HomeMy WebLinkAboutReso 197-11 Montessori Plus Day Care
RESOLUTION NO. 197-11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AFFIRMING PLANNING COMMISSION RESOLUTION 11-25 APPROVING A
CONDITIONAL USE PERMIT AND A RELATED SITE DEVELOPMENT REVIEW PERMIT
FOR THE MONTESSORI PLUS DAY CARE CENTER LOCATED AT 11900 SILVERGATE
DRIVE AND IMPOSING ADDITIONAL CONDITIONS OF APPROVAL
(APN 941-0103-011-01)
PLP A-2011-00013/00014
WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the
operation of a Day Care Center for up to 60 children and a related Site Development Review
for the establishment of an outdoor playground and a refuse enclosure; and
WHEREAS, the Project is located in a C-O (Commercial Office) Zoning District; and
WHEREAS, a Day Care Center is permitted in the C-O Zoning District subject to
approval of a Conditional Use Permit by the Planning Commission; and
WHEREAS, the Project is located in a former single story office building on the
property; and
WHEREAS, in accordance with Section 8.104.070 of the Dublin Zoning Ordinance, when
a Site Development Review is required for a project which is also subject to a Conditional Use
Permit, the Site Development Review shall be reviewed by the same decision-maker as the
Conditional Use Permit; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations required that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, the project is Categorically Exempt from CEQA in accordance with Section
15301 (minor alterations to existing facilities involving little or no expansion) and 15303 (new
construction or conversion of small structures). The project involves no expansion of the
existing commercial building and only minor site enhancements; and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Conditional Use Permit and Site Development Review
requests; and
WHEREAS, the Planning Commission held a public hearing on said application on
September 27, 2011; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
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WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project; and
WHEREAS, the Planning Commission did adopt Resolution 11-25 approving a
Conditional Use Permit and Site Development Review for Montessori Plus; and
WHEREAS, a Letter of Appeal (dated October 6,2011) was submitted within the 10-day
appeal period; and
WHEREAS, a Staff Report was submitted to the City of Dublin City Council
recommending either to affirm Planning Commission Resolution 11-25 approving a Conditional
Use Permit and a related Site Development Review Permit for the Montessori Plus Day Care
Center and imposing additional conditions of approval, or direct the city attorney to prepare
findings for the City Council to adopt affirming the Planning Commission's action in part, with
or without additional conditions of approval, or reversing the Planning Commission's action;
and
WHEREAS, the City Council held a public hearing on said application on November 15,
2011; and
and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
l
WHEREAS, the City Council did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the
project; and
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin City Council does
hereby find that the Project is Categorically Exempt from CEQA in accordance with Section
15301 (Minor alterations to existing facilities involving little or no expansion) and 15303 (new
construction or conversion of small structures).
BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby deny the
appeal and affirms Planning Commission Resolution 11-25 approving a Conditional Use
Permit and a related Site Development Review Permit for the Montessori Plus Day Care
Center and affirms the Findings set forth in the Planning Commission Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of November 2011 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
None
None
None
X-.~'
Mayor
A?l:[ j7~
City Clerk
ResoNo. 197-11, Adopted 11-15-11, Item 6.1 Page 2 of 2