HomeMy WebLinkAboutPCReso 99-25 PA99-014 Munchkin DENIED CUPRESOLUTION NO. 99 - 25
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING PA 99-014 MUNCHKIN-CARE DAY CARE CENTER CONDITIONAL USE
PERMIT REQUEST IN A PD (PLANNED DEVELOPMENT), SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT AT 11586 ALEGRE DRIVE
WHEREAS, Jay and Sushma Krishna submitted an application requesting approval of a
Conditional Use Permit for the operation of a Day Care Center, for a maximum of 30 children, as the
primary use within an existing single-family residence in a PD (Planned Development), Single Family
Residential Zoning District, located at 11586 Alegre Drive; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and a Negative Declaration has been adopted (Planning
Commission Resolution No. 99- ) for this project as it will have no significant effect on the
environment; and
WHEREAS, the Planning Commission held a public hearing on said application on June 22,
1999; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, the Staff Report determined that the project would have episodic impacts to traffic
and parking that would not be acceptable; and
WHEREAS, the Staff Report was submitted recommending that the application for a Day Care
Center for 30 children be denied; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used their independent judgment to evaluate the project.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Plarming Commission does
hereby find that:
A. The proposed operation of the day care center is not compatible with other land uses,
transportation and service facilities in the vicinity because episodic impacts to traffic and parking
would have negative impacts on the neighborhood.
B. The use due to episodic impact to traffic and parking will adversely affect the health or
safety of persons residing or working in the vicinity, or be detrimental to the public health, safety
and welfare.
C. The use will be injurious to property or improvements in the neighborhood because of
episodic impacts to traffic and parking.
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.
E. Insufficient parking would be available to the staff and parents with only three parking
spaces in the driveway.
F. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed.
G. The Munchkin-Care Day Care Center is contrary to the specific intent clauses,
development regulations, or performance standards established for the zoning district in which it
is located because of episodic impacts to traffic and parking.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Conunission does hereby Deny
PA 99-014 Munchkin-Care Day Care Center Conditional Use Permit application as generally depicted
by materials labeled Exhibit A on file with the Dublin Planning Department.
PASSED, APPROVED AND ADOPTED this 22nd day of June, 1999.
AYES:
Cm. Jennings, Johnson, Hughes, and Musser
NOES:
ABSENT: Oravetz
161hnhin~ Commission/Chairperson g
Director of Communit~'Deve~opment
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