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HomeMy WebLinkAboutPC Reso 13-03 PetSmart CUP RESOLUTION NO. 13-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR ANIMAL SALES AND SERVICES TO OPERATE A KENNEL FOR THE BOARDING OF DOGS AND CATS, AND A DAY CAMP FOR DOGS AT 6960 AMADOR PLAZA ROAD (APN 941-0305-039) PLPA-2012-00009 WHEREAS, the Applicant, Melissa Lopez, of PetSmart, Inc., has requested approval of a Conditional Use Permit for Animal Sales and Services to operate a kennel for the boarding of dogs and cats, and a day camp for dogs at 6960 Amador Plaza Road (the "Project"); and WHEREAS, the Project is proposed to be located in the Downtown Dublin Zoning District (DDZD); and WHEREAS, the Community Development Director has determined that Animal Sales and Services is a conditionally permitted use within the Downtown Dublin Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the Applicant has submitted a complete application for a Conditional Use Permit; 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 the CEQA, the Planning Commission finds the Project Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The project consists of a minor alteration to an existing retail pet store for the operation of a kennel for the boarding of dogs and cats, and a day camp for dogs, and involves a negligible expansion of the existing use; 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 February 26, 2013; 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: 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 will occupy a portion of an existing commercial building and all activities will be conducted indoors; 2) the Project site is accessible from existing driveways on Dublin Boulevard and Amador Plaza Road; and 3) the Project is surrounded by existing commercial uses. B. The proposed use 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 require that all activities associated with the operation of the kennel and dog day camp are conducted entirely within the existing building so as not to disturb surrounding businesses; and 2) the Project will conform to all applicable regulations contained in the Dublin Zoning Ordinance. C. The proposed use will not be injurious to property or improvements in the neighborhood in that: 1) the Project has been conditioned to require that all activities associated with the operation of the kennel and dog day camp are conducted entirely within the existing building; and 2) adequate parking exists to serve the Project in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations). 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; 2) the Project has been reviewed by Dublin San Ramon Services District; and 3) the Project will not create a demand for additional utilities or services beyond that which already exists to serve the retail commercial building. 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 Project would be located on a fully developed parcel that is accessible to vehicles and pedestrians from existing driveways and sidewalks on Dublin Boulevard and Amador Plaza Road; 2) the required parking for the Project is the same as for the existing retail pet store in which the Project will be located and as a result the Project would not generate additional parking beyond what is currently required for the retail store; and 3) all required parking will be provided on the Project site. F. The proposed use 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) as conditioned, the Project is compatible with the Downtown Dublin 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 site is consistent with the General Plan and Downtown Dublin Specific Plan land use designation of Downtown Dublin — Retail District in that it provides a service that is complimentary to an existing retail pet store; and 2) the Project would be located on a parcel that is developed with an existing commercial building. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby approve a Conditional Use Permit for Animal Sales and Services for the operation of a kennel 2 of 10 for the boarding of dogs and cats, and a day camp for dogs at 6960 Amador Plaza Road, as shown on the project plans date stamped received by Dublin Planning on May 29, 2012 and included as Exhibit A, and in the written statements date stamped received by Dublin Planning on February 28, 2012 and May 29, 2012 and incorporated by reference, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of the 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; [P0] 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 PL Planning approval is for the establishment of a kennel and day camp for dogs (Animal Sales and Services) at the existing PetSmart retail store located at 6960 Amador Plaza Road (PLPA- 2012-00009). This approval shall be as generally depicted and indicated on the plans prepared by BRR Architecture dated received by Dublin Planning on May 29, 2012, the written statements dated received on February 28, 2012 and May 29, 2012, and other plans, text and diagrams related to this approval, stamped approved and on file in the Community Development Department, except as modified by the following Conditions of Approval. 