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HomeMy WebLinkAbout03-09-1999 PC MinutesA regular meeting of the City of Dublin Planning Commission was held on Tuesday, March 9, 1999, in the Dublin Civic Center City Council Chambers. Chairperson Jennings called the meeting to order at 7:00. ROLL CALL Present: Commissioners, Jennings, Johnson, Hughes, Musser, and Oravetz; Eddie Peabody Jr., Community Development Director; Carol Cirelli, Senior Planner; Floyd Davis, Public Works Consultant, and Gaylene Burkett, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Jennings led the Commission, Staff, and those present in the pledge of allegiance to the flag. The minutes from the February 9, 1999 were approved as submitted. ADDITIONS OR REVISIONS TO THE AGENDA - None ORAL COMMUNICATIONS - Cm. Jennings stated the Koll Corporate Center Development Agreement was noted as a public hearing for tonight's meeting; due to a delay and the finalizing of the Development Agreement, that item will not be heard tonight. It will be heard at the March 23, 1999 meeting. She asked that the record reflect that no person was present that wished to address this item. WRITTEN COMMUNICATION - None PUBLIC HEARING 8.1 PA 98-038 Rite Aid/KinderCare Specific Plan Amendment; PD Rezone; Conditional Use Permit and Site Development Review The applicants are requesting a Specific Plan Amendment (to the San Ramon Road Specific Plan); Planned Development (PD) District Rezone; Conditional Use Permit; and Site Development Review approval to construct a 16,700 square foot retail drug store with a drive-through pharmacy, and a 9,824 square foot day care center. The project will be located at 7348 - 7372 San Ramon Road (northwest comer of San Ramon Road and Amador Valley Blvd.) Cm. Jennings went over the procedures for the public hearing. Carol Cirelli, Senior Planner, presented the staffreport. She gave the history for the project. She stated that in July of 1998, the City Council approved a Specific Plan Amendment Study request of the Rite Aid Planning Commission 25 March 9, ! 999 Regular Meeting Corporation to allow a Rite Aid drug store as a permitted use within Area 3 of the San Ramon Road Specific Plan and to include all parcels behind the proposed Rite Aid building as one piece of property within the Study. Shortly after Rite Aid submitted their planning application in September, KinderCare began working with Staffto locate a day care facility behind the Rite Aid facility. For simplifying project processing, both projects were incorporated into one. Rite Aid is proposing to construct a 16,700 sq.fi. retail drug store with a drive through pharmacy window. The Rite Aid store, including the pharmacy, is proposed to be open 24 hours. KinderCare is proposing to construct a 9,824 sq.ft, day care center with preschool education and childcare services for children between the ages of 6 weeks and 12 years. The maximum capacity for this facility would be 180 children. The expected enrollment is 150 to 155 children. The center would be staffed with 16 full time employees and their hours of operation would be from 6:15 in the morning to 6:15 at night, Monday through Friday. The project requires a Specific Plan Amendment to allow a drug store as a permitted use instead of a prohibited use; and drive-through pharmacy and day care center as conditional uses. Planned Development (PD) District Rezone is a requirement of the San Ramon Road Specific Plan for all new developments. A Conditional Use Permit is required to allow a drive-through business (pharmacy); day care center for 15 or more children and a parking requirement exemption; and a Site Development Review is required for the construction of both buildings, including the installation of parking and landscaping. Staff would like to add conditions this evening requiring additional trellises with landscaping along the western and northern sides of the Rite Aid building to eliminate the blank wall effect and requiring the integration of both the KinderCare and Rite Aid wall signs into the architecture of the buildings. The City received a total of 6 comment letters from Kildara residents and one was passed out at the meeting. Ms. Cirelli went over all comments submitted and responded to them. It appears that the Kildara residents have 2 major concerns, through traffic and the potential noise impacts from the KinderCare playground facilities and the 24-hour Rite Aid use and drive through. Both the drive-through pharmacy and KinderCare playground have been conditioned to eliminate any potential noise impacts on the adjacent residential neighborhood and other commercial areas. The Dublin Planning Department will monitor this condition yearly and on a complaint basis. Based on the application materials submitted by both applicants and the recent noise study submitted by KinderCare, the drive-through window speaker and playground sounds should not present any significant noise impacts on the adjacent neighborhood. In conclusion, staff recommends that that Planning Commission recommend City Council approval of the Rite Aid/KinderCare Specific Plan Amendment, PD Rezone, CUP/SDR and adopt resolutions Exhibits A, B, C and D with the additions to Exhibit D resolution as specified earlier. The