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HomeMy WebLinkAboutPC Reso04-32 PA03-048 Recycle Kiosk CUP/Sign SDR RESOLUTION NO. 04 - 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT, SITE DEVELOPMENT REVIEW, AND SIGN SITE DEVELOPMENT REVIEW FOR TOMRA RECYCLING KIOSK, LOCATED AT 7333 REGIONAL STREET, PA 03-048 WHEREAS, TOMRA Pacific, Inc., has submitted a request for Planning Commission approval for a Conditional Use Permit, Site Development Review, and Master Sign Program for a small recycling center kiosk at 7333 Regional Street in the Retail Commercial (C-l) Zoning District; and WHEREAS, the Planning Commission did hold a public hearing on the Conditional Use Permit, Site Development Review and Sign Site Development Review on April 27, 2004; 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 California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and determined to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section 15303, because the project is a small structure on a developed parcel, in a district zoned for such use, not involving hazardous substances, and with all necessary public services, and the surrounding area is not environmentally sensitive; and WHEREAS, the Staff Report was submitted recommending Planning Commission approval of a resolution approving the Conditional Use Permit, Site Development Review, and Sign Site Development Review; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Conditional Use Permit, Site Development Review and Sign Site Development Review: The Proposed Conditional Use Permit meets the purpose and intent of Chapter 8.100 of the Zoning Ordinance because the project will be compatible with other land uses, transportation and service facilities in the vicinity as the recycling kiosk is small in size, its use will be incidental to other uses, and its location is unobtrusive to traffic and circulation in the shopping center; and The proposed use is consistent with the general provisions, intent, and purpose of the Conditional Use Permit provisions of the Zoning Ordinance in that it contains all information required by Chapter 8.100 of the Zoning Ordinance and accomplishes the objectives of Chapter 8.100, A through H, of the Zoning Ordinance; and 3. The subject site is physically suitable for the type and intensity of the development being proposed because it is located within a developed downtown area and a retail shopping center, and because it is located adjacent to roadways which are designed to carry the minimal traffic that would be generated by the proposed type of use; and The Site Development Review and Sign Site Development Review meets the purpose and intent of Chapter 8.104 of the Zoning Ordinance because they will promote orderly, attractive and harmonious site, sign and structural development compatible with surrounding properties and neighborhoods because, as conditioned, the building orientation, signage and landscaping of the site layout will create visual interest and provide a convenient location for recycling to help the City and State achieve recycling goals; and o The Site Development Review is consistent with the general provisions, intent, and purpose of the Site Development Review provisions of the Zoning Ordinance in that it contains all information required by Chapter 8.104 of the Zoning Ordinance and accomplishes the objectives of Chapter 8.104, A through J, of the Zoning Ordinance and the signage is appropriate as proposed and allowed pursuant to Master Sign Program PA S-397 as it will serve a public good by identifying a recycling location in accordance with City and State recycling goals; and Architectural considerations, including the character, scale, and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept and the character of adjacent buildings, neighborhoods, and uses; and 7. Landscape considerations have been incorporated to ensure visual relief and an attractive environment for the public; and The proposed project 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 because the project has been reviewed for compliance with City laws and regulations and will be reviewed for compliance with City Building Code regulations; and The proposed Conditional Use Permit, Site Development Review, and Sign Site Development Review are consistent with the Retail/Office designation of the Dublin General Plan and the proposed development standards are permitted by said designation. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve the Conditional Use Permit, Site Development Review, and Sign Site Development Review for PA 03-048, as shown on Attachment 2, subject to the attached 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 use, and shall be subject to Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [ADM] Administration/City Attorney, [BI Building Division of the Community Development Department, [DSR] Dublin San Ramon Services District, [F] Alameda County Fire Department/City of Dublin Fire Prevention, [FIN] Finance Department, [PL] Planning Division of the Community Development Department, [PO] Police, [PW] Public works Department. NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. GENERAL CONDITIONS 1. Approval. This Conditional Use Pemfit and Site Development Review PL Ongoing Standard approval for TOMRA RePlanet, PA03-048, establishes the use, detailed design concepts and regulations for the recycling center kiosk project at 7333 Regional Street. Development pursuant to this Conditional Use Permit and Site Development Review is conditioned upon the requirement that the development be consistent with the C-1 Zoning District and shall generally conform to the Architectural Plans drawn by JRM and stamped by Kjell A. Bo, dated received August 1, 2003; and schematic drawings prepared by TOMRA Pacific, dated received August 1, 2003, unless modified by the Conditions of Approval contained herein. 2. Standard Public Works and Site Development Review Conditions PW On-going PW of Approval. Applicant/Developer shall comply with all applicable City of Dublin Standard Public Works Conditions of Approval. 