HomeMy WebLinkAboutPCReso00-28 PA00-004 Rec CC Kinder Care PD RESOLUTION NO. 00-28
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 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 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, Attachment 2-1) 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, on April 6, 1999, the City Council did adopt a Negative Declaration for PA 98-038,
Rite Aicl/KinderCare which addresses the environmental impacts of the PA 00-004 KinderCare project;
and
WHEREAS, the Planning Commission held a public hearing on said application on June 13; 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 Plarming 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 following 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 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 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
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 with and enhance the general development of the area; and
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.
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 00-004 KinderCare, (Attachment 2-1, attached to this resolution), which constitute regulations for
the use, improvement, and maintenance of the property. Except as specifically identified otherwise inthe
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 13th day of June, 2000.
AYES:
Cm. Hughes, Johnson, and Musser
NOES: Cm. Oravetz
ABSENT: Cm. Jennings
Planning Commission Chairperson
ATTEST:
Community Development D~recto~t
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