project, as conditioned, complies with the City's General Plan, Zoning Ordinance and the San Ramon Road Specific Plan, and is compatible with other land uses, transportation and services facilities, and commercial and residential structures in the vicinity. Cm. Hughes asked who owns the existing landscaping. Ms. Cirelli stated the landscaping is on Mr. Nichandros' property. Kirk Smith, stated he is the project manager for the Rite Aid Store. He said they are working with Rite Aid to relocate some their stores from the existing locations to brand new stores. There are two major changes affecting the pharmaceutical business; the number one change has been Wal-Mart selling discount pharmaceuticals. Wal-Mart has incredibly low cost of overhead and can sell products at cheaper prices. Rite Aid, Walgreen's and Longs are trying to capture the convenience concept rather than being cheaper than Wal-Mart. Rite Aid's major convenience aspect is the drive through pharmacy. A day care Planning Commission 26 March 9, 1999 Regular Meeting was suggested and it seemed to work well on the site. He stated that they offered to speak with the Kildara residents and have offered them $10,000 towards improvements to mitigate any traffic problems. Michael J. Majors, II, Civil Engineer representing KinderCare. He thanked staff for their communication with them, in order to obtain staff approval. He stated the sound issue for KinderCare was an issue with the residents; however only 35 children would be outside at one time. The peak traffic times would be 6:15 a.m. to 9 a.m. and 4:15 to 6:15 p.m. They offered to raise the sound wall by two feet. KinderCare would also consider relocating any existing landscaping to anywhere the Kildara resident would prefer. Cm. Hughes asked why there are outside speakers for the KinderCare project. Mr. Majors introduced Jerry Stivers with KinderCare. Jerry Silvers, Real Estate Department of KinderCare stated there are no outside speakers. He mentioned that this is not a conventional school and is different due to the age of the children. He stated the State of Califomia is now working to keep children at school. KinderCare's business is more towards the age of 6 weeks to 5 years old and does not have many older children coming after school. Cm. Hughes asked about the sound study. There is an increase in noise when children are on play equipment that is 6-7 feet high, it will increase the amount of noise and carry over the sound wall. He asked if there is a reason that type of equipment is used. Mr. Stivers stated he has never been asked that question, and he was not certain. They are in all the preschool playgrounds. Cm. Hughes stated that there are homes that are right up to the wall. Mr. Stivers stated that they could adjust some of the large equipment to be placed on the side area. Cm. Hughes asked if there is a necessity for the children to have that type of play equipment. Mr. Stivers stated that there would only be 2-3 children at that height at one time. He is not certain on the choice of equipment. Cm. Johnson asked if they would agree on raising the sound wall. Mr. Majors stated that KinderCare spends a lot of time reviewing the equipment. It gets very technical with State regulations on floor space, and play ground area. He stated that the two-foot extension wall would more than effectivity mitigate noise. Cm. Johnson stated that the play equipment is for younger kids and probably could not be more than six feet high. Raising the wall to eight feet will help alleviate some of the noise. Mr. Majors stated that the wall could be a height acceptable to City staff. Cm. Hughes stated that the applicant seems to be willing to work with the City on this issue. Planning Commission 27 March 9, 1999 Regular Meeting Mr. Majors stated they are very much willing to work with the City. They are tight on playground area as it is. They are willing to work with City staff to do whatever is necessary to come to a compromise. Cm. Oravetz asked about Rite Aid's current least on property near Albertson's. Mr. Smith stated they have a very long-term lease remaining (approximately 15 years). Cm. Oravetz asked if they were going to be there for 15 years. Mr. Smith stated that they will be moving to the new location and they have a client that will fit in very well in the Albertson's center. Cm. Oravetz asked the name of the client. Mr. Smith stated he was not able to say at this time because they have not finished negotiating their deal. Cm. Oravetz stated he did not want to see a black hole left when Rite Aid moves. When Lucky's moved to San Ramon, a furniture store was placed in the old Lucky's site and the center has gone down hill. He stated that some of his questions about lease are more for City planning. Rite Aid moves across the street and Dublin is left short changed in the Albertson's Shopping Center. He asked Mr. Smith to help him out. Cm. Jennings explained to Cm. Oravetz that this project will go to City Council and the Council will have more definitive issues to discuss. She stated the issue regarding a new tenant for Rite Aid should go to the City Council. Cm. Oravetz asked who would approve the new tenant. Cm. Jeunings responded the City Council would approve the new tenant. Mr. Smith