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HomeMy WebLinkAboutReso 137-98 BarnesAppeal/Montes RESOLUTION NO. 137 - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DETERMINATION THAT COUNCILMEMBER BARNES IS A PERSON WHO MAY APPEAL THE PLANNING COMMISSION DECISION REGARDING PA 98-030 MONTESSORI PLUS CONDITIONAL USE PERMIT UNDER SECTION 8.136.040 (B) OF THE DUBLIN ZONING ORDINANCE WHEREAS, the Applicant Rupa Narain, of Montessori Plus has requested approval of a Conditional Use Permit to establish a Montessori school within a 4,732 square foot tenant space located at 7234-40 San Ramon Road, Strouds Plaza, in a PD Planned Development Zoning District with C-1 Retail Commercial Base Zoning District; and Wl~F~REAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and · WHE~REAS, a Negative Declaration has been prepared for this project and is on file in the Dublin Planning Department; and WHEREAS, the Staff Report was submitted recommending that the application be denied; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on July 14 and 28, 1998; and did adopt a Resolution No. 98-31 approving PA 98-030 Montessori Plus Conditional use Permit; and WHEREAS, the City received a timely and complete written appeal on the Planning Commission decision from Councilmember Barnes; and WHEREAS, Section 8.136.040 (B) of the Dublin Zoning Ordinance states that a Planning Commission decision on a Conditional Use Permit application "may be appealed by anyone who, in person or through a representative explicitly identified as such, appeaired at a public hearing in connection with the decision being appealed, or who otherwise informed the City in writing of the nature of his/her concerns before the heating"; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does find that: At the Planning Commission hearing, staff expressed concerns with the Conditional Use Permit application, and recommended against approval. The City received a timely and complete written appeal on the Planning Commission decision from Councilmember Barnes. Co For purposes of appeals of Planning Commission actions, City staff who testify at Planning Commission meetings or prepare written materials for consideration by the Planning Commission are "representatives explicitly" identified as representatives of members of the City Council. BE IT FURTItER RESOLVED TItAT TItE Dublin City Council does hereby determine that Councilmember Barnes is a person who may appeal the Planning Commission decision regarding PA 98-030 Montessori Plus Conditional Use Permit under Section 8.136.040 (B) of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 1st day of September, 1998. AYES: CoUncilmembers Burton, Howard, Lockhcwt and Mayor Houston NOES: None ABSENT: None ABSTAIN: Councilmember Barnes ~i~Clerk ~ K2/G/9-J-98/reso-vb 1.doc G:\pa98030\barnres I 2