HomeMy WebLinkAboutReso 137-97 Revers PC TuranCareRESOLUTION NO. 137 - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REVERSING THE ACTION OF THE PLANNING COMMISSION REGARDING
PA97-023 TURAN RESIDENTIAL CARE FACILITY NEGATIVE DECLARATION
AND CONDITIONAL USE PERMIT TO ALLOW A MAXIMUM OF
12 ELDERLY RESIDENTS AT 8521 VALENCIA STREET
WHEREAS, Sandor and Anna Turan have submitted an application requesting approval of a
Conditional Use Permit for the operation ora residential care facility, for a maximum of 12 elderly
persons as the primary use within an existing single-family residence in an R-l, Single Family Residential
Combining District, located at 8521 Valencia Street; and
Wl~EREAS, a Negative Declaration has been prepared for the project pursuant to the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Dublin Environmental
Guidelines. The Initial Study evaluated issues relating to noise, parking, land use and traffic, among
others. It was determined that the proposed project will not have a si,%mificant effect on the environment;
and
WI~EREAS, the Planning Commission held a public hearing on said application and Negative
Declaration on October 14, 1997;
WHEREAS, the Planning Commission, at the conclusion of a duly noticed public hearing
approved the Negative Declaration and Conditional Use Permit by adopting Resolutions 97-19 and 97-
20; and
WHEREAS, Mr. Rick Hanson of San Ramon, 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 StaffReport was submitted recommending that the City Council make a
determination on the appeal 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 evaluate the project.
NOW, TItEREFORE, BE IT RESOLVED TItAT ~ Dublin City Council does hereby find
that:
The Negative Declaration is adequate and in compliance with State law; and
The proposed use is required by the public need because of the need for residential care facilities
for the elderly.
Do
go
Fo
Ho
The approval of the application is consistent with the intent/purpose of Section 8-94.0
Conditional Uses.
The proposed use would not be appropriate in this location because it would be in the center of a
busy residential area that is already congested with traffic and parking. The proposed use would
generate too much traffic and cause parking problems in an area where problems already exist.
The proposed use would adversely affect the health of safety of persons residing or working the
vicinity, and be materially detrimental to the public welfare or injurious to property or
improvements in the neighborhood because of the increased traffic and parking problems that
would be caused by the use.
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.
The proposed use would not be in the best interests of the public health, safety and general
welfare for the reasons indicated under items D and E, above.
The appeal of the action of the Planning Commission was in accordance with the appeal
provisions of Chapter 8.136 of the City of Dublin Zoning Ordinance.
BE IT FURTHER RESOLVED THAT THE Dublin City Council based on the findings
indicated above, does hereby reverse the October 14, 1997, decisions of the Planning Commission,
Resolutions No. 97-19 and 97-20.
PASSED, APPROVED AND ADOPTED this 18th day of November, 1997.
AYES:
Councilrnembers Burton, Lockhart and Mayor Houston
NOES:
Councilmembers Barnes and Howard
ABSENT: None
ABSTAIN: None
4~May~
G-:~A97-023\ccres2
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