stated that for clarification regarding the comment on houses abutting the wall, and actually there is a house abutting the wall behind the restaurant. There are no houses abutting the wall along the KinderCare area. The closest building to the KinderCare play yard is 60 feet away. Floyd Davis, Public Works Consultant introduced Gordon Lum, with TJKM, traffic engineer, who has done numerous projects for the City. He stated that all traffic study questions can be directed to Mr. Lum. Gordon Lum, TJKM Consultants stated they conducted a license plate survey to see the type of traffic cutting through the Kildara neighborhood. The way the survey was conducted was to have one observer at Amador Valley Boulevard at San Ramon Valley Road, recording the license plates of vehicles going in and coming out of the Kildara neighborhood. The study showed the area from Amador Valley Boulevard to Kildara to Donlan Way recorded 52 vehicles tuming on to westbound Amador Valley Boulevard. Of those 52 vehicles, 37 turned into Strouds Plaza, 14 went into Kildara and 1 ended up going through Kildara and came out on Donlan Way. Coming downhill, from Donlan Way going through Kildara to Amador Valley, they recorded 40 vehicles going east bound on Dublin Blvd., to Donlan Way. Of the 40 Planning Commission 28 March 9, 1999 Regular Meeting vehicles, 2 vehicles ended up going through Kildara eastbound onto Amador Valley Boulevard to San Ramon Road. That was just a snap shot of what was going on at the peak hour in the morning. They looked at what advantages would a driver have cutting through the Kildara project there are 4 stops signs and one speed bump. It took 40 seconds longer to cut through Kildara versus staying on the main arterials. There are variables to consider, opposing traffic and the signal. Douglas Sweeney, 7401 Cronin Circle, stated he is not opposed to development on the comer site but he has some concerns. One concern is the sound wall along the KinderCare site and would like to see some tall vegetation proposed there. Another concern is the baskedball courts on the playground and the location. He feels that late at night someone will hop the fence and start playing basketball. The peak traffic time is a real issue and will cause problems. Cm. Oravetz asked Mr. Sweeney how he felt about gated communities. Mr. Sweeney stated he preferred an open complex but from a security standpoint they are great. Cm. Johnson asked Mr. Sweeney what school is he backed up against. Mr. Sweeny stated the Neilsen School. Cm. Johnson asked Mr. Sweeny if he has heard any noise from the Montessori School and a Dance Studio in the Strouds Center. Mr. Sweeny said he is too far from the Strouds Center to hear noise from those schools. He said there is vegetation that is raised way above the sound wall. Cm. Johnson said that vegetation has been taken down. One of the things that creates a traffic problem is that Amador Valley Blvd. is a two lane road that turns into Strouds Plaza and it is very narrow. Once the right tum lane is installed, that will improve the traffic flow and cut down on the congestion. He said that he was one of the cars that went through the Kildara complex because he deposits mail on Donlan but has never seen more than two cars in the complex. Troy Thomas, 6415 Dijon Way stated that he is in favor of the KinderCare project and said we need more daycare. Shawn Roach, 7401 Cronin Circle stated his major concern is the traffic. The Montessori school has traffic problems and parents park illegally to pick up their kids. The KinderCare will have approximately 180 kids with 20 parking spaces. Every night between 5:30 and 6:30 there are too many people and not enough spots. Cm. Johnson asked if he is referring to parking in Strouds Plaza. Mr. Roach stated yes. Planning Commission 29 March 9, 1999 Regular Meeting Cm. Johnson stated that there is a Dance Studio that operates from 3:30 p.m. to 11:00 p.m. and the Dance Studio takes those parking spaces up, which has been there for over 5 years. It is not the Montessori school. Mr. Roach stated that he picks up his laundry near the Montessori School between 5:30 and 6:30 and there isn't any parking. He feels the Montessori School has increased the parking problem. Cm. Johnson stated that KinderCare will not create more congestion in Strouds Plaza. Cm. Jennings asked Mr. Roach how he felt about increasing the speed bumps. Mr. Roach said he was in favor of more speed bumps. Cm. Jennings asked if some of KinderCare's overflow of parking could use the Rite Aid parking lot. Ms. Cirelli said yes. They have 30 parking spaces near the KinderCare facility and they also will be allowed to use the 10 spaces on the other side. Nina Wixson 7403 Cronin Circle, has happily co-existed with the existing businesses in Strouds Plaza. She stated that she is not opposed to development but anticipated the development to remain as it is zoned which is Retail/Commercial. She does use the current Rite Aid pharmacy and understands sick kids and wanted to know why Rite Aid is moving to an area that is not zoned for that use. She stated that she is opposed to the plan as it exists and the high volume of traffic it will create. She feels 2,400 extra trips per day is excessive and seems