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HomeMy WebLinkAbout8.1 Attch 1 PC Reso CUP RESOLUTION NO. 10-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO AMEND THE STAGE 1/STAGE 2 DEVELOPMENT PLAN FOR THE VALLEY CHRISTIAN CENTER TO ALLOW A TEMPORARY MODULAR BUILDING LOCATED AT 7500 INSPIRATION DRIVE PLPA 2010-00009 WHEREAS, the Applicant, the Valley Christian Center, has requested approval of a Conditional Use Permit to make a minor amendment to the adopted Stage 1/Stage 2 Development Plan for the Valley Christian Center (PA 00-017) to allow a temporary modular building to provide additional classroom space; and WHEREAS, the request is for a minor improvement which is temporary in nature and will be used to support the existing school, the improvement will not result in an increase in the number of students at the school beyond what is allowed in the Master Plan and the improvements are similar in nature to other temporary facilities which have been permitted on the property and therefore constitutes a minor amendment to the adopted Stage 2 Development Plan; and WHEREAS, the Stage1/Stage 2 Planned Development Rezone, including the Development Plan, was adopted by the Council on June 3, 2003 (Ordinance No. 7-03); and WHEREAS, Section 8.32.080 of the Dublin Zoning Ordinance allows the Planning Commission, by means of a Conditional Use Permit, to make minor amendments to an adopted Planned Development, upon finding that the amendment substantially complies with, and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinancefor the site; and WHEREAS, the City Council certified an Environmental Impact Report (EIR) by Resolution No. 92-03 pursuant to CEQA for the Valley Christian Center master plan in 2002 (State Clearinghouse Number 2002012070). The master plan project described and analyzed in the 2002 EIR included a sanctuary, school classrooms, administrative buildings and other related facilities and improvements. There are no substantial changes to the project or circumstances and no new information requiring subsequent or supplemental environmental review pursuant to CEQA section 21166. The certified EIR adequately covers the project and no additional review is required because the proposed project allows for the construction of a temporary building to support the school and does not allow for an expansion of the student body beyond what was studied in the EIR. The resolution and certified EIR are incorporated herein by reference and available for review at the Planning Division in the Dublin Civic Center during normal business hours; and Attachment 1 WHEREAS, the Planning Commission did hold a publie hearing on May 25, 2010, for this project; and WHEREAS, proper notice of said public hearing was given in ail respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Conditional Use Permit to allow minor modification to the adopted Development Plan for the Valley Christian Center; and WHEREAS, the Planning Commission did hear and use independent judgment and considered the certified EIR, all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereb make the followin findin s and determinations re ardin the ro osed Y 9 J 9 9 p p Conditional Use Permit: A. Pursuant to Section 8.32.080 of the Dublin Zoning Ordinance, the Planning Commission of the City of Dublin finds as follows: The proposed amendment substantialty complies with and does not materially change the provisions and intent of the adopted Planned Development Zoning District Ordinance for the Valley Christian Center because the proposed amendment will not allow additional development potential on the site. The proposed Conditional Use Permit will allow the Valley Christian Center to located temporary facilities on the site to support the school, prior to the construction of permanent facilities on the site. The proposed temporary facilities will not result in an increase of the maximum student body anticipated in the Master Plan. The proposed temporary facilities are consistent with existing temporary facilities which have been approved for the site to support the school prior to construction of permanent facilities on the site. B. Pursuant to Section 8.100.060 of the Dublin Zoning Ordinance, the Planning Commission of the City of Dublin finds as follows: 1. The proposed amendment substantial/y complies with and does nof materially change the provisions and intent of the adopted Planned Development Zoning District Ordinance for the Valley Christian Center and is compatible with other land uses, transportation and se?vice facilities in the vicinity because: fhe proposed amendment will allow the Applicant to have temporary facilities to support the school until permanent facilities can be constructed. 2. The proposed amendmenf will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to fhe public health, safety and welfare because: the modification will not allow additional development potential, but will allow for a temporary facility to be located on the site. 3. The proposed amendment will not be injurious to property or improvemenfs in the area because: the amendment will allow for the construction of a temporary facility and will not result in an increase in the total allowable floor area or improvements 2 on the site. 4. There are adequate provisions for public access, water, sanitation, and public " utilities and services to ensure fhat the amendment wou/d not be detrimental to the public health, safety, and welfare because: the proposed project will be located next to an improved site which has adequate water, sewer and utilities to support the temporary facilities. 5. The subject site is physically suitable for the proposed modi~cations because: the modular building will be constructed in a vacant area, the building will not be visible from the street, new landscaping will be installed around the building and . the proposed use of the facility is consistent with the overall use of the site as a church and schooL 6. The proposed amendment will not be contrary to development regulations or performance standards for the site because: the site has been designated for development with temporary and permanent facilities related to the church and school uses. 7. The proposed amendmenf is consistent with the Dublin General Plan and the purpose and intent of the Dublin Zoning Ordinance because: the amendment is minor in nature and is only for a temporary facility. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve the Conditional Use Permit for PLPA 2010-00009 to amend the Development Plan for the Valley Christian Center as shown on the amended Stage 1/Stage 2 Development Plan incorporated herein and attached as Exhibit A. PASSED, APPROVED AND ADOPTED this 25t" day of May 2010 by the following vote: AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Manager G:\PA#~2010\PLPA-2010-00009\PC Reso CUP.doc 3