HomeMy WebLinkAboutReso 138-99 CUP RiteAid/KinderRESOLUTION NO. 138 - 99
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING PA 98-038 RITE AID/KINDERCARE
CONDITIONAL USE PERMIT TO ESTABLISH A DRIVE-THROUGH PHARMACY
AND DAY CARE CENTER AND .TO EXEMPT PARKING REQUIREMENTS FOR
THE DAY CARE CENTER LOCATED AT 7348 - 7372 SAN RAMON ROAD
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, 24-hour 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 drive through pharmacy and a day care center and to exempt parking
requkements for the day care center located at 7348 - 7372 San Ramon Road, within the San Ramon
Road Specific Plan and the C-l, Retail Commercial Zoning District; 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 Conditional Use Permit and
Site Development Review 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, a properly noticed public hearing was held by the City Council on April 6, 1999; and
WHEREAS, a Staff Report was submitted to the (~ity 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; and
WHEREAS, the City Council has found that the proposed project is appropriate for the subject
NOW, THEREFORE, BE IT RESOLVED THAT ~ City Council of the City of Dublin does
hereby find that:
The proposed operation of a drive-through pharmacy and day care facility within the San Ramon
Road Specific Plan and the Planned Development Zoning District for PA 98-038 is compatible with
other land uses (i.e. retail commercial and residential), transportation and service facilities in the
vicinity because the proposed drug store use will provide a commercial service and retail
establishment 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.
The proposed uses will not adversely affect the health or safety of persons residing or working in
the vicinity, and will not be detrimental to the public health, safety and welfare because all the
potential environmental impacts associated with the project are less than significant.
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The uses will not be injurious to property or improvements in the neighborhood because the project
is conditioned to comply with all Building and Fire Department requirements, and Public Works
Department requirements regarding on and off-site traffic circulation, street improvements, and on
and ofF-site drainage improvements.
There are adequate provisions for public access, water, sanitation, and public utilities and services
to ensure that the proposed use and related structures would not be detrimental to the public health,
safety, and welfare.
The subject site is physically suitable for the type, density and intensity of the'use and related
structures being proposed because the project is located on relatively flat land within an urbanized
area adjacent to existing retail commercial uses and medium to high density residential uses and the
Applicants have agreed to mitigate off-site traffic and circulation impacts by the voluntary payment
of $129,880 for street improvements.
The Rite Aid Pharmacy drug store use and KinderCare day care center use is not contrary to the
specific intent clauses, development regulations, and performance standards established for the
Planned Development (PD) Zoning District for PA 98-038 because the conditions of approval are
required to insure that both uses, which will be supportive of surrounding retail and residential uses
through the provision of day care and education services for adjacent residents and children of
workers in the surrounding commercial areas, and supportive of similar surrounding retail
commercial uses, will be compatible with those uses.
The approval of this application, as conditioned, complies _with the Dublin General Plan, the related
San Ramon Road Specific Plan Amendment and the PD Zoning District regulations, and the
general requirements established in the Dublin Zoning Ordinance.
BE IT FURTHER RESOLVED THAT THE Dublin City Council hereby approves PA 98-038
Rite Aid/KinderCare Conditional Use Permit to establish a 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, as
generally depicted by the plans labeled Exhibit 3A of the related Planned Development District Rezone
Ordinance, consisting of nine sheets prepared by Tait and Associates, MCG Architects, Majors 2M
Engineering, and CRHO Architects, stamped approved and on file with the Dublin Planning Department,
subject to the approval of the related San Ramon Road Specific Plan Amendment and Planned
Development District Rezone and compliance with the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building
permits or establishment of Use, and shall be subject to Planning Department review and approval. The
following codes represent those departments/agencies re~onsible for monitoring compliance &the
conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works [ADM]
Administration/City Attorney, [FIN] Finance, [FI Alameda County Fke Department, [DSR] Dublin San
Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of
Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7,
[LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services.
N . ' COI~ITION TEXT RESPON. WI-IEN HOW IS
O ' ' ' AGENCY REQ.? CONDITIOI~
/DEPART SATISFIED'/.
1. Permit Expiration. Construction or use shall commence within PL Ongoing
one year of permit approval, or the permit shall lapse and
become null and void.
2. Annual review. On at least an annual basis, this Conditional PL Ongoing
Use Permit shall be subject to Zoning Investigator Review and
determination as to compliance with the conditions of approval.
Any violation of the terms or conditions of this permit may be
subject to enforcement action.
3. Revocation of permit. The permit shall be revocable for cause PL Ongoing
in accordance with Chapter 8.96 of the Dublin Zoning
Ordinance. Any violation of the terms or conditions of this
permit shall be subject to citation. ~-
4. Clean-up. The Applicant/Developer shall be responsible for PL Ongoing
clean-up and disposal of project related trash to maintain a
dean, litter-free site.
5. Controlling Activities. Rite Aid and KinderCare shall control PO, PL Ongoing
all activities on the project site so as not to create a nuisance to
the existing or surrounding businesses and residences.
6. Accessory Structures. The use of any accessory structures, PL, B, F Ongoing
such as storage sheds or trailer/container units used for storage
or for any other purpose, shall not be allowed on the site at any
time.
7. Fire Codes and' Ordinances. All project construction shall B ThroUgh
conform to all fire codes and ordinances in effect at the time of completion
building permits. .
