HomeMy WebLinkAbout8.2 06-053 Goodwill - Extension of CUPAGENDA STATEMENT
PLANNING COMMISSION DATE: August 26, 2008
SUBJECT: PUBLIC HEARING: PA 06-053 -Extension of a previously approved
Conditional Use Permit to allow Goodwill to accept donations inside their
existing retail store at 7232 Regional S treet.
Report prepared by Laura Karaboghos ian, Associate Planner
ATTACHMENTS: 1) Resolution approving an extension of a previously approved
Conditional Use Permit for an interior donation center.
2) Resolution No. 07-43 approving a Conditional Use Permit for an
interior donation center.
3) Planning Commission Staff Report dated August 28, 2007 (w/o
attachments).
4) Conditional Use Permit plans.
5) Letter from Applicant requesting a six month extension of the approved
Conditional Use Permit.
RECOMMENDATION: 1)
2)
3)
4)
5)
PROJECT DESCRIPTION:
Receive Staff presentation;
Open the public hearing;
Take testimony from the Applicant and the public;
Close the public hearing and deliberate; and
Adopt Resolution (Attachment 1) approving
previously approved Conditional -Use Permit for
center.
an extension of a
an interior donation
Goodwill Industries is located at 7232 Regional Street. The site is surrounded by commercial uses to the
north, south, east and west. The site is zoned C-1 (Retail Commercial) and has a General Plan land use
designation of Retail/Office.
On August 28, 2007 the Planning Commission approved Resolution 07-43 to allow Goodwill to accept
donations at the existing Goodwill retail establishment located at 7:?32 Regional Street. For background
information regarding the Conditional Use Permit, refer to the ,august 28, 2007 Agenda Statement
included as Attachment 3.
The Applicant has requested a six month extension of a previously approved Conditional Use Permit to
allow Goodwill to accept donations at the existing Goodwill retail establishment.
COPIES TO: Property Owner/App:' icant
File
ITEM NO.
Page 1 of 4
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The Applicant has requested an extension of a previously approved a Conditional Use Permit to allow
Goodwill to accept donations at the existing Goodwill retail establishment. The donation center will take
place in a designated area within the Goodwill store.
Section 8.96.020 D of the Dublin Zoning Ordinance states that construction or use shall commence within
one (1) year of Permit approval, or the Permit shall lapse and become null and void. The previously
approved Conditional Use Permit for an interior donation center was approved by the Planning
Commission on August 28, 2007. Consequently, the Permit will expire on August 28, 2008 unless the
Planning Commission approves an extension before that date.
Section 8.96.020 E of the Dublin Zoning Ordinance states that the original approving decision-maker may,
upon the Applicant's written request for an extension of approval 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 months.
On August 5, 2008 the City received a written statement from Goodwill Industries requesting a six month
extension (Attachment 5). The project has not moved forward at this time due to operational necessities in
other areas and limited resources. Goodwill Industries is now in a position to refocus attention on the
Dublin retail establishment and move forward with the project.
If the Planning Commission approves a six month extension of the Conditional Use Permit, Goodwill will
be required to construct all necessary improvements and begin accepting donations at this lacility prior to
February 26, 2009 or the Conditional Use Permit will expire.
Page 2 of 4
CONCLUSION:
The Applicant has requested approval of a six month extension of a previously approved Conditional Use
Permit to allow Goodwill to accept donations at the existing Goodwill retail establishment.
RECOMMENDATION:
Staff recommends that the Planning Commission 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from thc; Applicant and the public; 4) Cl~~se the public hearing and deliberate;
and 5) Adopt the Resolution (Attachment 1) approving an extension ~f a previously approved Conditional
Use Permit for an interior donation center.
