council adopt an Addendum to the Eastern Dublin EIR, which Resolution is incorporated herein by reference; and WHEREAS, a Staff Report dated February 24, 2009 and incorporated herein by reference, described and analyzed the Project. including the PD Rezone wits related Stage 2 Development Plan actions; and WHEREAS, the Planning Commission reviewed the Staff Report and the Addendum at a duly noticed Public Hearing held on February 24, 2009 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on the findings in the attached draft Ordinance, recommends that the City Council approve the Ordinance attached as ATTACHMENT 2 Exhibit A and incorporated herein by reference, which ordinance approves a PD Rezone and adoption of a Stage 2 Development Plan for the Springfield Montessori School project (PA 08-038). PASSED, APPROVED, AND ADOPTED this 24'h day of February 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G: IPA#120081PA 08-038 Springfield Montessori SchoollPHIPC Reso PD.DOC 2 ORDINANCE NO. XX-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PD PLANNED DEVELOPMENT REZONE AND ADOPT A STAGE 2 DEVELOPMENT PLAN FOR THE SPRINGFIELD MONTESSORI SCHOOL LOCATED AT THE CORNER OF KOHNEN WAY AND BRANNIGAN STREET IN AREA F OF DUBLIN RANCH (APN 985-0052-022 AND 985-0052-023) PA 08-038 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. By Ordinance No. 12-04 the City Council rezoned the approximately 2.57-acre within Dublin Ranch Area F to the Planned Development Zoning District (PA 01-037) and adopted a Stage 1 Development Plan for the site (APN 985-0052-022 and 985-0052-02:3). B. This Ordinance adopts a Stage 2 Development Plan and rezones the property to the PD Planned Development Zoning District for a portion of Dublin Ranch Area F for the Project known as the Springfield Montessori School. Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: The Springfield Montessori Planned Development Zoning, including a Stage 2 Development Plan, meets the purpose and intent of Chapter 8.32 because: it provides a comprehensive development plan that is tailored to the Public/Semi-Public land use proposed on the Project Site and creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design, which is adjacent to a middle schocI and single-family residential. 2. The 1'D rezoning with Stage 2 Development Plan for Springfield Montessori will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the land uses and site plan establish a Pub is/Semi-Public development; 2) the proposed project is consistent with the Public/Semi-Publi3 use envisioned in the General Plan, Eastern Dublin Specific Plan and the Stage 1 Development Plan; 3) the Project Site has been designed to reduce impacts on the adjacent residential uses and to be compatible with the residential developments. and school in the vicinity; 4) the Project Site includes attractive landscaping and site elements including landscaping, stre:t trees and light fixtures to create an attractive landscape palette for the Site, and will be consistent with the landscaping and site elements in Dublin Ranch; and 5) the Project has been attractively designed and is compatible with the neighborhood in which it is located. B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows: Page I of 6 EXHIBIT A TO ATTACHMENT 2 The PD rezoning with Stage 2 Development Plan for Springfield Montessori will be harmonious and compatible with existing and potential (!evelopment in the surrounding area in that: 1) the land uses and site plan establish a Public/Semi-Public project; 2) the proposed Project is consistent with the Public/Semi-Public use en-visioned in the General Plan, Eastern Dublin Specific Plan and the Stage 1 Development Plan; 3) the Project Site has been designed to reduce impacts on the adjacent residential development and to be compatible with the residential and school uses in the vicinity; 4) the Project Site includes attractive landscaping and site elements including landscaping, street trees and light fixtures to create an attractive landscape palette for the Site; and 5) the Project ha: been attractively designed and is compatible with the neighborhood in which it is located. 2. The Project site is physically suitable for the type and "ntensity of the zoning district being proposed because: 1) the Project Site will have a floor area ratio of .14 which is less than the maximum floor area ratio of .50 allowed by the Eastern Dublin Specific Plan; 2) the proposed Project will include a daycare which is consistent with the General Plan land use designation of Public/Semi-Public; 3) the Site is accessible by Brann.gan Street, an existing street; and 4) the Site is near residential uses and a school, and is ther,;fore physically suitable for the type and intensity of the proposed Planned Development Zoning district. 