HomeMy WebLinkAbout09-05-1989 Item 8.1 PA89-075 Goodwill Industries CUPCITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: September 5, 1989
TO: Planning Commission
FROM: Planning Staff
REPORT PREPARED BY, Rod Barger, Senior Planner
SUBJECT: PA 89-075 Coodwill Industries Conditional Use
Permit
GENERAL INFORMATION:
PROJECT: Conditional Use Permit request to establish a
Goodwill Donation Station trailer in the parking
lot of the Payless Store located at 7333
Regional Street
APPLICANT/REPRESENTATIVE: Goodwill Industries
c/o Mike Flynn
1301 30th Avenue
Oakland, CP. 94601
PROPERTY OWNER: Lloyds Bank: of California
Property Account #4245
9275 S.W. Peyton Lane
Wilsonville., Oregon 97070
LOCATION: 7333 Regional Street
ASSESSOR PARCEL NUMBER: 941-305-16
PARCEL SIZE: 5.41 acres
GENERAL PLAN
DESIGNATION: Commercial/Industrial - Retail/Office
EXISTING ZONING
AND LAND USE: C-1/Retail Business District
Payless Shopping Center Site
SURROUNDING LAND USE
AND ZONING: North: Retail/Commercial - C-1
South: Retail/Commercial - C-1
East Retail/Commercial - C-1
West Ret:ail/Commercial - C-1
ZONING HISTORY:
On December 3, 1969, the Alameda County Planning Department approved
Tentative Map #3135 and Site Development Review, S-293, for the Dublin Plaza.
The shopping center has nine lots, each of which has its own owner. Common
rights of access are provided for each panel to allow cars to drive across
parcel lines and share parking spaces.
In January 1971, the Board of Supervisors also granted building code
variances to the developers of the center to allow 1) buildings to be closer
to the property lines than was allowed by the building code; 2) that these
buildings could have openings in them (for doors and windows) that were closer
to the property lines than allowed; and 3) that covered walkways could connect
the buildings, where the building code required fire separations which would
not have allowed connected walkways.
COPIES TO: Applicant
Owner
ITEM NO. • File PA 87-075
On March 28, 1983, the Dublin City Council granted approval at the same
building code variances mentioned above as well as a 105 space parking
variance (PA 82-013).
APPLICABLE REGULATIONS:
The Downtown Dublin Specific Plan establishes policies and standards to
control development within the downtown area.
Section 8-48.2 q) of the Dublin Zoning Regulations (Conditional Uses)
states that the C-1 Districts allows "recycling centers when operated in
conjunction with a permitted use on the same premises" subject to approval of
a Conditional Use Permit.
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 peformance standards established for the district
in which it is located.
Section 8-94.4 states the approval of a Conditional Use Permit may be
valid only for a specified term, and may be made contingent upon the
acceptance and observance of specified ccnditions, including but not limited
to the following matters:
a) substantial conformity to approved plans and drawings;
b) limitations on time of day for the ccnduct of specified activities;
c) time period within which the approval shall be exercised and the proposed
use brought into existence, failing whicl, the approval shall lapse and be
void;
d) guarantees as to compliance with the terms of the approval, including the
posting of bond;
e) compliance with requirements of other departments of the City Government.
ENVIRONMENTAL REVIEW: This project has been found to be Categorically
Exempt under Section 15303 of the California
Environmentzl Quality Act Guidelines
NOTIFICATION: Public Notice of the September 5, 1989, hearing was
published in the newspaper, mailed to adjacent property owners, and
posted in public buildings.
ANALYSIS:
The Applicant is requesting approval of a Conditional Use Permit to
allow a Goodwill Donation Station in the parking lot of the Payless Store
located at 6333 Regional Street. Attachment 1 shows the location of the
facility- on the site. The donation station consists of a blue and white truck
trailer standing 12 feet in height, 25 feet in length and 8 feet in width.