Page 3 of 4
GENERAL INFORMATION:
PROPERTY OWNER
APPLICANT:
LOCATION:
ASSESSORS PARCEL
NUMBER:
GENERAL PLAN
DESIGNATION:
SPECIFIC PLAN
AREA:
EXISTING ZONING
AND LAND USE:
SURROUNDING USES:
Goodwill Industries
7232 Regional Street
941-0305-004-02
RetaiUOffice
Dublin Downtown Plan
C-1 (Retail Commercial)
Location Zoning General Plan Land Use Current Use of
Pro er
Site C-1 (Ret~iil Retail/Office Retail
Commercial)
North C-1 (Ret~~il Retail/Office Gas Station
Commercial)
South C-1 (Retail Retail/Office Almond Plaza (Retail)
Commercial)
East C-1 (Retail Retail/Office Longs, Ranch 99 and
Commercial) retail shops
West C-1 (Ret~iil Retail/Office Retail
Commercial)
Page 4 of 4
RESOLUTION NO. 08-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SIX (6) MONTH EXTENSION OF A PREVIOUSLY APPROVED
CONDITIONAL USE PERMIT FOR THE GOODWILL RETA][L CENTER WHICH ALLOWED
AN INTERIOR DONATION CENTER LOCATED AT 7232 REGIONAL STREET
PA 06-053
WHEREAS, the Applicant, Goodwill Industries, has requested a six month extension of an
approved Conditional Use Permit to establish an interior donation center at 7232 Regional Street; and
WHEREAS, on August 28, 2007 the Planning Commission approved a Conditional Use Permit to
allow the establishment of an interior donation center at the Goodwill retail store (Planning Commission
Resolution 07-43); and
WHEREAS, Section 8.96.020 D of the Dublin Zoning ~hdinance states that the permitted
construction or use must commence within one (1) year of permit approval, or the permit shall lapse and
become null and void; and
WHEREAS, Section 8.96.020.E of the Dublin Zoning Ordinance provides that the Planning
Commission may grant aone-time extension, not to exceed six (6) months, of an approved Conditional
Use Permit; and
WHEREAS, Goodwill Industries submitted a written statement requesting a six (6) month time
extension on August 6, 2008; and
WHEREAS, the project is for the establishment of an interior donation center at the Goodwill
retail store; and
WHEREAS, the Conditions of Approval for Planning Commission Resolution 07-43 continue to
apply to the Conditional Use Permit and remain adequate to assure that its findings of approval for
Resolution 07-43 will continue to be met; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and this project was found to be categorically exempt
under the CEQA Guidelines Sectio~i 15301 as it is a comparable use in an existing building with minor
alteration; and
WHEREAS, a Staff Report was submitted to the Plannin; Commission on August 26, 2008
recommending approval of the requested time extension; and
WHEREAS, the Planning Commission did hold a public hearing on said application; and
WHEREAS, proper notice of said hearing was given in all re ~pects as required by law.
ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin
does hereby find that the Conditions of Approval for the Conditional Use Permit are adequate to assure
that the findings of approval in Resolution 07-43 will continue to be met as required by Section
8.96.020.E of the Dublin Zoning Ordinance.
BE IT FURTHER RESOLVED that the Planning Commi ~sion does hereby grant a six month
extension of the Conditional Use Permit approved by the Plaruting Commission Resolution 07-43
provided that all other Conditions of Approval shall remain intact.
PASSED, APPROVED AND ADOPTED this 26th day of August 2()08 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
G:\PA#\2006\06-053 Goodwill Industries\Extension\C UP Reso.DOC
2
RESOLUTION NO. 07 - 43
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO ALLOW GOODWILL TO ACCEPT
DONATIONS INSIDE THE RETAIL STORE IN THE C-1 (RETAIL COMMERCIAL) ZONING
DISTRICT LOCATED AT.7232 REGIONAL STREET (APN 941-0305-004-02)
PA 06-053
WHEREAS, the Applicant, Goodwill Industries, has requested approval of a Conditional Use
Permit to allow Goodwill to accept donations at the existing retail sure located at 7232 Regional Street;
and
WHEREAS, the donation would be accepted in conjunction with an existing store and all
donations would be accepted inside the store in a new drop-off area inside the building; and
WHEREAS, a Recycling Facility is permitted in the C-1 (:Zetail Commercial) Zoning District
with approval of a Conditional Use Permit by the Planning Commissi~~n; and
WHEREAS, the Community Development. Director has determined that the acceptance of
donations-for the resale of the items donated provided by Goodwill are substantially similar to the services
provided by a Recycling Facility, as set forth in the Dublin Zoning Oniinance Section 8.08.020; and
WHEREAS, the Applicant submitted project plans and a vmtten description for the requested
entitlement received by the Planning Division,, which are on fil~: in the Community Development
Department; and
WHEREAS, the application has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and this project was found to be categorically exempt
under the CEQA Guidelines Section. 15301 as ~it is a comparable use: in an existing building with minor
alteration; and
WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public
hearing on said application on August 28, 2007; and
WHEREAS, proper notice of said public hearing was given ii- all respects as required by law; and
WHEREAS, the Staff Repo~~t was submitted recommending that the application be conditionally
approved;. and
WHEREAS, the Planning Commission did hear and consid~;r all said reports, recommendations
and testimony herein above set forth and used its 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 Dubli~i Planning Commission does hereby
find that:
Attachment 2
A. The proposed use, as conditioned, is compatible with other land uses, transportation and
service facilities in the vicinity because: 1) the property is zoned C-1 (Retail Commercial);
2) the acceptance of donations at this facility is permitted in the C-1 (Retail Commercial)
Zoning District with a Conditional Use Permit; 3) the proposed use is compatible with uses
in the vicinity, which include a retail and service uses; 4) donations will be accepted only
inside the store and as conditioned will not impact surrounding businesses; and 5) the
acceptance of donations will be used to support the existing Goodwill store which is a non-
profitbusiness. _ _
B. The proposed use, as conditioned, 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: 1) the proposed use will comply with a11.City of Dublin and State regulations; 2)
the proposed use will be located in an existing building and is compatible with the existing
uses within the building and uses in the vicinity of the building; 3) the use will be
conducted entirely within the building; and 4) as conditioned, improvements will be
required to be made to the property in order to minimize impacts this use may have on
existing uses and to bring the property into compliance with current State, Regional and
Local regulations including modifications to the site to comply with NPDES requirements
and restriping and patching/repair of the parking lot surface to promote safety and property
maintenance on the site.
