HomeMy WebLinkAboutReso 058-99 SPA Riteaid/KindercRESOLUTION NO. 58 - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING PA 98-038 RITE AID/KINDERCARE
SPECIFIC PLAN AMENDMENT TO AREA 3
(SAN RAMON PROPERTIES) OF THE SAN RAMON ROAD SPECIFIC PLAN
WHEREAS, the Applicants, Peter Tobin of Tait and Associates, on behalf of Rite Aid Corporation,
and Joe Bledsoe of KinderCare Learning Centers, has requested a Specific Plan Amendment to the San
Ramon Road Specific Plan to modify Area 3 of the San Ramon Road Specific Plan to allow a retail drug
store as a perrnitted use; to allow a retail drug store with a drive-through pharmacy as a conditional use;
and to allow a day care center as a conditional use. The Applicants are also requesting approval of a
Planned Development (PD) District Rezone and Conditional Use Permit and Site Development Review to
construct an approximate 16,700 square foot retail drug store, a 9,824 square foot day care center, and
voluntarily contribute traffic improvement funds in the amount ors 129,880, and to establish a 24-hour
drive through pharmacy and a day care center and to exempt parking requirements for the day c~e center
located at 7348 -'7372 San Ramon Road; and
WHEREAS, the City Council approved Resolution No. 122-98 initiating the Rite Aid Specific Plan
Amendment Study on July 21, 1998; and
WHEREAS, Area 3 of the San Ramon Road Specific Plan allows for the development of retail
shopper stores oriented to providing additional comparison shopping goods for both Dublin and nearby
residents; and
WHEREAS, it is the intent that the principal uses within Area 3 be reserved for retail shopper
stores; and
WHEREAS, under certain circumstances, a limited amount of development can be for personal
service uses, which includes services of a personal convenience nature, financial institutions or office uses;
and
WHEREAS, Area 3 regulations prohibit retail drug stores and drive-through restaurants and do not
address drive-through pharmacies or day care centers; and
WHEREAS, the intent of prohibiting retail drug stores and drive-through restaurants was to
prohibit convenience store-type uses based on an insufficient amount residential development to support
more convenience stores within the downtown area; and
WHEREAS, since the adoption of the San Ramon Road Specific Plan in 1983, the City has
approved additional residential development throughout the City, including the multi-family residential
project just west of the project site, which would now support convenience store-type uses; and
WHEREAS, the City's Zoning Ordinance allows day care centers (with 15+ children) within
commercial centers as a conditional use and drive-through businesses as a conditional use within the C-N,
C-1 and C-2 Zoning Districts; and
WHEREAS, the day care center and drive-through pharmacy would not result in land use conflicts
with the San Ramon Road Specific Plan, the City's Zoning Ordinance or General Plan because a
Conditional Use Permit provides for the review of a development proposal by the Planning Commission
and the application of conditions of approval will insure that the intent of the Zoning Ordinance is met; and
WHEREAS, the proposed drug store and day care use will be compatible with the existing and
future development in the surrounding area. The proposed retail drug store use will provide a commercial
service and retail use consistent with the adjacent downtown uses and both the drag store and day care
uses will offer goods and services which typically benefit residential uses; and
WHEREAS, the project has been reviewed in accordance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines and the City of Dublin Environmental Guidelines and
a Negative Declaration has been adopted (City Council Resolution No. 57-99). The project, as
proposed, will not have a significant effect on the environment; and
WHEREAS, the Planning Commission held a public hearing on said application on March 9, 1999
and did adopt Resolution Nos. 99-08; 99-09; 99-10; and 99-11, recommending that the City Council
approve the Negative Declaration, Specific Plan Amendment; PD Rezone and Conditional Use Permit/Site
Development Review, respectively, with added conditions of approval to the Conditional Use Permit/Site
Development Review resolution; and
WHEREAS, a properly noticed public hearing was held by the City Council on April 6, 1999; and
WHEREAS, the Staff Report was submitted recommending that the City Council approve the
application; and
WHEREAS, the City Council did hear and use their independent judgment and considered all said
reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby adopt the San Ramon
Road Specific Plan amendment to allow a retail drug store as a permitted use, and to allow a drive-through
pharmacy and day care center with 15+ children, as conditional uses within Area 3. This Amendment is
subject to the following:
AMENDING AREA 3 USES AS FOLLOWS:
Adding to Permitted Uses
e. Drug Stores
Adding to Conditional Uses
e. Drive-Through Pharmacy
f. Day Care Center (15+ children)
3. Deleting fi-om Prohibited Uses
2
Deleting from Prohibited Uses
PASSED, APPROVED AND ADOPTED this 6th day of April, 1999.
AYES: Counciimembers Howard, Lockhart, McCormick and Mayor Houston
NOES:
Councilmember Zika
AB SENT: None
ABSTAIN: None
LCit~0Cler~- L
Mayor
K2/G/4-6-99/reso-riteaidspa
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