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Home My WebLink AboutReso 067-97 ModifyDubRan-school RESOLUTION NO. 67-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION AND APPROVING PA 97-004 DUBLIN RANCH PHASE I CONDITIONAL USE PERMIT FOR A MINOR MODIFICATION TO THE APPROVED DUBLIN RANCH PLANNED DEVELOPMENT TO RELOCATE THE ELEMENTARY SCHOOL SITE WHEREAS, Ted Fairfield, on behalf of Jennifer Lin, et. al., requests approval of a Conditional Use Permit to modify the District Planned Development Plan/Land Use and Development Plan (LUDP) and Site Plan for the approved Planned Development approved by the City Council by Resolution No. 12-96, which established General Provisions for PA 95-030, Dublin Ranch Planned Development Rezoning; in order to allow the location of a 1 O-acre site for an elementary school to be included within the boundary of the Phase I devel6pment; and WHEREAS, Section 8-31.18 of the City of Dublin Zoning Ordinance states that if, in the opinion of the Planning Commission, a proposed structure, facility or land use not indicated on a Land Use and Development Plan approved by the City Council does not materially change the provisions ofthe approved Land Use and Development Plan; the structure, facility or land use may be permitted subject to securing a Conditional Use 'Permit; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA): An Initial Study was prepared pursuant to the State CEQA Guidelines, and the City of Dublin Environmental Guidelines. The Initial Study resulted in the determination that there are no negative environmental impacts expected from this project which have not been addressed in the previous environmental review conducted with the Eastem Dublin Specific Plan EIR, and therefore a Negative Declaration has been prepared; and WHEREAS, the staff report was submitted recommending the Planning Commission approve the Negative Declaration and the Conditional Use Permit subject to Conditions of Approval prepared by Staff; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and did review and use their independent judgment to consider the Negative Declaration and Conditional Use Permit at a public hearing on said application on May 13, 1997; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission, at the conclusion of a duly noticed public hearing denied said application; and WHEREAS, the Applicant, Ted Fairfield, on behalf of Jennifer Lin, et. al., has appealed the decision of ~-' the Planning Commission to the City Council; and WItEREAS, the application has been reviewed in accordance with the provisions of the Califomia Environmental Quality Act (CEQA) and a Negative Declaration has been prepared for this project as it will have no significant effect on the environment; and WHEREAS, the staff report/agenda statement was submitted recommending the City Council approve the Negative Declaration and the Conditional Use Permit subject to Conditions of Approval prepared by Staff; and WHEREAS, the City Council 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 City Council does hereby find that: A. A Conditional Use Permit allowing a minor modification to the approved Planned Development for Dublin Ranch Phase I to relocate the elementary school site will not have a significant effect on the environment based on review of the Initial Study and public testimony. B. The Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations. C. The Negative Declaration is complete and adequate. A Notice of Determination will be filed · stating that the project will not have a significant effect on the environment NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby adopt the Negative Declaration for PA 97-004, Dublin Ranch Phase I Conditional Use Permit. AND, BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby find that: The proposed project serves the public need by providing an elementary school for the children living in the Dublin Ranch Phase I neighborhood and surrounding community. The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity. The elementary school will be compatible with adjacent uses, in that the Eastem Dublin Specific Plan designates sites for schools within residential areas, and away from major arterials. The school site in this location will provide benefits of convenience, safety, and neighborhood identity. The proposed use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as the school site and/or adjacent streets will be designed to accommodate anticipated traffic circulation, and all applicable regulations will be met. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that conditions have been applied to ensure conformance with the applicable Specific Plan and environmental impact rrdtigation requirements, and because the use is consistent with the character of the surrounding area. o The proposed use will not materially change the provisions of the approved Planned Development Land Use and Development Plan/District Planned Development Plan. o The approval of the Conditional Use Permit will be consistent with the Dublin General Plan, and Eastem Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 97-004 Dublin Ranch Phase I Conditional Use Permit to make minor modifications to the approved PD Rezone adopted for PA 95-030, as generally depicted by "Exhibit A-1 and A- 2", plans consisting of 1) a Site Plan for Phase 1 consisting of 2 sheets prepared by MacKay & Somps dated revised February 12, 1997; and 2) a District Planned Development Plan/Land Use and Development Plan for Phase 1 dated revised February 12, 1997; stamped approved and on file with the Dublin Planning Department, subject to the following conditions: CONI)ITIONS OF APPROVAL: Unless stated otherwise, all Conditions °fApproval shall be complied with prior to the issuance of building permits or establishment of use. and shall be subject to Planning D~artment review and approval. The · following codes ret>resent those departments/agencies responsible for monitoring compliance of the conditions of a~t>roval. FL] Planning, ~] Building, FO_] Police. FW] Public Works. [ADM] Administmtion/Ci .ty Attomey, ~IN] Finance. IF] Do _ugherty Regional Fire Authority. [DSR] Dublin San Ramon Services District, Alameda County [CO]. Alameda County Flood Control & Water Conservation District [Zone 7]. This approval is for a Conditional Use Penrdt to allow a minor modification to the Dublin Ranch Phase I PD as approved by City Council Resolution No. 12-96, approved on January 23, 1996, pertaining to PA 95-030 Dublin Ranch Phase I Planned Development Rezoning, to allow a revision to the project boundary to include the 10 acre elementary school site and a 2-acre open space/creek corridor buffer, and to relocate the site of the elementary school next to the Neighborhood Park, to be closer to the center of the Dublin Ranch Phase I neighborhood and further t~om Fallon Road. City Council Resolution 12-96 approving and establishing findings and general provisions for a Planned Development Rezoning concerning PA 95-030 is revised as follows: "General Provisions", Section C. "General Provisions and Development Standards", subparagraph 1. "Intent", subparagraph a. shall be amended to add the following phrase at the end of the subparagraph: "...with revisions as approved by Conditional Use Permit for PA 97-004, as generally depicted by plans consisting of 1) a Site Plan for Phase 1 prepared by MacKay & Somps dated revised February 12, 1997; and 2) a District Planned Development Plan/Land use and Development Plan for Phase 1 dated revised February 12, 1997 (Exhibits "A- 1" and "A-2"); stamped approved and on file with the Dublin Planning Department." 3 o Except as specifically modified in these conditions, development shall conform to the Conditions of Approval established by: City Council Resolution No. 12-96, approved on January 23, 1996, pertaining to PA 95-030 Dublin Ranch Planned Development Rezoning. [PL] The project developer is reminded of the requirement (as previously specified in approval of the PD Rezone) to mitigate school facilities impacts (see City Council Resolution No. 12-96, Condition #9). The school site should provide adequate on-site vehicle storage area for vehicles dropping off and picking up students. If providing adequate on-site vehicle storage area is not possible, the developer shall mitigate impacts to the public street system by widening the roadway or using other means subject to approval of the City Engineer. [PL, PW] The locations of driveways for the school site shall be subject to approval of the City Engineer. [PW] On an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to compliance with Conditions of Approval. [PL] This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] The applicant shall comply with all applicable action programs and mitigation measures of the Eastern Dublin General Plan Amendment/Specific Plan and companion Final Environmental Impact Report (FEIR), respectively, that have not been made specific conditions of approval of this Conditional Use Permit. [PL] PASSED, APPROVED AND ADOPTED this 3rd day of June, 1997. AYES: Councilmembers Burton, Howard, Lockhart, and Mayor Houston NOES: None ABSENT: ATTEST: Councilmember Barnes Deputy City Clerk - [,.] Mayor' \~DUBLINFS\CM~CC-MTGSE97.QTR2kIUNE-97~6-3 -9ZAPEALRES.DOC 4