C. The proposed use, as conditioned, will not be injurious to property or improvements in the
neighborhood because: 1) as conditioned, the proposed use will comply with all City of
Dublin and State regulations; 2) the proposed use will be located in an existing building
with minimal exterior modifications to the building, and the minor exterior modifications
are designed to reduce impacts on adjacent businesses; 3) as conditioned, the proposed use
will be compatible with the surrounding uses which include a variety of retail and service
uses; 4) as conditioned, improvements will be required to be made to the property,
including repairs in order to bring the property into compliance with current Local and
State regulations; and 5) several 'conditions have been included in this Resolution to reduce
impacts on adjacent properties and the City with respect to safety, trash accumulation and
monitoring of the site.
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 because: 1) the proposed use will be located in an
existing building and will not require additional public services; and 2) the building and
property were designed to accommodate a variety of uses, with which the proposed use is
compatible.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed because: 1) the proposed use will be located in an
existing building which was designed to support a variety of retail and service uses; 2) the
proposed donation center is small and will only occupy a small portion of the Goodwill
store; 3) as conditioned, the Applicant will be required to exercise adequate property
maintenance including the removal of any items which are dumped outside of the store; 4)
as conditioned, the Applicant will be required to monitor the site and remove any donations
left at the store after hours; and 5) as conditioned, improvements will be required to be
2
made to the property which will reduce impacts on adj~icent uses and aid in the operation of
the proposed use.
F. The proposed use will not be contrary to the s~~ec~c intent clauses, development
regulations or performance standards established for the zoning district in which it is
located because: 1) the proposed use is a Conditional Use in the C-1 (Retail Commercial)
Zoning District and is a permitted use when the required findings as stated in Section
8.100.060 of the Dublin Zoning Ordinance can be matte; 2) the proposed use is compatible
with the existing retail use in the building (Goodell Store) and therefore meets the
requirements of the Dublin Zoning Ordinance; and 3) the proposed use is consistent with
the intent of the C-1 (Retail Commercial) District as defined by Section 8.24.020.C of the
Dublin Zoning Ordinance because the proposed use meets the needs of residents in the
City, is compatible with the surrounding land uses acid will be conducted entirely within
the existing building.
G. The proposed use, as conditioned, is consistent with the Dublin General Plan because: 1)
the General Plan Land Use designation for the parcel is Retail Office, which permits retail
and service uses; 2) the proposed use is permitted with a Conditional Use Permit and is
compatible with the zoning district in which it is located; and 3) as conditioned, the
proposed use will operate in such a manner as tc limit impacts on the surrounding
businesses.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve PA 06-053,
Conditional Use Permit, to allow Goodwill to accept donations in their existing retail establishment in the
C-1 (Retail Commercial) Zoning District 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 use, and` shall be subject to review and approval by the City of
Dublin. The following codes represent those departments/agencies responsible for monitoring compliance
of the conditions of approval: [PL.] Planning, [B] Building, [PO ~ Police, [DSR] Dublin San Ramon
Services District and [F] Alameda County Fire Department.
CONDITION TEXT RE3PON. WHEN REQ'D SOURCE
AGENCY Prior to:
GENERAL -CONDITIONAL-USE PERMIT
1, Approval. This Conditional Use Permit PL On-going Planning
approval for PA 06-053 allows an interior
donation center for the Goodwill store
located at 7232 Regional Street. The project
shall generally conform with the project
plans received by the Planning Division on
February 15, 2007 on file in the Community
Development Department, and other plans,
text, and diagrams relating to this
Conditional Use Permit, unless modified by
the Conditions of Approval contained
herein.
