HomeMy WebLinkAboutPC Reso04-53 PA 04-028 Goodwill Redemption Ctr CUP
RESOLUTION NO. 04-53
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING P A 04-028 GOODWILL DONATION REDEMPTION CENTER
CONDITIONAL USE PERMIT TO LOCATED WITIHIN A TENANT SPACE WITHIN THE
ALMONED PLAZA LOCATED AT 7202 REGIONAL STREET
WHEREAS, the Applicant, Craig Wilson has requested a Conditional Use Permit to establish a
Recycling Facility-Commercial within an existing and improved tenant space, located within the shopping
center known as the Almond Plaza. The tenant space is located within ai, 120 square foot tenant space
located at 7202 Regional Street, in a C-l Retail Commercial Zoning District; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application on
August 10,2004; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), according to Section 15301(a), Class 1; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony herein above set forth and used his independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is appropriate for the
subject site.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find
that:
A. The proposed use is and related structures are compatible with other land uses, transportation and
service facilities in the vicinity. Additionally, it has been conditioned to reduce any adverse effects
and is in an existing commercial building fully improved for the use.
B. The 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 because the proposed use will be adequately
conditioned to ensure that the operation has had no recognizable negative impacts, and the proposed
use will serve a public need by providing a recycling facility to residents.
C. The use, under all circumstances and conditions of this permit, will not be injurious to property or
improvements in the neighborhood because the proposed use will be adequately conditioned to ensure
the site is adequately controlled and no liter occurs.
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 with implementation of the existing and the proposed conditions. The site is
completely improved and serviced by all appropriate utilities and infrastructure.
E. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed as it is operating within an improved tenant space in an existing shopping
center and is compatible with the other uses in the center.
F. The approval of this Conditional Use Permit is consistent with the Dublin General Plan and the
Retail/Office Commercial land use designation on the site.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve
PA 04-028 Conditional Use Permit to permit the Goodwill Donation Redemption Center within a 1,120
square foot tenant space within Almond Plaza and further identified as 7202 Regional Street as generally
depicted on Exhibit A, stamped approved and on file. The project approval shall be subject to compliance
with the following conditions:
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 subiect to Planning Department review and approval. The
following codes represent those departments/agencies responsible for monitoring compliance of the
Conditions of Approval: rpL.l Planning, rBl Building, rpOl Police, rpWl Public Works rADMl
Administration/City Attorney, rFINl Finance, rFl Alameda County Fire Department, rDSRl Dublin San
Ramon Services District, rCOl Alameda County Department of Environmental Health.
1. Outdoor Motion Sensitive Lighting. The Applicant shall place outdoor motion sensitive lighting
within the plaza/walkway area to the west and the loading area to the north. The type and style of
lighting shall be subject to review and approval by the Director of Community Development. [PL]
2. Hours of Operation. The minimum hours of operation shall be 9:00 a.m. to 8:00 p.m., seven days a
week. Deviations from these hours shall be submitted to the Director of Community Development
for consideration.
3. Access. The Applicant shall be responsible for ensuring that the access-way remain open and
unobstructed at all times and that normal pedestrian traffic on the sidewalk shall not be impeded.
[PL, B J
4. Commercial Vehicles. No commercial vehicles as defined by the zoning ordinance shall be placed
on-site at any time, except for the express purpose of loading and un-loading of the donation center.
5. NoiselNuisances. The Applicant shall control all activities on the site so as not to create a nuisance to
the existing or surrounding businesses. No loudspeakers or amplified music shall be permitted to
project or be placed outside of the building. [PL, PO]
6. Use entirely within the tenant space. The use shall be operated entirely within the tenant space
located at 7202 Regional Street. [PL]
7. Receiving Donations. All Donations shall be received through the front door of the tenant space. No
donations shall be received through the back door or directly into a waiting trailer/commercial
vehicle.
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8. Loading Area Signage. Prior to the issuance of a building Permit the Applicant shall place signage
within the loading area, which states that the placement of donations within the rear or side of the
building is illegal, pursuant to Penal Code Section 374.3 and violators will be prosecuted. The size,
design, and exact text of the sign shall be subject to review and approval by the Director of
Community Development. [PL]
9. Maintenance. The Applicant shall be responsible for cleaning up and disposing of any and all trash
and litter on-site and off-site that is generated by the use. All debris generated from overnight
dumping shall be cleaned and placed indoors by 9:00 a.m. Prior to the close of business, the area
surrounding the tenant space shall be cleaned of debris. [PL, PO]
10. Signs. Any signage on site shall be subject to the City's Sign Ordinance and the Master Sign Program
in effect for Almond Plaza, including pedestrian signs.
11. Regulations And Ordinances. The Applicant shall comply with all applicable Planning, Building,
Alameda County Fire Authority, and Police Department regulations and ordinances. [PL, B, F, PO]
12. Graffiti And Vandalism. The applicant shall keep the site clear of graffiti and vandalism on a
regular and continuous basis at all times. [PO]
13. Site Emergency Response Card. A "Buisniess Site Emergency Response Card" shall be filed with
the Police Department. [PO]
14. Annual review. On at least an annual basis, this Conditional Use Permit shall be subject to Zoning
Investigator Review and determination as to compliance with the conditions of approval. [PL]
15. Disabled Parking. The existing disabled parking stalls within the parking field must be upgraded to
conform to current California Building Code standards. Please paint the words "No Parking" in 12"
high letters on the pavement within the access aisle, subject to review and approval by the Director of
Public Works. [PW]
16. Accessibility. Prior to issuance of building permit, one 3' -0" access door is required for this tenant
space. Additional the bathroom must be designed for accessibility. [B]
17. KNOX Box. To allow emergency access to the building, a KNOX box shall be installed at the main
entry. LF]
18. Addresses. Approved numbers or addresses shall be placed on the tenant space. [F]
19. Fire Extinguishers. Provide 2AI0BC rated fire extinguishers in locations approved by the Fire
Department. Provide an approved sign in accordance with Uniform Fire Code. It shall be
conspicuously posted above the fire extinguisher. [F]
20. Uniform Building and Fire Code. The project shall comply with Uniform Building and Fire Code
as adopted by the City of Dublin. [F]
21. Permit Revocable. This permit shall be revocable for cause in accordance with Section 8.96.020.1 of
the Dublin Zoning Ordinance. Any violation of the terms or conditions of this use permit shall be
subject to citation. [PL]
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PASSED, APPROVED AND ADOPTED this 10th day of August 2004.
AYES: Cm. Nassar, Jennings, and King
NOES: Cm. Fasulkey
ABSENT: Cm. Machtmes
ATTEST:
Plan~~~ager
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