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HomeMy WebLinkAboutPC Reso 16-21 Whole Foods CUP RESOLUTION NO. 16-21 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 5200 DUBLIN BOULEVARD (WHOLE FOODS MARKET) PLPA-2016-00040 WHEREAS, the Applicant, Allen Culp of Whole Foods Market, has submitted an application for a Conditional Use Permit to allow permanent outdoor display (Retail — Outdoor Storage) at 5200 Dublin Boulevard within a portion of Persimmon Place; and WHEREAS, Whole Foods Market, a retail store, is located on a parcel that has a General Plan Land Use Designation of General Commercial/Campus Office and is located in a Planned Development (PD) 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; 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, the Conditional Use Permit for "Retail — Outdoor Storage" for Whole Foods Market is 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; and WHEREAS, the Planning Commission held a public hearing on said application on September 13. 2016; 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 any related structure 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 Planned Development (PD) Zoning District; 2) the outdoor display of merchandise is compatible with the existing retail sales; 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 fragile merchandise and display items 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 large bins for the display of fruits and vegetables and other items which will enhance the retail shopping experience; and 2) the proposed outdoor display is an extension of the existing retail establishment. 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 40,000 square foot attached 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 Planned Development (PD) 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 General Commercial/Campus General Plan Land Use for the site; and 2) the Project is consistent with the Planned Development Zoning which allows "Retail — Outdoor Storage" as a conditionally permitted use. 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 2 of 6 Storage) at 5200 Dublin Boulevard (within a portion of Persimmon Place) as shown on the project plans date stamped received by Dublin Planning on August 25, 2016 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-2016-00040 Whole Foods Outdoor Display is to establish three outdoor display areas as generally shown on the project plans attached as Exhibit A, except as modified by the Conditions of Approval contained herein. There will be one large display area outside of the main store front not to exceed approximately 27' x 8' and two smaller displays located on either side of eastern door not to exceed approximately 4' x 4' each. The design of the display shall be as depicted in the photograph attached as Exhibit B or similar as determined by the Community Development Director. 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 3 of 6 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 _ 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. Merchandise Storage. The Applicant/Tenant PO On-going Police shall bring any fragile merchandise and display items indoors during the hours that the store is closed for business in order to avoid theft and vandalism of merchandise or property. 10. 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. 11. Theft Prevention and Security Program. The PO On-going Police Applicant/Tenant shall work with Dublin Police on 4 of 6 an on-going basis to establish an effective theft prevention and security program. 12. 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 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 13. Outdoor Display. The display shall be limited to PL On-going Planning those items indicative of seasonal merchandise including, fruits and vegetables, Christmas trees, flowers/garden items, and items of similar kind as described in the written description attached as Exhibit C. The display shall be attractive and make use of high quality items at all times; at no time shall the display fall into disrepair. The display shall be limited to the prescribed dimensions on the approved plans. 14. 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. 15. Sales Transactions. All sales transactions shall PL On-going Planning be conducted inside the building. 16. Loudspeakers and/or Amplified Music. No PL On-going Planning loudspeakers or amplified music shall be placed or project outside of the building at any time. _ 17. 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. 