HomeMy WebLinkAboutPC Reso 12-35 Concord Feed CUP RESOLUTION NO. 12-35
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR "RETAIL — OUTDOOR STORAGE" AT
AN EXISTING RETAIL STORE AT 7100 DUBLIN BOULEVARD (CONCORD FEED)
PLPA-2012-00036
WHEREAS, the Applicant, Dwight Greenhouse of Concord Feed, has submitted an
application for a Conditional Use Permit to allow permanent outdoor display (Retail — Outdoor
Storage) at 7100 Dublin Boulevard within a portion of the Dublin Crossroads Shopping Center;
and
WHEREAS, Concord Feed, a retail store, is located on a parcel that has a General Plan
Land Use Designation of Retail/Office and is located in the C-2 (General Commercial) Zoning
District; and
WHEREAS, "Retail — Outdoor Storage" is the outdoor storage and sales of materials for
"Retail — General" Use Types and is subject to approval of a Conditional Use Permit by the
Planning Commission in the C-2 Zoning District; and
WHEREAS, the Applicant submitted a complete application for a Conditional Use Permit
for "Retail — Outdoor Storage"; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to CEQA, Staff is recommending that the Conditional Use Permit
for "Retail — Outdoor Storage" for Concord Feed be found exempt from CEQA pursuant to
Section 15301 (Existing Facilities); and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Conditional Use Permit request; and
WHEREAS, the Planning Commission held a public hearing on said application on
September 25, 2012; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission
does hereby make the following findings and determinations regarding the Conditional Use
Permit application:
A. The proposed use and related structures is compatible with other land uses,
transportation and service facilities in the vicinity in that: 1) the Project is compatible with
the existing retail store which is a permitted use in the C-2 Zoning District; 2) the
merchandise stored outdoors consists of uniform bags of feed and other materials
displayed on pallets, which is also available inside the retail store; and 3) existing
transportation and services facilities are adequate to serve the retail store and additional
demand will not be placed on them with the establishment of outdoor display of
merchandise.
B. It will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and welfare in that: 1) the Project
has been conditioned to comply with all State of California and Dublin Municipal Code
requirements for accessibility to ensure that proper pedestrian access is maintained at all
times around the outdoor merchandise; and 2) the Project has been conditioned to store
all merchandise indoors after normal business hours to avoid theft or vandalism of
merchandise.
C. It will not be injurious to property or improvements in the neighborhood in that: 1) the
Project includes the placement of a maximum of five pallets on pallet frames outside an
existing retail store, which will not be permanently fixed to the ground, and as a result will
not damage existing improvements in front of the store.
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental
to the public health, safety, and welfare in that: 1) the Project will be located on a fully
developed site that is served by existing utilities and services; and 2) the Project will not
create a demand for additional utilities or services beyond that which already exists to
serve the retail store.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed in that: 1) the site contains a 5,600 square foot
freestanding building which is solely occupied by an existing retail store and the Project
compliments the retail store through the orderly and uniform outdoor display of the same
type of merchandise that is available inside the store; and 2) the proposed display area is
recessed against the storefront windows and is conducive for outdoor display of
merchandise while still providing adequate pedestrian access and circulation to the store.
F. It will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located in that: 1)
the Project supports an existing retail store and is compatible with the C-2 Zoning District
in which it is located; and 2) adequate parking exists to serve the Project in accordance
with Chapter 8.76 (Off-Street Parking and Loading Regulations).
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in
that: 1) the Project is an extension of an existing retail use which is consistent with the
Retail/Office General Plan Land Use for the site; and 2) the Project is consistent with the
C-2 (General Commercial) Zoning and allows "Retail — Outdoor Storage" as a
conditionally permitted use.
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BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
approve a Conditional Use Permit to allow permanent outdoor display (Retail — Outdoor
Storage) at 7100 Dublin Boulevard (within a portion of the Dublin Crossroads Shopping Center)
as shown on the project plans date stamped received by Dublin Planning on July 13, 2012
subject to the following conditions:
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to establishment
of use and shall be subject to Planning Division review and approval. The following codes
represent those departments/agencies responsible for monitoring compliance of the conditions
of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM]
Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin
Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal;
[CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood
Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit
Authority; and [CHS] California Department of Health Services.
When
NO. CONDITIONS OF APPROVAL Agency Required, Source
Prior to:
GENERAL
1. Approval. This Conditional Use Permit approval PL On-going Planning
for PLPA-2012-00036 Concord Feed Outdoor
Display is for the permanent placement of up to
five four foot by four foot pallet frames with pallets
only in the locations shown on the project plans
attached as Exhibit B, except as modified by the
Conditions of Approval contained herein. The
design of the pallet frames shall be as depicted in
the photograph attached as Exhibit A.
2. Permit Expiration. Construction or use shall PL One year DMC
commence within one (1) year of Permit approval, from Permit 8.96.020.
or the Permit shall lapse and become null and approval D
void. Commencement of construction or use
means the actual construction or use pursuant to
the permit approval, or demonstrating substantial
progress toward commencing such construction
or use.
3. Time Extension. The original approving decision- PL One year DMC
maker may, upon the Applicant's written request from Permit 8.96.020.
for an extension of approval prior to expiration, approval E
and upon the determination that any Conditions of
Approval remain adequate to assure that
applicable findings of approval will continue to be
met, grant a time extension of approval for a
period not to exceed 6 months. All time extension
requests shall be noticed and a public hearing or
public meeting shall be held as required by the
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particular Permit.