3. Term. Pursuant to Section 8.96.020.D., approval of the Conditional Use PL On-going Zoning Permit and Site Development Review shall be valid for one year from Ordinance effective date. If construction has not commenced by that time or extended per the following means, this approval shall be null and void. The approval period for Conditional Use Permit and Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings will continue to be met. Applicant/Developer must submit a written request for the extension prior to the expiration date of the Site Development review. 4. Revocation. The CUP and SDR will be revocable for cause in PL On-going Zoning accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Ordinance Any violation of the terms or conditions of this approval shall be subject to citation, and if non-compliance continues, potential revocation. 5. Fees. Applicant/Developer shall pay all applicable fees in effect at the FIN Prior to Municipal time of building permit issuance, including, but not limited to: Planning issuance of Code fees; Building fees; Dublin San Ramon Services District fees; Public Building Facilities fees; Dublin Unified School District School Impact fees; Permits Public Works Traffic fees; Alameda County Fire Services fees; Noise Mitigation fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Unissued building permits subsequent to new or revised TIF's shall be subject to recalculation and assessment of the fair share of the new or revised fees. If the Development Agreement approved for this project conflicts with this condition, the Development Agreement shall prevail. 6. Required Permits. Applicant/Developer shall obtain all necessary PL, PW, B Prior to State and applicable permits required by other agencies including, but not limited issuance of Regional to, Alameda County Public Works, Alameda County Flood Control Building Agencies District (Zone 7); California Department of Fish and Game; Army Permits Corps of Engineers; and State Water Quality Control Board, and shall submit copies of the permits to the Department of Public Works. Applicant/Developer shall also apply, pay all required fees and obtain permits from PG&E for power service connection required to energize traffic signals and streetlights. NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 7. Hold Harmless/Indemnification. Applicant/Developer, and any Applicant On-going Standard parties or individuals granted rights-of-entry by Applicant/Developer, shall defend, indemnify, and hold harmless the City of Dublin 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, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City concerning a subdivision or other development which actions are brought within the time period provided for in Government Code Section 66499.37. 8. Clarifications and Changes to the Conditions. In the event that there PL On-going Standard needs to be clarification to these conditions of approval, the Directors of Community Development and Public Works have the authority to clarify the intent of these conditions of approval to the Applicant/Developer by a written document signed by the Director of Community Development and the City Engineer and placed in the project file, also have the authority to make minor modifications to these conditions in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 9. Loading and Unloading of Trucks. The Applicant/Developer shall PL On-going Standard limit loading and unloading of trucks to two times a month and shall coordinate loading and unloading with hours of operation and deliveries of the surrounding businesses to avoid conflicting with parking and circulation in the shopping center. 10. Non-Residential Security Ordinance. The Applicant/Developer shall PO On-going Standard- comply with all applicable City of Dublin Non Residential Security Ordir~ance requirements to the satisfaction of the Police Department, including: · Addressing shall be visible from the approaches to the building. · The Applicant shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. · The Applicant shall work with the Dublin Police on an ongoing basis to establish an effective theft prevention and security program. · The Applicant shall keep the site clear of refuse on a regular and continuous basis. SIGN/SITE DEVELOPMENT REVIEW CONDITIONS; 11. Sign Regulations. The Applicant/Developer shall comply with signage PL, PW On-going Standard regulations, pursuant to Chapter 8.84 of the Dublin Zoning Ordinance. 12. Landscaping. The Applicant/Developer shall plant 15 "Terri PL Prior to Standard Escallonia" shrubs (5 gallon size) in the existing landscape area, spaced Completion every three feet on center, adjacent to the structure. 13. Building Codes and Ordinances. All project construction shall B Through Standard conform to all building codes and ordinances in effect at the time of Completion building permit. 14. Building Permits. To apply for building permits, Applicant/Developer B Issuance of Standard shall submit five (5) sets of construction plans to the Building Division Building for plan check. Each set of plans shall have attached an annotated copy Permits of these Conditions of Approval. The notations shall clearly indicate NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. how ali 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 participation non-City agencies prior to the issuance of building permits. 15. Construction Drawings. Construction plans shall be fully B, PL, PW On-going Standard dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. (Prior to issuance of building permits). The Applicant shall provide details for power requirements and hook-up and provide details for water requirements and source hook-up. 16. Temporary Fencing. Temporary Construction fencing shall be B, PL, PW Through Standard installed along perimeter of all work under construction. Completion PASSED, APPROVED AND ADOPTED this 27th day of April, 2004. Cm. Fasulkey, Jennings, King, and Machtmes AYES: NOES: ABSENT: ABSTAIN: Nassar ATTEST: 'Planning c6m~ission,C/~e'i~6n G:\PA#L2003\03-048 Tomra RecyclingLPC Reso.doc