HomeMy WebLinkAboutOrd 09-99 RiteAid/Kindercare att¢ Ym
ORDINANCE NO. 9 -99
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO
ADOPT THE PLANNED DEVELOPMENT (PD) REZONE / DEVELOPMENT PLAN
FOR PA 98-038 RITE AID/KINDERCARE LOCATED
AT 7348-7372 SAN RAMON ROAD
(APNs 941-40-3-2; 941-40-2-3; 941-40-2-7 and 941-40-2-10)
WHEREAS, the Applicants, Peter Tobin of Tait and Associates, on behalf of Rite Aid
Corporation, and Joe Bledsoe of KinderCare Learning Centers, has requested approval of an amendment
to the San Ramon Specific Plan, a Planned Development (PD) District Rezone, a 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 of
$129,880, and to establish a 24-hour drive through pharmacy and a day care center and to exempt parking
requirements for the day care center located at 7348 - 7372 San Ramon Road, within the San Ramon
Road Specific Plan and the C-1, Retail Commercial Zoning District; and
WHEREAS, according to the "General Development Criteria" section of the San Ramon Road
Specific Plan, all new development proposals within the Specific Plan area shall require a Planned
Development Zoning; and
WHEREAS, Applicant/Developer has submitted a complete application for a Planned
Development Rezone, including a Development Plan, (Stage 1 and 2, Exhibit 3A) as required by Section
8.32 of the Zoning Ordinance which meets the requirements of said section, which is available and on file
in the Planning Department; 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 prepared for this project and is on file with the Dublin Planning
Department. The project, as proposed, will not have a significant effect on the environment; and
WHEREAS, the Planning Commission did hold a public hearing on the PD District Rezone and
Development Plan 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, proper nOtice of said public hearing was given in all respects as required by law; and
WHEREAS, properly noticed public hearings were held by the City Council on April 6, 1999 and
April 20, 1999; and
WHEREAS, a Staff Report was submitted to the City Council 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. ~
WHEREAS, pursuant to Sections 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City
Council makes the following findings:
1. The Planned Development Zoning District and Development Plan (Stage 1 and 2) meet the
propose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide retail commercial
and day care uses that are appropriate uses for the site, which is located within Area 3 of the San Ramon
Road Specific Plan which promotes the development of retail shopper stores, and which is located near
adjacem retail and medium to high density residential land uses. The comprehensive Development Plan
will be sensitive to surrounding uses by virtue of site layout and design of the architecture and site plan;
and
2. Development under the Planned Development Zoning District and Development Plan
(Stage 1 and 2) would be harmonious and compatible with existing and future development in the
surrounding areas due to site design/layout, architecture design, setback, parking and landscaping
requirements of the Planned Development Zoning District, which are adequate and have been specially
designed to fit into the existing neighborhood. Both uses are supportive of surrounding retail and
residential uses through the provision of day care and education services for adjacem residents and
children of workers in the surrounding commercial areas, and supportive of similar surrounding retail
commercial uses; and
3. The Planned Developmem (PD) Rezone ~s consistent with the general provisions, intent,
and purpose of the PD Zoning District of the Zoning Ordinance in that it contains all information.required
by Section 8.32 of the Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes
the objectives of Section 8.32.010, A through H, of the Zoning Ordinance; and
4. The subject site is physically suitable for the type and intensity of the zoning district being
proposed because it is located on relatively flat land within a developed downtown area adjacent to
existing retail commercial uses and medium to high d~nsity residential uses, was previously developed,
and because it is located adjacent to roadways which are designed to carry traffic that would be generated
by the proposed types of uses; and
5. The Planned Development Rezone will not have a substantial adverse effect on health or
safety or be substantially detrimental to the public welfare or be injurious to property or public
improvement as all applicable laws and regulations will be satisfied; and
6. The Planned Development Rezone will not overburden public serwces as all agencies must
commit to the availability of public services prior to the issuance of building permits as required by City
laws and regulations; and
7. The Planned Development Rezone and accompanying Conditional Use Permit and Site
Development Review, will create an attractive, efficient, and safe environment; and
8. The Planned Development Rezone will benefit the public necessity, conveniences and
general welfare; and
9. The Planned Development Rezone and accompanyfiag Site Development Review and
Conditional Use Permit will be compatible with and enhance the general development of the area; and
2
10. The proposed amendment is consistent with the Retail/Office designation of the Dublin
General Plan and the proposed use types are permitted by said designation.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
SECTION 1.
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is
amended to rezone the following property ("Property") to a Planned Development Zoning District:
Approximately 3 acres at 7348 - 7372 San Ramon Road (APNs 941-40-2-3; 941-40-2-7; 941-40-
2-10; 941-40-3-2) located at the northwest comer.of San Ramon Road and Amador Valley
Boulevard.
