HomeMy WebLinkAboutReso 138-98 Affirm PlCm Montess RESOLUTION NO. 138 - 98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
AFFIRMING THE ACTION OF THE PLANNING COMMISSION REGARDING
PA 98-030 MONTESSORI PLUS NEGATIVE DECLARATION AND
CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A MONTESSORI SCHOOL
WITHIN A 4,732 SQUARE FOOT TENANT SPACE
LOCATED AT 7234-40 SAN RAMON ROAD, STROUDS PLAZA.
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
WHEREAS, 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
WItEREAS, a Negative Declaration has been prepared for this project and is on file in the Dublin
Planning Department; and
WHEREAS the Planning Commission held a'properly noticed public hearing on said application on
July 14 and 28, 1998 and did adopt Resolution No. 98-31 approving PA 98-030 Montessori Plus Conditional
Use Permit; and
WItEREAS, Councilmember Barnes has appealed the decision of the Planning Commission to the
City Council; 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 City Council make a
determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; 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 TIlE Dublin City Council does hereby find that:
A. The Negative Declaration is adequate and in compliance with State law; and
The proposed operation of a Montessori school within Strouds Plaza an existing retail commercial
center is compatible with other land uses, transportation and service facilities in the vicinity because
the proposed use will provide day care and education for the children of workers in the surrounding
commercial area.
The proposed use will not adversely affect the health or safety of persons residing or working in the
vicinity, and will not be detrimental to the public health, safety and welfare because the impacts of the ~*~
project to traffic and noise are less than significant. '~
Do
The use will not be injurious to property or improvements in the neighborhood because the Applicant
has agreed to mitigate off-site traffic and circulation impacts by the voluntary payment of $4,733 or a
lesser amount as determined by the Director of Public Works for street improvements.
Eo
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.
Fo
The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed because the vehicular trips this school will generate will occur befOre and
after peak retail and service hours.
Go
The Montessori school is not contrary to the specific intent clauses, development regulations, and
performance standards established for the C- 1 zoning district because the conditions of approval are
required to insure that the use, which will be supportive of surrounding retail uses through the
provision of day care and education of workers in the surrounding commercial areas, is compatible
with those uses.
The proposed use is consistent with the Dublin General Plan subject to conditional use permit
approval.
BE IT FURTItER RESOLVED THAT TIlE Dublin City Council does hereby affirm the July 28,
1998, decision of the Planning Commission, Resolution No. 98-31 regarding PA 98-030 Montessori Plus
Conditional Use Permit.
AYES:
NOES:
'ABSENT:
ABSTAIN:
ATTEST:
PASSED, APPROVED AND ADOPTED this 1 st day of September, 1998.
Councilrnembers Burton and Lockhart
Councilmember Howard and Mayor. Houston
None
Councilmember Barnes
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