Attachment 2 shows elevations of the truck trailer. Goodwill proposes as a
primary use of this facility, the collection of glass, aluminum, and plastic
for the purpose of recycling these materials (at another location outside of
Dublin). As a secondary activity, Goodwill also proposes to collect used
clothing and household items from this facility.
As proposed, the location of the facility would take up approximately
four parking spaces on the Payless site, all of which are rarely used and
somewhat out of the way of the more intensely utilized main portions of the
site.
The City's Zoning Ordinance does not list a specific category for this
use, however, the use is considered similar to a recycling center, which
requires a Conditional Use Permit.
-2-
The proposed use appears to be inappropriate for the property for the
following reasons:
1) 20/20 Recycling Centers presently has in operation at the
Albertson's parking lot (directly adjacent to the Payless site), a
recycling center which specifically collects aluminum, glass and
plastic for recycling purposes. Allowing the Goodwill facility to
be located in the Payless parking lot could result in an unnecessary
over-concentration of two donation stations providing the same
service within the same vicinity.
2) Goodwill presently operates a store in the Shamrock Village Shopping
Center just across Amador Valley Boulevard (to the north) from the
Payless site. In addition, they operate a Goodwill donation station
truck on that site for the purposes of collecting used clothing and
household goods. The close proximity of this Goodwill store and
donation station in the Shamrock Village Shopping Center to the
Payless site could result in an over-concentration of Goodwill
facilities in the immediate vicinity.
3) The donation station would be highly visible from Regional Street.
This would not be conducive to creating a positive image of the
City.
4) The Downtown Dublin Specific Plan (excerpts included as
Attachment 3) sets forth polices for the subject site. This
project does not comply with the following policies:
a. The project does not impro,re the visual appearance of the
downtown area.
b. The project does not provide landscaping as a buffer nor as an
attractive urban design feature.
c. The project does not improve relationships between land uses in
the area.
d. Retail land uses are encou:.aged in Zone 6 of the Downtown Dublin
Specific Plan. The proposed use does not fit into this land use
category.
Because Staff feels allowing this use could result in an over-
concentration of donation facilities in :he immediate vicinity and because the
proposal might not comply with the standards of the Downtown Dublin Specific
Plan, it is recommended that the Plannin;; Commission deny this Conditional Use
Permit request.
RECOML IENDATION :
FOR`LNT: 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 draft Resolution denying Conditional Use Permit PA
89-075 Goodwill Industries Donation Station, or give Staff
and Applicant direction and continue the matter.
ACTION: Staff recommends that the Planning Commission adopt the Resolution
denying PA 89-075 Conditional Use Permit for Goodwill Donation
Station.
ATTACHMENTS:
Exhibit A: Resolution of Denial
Back round Attachments:
Attachment 1: Site Plan
Attachment 2: Elevations
Attachment 3: Excerpts from the Downtown Dublin Specific Plan as they
apply to this proposal
Attachment 4: Zoning/Vicinity Map
-3-
RESOLUTION NO. 89 -
A RESOLUTION OF THE PANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------------------------------------------------
DENYING PA 89-075 GOODWILL INDUSTRIES DONATION STATION CONDITIONAL USE PERMIT
REQUEST, PAYLESS PARKING LOT, 7333 REGIONAL STREET
WHEREAS, Michael Flynn, representing Goodwill Industries, filed an
application for a Conditional Use Permit to locate a 25-foot long truck trailer
for a donation station in the Payless parking lot at 7333 Regional Street; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and is
categorically exempt; and
WHEREAS, the Planning Commission held a public hearing on said
application on September 5, 1989; and
WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, the Staff Report was submi--ted recommending that the application
be denied; and
WHEREAS, the Planning Commission heard and considered all said reports,
recommendations and testimony hereinabove set forth; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby find that:
A. The use is not required by the public need at the proposed location in
that a Goodwill Donation Station would result in an over-concentration of
Goodwill donation facilities in the area.