18. Nuisance. The Applicant/Tenant shall control all PL On-going Planning activities on the project site so as not to create a 5 of 6 nuisance to surrounding businesses and residents. 19. 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. 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. Fire 23. Exit. The exit path to public way shall be F On-going Fire maintained at all times. 24. Fire Hydrants. Fire hydrants and appliances F On-going Fire shall not be obstructed at any time. 25. Flammable and combustible liquids. No F On-going Fire display of flammable/combustible liquids is permitted in exterior egress path. PASSED, APPROVED AND ADOPTED this 13th day of September 2016 by the following vote: AYES: Kohli, Goel, Bhuthimethee NOES: ABSENT: Do, Mittan ABSTAIN: Planning Commission Chair ATTEST: Cc Assistant C munity Development Director G.IPA12016PLPA-2016-40040 Whole Foods Outdoor Display CUPIPC Reso Whole Foods CUP.docx 6 of 6 I11 1 I•si VO ••• —II: 11 i ith / 110.•■•1111 BM 111 IMP4IIN 111 =1: I: 10•11111 : 11 IS 1 I II. .. INIMI MO I•IN •IIII UNIII• OM I ii = ! .. O .2 , . 1 , , IL NI 1----, 11 i . ,. I .... . 1 j • E------:!-----) - . ..: Z - L I oe t-, ._.... ::...: ..........,._ i : . -- - 1 il WAN 1 II I L =_- _:J • ,• ! .' . 0 r----„----il c 1 1 CA • i . 1 • . _ _ _ ...: . .. 1 1 i I • __ — . 4-1 j--111 - - - ,- gro i I = - - 0 1 - _ 11 /1 1 I . i , • 1, T il El L J . c. —SI- \ II , r\) : I I 4 .. • '.• 1 :7_-_-----_-_--,1 i I 0 ell ' I \ , 1 . I I • _ _ _ .. ., i.,,Ls ... . „. -3 t'll • 1 ---7-151 -3 X 1E7/11 li / \ il z ,....:i . IN 11666,.. (--"To o —7- / 7 -7 / 1 / / / / / I 111 M - .. . . . J ......- r A..r_ Air A ,,.'c r ` .1 •ice Ari/ II . -/ .. ,.. i lire lt.t I r—n --_ - a Al. "" \ /or .Iii I II i ill:. i . ; „At . , . 1 e. �(i ' I I I I n T: :..1..; A inik #* k• # .t , IlLias , (40 A ,... -- s „,, , ,, 1: .OF 1E7 I i I. ! emu =., '. -' . .. ,4411111.=/ . ' 0 . $ ” . ii ' -— r .. --k 4......,... . „„ . 1, , .i. „ .... .._ .„. ..... 4. ,,,) 9 .l , __- - , it . Ill 1 11 I • 44, - S, EXHIBIT B TO + ATTACHMENT I Whole Foods Market Dublin Conditional Use Permit Application Whole Foods Market Dublin would like to merchandise products in front of the store on a seasonal basis The largest time frame being from October through December when we would have Pumpkins and Christmas trees respectively. In the spring we would have a garden center and then there would be some times when putting melons or another seasonal fruit or vegetable outside would be an option.These displays would be up 24 hours a day and maintained throughout.We would also have flowers outside for Valentine's Day and for Mother's Day but these displays would go up and come down daily and would only last for 2-3 days each. It would always be clean and well looked after and would drive anywhere from 5-10k additional sales annually. This change in our merchandising practices shouldn't have an effect on our staffing as it is currently.We currently employee 240-250 Team Members or a regular basis.With the additional sales and projected growth year over year I do see us continually growing our Team Member base as we move forward The hours and days of operation would stay the same as they are now which is 8am-lOpm seven days a week. The target audience would be the same customer base as we have now.We are not looking to reach a different demographic outside of what we do daily to try and grow the business. We look to benefit the community be continuing to offer healthy food options and a gathering place for the residents of the area.These new products will also allow us to provide new sustainable options to our customers that perhaps other retailers in the area don't offer. We don't foresee our request disrupting area of our residents or fellow businesses.We actually see it as providing more options for the residents and potentially bringing more business to the other businesses in way of sales growth and foot traffic. We absolutely will not be putting anyone at a health or safety risk with this request. We are passionate about safety and at WFM and being and promoting a healthy lifestyle is what we are all about We do not foresee any negative effects on the property. We see this as a sales driving initiative and a way to increase foot traffic for our store and the shopping center We are not currently located on a hazardous waste site nor do we intend to request permission to conduct any type of activity on or near one In closing I would just like to enforce that our mission is to drive commerce and foot traffic to the store and shopping center. We will do it in a clean,thoughtful and meaningful way. If at any point I EXHIBIT C TO ATTACHMENT I