2 Permit Expiration. Approved use shall PL On-going DMC
, commence within one 1 ear of CUP 8.96.020.D
3
CO~TDTTION TEXT' . •. ,.
_ RESP~1~ WHEN REQ'D SOURCE
,
..,
..,
,.
AGENC~~
Prior to:
_
approval, or the CUP shall lapse and
become null and void. Commencement of
use means the actual use pursuant to the
permit approval, or, demonstrating
substantial progress toward commencing
such use. If there is a dispute as to whether
the Permit has expired, the City may hold a
noticed public hearing to determine the
matter. Such a determination may be
processed concurrently with revocation
proceedings in appropriate circumstances.
If a CUP expires, a new application must be
made and processed according to the
requirements of the Dublin Zoning
Ordinance.
3. Continued Use. This Conditional Use PL On-going Planning
Permit approval shall become null and void
in the event the approved uses cease to
o erate for aone- ear eriod.
4. Annual Review. On an annual basis, this PL, PO On-going Planning
Conditional Use Permit approval may be
subject to a review by the Planning Manager
and/or the Police Services Department to
determine compliance with the Conditions
of A royal.
5 Revocation. This permit shall be revocable PL On-going DMC
. for cause in accordance with Dublin Zoning 8.96.020.I
Ordinance Section 8.96.020.I, Revocation.
Any violation of the terms of the terms and
conditions of this permit may be subject to
the issuance of a citation.
6 Modifications. Modifications or changes to PL On-going DMC
, this Conditional Use Permit approval may 8.100.080
be considered by the Community
Development Director if the modifications
or changes proposed comply with Section
8.100.080 of the Zonin Ordinance.
PRO JECT SPECIFIC =CONDITIONAL USE P ERMIT
~ Property Maintenance: Per the City of PL On-going DMC
, Dublin Non-Residential Property 5.64.050
Maintenance Ordinance DMC Section
5.64.050, the Applicant and 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.
g, Graffiti. Per the City of Dublin Graffiti PL, PO On-going DMC 5.68
Ordinance DMC Section 5.68, the
Applicant or Property Owner shall keep the
site clear of affiti vandalism at all times.
t-__
TLT!'~
9 ~ Temporary Yromotionat ~ignage. rrior to ~ ri, ~ ,~i~yiay ~ L•••~ ~
4
CONDITIONTEXT RESPOhT;::. WHEN REQ'D SOURCE
,,
..
:_.
AGENCY
Prior" to
; .
the display of any temporary signs, 8.84.OSO.T
including banners, a Temporary
Promotional Sign Permit must be applied .
for and a roved.
10. Signage. All signs associated with the store PL On-going DMC 8.84
arid~ donation center shall comply with the
provisions of Chapter 8.84, Sign
Re lations at all times.
11. Window Signs. Window signs shall be less PL On-going DMC
than 25% of the contiguous window area 8.84.OSO.V
from which the are viewed.
12. Trucks. There shall be no storage of PL, PO On-going Planning
loading trucks, trailers, carts, dollies or any
similar item outside of the store. All trucks
and trailers shall be used for loading and
unloading only and shall be removed from
the site once the loading/unloading is
' complete. All trucks and trailers shall be
parked in a designated parking or loading.
area and shall not block the drive aisle.
13. Inspections. Goodwill Industries or their PL, PO On-going Planning
agent shall monitor the store a minimum of
two times during non-business hours each
day to monitor the site, remove trash or
unattended donations.
14. Unattended Donations. The Store Manager PL, PO On-going Planning
and employees shall continuously monitor
the exterior perimeter of the store and shall
promptly remove any donations left
unattended in these areas.
15. Loading/Unloading. All goods which are PL On-going Planning
delivered or picked-up from the store shall
be immediately located inside the store' or
truck. At no time shall these items be
located outside of the store, even on a
tem or basis.
16. Trash Bins. All trash and recycling bins PL On-going Planning
shall be kept inside of the store at all times
and may only be removed on a temporary
basis for pick-up. The bins shall be
immediately returned to the inside of the
store once ick-u has occurred.
17, Security. A security system which PL, PO On-going Planning
discourages the dropping off of donations
after hours and associated signage shall be
installed prior to accepting donations at the
store. The security system anti signage shall
be maintained at all times. The video
surveillance system proposed by the
Applicant shall be installed so that it covers
the area on the west side of th.e building and
any area of the storefront not covered by the
flash type camera. Both camera systems
shall have a recordin ca abili
lg, Camera. The Applicant shall install a PL, PO Occupancy and On- Police
CONDLTION TEST RES$ON WHEN RE(~'D SOURCE
>.