B. The use is inappropriate for the si--e in that a 20/20 Recycling Center
carrying out similar activities to --he proposed Goodwill donation
station, presently exists within the same vicinity.
C. The use, if permitted under all circumstances and conditions of this
particular case, would materially affect adversely the health or safety
of persons residing or working in t:le vicinity, be materially detrimental
to the public welfare and injurious to property or improvements in the
area, as all applicable regulations will not be met.
D. The use will be contrary to the specific intent, clause or performance
standards of the Downtown Dublin Specific Plan in that:
1. The project does not improve visual appearance of the downtown
area.
2. The project does not provide landscaping as a buffer nor as an
attractive urban design feature.
3. The project does not improve relationships between land uses in the
area.
4. Retail land uses are encouraged in Zone 6 of the Downtown Dublin
Specific Plan. The proposed donation station does not fit this
land use category.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission denies the
Conditional Use Permit request in PA 89-075.
PASSED, APPROVED AND ADOPTED this 5th day of September, 1989.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
Planning Director
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ATTACHMEKT?
City of Dublin
Dublin
Downtown
SpPecif l ic
. Adopted by the City Council
on July 21, 1987
MEWW:UR=STERN BERNARDI AND EMMONS/ l?
a,
A Dublin "Restaurant Row" with restaurants, specialty shops,
entertainment uses and second story offices is encouraged
along Amador Plaza Road.
I
tithe special requirements ar
visual appearance f downtown
areas an encourage increased
projects.
Central Block Improvements
protec adjacent residential
pedestrian connections among
A conceptual plan is suggested for review and discussion by
property owners and merchants located within the major
central area of Downtown Dublin. The plan encourages
greater vehicular and pedestrian access among the various
portions of the block, a clearer identification of entries
from adjacent streets, and additional landscaping to improve
the visual environment. It further encourages
intensification of development by the selected infill of
buildings where a substantial oversupply of parking spaces
exist.
A major feature of the concept is the potential for creating
a structure and/or plaza space for a combination of public
and private use. Since the downtown area does not currently
contain an area where public events can be held, this
element of the concept could assist in creating a greater
civic focus within the area for the benefit of both city
residents and downtown businesses.
Urban Design Improvements
The image and identity of downtown with the City of Dublin
will be enhanced by a series of public urban design
improvements which will be complementary to those recently
imo_lemented by the city. They will consist of improvements
to major downtown entries, the creation of continuity theme
elements located in the medians of the major boundary
streets, entry pylons to major projects and landscape and
pedestrian amenity improvements along the proposed Dublin
"Restaurant Row".
Designs will emphasize colorful banners which may be changed
seasonably to support downtown promotional efforts and will
utilize the repetition of a Downtown Dublin logo.
Implementation and Funding
The Specific Plan implementation and funding.. strategies
emphasize a public/private partnership, which includes
flexibility and the utilization of a:variety of funding
sources and methods. Costs of implementing the improvements
and programs for which some certainty of interest and scope
2. SPECIFIC PLAN POLICIES
® A. GENERAL
1) The emphasis of Downtown Du;:)lin upon regional retail
uses shall be maintained.
2) Improved relationships among downtown developments
shall be encouraged and required.
3) Contingency plans to insure the retention of automobile
dealerships within the City of Dublin shall be
prepared.
4) The city shall seek to enhance the image of Downtown
Dublin as a source of comml.nity pride.
B. CIRCULATION
1) The city shall consider the location of a BART
station in the downtown area after evaluating the
actual impacts of the Park-and-Ride facility and
estimated impacts of a transit station.
2) Circulation improvements wall be limited to normal
street and intersection improvements without
extraordinary elements such as elevated fly-overs or
similar measures.
3) Downtown development shall not de?end upon additional
- freeways ramps from interstate highways.
4) Emphasis shall be placed upon the improvement of
downtown pedestrian circulation where appropriate.
5) The quantity of future development in the downtown area
shall be limited to a level consistent with a realistic
and affordable level of circulation improvements.