overwhelming. She submitted a letter to staff with other suggested uses. If this project is going to be approved then the City should go to extraordinary means to protect the homeowners in Kildara. She would like to see security gates, large trees, and mitigate the negative impact it will have. Cm. Musser asked if the applicants met with her. Ms. Wixson responded no. She heard about the project from a televised City Council meeting. She received a notice from Ms. Cirelli to the Homeowners Association requesting to meet with them as a group; and felt it was too late. Cm. Musser asked if she would support the project if some of her suggestions could be incorporated. Ms. Wixson responded yes, but the security gates are a huge issue with residents. She loves not having a gate and living there. She has done studies and studies are only as good as they are put in context. Unfortunately the gates seem to be an appropriate answer to the issue. Joe Bledsoe, 6534 Cottonwood Circle stated that he works with KinderCare and would like to address some issues brought forward. The basketball court is on the south side of the property and the net is 7 feet high. The issue of someone jumping the wall to play on a 7-foot high hoop is unlikely to happen. The soundwall to the south is an 8-foot wall with a wood cap. He suggested the wall to continue to the south of the property and make the entire wall consistent through there. He stated that parents would not have to park to drop their kids off; there will be teachers stationed in front of the school and will meet the Planning Commission 30 March 9, 1999 Regular Meeting parents at their cars and take the child in. They have a system for picking up their children. Parents are not parking unless they are going into the center to talk to the center director. Their schools do not have a lot of congestion. They have a center in Pleasanton in a residential neighborhood, and they have not received complaints on that center. He suggested that a "Left hand tum only" sign be placed at the exit so people do not accidentally turn into Kildara. The play structures are regulated by the State and only one child is allowed at the highest point at one time. The play structures are for exercise purposes only. They have centers all over and want to be good neighbors and will deal with issues and complaints before they reach the City. Thomas Murphy, 7374 Cronin Circle, stated he has a concern with the child safety at KinderCare. He stated that currently there is a transient that lives in Mape Park and if there was a crime committed between this transient and one of the children, it would be embarrassing for the City and Kindercare. He suggested for KinderCare to talk to the Dublin Police. He said the $10,000 donation for the gated facilities would not cover the cost for a gate. Cm. Jennings clarified that the $10,000 donation is not to cover the cost of the gate, it is for Kildara to use however they wish. Mr. Murphy stated that he believes the donation was referenced for the cost of the gate and $10,000 is inadequate. Cm. Jennings asked for clarification on the gate; she thought a gate would not be possible. Mr. Davis responded a gate is not feasible at this time. He stated that standard procedure for Dublin is to have a 50-foot area between a public right of way and where the gate would exist. This would allow for the queuing up of cars. Cm. Oravetz asked about the Donlon entrance. Mr. Davis said he did not look at that entrance and could not comment on this item. Robin Chin, 11812 Kilcullin Court, stated she is confused about the gate. Where is there a 50-foot problem? Mr. Davis clarified that the City requires 50-feet from the public right a way, plus a turn around area in front of gate. Ms. Chin asked ifa new condition could be considered to amendment that City requirement so a gate can be placed there. Mr. Davis stated that is up to the Planning Commission. There has been a suggestion to place gates inside the community. Ms. Chin stated she likes the gate idea and would like to see them added to the Kildara property. Cm. Hughes asked what would be the benefit of a gated community. Planning Commission 31 March 9, 1999 Regular Meeting Ms. Chin said currently they do not have a traffic problem in Kildara and felt if they widen the street, there will be more traffic. A gate will militate against the possibility of somebody taking a wrong turn and ending up in the Kildara complex. Cm. Hughes said it is not up to the Planning Commission to solve every potential problem. It does not appear to be a current problem. The residents living in Kildara have mentioned that as of today there is not a traffic problem. He does not see how this will necessarily increase the traffic. Them are other ways to mitigate the problem. He said other similar projects put in speed bumps, which has stopped th~ people living behind that project from going down that road. There are other ways to mitigate it besides locking up the community. He stated that he does not like gated communities. Ms. Chin asked why he did not like gated communities. Cm. Hughes stated he does not like gates, but if them is a need for it he would consider it. He is hearing there is not a crime problem, and as of today there is not