4. Approval Period. This Conditional Use Permit PL On-going Planning
approval shall be null and void in the event the
approved use and/or structures cease to operate
for a continuous one-year period.
5. Annual Review. On an annual basis, this PL On-going Planning
Conditional Use Permit approval may be subject
to review by the Community Development
Department to determine compliance with the
Conditions of Approval.
6. Revocation. This Permit shall be revocable for PL On-going DMC
cause in accordance with Dublin Zoning 8.96.020.1
Ordinance Section 8.96.020.1 (Revocation). Any
violation of the terms of the terms and conditions
of this Permit may be subject to the issuance of a
citation.
7. Minor Amendments. Modifications or changes PL On-going DMC
to this approval may be considered and approved 8.100.080
by the Community Development Director if the
modifications or changes proposed comply with
Section 8.100.080 (Amendments) of the Zoning
Ordinance.
8. Clarifications and Changes to the Conditions. PL On-going Planning
In the event that there needs to be clarification to
these Conditions of Approval, the Community
Development Director has the authority to clarify
the intent of these Conditions of Approval. Any
clarification to these Conditions of Approval shall
be documented in writing, signed by the
Community Development Director and placed in
the project file. The Community Development
Director also has the authority to make minor
modifications to these Conditions of Approval
without going to a Public Hearing in order for the
Applicant to fulfill the requirements of the Permit
approval.
9. Hold Harmless/Indemnification. The Applicant ADM On-going Admin./
shall defend, indemnify, and hold harmless the City
City of Dublin and its agents, officers, and Attorney
employees from any claim, action, or proceeding
against the City of Dublin or its agents, officers,
or employees to attack, set aside, void, or annul
an approval of the City of Dublin or its advisory
agency, appeal board, Planning Commission,
City Council, Community Development Director,
Zoning Administrator, or any other department,
committee, or agency of the City to the extent
such actions are brought within the time period
required by Government Code Section 66499.37
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or other applicable law; provided, however, that
the Applicant's duty to so defend, indemnify, and
hold harmless shall be subject to the City's
promptly notifying the Applicant of any said claim,
action, or proceeding and the City's full
cooperation in the defense of such actions or
proceedings.
PLANNING
10. Outdoor Display. No items other than uniform PL On-going Planning
merchandise delivered and displayed on a pallet
are permitted to be displayed outdoors. Other
items such as animals, animal cages, animal
houses, or other non-uniform items that are not
delivered and displayed on pallets are prohibited
from being placed outdoors. All pallet frames
shall be the same design, size and color. A
maximum of five pallets in frames are permitted to
be displayed outdoors. Pallets loaded with
materials are permitted to be displayed outdoors
only if placed in the pallet frames.
11. All Uses Conducted Indoors. Except as PL On-going Planning
otherwise approved as part of this Conditional &
Use Permit, or otherwise allowed under Chapter DMC
8.108 (Temporary Use Permit), all activities 8.108
associated with the business shall be conducted
indoors at all times.
12. Sales Transactions. All sales transactions shall PL On-going Planning
be conducted inside the building.
13. Loudspeakers and/or Amplified Music. No PL On-going Planning
loudspeakers or amplified music shall be placed
or •ro.ect outside of the buildin• at an time.
14. Property Maintenance. The Applicant/Tenant PL On-going DMC
shall keep the property maintained in a safe, 5.64
clean, and litter-free condition at all times.
15. Nuisance. The Applicant/Tenant shall control all PL On-going Planning
activities on the project site so as not to create a
nuisance to surrounding businesses and
residents.
16. Temporary Promotional Banners and PL On-going DMC
Balloons. The use of Temporary Promotional 8.84.050.
Banners and/or Balloons shall be subject to S
approval of a Zoning Clearance and compliance
with 8.84.050.S (Temporary Promotional Signs)
of the Dublin Zoning Ordinance.
17. Merchandise Storage. The Applicant/Tenant PO On-going Police
shall bring all merchandise and products indoors
during the hours that the store is closed for
business in order to avoid theft and vandalism of
merchandise.
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18. Graffiti. The Applicant/Tenant shall keep the site PO On-going Police
clear of graffiti vandalism on a regular and
continuous basis at all times.
19. Theft Prevention and Security Program. The PO On-going Police
Applicant/Tenant shall work with Dublin Police on
an on-going basis to establish an effective theft
prevention and security program.
20. Prohibited Signage. The use of any A-Frame, PL On-going DMC
Portable Sign, or Sandwich Board Sign, or any 8.84.150
other sign contained in Section 8.84.150
(Prohibited Signs) of the Dublin Zoning
Ordinance, is strictly prohibited.
BUILDING
21. Building Codes and Ordinances. All project B Through Building
construction shall conform to all building codes Completion
and ordinances in effect at the time of building
permit.
22. Accessibility. The outdoor storage bins shall not B On-going Building
impede and/or violate any accessible code
requirements as mandated by the State of
California or the Dublin Municipal Code.
PASSED, APPROVED AND ADOPTED this 25th day of September 2012 by the following vote:
AYES: Wehrenberg, O'Keefe, Schaub, Brown, Bhuthimethee
NOES:
ABSENT:
ABSTAIN: .(142.6c() Z
Planning Commissi• - -ire
ATTEST:
Assistant' ow. munity Development Director
G:IPA#12012IPLPA-2012-00036 Concord Feed CUPIPC Reso Concord Feed CUP.doc
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Photos of Pallet Frames (bases)to
be utilized at Concord Feed:
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