6) An annual report shall be prepared for the City Council
on downtown traffic conditions at least annually to
determine whether any future development limits or
controls are necessary.
7) Internal vehicular and pedestrian circulation among
adjacent projects shall be encouraged.
g) The city shall work with regional transit agencies and
will-consider all regional transportation programs
which might have positive impacts upon Downtown Dublin.
g) The city shall consider plans which propose new points
of access to San Ramon Road.
10
An increase of height over a portion or all of the site
up to that specified in the--Development Standards section
of this report may be granted if the city finds that such
t
d
jacen
an increase would not be detrimental to a
residents.
ll) The city shall seek the creation of a downtown plaza
space for joint public and private uses.
E. URBAN DESIGN
1) Additional public improvements within the downtown area
shall be used to identify the area more strongly with
the City of Dublin.
2) The city shall require ade3uate landscaping between
sidewalks and parking lots.
3) The city shall encourage and require a high level
building, landscaping and signing quality.
c) Properties adjacent to the freeways shall be required
to adequately landscape the edges cf their property as
part of any development approval.
:Z) The use of tar and gravel roofs shall be discouraged.
6) Substantial areas cf sloped rocfs shall be encouraged.
7) The use of colorful fabric awnings shall be encouraged.
8) A strong pedestrian environment shall be encouraged
along Amador Plaza Road.
9) Uses along San Ramon. Road shall be encouraged to increase
their orientation toward that street and to implement
appropriate building and landscape improvements.
F. IMPLEMENTATION AND FUNDING
1) Implementation of the Downtown Dublin Specific Plan shall
be considered a joint pub:.ic and private sector effort.
The city shall re-evaluate the plan implementation
progress annually to dete::mine whether private sector
participation and coopera"=ion warrants the continuation
of projected public funding levels.
2) The city shall consider tie establishment a city-wide
Business License Fee Program.
3) The city shall esta:)lish a Traffic Monitoring Program to
periodically assess current and projected traffic impacts
and shall take appropriate actions to revise the downtown
or other area clans to maintain traffic congestion at
levels acceptaable to the city.
12
4. DEVELOPMENT PLAN
A. LAND USE PLAN
1) OVERVIEW
Downtown Dublin includes a mix of retail stores,
offices, restaurants, auto dealerships, warehousing and
auto-oriented retail and service establishments as
shown on Diagram 8. Occupancy rates are high and the
area has performed well economically over recent years.
However, two major downtown retailers have recently
moved from the area and competition is increasing in
the Tri-Valley Area where Downtown Dublin is being
challenged by new retail and office areas which have
been planned as integrated developments with carefully
interrelated parts, a high degree of visual appeal,
well-design ommon areas nd subs D
r?,e ' ies. Downtown u lin, while containing a good
f retail and service'uses to attract shoppers,
fficient in these fec.tures and suffers
antially from a development pattern which lacks
and offers little in the way of visual appeal
In addition, one of Downtown Dublin's greatest assets -
the ease of reaching the area by car and moving quickly
among the various downtown areas is being threatened by
increased freeway and local street congestion. If
Downtown Dublin is to con:inue to function as a strong
retailing center, development controls are necessary to
avoid the creation of a level of traffic congestion
which would discourage shoppers from patronizing the
area.
Improvements contained in the Circulation Plan should
allow reasonable traffic conditions for a new regional
transit facility, a hotel and approximately 675,000
square feet of additional development. Market
projections have indicated the likely demand for around
500,000 square feet of new development over the next 15
years. (See Item F, A Summary of Estimated Market
Demand, in the Appendix.)
Finally, some areas of downtown, such as the auto
dealership properties, are susceptible to future major
land use changes and need special attention.
The primary objectives o` the Land Use element of this
specific Plan are shown on Diagram 9 and summarized as
follows:
a) Encourage the retention of automobile dealerships
but develop contingency plans for their potential
relocation.