3. The PD rezone with Stage 2 Development Plan 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: the Project will comply with all applicable development regulations and standards and will implement all applicable mitigation mcasures in the Eastern Dublin EIR and the 2000 Mitigated Negative Declaration for Dublin Ranch Area F. 4. The PD rezone with Stage 2 Development Plan is consistent with the Dublin General Plan and Eastern Dublin Specific Plan because: 1) the proposed daycare building and playground is consistent with the General Plan and Eastern Dublin Specific Plan land use designation of Public/Semi-Public; 2) the proposed Project is consistent with the City's goal of developing public facilities within the City to meet the needs of the residents; and 3) the Springfield Montessori School includes an attractive development with a new building and landscaping which will promote visual interest of the Site from the adjacent properties and the street and will promote a pedestrian friendly environment once the Project is complete. C. Pursuant to the California Environmental Quality Act (CEQA), the City Council adopted Resolution No. 34-00 adopting the Mitigated Negative Declaration for Dublin Ranch Planning Area F (SCH 1999112040) on February 15, 2000 and the 20C4 CEQA Addendum for Areas B/E/F adopted by Dublin City Council Resolution 43-04 on March 16, 2004. The prior environmental documents are available for review in the Community Development Department. On , the City Council approved a Resolution adopting a CEQA Addendum for the Project, which resolution is incorporated herein by reference. Section 3. ZONING MAP AMENDMENT. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to rezone the following property ("the Property") to a PD-Planned Development district: 2.57+ net acres within Parcel 2 of Parcel Map 9451 (APN 985-0052-022) and 0.418+ net acres within Parcel 3 of Parcel Map 9451 (APN 985-0052-023) for PA 08-038. Page 2 of 6 A map of the rezoning area is showy below: Section 4. STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and mainte-iance of the subject property are set forth in the following Stage 2 Development Plan, which is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code. 1. Statement of compatibility with Stage 1 Development Plan. The Stage 2 Development Plan is compatible with the Stage 1 Development Plan (PA 01-037) for the property in that the Project is a Public/Semi-Public facility as planned for in the Stage 1 Development Plan. 2. Statement of uses. PD-Public/Semi-Public Page 3 of 6 Intent. Public/Semi-Public land use designations are establishel to provide Quasi-Public uses, such as daycare centers, private schools, theaters and other similar uses which benefit the community. Permitted Uses Public, Semi-Public and Institutional uses as allowed by the Gencral Plan and Eastern Dublin Specific Plan, including but not limited to: Library Post Office Fire Station Police Station Religious Facility Community Center Other governmental and quasi-governmental offices as determined by the Community Development Director Similar and related uses as determined by the Community De ielopment Director Conditional Uses School (private) Daycare center Similar and related uses as determined by the Community De'ielopment Director Temporary U.res Please refer to Zoning Ordinance Chapter 8.108 for a list of permitted temporary uses and permit procedures. 3. Stage 2 Site Man. Page 4 of 6 4. Site area, proposed densities. Proposed Stage 2 PD Land Use Plan Land Use Designation Net Acres Maximum FAR Public/Semi-Public 2.57 .50 TOTAL 2.57 .50 5. Development Regulations. Minimum Setbacks Building to West Property Line 100' Building to North Property Line 15' Building to Public Street Right-of-Way 40' Maximum Floor Area Ratio .50 Maximum Building Height 30' and 2 stori.-s Parking Spaces Required Per Zoning Or linance 6. Architectural Standards. All improvements in this Zoning District shall be well designed and shall compliment the character and design of the surrounding neighborhood. All improvements and future improvements shall be complement the design of the existing building and shall enhance the site and be harmonious with high standards of improvements in the surrounding area. Future improvements shall be consistent with the purpose of Chapter 8.104, Site Development Review, in the Zoning Ordinance. All unsightly uses shall be screened from view. All equipment including HVAC units, conduits, piping, fire risers and trash containers shall be completely screened from view. 7. Preliminary Landscaping Plan. wfi MINgY RANTI. dr 'I 7 I'? ?N n r?wv cara?? vn Iola i ?1 it f? \i1 1 ' A C o arrmw. Mwa M aca 4 Y I 1 QEHQZK NDIES: I .??- ? .. . UHWCJJE CEflHRpN MEA9:w? ••,YO4••a R; -('?V -S1,Me _ ? I j I 1 -- ? - -. as I ?^f ? uwmcrsE Cao?_vr uerc^ I',?? t ?! ? w 1 I ?. --. .o.....a ?. i a? w?at swan ?reEFw, suiscE worm Page 5 of 6 _ULAN ' PRELIMINARfW@etqW Section 5. The use, development, improvement, and maintenance of the Project area shall be governed by the provisions of the R-M, Multi-Family Residential Zoning District and of the Dublin Zoning Ordinance except as otherwi3e provided in the Stage 2 Development Plan. Section 6. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Ccuncil of the City of Dublin, on this day of by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G: IPA#120081PA 08-038 Springfield Montessori SchoellPIPCC Ordinance PD.DOC 1197996.1 Page 6 of 6