a traffic problem. Ms. Chin stated there will be an additional 2,400 trips per day. She asked how he thinks there would not be an increase in traffic flow. Cm. Hughes responded that it does not necessarily follow that those 2,400 trips will make their way into this project. Ms. Chin asked Planning staff what research was done to determine that there would not be a decrease in property value. Cm. Jennings stated that she visited three complexes near other KinderCare facilities and with KinderCare there and a car wash, it has not had an impact on their property values. Ms. Chin stated that they do not have a 24-hour Rite Aid. Cm. Jeunings stated that she visited a 24- Rite Aid in San Leandro and they have not had a decrease in property values. Ms. Chin stated she has someone in a wheelchair that lives with her, and is concerned with his safety because of the increased traffic. She referred to the map where she would like to see an additional left turn lane. Josephine DeStefano, 7423 Tehan Court stated that KinderCare will back up to her house and does not like that. She does not like the idea of Rite Aid moving there and does not like the 24-hour service. She is opposed to the project and agrees that Dublin does not need anymore black holes. Webb Schoefer, 7267 Quartz Circle supports the idea of KinderCare in the community. There are fewer and fewer spaces in our community to add new businesses. He stated that being a parent; he has looked for childcare and would like to have a company as reputable as KinderCare. Them are a few places in Dublin that have converted a house into a daycare and they are right in the middle of resldentlal areas. Planning Commission 32 March 9, 1999 Regular Meeting How can Dublin approve those businesses and not approve KinderCare? KinderCare has more experience than the residential daycares. He stated that he canvassed some people in his neighborhood and within two hours he got 24 signatures from people dying to get more childcare in Dublin. He is not in favor of the shrubbery along the wall that kids can climb on. Larry Russell, Attorney for the Kildara Homeowners Association, stated he is concerned about the 6-foot sound wall along the Kildara property, there is a 2-foot grade raise when on the adjoining site and in some areas it is only 4-feet. He feels that the type of wall going in needs to be looked at as well. There were not any studies done on the existing sound conditions at the Kildara site. There has not been anything done about the combined use. There have been studies done on KinderCare but nothing on the Rite Aid. Ms. Cirelli clarified the distance between Kildara buildings and the sound wall. She stated that the distance between the closest Kildara building and the wall is 59-60 feet in distance. Mr. Russell stated that that the map did not line up. He said the security gate costs more than $10,000. Speed bumps are costly and create lawsuits. If the studies prove to be inaccurate and traffic backs up, what are the guarantees to the homeowners association if it does not work? There has not been any talk on the Rite Aid traffic at peak hours, especially noise impacts from delivery trucks. Cm. Jennings asked if Mr. Russell received the total package with the traffic study. She stated that it is appendix B in the package. Mr. Russell responded yes he has it. He stated that once the project is complete, and it does not work, it will affect the 174 homeowners and there won't be anyway of taking it back. Cm. Oravetz asked the cost for a security gate. Mr. Russell did not answer the question but asked if the project could be reconfigured to make a gate work. Cm. Hughes stated that one of the downfalls of having a gated community is they do not help traffic flow, they increase traffic. He stated he is hearing conflicting stories; the project will make more congestion because of traffic, but then you are saying the gate will help it. During the peak time the gate will increase traffic. Generally the traffic is there in the morning and in the afternoon. The gap in between the traffic will be very sparse. The homeowners could be up against a saloon, or an office building, where the traffic would be worse. There will be trucks no matter what goes there. If it is not going to be this use, it will be some other type of use. Mr. Russell said the use there should be for small boutiques style facilities. He felt more information was needed and the negative declaration was light in some areas. Cm. Jennings asked Mr. Smith to answer some of the questions conceming trucks and timing. Mr. Smith stated Rite Aid is not a grocery store. Although the existing zoning allows for larger uses as well as boutiques, those stores would also have delivery trucks. Rite Aid has few trucks and vans, and the Planning Commission 33 March 9, 1999 Regular Meeting large tracks are limited to handful of times per week depending on the business of the store. Rite Aid does have some flexibility to work with the City on reasonable hours for delivery. Cm. Jennings asked if the proposed store is the same size as the existing store. Mr. Smith said the existing store is 50,000 square feet and the proposed store will be approximately 17,000 square feet. Cm. Jennings said it would be a smaller