A map of the Property is outlined below:
PD
B4-O
SECTION 2.
The regulations of the use, development, improvement, and maintenance of the Property are set forth in
the Stage 1 and Stage 2 Development Plan (Exhibit 3A hereto) which is hereby approved.
SECTION 3.
This ordinance shall become effective 30 days follOwing its adoption or, following the City Council's
approval of a proposed preliminary plan for improvements to the exterior of the structure at 7201 Regional Street,
whichever occurs later.
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public
places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 20t~ day of April, 1999.
Couneilmembers Loekhart, MeCormiek& Zika
Coun¢ilmember Howard & Mayor Houston
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
None
None
(ki!y~lerk ~ ' -
Mayor
\~DUBLINFS2\CM~CC-MTGS\99-QTR2VkPRIL\4-20-99\ord-rite aid with exterior plan.doc
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DEVELOPMENT PLAN
This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for PA 98-038
Rite Aid/KinderCare project, located on the northwest corner of Amador Valley Boulevard and San
Ramon Road, at 7348 - 7372 San Ramon Road (APNs 941-40-3-2; 941-40-2-3; 941-40-2-7 and 941-40-
2-10). This Development Plan meets all the requirements for Stage 1 and Stage 2 review of the
pr~oject.
This Development Plan includes the Site Plan, Landscape Plan, Floor Plan and Elevations, sheets 1 through
9, dated received April 15, 1999, labeled Exhibit 3A to the Ordinance approving this Development Plan
(City Council Ordinance No. 99- 9), and on file with the Planning Department. The Planned Development
District allows the flexibility needed to encourage innovative development while ensuring that the goals,
policies, and action programs of the General Plan, San Ramon Road Specific Plan, and provisions of
Section 8.32 of the Zoning Ordinance are satisfied.
1. Permitted Uses/Conditional Uses:
Permitted Uses
Drug Store
Conditional Uses
Drive Through Drug Store Pharmacy
Day Care Center
All other Permitted and Conditional Uses as established by the San Ramon Road Specific Plan.
o
Site Area/Densities: The maximum square footage of the proposed Rite Aid/KinderCare
development for the parcels covered under this Development Plan (as shown on the site plan
contained in Exhibit 3A, Development Plan), are as follows:
Rite Aid site:
_+ 1.68 acres
16,708 square foot building
KinderCare:
+1.19 acres
9,841 square foot building
Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the
provisions of this PD District Rezone/Development Plan, the use, development, improvement and
maintenance of property within this PD Zoning District shall be subject to the provisions of the C-l,
Retail Commercial Zoning District of the City of Dublin Zoning Ordinance with regard to
permitted/conditional uses, land use restrictions and minimum/maximum development criteria.
EXHIBIT 3A
o
o
Site Plan and Architecture: See attached floor and elevation plans, sheets 2, 3, and 5 (Rite Aid)
and 7 and 9 (KinderCare) contained in Exhibit 3A, Development Plan. Any modifications to the
project shall be substantially consistent with these plans and of equal or superior materials and
design quality.
Phasing Plan: The project shall be constructed in one phase of development. If the
Developer/Applicant decides to construct the project in phases, a phasing plan shall be submitted
for the review and approval of the Community Development Director.
Landscaping Plan: Refer to attached landscaping plans included in Exhibit 3A, Development
Plan, sheets 4 and 8.
Devdopment Standards:
Lot Size:
Comer Lot (Rite Aid) - 6,000 sq. ft. minimum
Interior Lot (KinderCare) - 5,000 sq. ft. minimum
Lot Width and Frontage:
Comer Lot (Rite Aid) - 60 feet minimum
Interior Lot (KinderCare) - 50 feet minimum
Lot Depth: 100 feet minimum
Front, Rear and Side Yard Setbacks: See the C-l, Retail Commercial Zoning District setback
regulations, Chapter 8.36.030 of the Zoning Ordinance.
Building Height:
45 feet maximum
35 feet maximum if principal structure is within 50 feet of an R zoning
district
Parking:
Parking shall be provided as shown on the site plan in Exhibit 3A, Development
Plan, sheet 1, as approved through the related Site Development Review and
Conditional Use Permit for PA 98'-038. All drive aisles and fire lanes shall be kept
clear at all times.
Public Facilities Fee: The Applicant/Developer shall be required to pay a Public Facilities Fee in
the amounts and at the times set forth in the City of Dublin Resolution No. 32-96, adopted by the
City Council on March 26, 1996, or in the amounts and at the times set forth in any resolution
revising the amount of the Public Facilities Fee~
Compliance with Related Planning Approvals: The Applicant/Developer shall comply with all
the related Site Development Review and Conditional use conditions of approval for PA 98-038.
G:\pa98-038XDevelopment Plan