HomeMy WebLinkAboutItem 8.1 PA 90-130 Pet Gallery CUPTO:
FROM:
PREPARED BY:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: February 4, 1991
Planning Commission
Planning Staff
David K. Choy, Associate Planner
GENERAL INFORMATION:
PROJECT:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
DOWNTOWN SPECIFIC
PLAN DESIGNATION:
EXISTING ZONING
AND LAND USE:
0,
PA 90-130 Pet Gallery Conditional Use Permit
request at 6916 Village Parkway
Conditional Use Permit request to allow the
establishment of a kennel/pet grooming
business, involving between 30 and 40 dogs
per day. Pets will not be kept overnight
within the facility.
G. C. Bewall
P. O. Box 9
Diablo, CA 94528
Alcosta Associates
400 Main Street, #205
Pleasanton, CA 94566
6916 Village Parkway
941-210-8
1.1 Acres
Retail/Office and Automotive
Development Zone No. 10/
Village Parkway Mixed Uses
C-2-B-40, General Commercial Combining
District/Multi-Tenant Office Complex
ITEM NO. v. 1
COPIES TO: Applicant
Owner
Address File
PAGE _.1.._ OF. U
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
C-1889,
V-4489:
S-275X, C2040
& V4854:
C-3568:
North: C-2-B-40, General Commercial
Combining District/Multi-tenant
Office Uses
South: C-2-B-40, General Commercial
Combining District/Retail Uses,
Automotive Repair Shop
East: C-2-B-40, General Commercial
Combining District/Retail Uses,
Post Office
West: I-680
The Alameda County Board of Supervisors approved a
Conditional Use Permit to allow professional
offices within a newly constructed multipurpose
building of approximately 6500 square feet. A
Variance was also concurrently approved, allowing
the side yard to be reduced from the required 20
feet to 10 feet.
On July 16, 1969, the Alameda County Planning
Commission approved Site Development Review,
Conditional Use Permit and Variance to allow
construction of an approximate 7,000 square foot
addition to an existing complex of commercial
spaces. Most of the addition was to be utilized
by the Alameda County Library Department for use
as the branch library serving the Dublin area.
The Variance was granted to allow a reduction in
the number of required off-street parking spaces,
to locate nine spaces within the front yard and to
reduce the side yards from the required 20 feet to
10 feet.
On April 18, 1979, the Alameda County Zoning
Administrator approved a Conditional Use Permit to
allow a conditioning center/health club for men
and women.
APPLICABLE REGULATIONS:
Section 8-49.2 of the Dublin Zoning Ordinance states that
kennels, which is defined as any premise where more than six (6)
dogs or more than twelve (12) cats, over the age of weaning are
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PAGE - OF
boarded, kept or otherwise maintained, require a Conditional Use
Permit in order to be located within the C-2 District.
Section 8-94.0 states that conditional uses must be analyzed
to determine: 1) whether or not the use is required by the public
need; 2) whether or not the use will be properly related to other
land uses, transportation and service facilities in the vicinity;
3) whether or not the use will materially affect the health or
safety of persons residing or working in the vicinity; and 4)
whether or not the use will be contrary to the specific intent
clauses or performance standards established for the district in
which it is located.
ENVIRONMENTAL REVIEW: This project has been found to be
Categorically Exempt from CEQA under Section 15301, Class 1 of
the California Environmental Quality Act guidelines.
NOTIFICATION: Public Notice of the February 4, 1991 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
BACKGROUND:
The kennel/pet grooming business is currently in operation
at the subject site without benefit of an approved Conditional
Use Permit. The Applicant previously conducted his business
within a tenant space at 6614 Dublin Boulevard and was informed
by the Zoning Investigator that a Conditional Use Permit is
required to operate a kennel within the C-2, General Commercial
District. The Applicant then relocated his business to the
current tenant space at 6916 Village Parkway and again began
operation without an approved Conditional Use Permit.
The Applicant was issued a Warning Notice by the Zoning
Investigator on January 15, 1991, for operating the kennel/pet
grooming business without first obtaining a valid and approved
Conditional Use Permit or Business License. The Warning Notice
granted the Applicant until February 20, 1991, to secure the
proper approvals, or cease operation of the business.
ANALYSIS:
The Applicant is requesting approval of a Conditional Use
Permit to allow the establishment of a kennel/pet grooming
business within an existing tenant space at 6916 Village Parkway.
The Applicant has indicated that between 30 and 40 dogs are
handled per day. No dogs are kept overnight at this facility.
The Zoning Ordinance defines a kennel as any premise where
more than six dogs or more than twelve cats, over the age of
weaning are boarded, kept or otherwise maintained. Kennels are
allowed as conditional uses within the C-2-B-40, General
Commercial Combining District. Due to the daily number of dogs
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PAGE : OF /
handled at this site, the business is considered a kennel use
under the provisions of the Zoning Ordinance.