2. Effective Date. This Conditional Use Permit PL DMC approval becomes effective 10 days following 8.96.020. action by the Planning Commission unless H appealed before that time in accordance with and the Dublin Zoning Ordinance. 8.136 3. Permit Expiration. Construction or use shall PL 1 year from DMC commence within one (1) year of Permit approval 8.96.020. approval or the Permit shall lapse and become D null and void. 4. Time Extension. The original approving PL 1 year from DMC 3 of 10 decision-maker may, upon the Applicant's approval 8.96.020. written request for an extension of approval E prior to expiration, 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 six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 5. Minor Amendments. Modifications or PL On-going DMC changes to this Conditional Use Permit 8.100.080 approval may be considered and approved by the Community Development Director if the modifications or changes proposed comply with Chapter 8.100.08o (Amendments) of the Dublin Zoning Ordinance. 6. Revocation of Permit. The Permit approval PL On-going DMC shall be revocable for cause in accordance with 8.96.020.1 Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Requirements and Standard Conditions. Various Issuance of Various The Applicant/Developer shall comply with building applicable City of Dublin Fire Prevention permits or Bureau, Dublin Public Works Department, installation of Dublin Building Department, Dublin Police improve- Services, Alameda County Flood Control ments District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 8. Fees. Applicant/Developer shall pay all Various Issuance of Various applicable fees in effect, including, but not building limited to, Planning fees, Building fees, Traffic permits Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees (per agreement between Developer and 4 of 10 School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In- Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 9. Indemnification. The Developer shall defend, ADM On-going Admin/Cit indemnify, and hold harmless the City of Dublin y Attorney and its agents, officers, and 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 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 10. Clarifications to the Conditions of Approval. PL On-going Planning In the event that there needs to be clarification to the Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Applicant without going to a public hearing. 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 needed improvements or mitigations resulting from impacts to this project. 11. Controlling Activities. The PL Through Planning Applicant/Developer shall control all activities construction on the project site so as not to create a and on-going nuisance to existing/surrounding businesses and/or residences. 12. Clean-up. The Applicant/Developer shall be PL Through Planning responsible for clean-up and disposal of project construction related trash to maintain a safe, clean, and litter-free site. 13. Property Maintenance. The Applicant/ PL On-going DMC 5 of 10 Developer and property owner shall be 5.64.050 responsible for maintaining the site in a clean and litter free condition during construction and through completion. Per the City of Dublin Non-Residential Property Maintenance Ordinance, DMC Section 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. PLANNING DIVISION - GENERAL 14. Trash Enclosure. In accordance with PL Issuance of Planning Condition of Approval No. 38, the existing trash Building enclosure shall be upgraded to meet current Permits City requirements. Prior to the issuance of a Building Permit, the Applicant shall apply for a Site Development Review Waiver for the final design of the upgraded trash enclosure. The design of the trash enclosure shall comply with all of the requirements of Chapter 7.98 of the Dublin Municipal Code. 15. Signs. All signage shall conform to Chapter PL On-going DMC 8.76 of the Dublin Zoning Ordinance at all 8.84 times. Window signs shall be limited to 25% of the window area. All temporary promotional signs and banners require a Zoning Clearance from the Planning Division prior to installation. 16. Prohibited Signage. The use of any A-frame, PL On-going DMC portable, sandwich board, or any other sign 8.84.150 contained in Chapter 8.84.150 (Prohibited Signs) of the Dublin Zoning Ordinance, is prohibited. 17. Noise/Nuisance. The Applicant shall control PL On-going Planning all activities on the site so as not to create a nuisance to the surrounding businesses and residents. 18. Accessory/Temporary Structures and Uses. PL Placement DMC A Temporary Use Permit is required for all on-site 8.108 construction trailers, security trailers and storage containers used during construction. 19. Temporary Promotional Banners and PL On-going DMC Balloons. Temporary Promotional Banner 8.84 Signs and Balloons are subject to compliance with Chapter 8.84 of the Dublin Zoning Ordinance. 20. Equipment Screening. All electrical and/or PL Issuance of Planning mechanical equipment shall be screened from building public view. Any roof-mounted equipment shall permits 6 of 10 be completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Community Development Director. 