8. Conditions of Related Project Approvals. The PL, PW Ongoing'
Applicant/Developer shall comply with all conditions of
approval of the related San Ramon Road Specific Plan
Amendment, Planned Development (PD) District Rezone and
Site Development Review for the PA 98-038 Rite
Aid/KinderCare project.
N CONDITION TEXT RESPON. WHEN How IS
O .. .. AGENCY REQ.? CONDITIO
. .. : /DEPART ' SATIS
9. Public Right-of-Way Signage. The Public Works~Department PW, PL Prior to
shaH work with the Kildara Homeowners Association for issuance of
determining the types of street signage that should be installed Occupancy
along Amador Valley Boulevard and Donlan Way for purposes Permit
approval.
of discouraging traffic from entering the Kildara community as a
short-cut between Dublin Boulevard and San Ramon Road. The
Applicant/Developer shall be responsible for purchasing and
installing the agreed upon street signage.
10. Kildara Funds. The Rite Aid Corporation and KinderCare PL, PW Prior to
Learning Centers shall each contribute a maximum of $5,000 issuance of
which shall be paid into an escrow account to be used by the Occupancy
Permit
Kildara Homeowners Association for purposes of mitigating any approval.
traffic impacts the project may cause within the Kildara
community. Any funds remaining in the escrow account 18
months after the last certificate of occupancy for either Rite Aid
or KinderCare will be refunded to the applicants equally.
..' KINDERCAREDAY CARE., .: ,.. ...... , . ., ......
11. Number of students. The day care center shaH have a PL, B Ongoing
maximum enrollment of 180 children.
12. Drop-off and pick-up of students. The KinderCare Applicant PL Ongoing
shall be responsible for escorting each student from the drop-off
and pick-up area to and from the school.
13. Hours of operation. Hours of operation for the school shaH be PL Ongoing
from 6:15 a.m. to 6:15 p.m. Monday through Friday.
14. Noise/Nuisances. The KinderCare Applicant shall control all PL, PO Ongoing
project related activities and noise in the parking lot and
playground so as not to create a nuisance to the adjacent
residential community and the existing or surrounding
businesses. No loudspeakers or amplified music shall be
permitted to project or be placed outside of the building.
15. Maintenance. The KinderCare Applicant shaH be responsible PL Ongoing
for cleaning up and disposing of day care facility generated trash
and litter on-site and off-site within the neighborhood.
16. Parking Requirement Exemption. The KinderCare Applicant PL, PW Ongoing
shall provide a minimum of twenty (20) parking spaces for the
day care facility, which is a reduction in the number of required ~
off-street parking spaces under the Zoning Ordinance. The
proposed number of parking spaces is sufficient based on the
traffic and parking study completed by TJKM Transportation
N ~: . ,. CONDITION TEXT- ' RESPON, ' WHEN' HOW IS
O i~.: ~ i';' , ~ .'? ,'-'i.. · . : ::.! AGENCY. , REQ.? CONDITIO
-, ':' . · .:', '~" 'i .":" ~'!?-). '/DEPART ' SATISFIEE
Consultants dated January 25, 1999. Any overflow,parking will
not impact the adjacent Rite Aid drag store use, or any other
adjacent uses. The Applicant shall dedicate parking spaces
along the front of the day care facility for drop-off and pick-up
of students. These parking spaces shall be idemified by
markings on the pavement and other signage subject to the
review and approval of the Community Development Director
and Public Works Director.
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17. Drive-Through Pharmacy Hours of Operation. The hours of PL Ongoing
operation for the drive-through pharmacy' shall be from 7:00
a.m. to 11:00 p.m.
18. Noise/Nuisances. Loudspeakers used for the drive through PL Ongoing
pharmacy service window shall observe a noise level which
reflects the minimum functional volume. The speaker noise level
shall not be discernible beyond the property lines, in particular,
.the adjacent residential neighborhood. No amplified music shall
be permitted outside the enclosed building. The Applicant shall
comrol all other project related activities on the site so as not to
create a nuisance to the adjacent residential community and the
existing or surrounding businesses.
19. _Re-Lease of Rite Aid Tenant Space. Prior to issuance of PL Prior to
building permits for the PA 98-038 Rite Aid project, the Rite issuance of
Aid Corporation shall provide the City Council with verification Building
Permits
that the existing Rite Aid tenant space located at 7201 P~egional
Street has been re-leased (or resold) to a business whose use is
consistem with the Downtown Specific Plan (i.e., retail and
service commercial uses) and that substantial improvements will
be made to the structure at 7201 Kegional Street prior to the
reuse of the existing Rite Aid tenant space.
20. Delivery Trucks. Truck deliveries for the Rite Aid drug store PL Ongoing
shall be prohibited between the hours ofg:00 p.m. and 7:00 a.m.
The Conditional Use Permit shall be effective upon the effective date of the related San Ramon Road
Specific Plan Amendment and PD District Rezone.
PASSED, APPROVED AND ADOPTED this 20th day of July, 1999.
AYES:
NOES:
Councilmembers 'Howard, McCormick, Vice Mayor Lockhart and Mayor
Houston
Counciimember Zika
ABSENT: None
ABSTAIN: None
Clerk
K2/G/7-2 0-99/reso-ri teai dcup. doc
g:~a98-O38\CUP Reso 2 ~ CC