HomeMy WebLinkAboutPCReso 99-10 PA98-038 Rec CC RiteAid/Kindercare PD Rez RESOLUTION NO. 99-10
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL APPROVE A
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; 94-40-2-3; 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-l, 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 C-l) 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 held a public hearing on said application on March 9,
1999; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval
of the project; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Dublin Planning
Commission does hereby make the £ollowing findings and determinations regarding said proposed
Planned Development Rezone:
1. The Planned Development Zoning District and Development Plan (Stage 1 and 2) meet the
purpose 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
adjacent 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 adjacent residents and
children of workers in the surrounding commercial areas, and supportive of similar surrounding retail
commercial uses; and
3. The Planned Development (PD) Rezone is 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 density 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
7. The Planned Development Rezone will not overburden public services 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
8. The Planned Development Rezone and accompanying Conditional Use Permit and Site
Development Review, will create an attractive, efficient, and safe environment; and
9. The Planned Development Rezone will benefit the public necessity, convenience, and
general welfare; and
10. The Planned Development Rezone and accompanying Site Development Review and
Conditional Use Permit will be compatible with and enhance the general development of the area; and
11. 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.
BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby
recommend that the City Council approve a Planned Development Zoning District and Development Plan
for PA 98-038 Rite Aid/KinderCare, (Exhibit C-l, attached to this resolution), which constitute
regulations for the use, improvement, and maintenance of the property. Except as specifically identified
otherwise in the approved Development Plan, development and operation of land use activities within this
Rezone shall be subject to the current City of Dublin Zoning Code and to the approval of the related San
Ramon Road Specific Plan Amendment, Conditional Use Permit and Site Development Review.
PASSED, APPROVED AND ADOPTED this 9~ day of March, 1999.
AYES: Cm. Jennings, Johnson, Hughes, and Musser
NOES: Cm. Oravetz
ABSENT:
ATTEST:
Community Development Director
Planning Commissi~h Chairperson
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