21. Bicycle Racks. Prior to the issuance of PL Issuance of DMC building permits, the Applicant/Developer shall building 8.76 work with Staff to provide sufficient bicycle permits racks at various locations throughout the project site. The bicycle racks shall be unobtrusive and out of the path of travel. CONDITIONAL USE PERMIT 22. Use. All activities associated with the operation PL On-going DMC of the kennel shall be conducted entirely within 8.24.020 the building. 23. Final Inspection/Occupancy Permits. Final PL, B, PW Final Planning, inspection or occupancy permits will not be Inspection/ Building, granted until all construction and site work is Occupancy Public complete in accordance with approved plans Works and the conditions required by the City. 24. Approval Period. This Conditional Use Permit PL On-going Planning approval shall be null and void in the event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. 25. Annual Review. On an annual basis, this PL On-going Planning Conditional Use Permit approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. PLAN NING DIVISION -CRIME PREVENTION.THROUGH ENVIRONMENTAL DESIGN 26. Non-Residential Security Requirements. The PL On-going Planning property owner and/or their designee shall comply with the City of Dublin Non-Residential Security Requirements. 27. Graffiti. The site shall be kept clear of graffiti PL On-going DMC vandalism on a regular and continuous basis. 5.68 Graffiti resistant materials shall be used including but not limited to graffiti resistant paints for the structures and graffiti resistant film for windows or glass. 28. Employee Exit Doors. Employee exit doors PL Occupancy Planning shall be equipped with a 180-degree viewer or a burglary resistant window panel within the door from which to scan the exterior. BUILDING DIVISION 29. Buildin. Codes and Ordinances. All •ro'ect B Throu•h Buildin• 7 of 10 construction shall conform to all building codes Completion and ordinances in effect at the time of building permit. 30. Building Permits. To apply for building B Issuance of Building permits, Applicant/Developer shall submit five Building (5) sets of construction plans to the Building Permit Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 31. Construction Drawings. Construction plans B Issuance of Building shall be fully dimensioned (including building Building elevations), accurately drawn (depicting all Permits existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 32. Addressing. Addresses will be required on all B Occupancy Building doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5-inch height minimum. 33. Green Building Guidelines. To the extent B Through Building practical, the applicant shall incorporate Green Completion Building Measures. Green Building plan shall be submitted to the Building Official for review. The Project shall comply with the CA Green Building Standards Code, as applicable. FIRE PREVENTION BUREAU 34. Building and Fire Codes. The Project shall F Through Fire comply with the applicable Building and Fire Completion Codes in effect at the time of building permit submittal. PUBLIC WORKS DEPARTMENT 35. Standard Public Works Conditions of PW Prior to Public Approval. Applicant/Developer shall comply Approval of Works with all applicable City of Dublin Public Works Improvement Standard Conditions of Approval. In the event Plans of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 8 of 10 36. Grading/Demolition/Sitework Permit. All PW Issuance of Public improvement work must be performed per a Grading/Site Works Grading/Demolition/Sitework Permit issued by Work Permit the Public Works Department. Said permit will be based on the final set of civil plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. 37. Site Accessibility Requirements. All parking PW Prior to Public spaces for the disabled, and other physical site Occupancy Works improvements shall comply with current UBC Title 24 requirements and City of Dublin Standards for accessibility. 38. Site Improvements. As specified on the PW Prior to Public Project plans, Applicant/Developer shall be Occupancy Works responsible for completing the following on-site improvements: 1. The existing disabled access parking stalls directly serving the Project shall conform to current ADA/Title 24 standards, with a "Minimum Fine $250" sign installed. 2. Twelve (12) inch wide concrete step-out curbs shall be constructed at each parking space where one or both sides abut a landscaped area or planter. 3. An inlet stormceptor (Triton Filter or similar) shall be installed in the existing parking lot catch basin. 4. The existing trash enclosure shall be upgraded per City Ordinance [13-12]. 5. Truncated domes (three (3) foot wide minimum) shall be installed along the entire length of the flush curb at the building entrance. 9 of 10 PASSED, APPROVED AND ADOPTED this 26th day of February 2013 by the following vote: AYES: O'Keefe, Bhuthimethee, Do, Goel, Kohli NOES: ABSENT: ABSTAIN: Pl. ing Commission Chair ATTEST: Assistant Communit evelopment Director G:IPA#120121PLPA-2012-00009 PetSmart Kennel CUPIPC Mtg 02.26.131PC Reso PetSmart Kennel CUP.doc 10 of 10 '�88 Sa�g„`Nr�p aV Ig Y #d3� s x:xsga a .a i s o d g Q Z r+ J O CL F" z ® s N w a. 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