store with fewer deliveries. There was a discussion on where the loading dock will be in relation to some of the Kildara homes. Mr. Russell asked if there would be any nighttime deliveries. Mr. Smith said yes, they could limit the delivery time to meet the standards for the City. Tom Clark, 7255 Cronin Circle, stated that he lives on the comer of Donlan Way and there is a lot of traffic that comes in the complex and goes out the other way. He felt the citizens are not getting a fair shake. Sam Adrian, 7429 Tehan Court, stated that he lives behind the Dublin Fishery and the parking lot is filled with cars. At 6:00 a.m. the refrigerator tracks deliver fish. He stated to take into consideration that the Fishery has traffic and delivery tracks as well. Heather Taylor, 7422 Tehan Court, was concerned about noise and sound. She felt kids would create twice the noise because it would bounce off the sound wall. She was concerned about the lighting coming from Rite Aid. At the minimum level, the reflection would be a problem. Bedrooms are upstairs with skylights and the lights will be on 24 hours per day. She felt property values would be decreased because of the bright lights. She felt the left-hand turn lane is too short and had a concern about the safety of her son crossing the street. She also has a concern with the earthquake fault being there. It could be bad business if an earthquake hit and the children were hurt; the City of Dublin would be at fault. Tom Clark, wondered if the people could get together to see if something else could be done to have the same effect as a gate. There may be some way to make it uninviting for cars to turn into the complex. Judy Applegard, 7227 Cronin Circle asked if the project has to have an entrance and exit onto Amador Valley Blvd. Mr. Davis said there is a limited amount of access that the City can allow for the site because of the raised median on San Ramon Road. The City has a minimum distance from the intersection of 150 to allow for the stacking of cars and for circulation. Ms. Applegard thought the minimum access was 50 feet. Mr. Davis stated the 50 feet is in reference to a gated community to allow for stacking inside the complex. The 150 feet is for driveway access that comes offa project into a public right of way. Planning Commission 34 March 9, 1999 Regular Meeting Nina Wixson, said everyone will be trying to go out that same intersection from the Strouds Plaza and from KinderCare competing for the same space. Mr. Davis said the City has asked the developer to donate road and improve it to meet the standards. There is a condition that states from San Ramon Road to the commercial site, there will be a commercial grade access for the project and for the existing Strouds Plaza. Ms. Applegard, stated that Mr. Davis was referring to the driveway opposite into Strouds; but there is a second driveway into Strouds near Country Waffles which is lower. She asked if the City could approve a driveway opposite the second driveway into Strouds near Country Waffles. Mr. Davis said that driveway is substandard and the City would not allow that at this particular time. The City wants a minimum distance of 150 feet from the intersection to the first drive way. Ms. Applegard asked what he meant by substandard. Mr. Davis stated that this condition right now is not what the City would allow with the development that will occur. Ms. Applegard asked why that driveway was allowed before in Strouds. Cm. Jennings clarified that is not the reason for tonight's meeting. The driveway is there and the City is not in the position to have it closed. She stated that the driveway will not work in 1999 or 2000 and the standards may have changed. Ms. Appleguard stated that she feels that everything the residents at Kildara are being told is for convenience of the development. She stated that comer has been an eyesore and was an eyesore when the hardware store was there and the City allowed it to be an eyesore for many years. She stated that the City does not realize the traffic problem this project will cause. Cm. Jennings asked staff to explain why the driveway is substandard. Cm. Johnson asked staff to go over the detail of the traffic study. Mr. Davis stated the City has a standard procedure for an applicant to put up money for a traffic study. The City retains a consultant and he will look at traffic with all the adjacent areas. The consultant will study the existing condition, plus the proposed development in the area and then determines the signals and the impacts on the whole area. All the areas have been reviewed and all the signalization with modifications will still suffice a satisfied level of operating in the City of Dublin. Web Schoefer, questioned that once the community is gated, would the roads become a private road? Also deliveries to the Kildara community would be harder to do. Staff responded that the road is already a private road. Planning Commission 35 March 9, 1999 Regular Meeting Cm. Jennings asked why Kildara was not considered in the traffic study. Mr. Davis said the traffic study is done at the intersections, indirectly Kildara was considered. The traffic generated off the site would travel into those intersection areas. Cm. Musser asked if Kildara's traffic