25
I' j/ `J \\, ? I ?? l i
fA,,
Iwo
ludik Development Zones Ma.p
DUBLIN DOWNTOWN PLAN;
DUBLIN, CALIFORNIA
29 Diagram 10
Zone 3' Regional Transit fixed Use
® Identified as a site initially for BART's Park-and-
Ride parking lot and later for parking related to a
potential BART station in the I-580 median, this
area is difficult to develop in the interim for high-
quality commercial uses because of its relative
isolation from Dublin Boulevard.
A mix of uses integrating commercial uses similar to
Zone 4 and transit-related parking will be encouraged
in this location. Limitations on the quantity of
commercial development will be necessary in recognition
of the Dublin Boulevard and Dublin Boulevard/San Ramon
Road intersection traffic capacity limitations.
Zone 4: Planned mixed Use
This area will be devoted to a wide mix of uses
including retail, office, hotel, restaurant and
commercial recreation facilities. Internal pedestrian
linkages within the area and related to adjacent zones
will be encouraged and required. Contingency plans for
the integration of the existing automobile dealership
property into the complex will be developed to insure
compatibility should the dealerships relocate at some
time in the future.
Zone 5: San Ramon Road Retail
Currently oriented almost: exclusively to Regional
Street, uses in this area will be encouraged to
increase their presence on San Ramon Road to improve
visual appearances along that frontage. Proposals
which provide new access to San Ramon Road will be
considered. Pedestrian linkages to Zone 5 will be
encouraged. Uses will cJntinue as a mix of retail and
commercial services.
A continuation of current retailing and service
commercial uses will characterize this zone.
Improvements to zone entries, internal circulation and
parking lot landscaping will be strongly encouraged.
Zone 7: Central Block Fast Mixed Use
currently occupied by a mix of retail, service,
restaurant and entertainment uses, this zone will be
encouraged to develop additional specialty retail uses
and additional restaurants. along its eastern edge to
create a Dublin "Restaurant Row". As in Zone 5
® improvements to entries, internal circulation and
parking lot landscaping will be strongly encouraged.
30
In recognition of the goals of this specific plan
® the General Plan and Specific Plan will be
reconciled as shown on Diagram 12-
5) ZONING ORDINANCE MODIFICATIONS
The City of Dublin Zoning Ordinance will be amended to
allow properties within Downtown Dublin to be
designated as part of a Downtown Overlay Zoning
District to supplement the current zoning designations.
Land uses, development standards and interim uses will
be as outlined in the Development Standards for each
Downtown Development Zone and thesupporting diagrams
outlining special recuirenents. The Zoning Ordinance
and map will be changed to implement the purposes of
the downtown.S?ecific Plan.
To the extent that such chances are adopted as part of
viewed and approved as
b
e re
the Specific Plan, they will
dures for amendment of the
part of the regular proce
Zoning Ordinance.
Permits for new construction and other property
rmance with the
f
o
improvements will be subject to con
the recuirements of both the
Specific Plan, and to
district and the overlay zone, or the more
i
ng
underly
restrictive of the two.
Where a subject is not addressed by the overlay zone, the
dinance will remain
O
r
existing provisions of tae Zoning
in effect.
5) DEVELOPMENT STANDARDS
In order to tailor land uses and development
re clcsely to the goals and needs or
characteristics mo
special Development Standards will
Dublin
,
Downtown
govern future chance within the downtown area. Table C
and building
tensity
i
,
n
contains land use, development
tandards. An increase to the maximum building
height s
height and maximum floor area r=atio for a specific
sidered through a Planned
development proposal may be con
Development rezoning process.
For the purposes of these standards, "service commerci=al"
the ground floor of
d
on
uses which are to be locate
to be interpreted as businesses which are
structures are
atible with and strongly supportive of the primary
com
ld b
p
e
downtown retail character. Uses which wou
tail continuity or which
re
substantially disruptivj
e inappropriate to thls and policies of this
?
j
ar
llowed
a
be
Specific Plan will not .
lowing standards shall apply to all areas of the
The fol
downtown:
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