HomeMy WebLinkAboutOrd 17-00 PD Kindercare ORDINANCE NO. 17 - 00
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING THE ZONING ORDINANCE TO ADOPT THE PLANNED DEVELOPMENT (PD)
REZONE/DEVELOPMENT PLAN FOR PA 00-004 KINDERCARE LOCATED AT
7360 SAN RAMON ROAD (APNs 941-40-3-2; 941-40-2-3 and 941-40-2-7)
WHEREAS, the Applicant Michael Majors II on behalf of KinderCare Learning Centers, has
requested approval of a Planned Development (PD) District Rezone, a Conditional Use Permit and Site
Development Review to construct a 9,824 square foot day care center, waive a portion of the parking
requirements and voluntarily contribute traffic improvement funds in the amount of $116,928, at 7360 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 ne~v 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 n6t have a significant effect on the environment; and
wHEREAs, on April 6, 1999, the City Council did adopt a Negative Declaration for PA 98-038,
Rite Aid/KinderCare which addresses the environmental impacts of the PA 00-004 KinderCare project; and
WHEREAS, the Planning Commission did hold a public hearing on the PD District Rezone and
Development Plan on June 13, 2000, and did adopt Resolutions recommending that the City Council
approve the PD Rezone and Conditional Use Permit/Site Development Review, respectively; 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 July 5, 2000 and
July 18, 2000; and
WHEREAS, a StaffRel~ort 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
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
purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide a day care use that
is appropriate for the site, which is located within Area 3 of the San Ramon Road Specific Plan which
allows Day Care Centers with a Conditional Use Permit, 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. The Day Care Center use is 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 consist.eh,t 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
6. 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
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, convenience, and
general welfare; and
9. The Planned Development Rezone and accompanying Site Development Review and
Conditional Use Permit will be compatible ~vith and enhance the general development of the area; and
2
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 1.2 acres at 7360 San Ramon Road (APNs 941-40-2-3; 941-40-2-7; 941-
40-3-2) located at the northwest corner of San Ramon Road and Amador Valley Boulevard.
A map of the Property is outlined below:
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 (.Attachment 1.1 hereto) which is hereby approved.
SECTION 3.
This ordinance shall become effective 30 davs following its adoption.
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 18th day of July, 2000.
AYES: Councilmember McCorMick, l/ice Mayor Lockhart and Mayor Houston
NOES: Councilmembers Howard and Zika
AB SENT: None
ABSTAIN: None
ATTEST:
K2/G/7- 18-00/ord-ldndercare.doc (Item 6.1)
g:\pa00-004~r>D Ordinance - CC
4
KINDERCARE
STAGE1ANDSTAGE2
DEVELOPMENTPLAN
This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for PA 00-004
KinderCare project, located on the northwest corner of Amador Valley Boulevard and San Ramon
Road, at 7360 San Ramon Road adjacent the Kildara residential development (APNs 941-40-3-2;
941-40-2-3 and 941-40-2-7). This Development Plan meets all the requirements for Stage 1 and Stage
2 review of the project (Zoning Ordinance Sections 8.32.040. A and B).
This Development Plan consists.of a Stage I and Stage 2 Development. Plan and includes the Project Plans,
dated received March 24; and June 9, 2000, labeled Attachment 2-2 to the Ordinance approving, this
Development Plan. (City Council Ordinance No. xx - 00), 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.
The Stage 1 and Stage 2 Dev. elopment Plan meets the requirements of Sections 8.32.040.A and B and
consists of the following:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Statement o£ Proposed Uses
Stage 1 and Stage 2 Site Plan
Site Area/Densities
Phasing Plan
Preliminary Landscaping Plan
General Plan and Specific Plan consistency
Inclusionary Zoning Ordinance
Development Standards
Architectural Standards
Dublin Zoning Ordinance - Applicable Requirements
Public Facilities Fee
Compliance with Related Planning Approvals
STAGE 1 AND STAGE 2 DEVELOPMENT PLAN
1. Statement of proposed uses:
Permitted Uses
Day Care Center
Conditional Uses
All other Permitted and Conditional uses as established by the San Ramon Road Specific Plan.
ATTACHMENT 1.1
o
o
Stage 1 and Stage 2 Development Plan:
Project Plans (Attachment 2-2 to the Ordinance)
Site Area/Densities: The maximum square footage of the proposed KinderCare development for
the parcels covered under this Development Plan (as shown on the site plan contained in
Attachment 2-2, Development Plan), are as follows:
KinderCare:
+1.2 acres
9,824 square foot building
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 Dir. ector.
Preliminary Landscaping Plan: Refer to attached landscaping plans included in Attachment 2-2,
Development Plan, sheet X-4.
General Plan and Specific Plan Consistency: The project is consistent with the Retail/Office
Designation of the General Plan and with Area 3 of the San Ramon Specific Plan with approval of a
Conditional Use Permit.
Inclusionary Zoning Ordinance: This project is not a residential project and is not subject to the
Inclusionary Zoning Ordinance.
Development Standards:
Lot Size: 52,000-sq. ft. minimum
Lot Width and Frontage: 170 feet minimum-
Lot Depth: 250 feet minimum
Front. Rear and Side Yard Setbacks: See the C-I, Retail Commercial Zoning District setback
regulations, Chapter 8.36.030 of the Zoning Ordinance.
Buildin~ 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 Attachment 2-2, Development
Plan, as approved through the related Site Development Review and Conditional Use
Permit for PA 008-004. Alt drive aisles and fire lanes shall be kept clear at all times.
Architectural Standards:: See Project Plans (Attachment 2-2). Any modifications to the project
shall be substantially consistent with these plans and of equal or superior materials and design
quality.
10.
11.
12.
Dublin Zoning Ordinance - Applicable Requirements: Except as specifically moditSed 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-1,
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.
Public Facilities Fee - The developer shall pay a Public Facilities Fee in the amounts and at the
times set forth in City of Dublin Resolution No. 60-99, adopted by the City Council on April 6,
1999, or in the amounts and at the times set forth in any resolution revising the amount of the Public
Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. A
preschool is determined to be an industrial use which will result in the lowest 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 00-004.
G:\pa00-004\Development Plan