was included in the traffic study as well as other neighborhoods in the area. Mr. Davis responded yes, it was considered. Mr. Clark stated that the traffic that gets to and from the project was not considered. Cm. Hughes asked if the road coming out of the project is divided with double yellow lines. Mr. Davis said that the City has not gotten to that stage. The consultants have come up with some recommendations but the City has not determined the type of divider. Cm. Hughes said he heard people say that KinderCare and Rite Aid patrons would have to turn right when exiting onto Amador Valley Blvd. which is not tree. Unless there is an island there, which is not being anticipated, or line delineation that will prevent a left-hand turn, traffic would not have to turn right, vehicles will not turn right. The comment about traffic coming out of Strouds and traffic coming out of Rite Aid both heading east on Amador, both turning at exactly the same time will not have any negative impact because there are two lanes. Mr. Clark stated that as soon as someone discovers that they can take a short cut up to Dublin Boulevard through the complex they wouldn't take the alternate route. Cm. Hughes said he understands what he is saying. Assuming that this problem exists it is not because of Rite Aid, but exists because of whatever reason people have to go through the complex. The City can and should mitigate problems where they can, but private property has an obligation to do the same thing. There are ways the homeowners association can mitigate this problem. He stated that what he is hearing from the residents is Rite Aid should be responsible for mitigating the problem and the homeowners association should have no responsibility. Or he is heating that the project should not go forward. Ultimately a project is going to come in whether it is this project or another project. The traffic is going to be there. Why should the City impose upon someone who wants to build property the expense of having to mitigate a problem that predates this, and the homeowners association has never made an effort to mitigate it. Mr. Clark said the homeowners have addressed the problem and that is why there is a speed bump there. There has been discussion with board members on other solutions. He stated that they have thought about the problem but now they will have an increase in trip with this project. He does not think gates are the answer but maybe something architecturally. Mr. Russell said the issue is the City is creating a use here. Ifa normal facility were placed there it would not create an impact on the Kildara project. If there are people who are desperate to drop their kids off, and desperate to cut comers, that is forcing people to go through the Kildara project. Planning Commission 36 March 9, 1999 Regular Meeting Mr. Sweeny stated that most of the people are not familiar with the intersection and they end up through the complex. Cm. Hughes asked how has the homeowners association been responsible for their own traffic. Mr. Russell stated they have stop signs, speed bumps and enough to deal with the situation as it exists now. He felt more studies are needed. Mr. Smith pointed out if the intersection was in an undeveloped area; this 27,000 square feet would not make a difference. Mr. Sweeny said daily people are unfamiliar to the intersection and end up turning around. Their fear was that the problem would last forever. He agreed whatever went there would create the same issues. Ms. Defasio, said RiteAid's 24 hour service would be convenient for some people, but what about some convenience for the Kildara residents? Cm. Jennings asked if there are signs at the entrance to Kildara stating they are private streets. Ms. Defasio responded there are "No Soliciting" and "Private Property" signs. Cm. Jennings asked how long have people been using the short cut through the Kildara property. Ms. Defasio stated she has been living there 4 years and it has been an issue since she moved in. Mr. Sweeny referred to the site plan to clarify the driving route to the Dublin Fishery. Mr. Davis agreed with Mr. Sweeny's route he pointed out. Cm. Johnson asked about the anticipated traffic for Rite Aid's drive up window between the hours of 11:00 p.m. to 2:00 p.m. Mr. Smith said it is a new concept for Rite Aid so there isn't any documentation on that. The drive through is only for prescriptions that have been phoned in. He stated that most people pick up their prescriptions between 5:00 p.m. and 9:00 p.m. Cm. Jennings read the speaker slips to see if anyone else wished to speak. She asked if anyone had any other questions; hearing none she closed the public hearing. She stated that there would be a 5-minute break. When the Planning Commission resumed, all Planning Commission members were present. Cm. Johnson asked to look at the traffic flow. He felt a majority of the traffic going south would use the driveway off San Ramon Road. He commended staff for doing an outstanding job of studying and setting up the project. Planning Commission 37 March 9, 1999 Regular Meeting Cm. Hughes stated that the wall that separates Kildara is 8 feet on the Kildara side, but 4-feet on the KinderCare side. He asked if it is anticipated that when