The Applicant must secure a City kennel license to operate a
kennel within the City. A current certificate signed by the
County Health Officer, assuring that the kennel is to be operated
in accordance with applicable law, is required prior to issuance
of a City kennel license.
The proposed kennel/pet grooming business is in compliance
with all applicable regulations of the Zoning Ordinance and the
General Plan. This project has been reviewed by other City
departments and affected agencies and their comments have been
incorporated into the draft resolution. Staff has included a
condition requiring the Applicant to control project related
noise and odor in a manner which minimizes the impacts on
surrounding businesses. Staff recommends approval of the
Applicant's request for a Conditional Use Permit, subject to the
conditions listed in the draft resolution, Exhibit B.
RECOMMENDATIONS:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt resolution relating to PA 90-130, or give
Staff and Applicant direction and continue the
matter.
ACTION: Staff recommends that the Planning Commission adopt the
draft resolution approving the Conditional Use Permit
for the Pet Gallery, PA 90-130.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Project Plans
Draft Resolution for Conditional Use Permit
Background Attachments:
Attachment 1: Location Map
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PAGE
OF
RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-130 PET GALLERY CONDITIONAL USE PERMIT
TO ALLOW THE ESTABLISHMENT OF A KENNEL/PET GROOMING BUSINESS
AT 6916 VILLAGE PARKWAY
WHEREAS, Chuck Bewall, representing the Pet Gallery filed an
application for Conditional Use Permit to allow the establishment of a
kennel/pet grooming business at 6916 Village Parkway; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on February 4, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be categorically exempt under Section 15301, Class 1 ; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The proposed project will serve a public need by providing a
facility for pet owners in need of pet grooming services.
B. The use will be properly related to other land uses and
transportation and service facilities in the vicinity, as
daytime and early evening activities will be commensurate
with present retail uses of properties in the neighborhood.
C. The use, under all circumstances and conditions of this
particular case, will not materially adversely affect the
health or safety of persons residing or working in the
vicinity, or be materially detrimental to the public welfare
or injurious to property or improvements in the
neighborhood, as all applicable regulations will be met.
D. The use will not be contrary to the specific intent clauses
or performance standards established for the district in
which it is to be located, as a kennel/pet grooming business
with limited impacts is consistent with the character of the
General Commercial District.
E. The use is consistent with the policies in the Dublin
General Plan.
ties
1111.
PAGE OF I o
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 90-130 as generally depicted by
materials labeled Exhibit A, on file with the Dublin Planning
Department, subject to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied,
with within 21 days of the effective date of this Conditional Use.
Permit approval. and shall be subject to Plannina Department review
and approval. The followina codes represent those departments/
agencies responsible for monitoring compliance of the conditions of
approval. fPL1 Plannina. fBl Buildina, 11301 Police. rPWl Public
Works, FADM1 Administration; [Fl Dougherty Reaional Fire Authority,
fDSR1 Dublin San Ramon Services District, FC01 Alameda County
Department of Environmental Health.,
1. This approval is for the establishment of a kennel/pet
grooming business, involving between 30 and 40 dogs per day.
(PL)
2. Pets are not allowed to be kept overnight within this
facility. (PL)
3. The Applicant shall comply with all provisions of Section
4.28 of the Dublin Municipal Code regarding kennels. (PL,
ADM, CO)
4. The Applicant shall secure all City licenses (Business
License and Kennel License) and County certificates within
ten days from the effective date of this approval (February
24, 1991), and every year thereafter. (PL, ADM, CO)
5. This Conditional Use Permit does not allow for vaccination
of animals within the facility. Vaccinations must be
administered by a licensed Veterinarian, and in compliance
with the California Administrative Code. (PL)
6. The Applicant shall comply with the City of Dublin Non-
residential Security Requirements (attached). (PO)
7. The Applicant shall be responsible for ensuring that project
related noise and odor is maintained in a manner which
minimizes the impacts on surrounding businesses. If
necessary, improvements to the tenant space to minimize
noise impacts shall be made to the satisfaction of the
Building Official and Planning Director. (PL, B)
8. All signs for this business shall be subject to the
provisions of the Sign Ordinance. (PL)
9. The Applicant shall comply with all applicable requirements
of the Dublin San Ramon Services District, Dougherty
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PAGE OF I
Regional Fire Authority, Alameda County Health Department
and Dublin Building Department. (DSR, F, CO, B)
10. The Applicant shall be responsible for clean up and disposal
of project related trash/pet litter to maintain a clean and
litter -free site. (PL)
11. No loudspeakers or amplified music shall be permitted
outside the enclosed building. (PL)
12. On an annual basis, the Conditional Use Permit shall be
subject to Zoning Investigator review and determination as
to the compliance with the conditions of approval. (PL)
13. This approval shall become null and void, in the event the
approved use ceases to operate for a continuous period of
one year. (PL)
14. This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any
violation of the terms or conditions of this permit shall be
subject to citation. (PL)
PASSED, APPROVED AND ADOPTED this 4th day of February, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
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