measuring 8-feet it is on the daycare side. The suggestion of having an 8-foot wall to mitigate sound makes sense from the daycare side. Mr. Davis said staff can look at that. Mr. Peabody stated that there is not a condition to raise the wall to 8-feet. He suggested adding a condition that requires an 8-foot wall on the daycare side and it will be done. Cm. Johnson asked if the property will be graded to street level. Mr. Davis said that has not been addressed yet and will come later. Cm. Johnson stated it should be added to the conditions. Cm. Jennings asked if another condition could be added to address the delivery times. Ms. Cirelli said yes. There was a discussion about the delivery times. It was agreed that the delivery times would be from 7 a.m. to 9 p.m. Cm. Oravetz said when Cal-Trans put the sound wall up along 680 they thought it was great. Then the complaints came later because the noise bounced into the back yards. He was not sure if an 8-foot sound wall would be adequate. He felt the traffic would be increased 12 fold. He said those issues were all good issues, but he felt there were some questions not answered tonight. The question of property values, children safety, lighting, and a black hole in the old building. Cm. Johnson said Rite Aid said they already have a tenant to fill the black hole. They are already going to move and lease the space. Cm. Jennings asked Cm. Oravetz if he is asking to have the item continued. Cm. Oravetz stated he is opposed to the project. Cm. Hughes stated he would like to make a motion to adopt the project. Cm. Johnson seconded the motion. Cm. Jennings asked if there needed to be a discussion on the motion. Cm. Oravetz stated that he spent a year on the downtown task force and one of the reasons they met was because of the downtown businesses moving to the east. He does not feel this is solid City planning. Planning Commission 38 March 9, 1999 Regular Meeting Cm. Johnson stated that speaking about black holes in downtown Dublin is negative thinking and should not apply to this particular case. Rite Aid stated they are looking at another tenant. If they don't move to this location and be a business in Dublin, having a long-term lease does not mean they won't leave the location they are in. He would rather see Rite Aid move and lease that space to another retail unit. He thinks the downtown area will be sound in the future if they continue to build Dublin as they have. Cm. Jennings stated that it appears that a lot of the concerns brought up with exception to the noise and the traffic was decided verbally with the developers and the applicants. She asked staff if we need to vote on all 4 resolutions tonight. Mr. Peabody suggested that if they want to discuss the issue further, the motion will need to be withdrawn from the floor and start out with something new. He did not recommend splitting the motion. Cm. Jennings asked Cm. Hughes if wished to withdraw his motion. Cm. Hughes responded no. Cm. Johnson stated that their recommendation is to the City Council and nothing will happen for two more weeks. If Rite Aid wants to talk with the residents at Kildara, they have two weeks to solve the issues discussed tonight. The City Council will make the final decision and suggested voting on the issue. Cm. Hughes stated that the suggestion that Mr. Clark made about changing the front of Kildara that would make people less inclined to go there may be something to consider. Cm. Jennings stated for the record that there was some effort made to get together with the Kildara residents but there was a timing constraint, which kept them from meeting. On motion by Cm. Hughes, seconded by Cm. Johnson, with changes to the delivery hours, changes to the sound wall to increase it to 8-feet measured from the KinderCare property and with Ms. Cirelli's changes mentioned in her presentation, with a vote of 4-1-0, Cm. Oravetz opposed to the project, the Planning Commission adopted RESOLUTION NO. 99-08 RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR PA 98-038 RITE AID/KINDERCARE SPECIFIC PLAN AMENDMENT; PLANNED DEVELOPMENT DISTRICT REZONE; CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW RESOLUTION NO. 99-09 RECOMMENDING THAT THE CITY COUNCIL ADOPT PA 98-038 RITE AID/KINDERCARE SPECIFIC PLAN AMENDMENT TO AREA 3 (SAN RAMON PROPERTIES) OF THE SAN RAMON ROAD SPECIFIC PLAN Planning Commission 39 March 9, 1999 Regular Meeting RESOLUTION NO. 99-10 RECOMMENDING CITY COUNCIL APPROVAL OF A PLANNED DEVELOPMENT (PD) REZONE / DEVELOPMENT PLAN FOR PA 98-038 RITE AID/KINDERCARE LOCATED AT 7348-7372 SAN RAMON ROAD RESOLUTION NO. 99-11 RECOMMENDING CITY COUNCIL APPROVAL OF PA 98-038 RITE AID/KINDERCARE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A +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 DAY CARE CENTER AND TO EXEMPT PARKING REQUIREMENTS FOR THE DAY CARE CENTER LOCATED AT 7348-7372 SAN RAMON ROAD Mr. Peabody stated the item will go before the City Council on April 6th. He discussed the planning schedule and the Planners Institute. ADJOURNMENT Being no further business, the meeting was adjoumed at 11:00 p.m. Respectfully submitted, Planning Commissi hairperso~/ ATTEST: C~n'~munity Development D~ecto~ Planning Commission 40 March 9, 1999 Regular Meeting