AGENCY
Pnor to
camera system that captures a photograph going
with a flash and announces a recorded audio
message stating that the business is closed
and that any material goods dropped off after
normal business hours is considered littering
and that the erson is tres assin .
19. Donation Removal. Donation or any debris PL, PO On-going Police
associated with the Goodwill store shall be
removed from adjacent parcels. These areas
shall also be regularly monitored by the
20, store.
Conditions of Approval. A copy of these
PL
On-going
Planning
Conditions of Approval shall be kept inside
the Goodwill Store. Goodwill Industries
shall educate all Employees and Store
Managers on compliance with these
conditions.
21 Use. All business, with the exception of PL On-going DMC
. loading and unloading of goods, must be 8.24.020
conducted entirely within the building per
DMC Section 8.24.020.
22. Temporary Use Permits. Any outdoor PL On-going DMC 8.108
display of merchandise must be approved by
means of the issuance of an approved
Temporary Use Permit per DMC Section
23, 8.108.
Inspection. Prior to accepting donations in
~ PL, PO
Accepting Donations
Planning
this store, Goodwill Industries shall contact
the Planning Division to schedule an
inspection with the Planning Division and
Police Services Department to ensure that
all Conditions of A royal have been met.
BUI LDING AND SAFETY DIVISION
24. Building Permit. A Building Permit shall F, B Occupancy Building
be obtained for any construction work being
done to create the donation center.
25. Building Codes and Ordinance. All B Through Completion Building
project construction shall conform to all
building codes and ordinances in effect at
the time of buildin Permit.
26 Building Permits. To apply for building B Issuance of Building Building
. permits, the Applicant shall submit eight Permits
(8) sets of construction plans to the
Building Division for plan check. Each set
of plans shall have an annotated copy of
these Conditions. of Approval attached. 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.
The Applicant will be responsible for
obtaining the approvals of all participating
non-City agencies proper to the issuance of
Buildin Permits.
CONDITION TEXT 1tESPON `WHEN REQ'D `SOURCE
-. , ..:.
AGENCY.. ,;
_ ..Prior fo?
27, Construction Drawings. Construction B :asuance of Building Building
plans shall be fully dimensioned (including Permits
building elevations) accurately drawn
(depicting all existing and propose
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.
28, Addressing. Addressing will be required B Occupancy Building
on all doors leading to the exterior of the
building. Addresses shall be illuminated
and be able to be seen from the street, 5
inches in hei t minimum.
29, Air Conditioning Units. 'Air conditioning B On-going Building
units and ventilation ducts shall be screened
from public view with materials compatible
with the main building. t~nits shall be
permanent installed on concrete pads or
other non-moveable materials as approved
by the Building Official anal Community
Develo ment Director.
PUB LIC WORKS
30. Clarifications and Changes to the PW Prior to Approval of Public Works
Conditions. In the event that there needs Improvement Plans
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 Directors of Community
Development and Public Works and placed
in the project file. The Directors also have
the authority to make minor modifications
to these conditions without going to a
public hearing in order for the Developer to
fulfill needed improvements or mitigations
resultin from im acts of this ro'ect.
31. Standard Public Works Conditions of PW Prior to Approval of Public Works
Approval. Applicant/Developer shall Improvement Plans
comply with all applicable City of Dublin
Public Works Standard Conditions of
Approval. In the event of a conflict
between the Public Works Standard
Conditions of Approval and these
Conditions these Conditions shall revail.
32, Hold Harmless/Indemnification. The PW Through completion Public Works
Developer shall defend, indemnify, and of Improvements and
hold harmless the City of .Dublin and its Occupancy of the
agents, officers, and .employees from any Building
claim, action, or proceedi~ig against the
City of Dublin or its advisory agency,
appeal board, Planning Commission, City
Council, Community Development
Director Zonin Administrator or an
CONDITION TEXT- RESPON.
AGENCY WHEN REQ'D
Priorto• SOURCE
othertiepartment, committee, or agency of
the City to the extend 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
33 roceedin s.
Improvement and Grading Plans. All
PW
Prior to issuance of
Public Works
, improvement and grading plans submitted Grading/Sitework
to the Public Works Department for Permit
review/approval shall be prepared in
accordance with the approved preliminary
plan, these Conditions of Approval, and the
City of Dublin Municipal Code including
Chapter 7.16 (Grading Ordinance). All
.printing and lettering shall be 1/8"
minimum height and such shape and weight
as to be readily legible on prints and
microfilm reproductions. For on-site
improvements, the Applicant/Developer
shall adhere to the City's On-site Checklist
(eight 8-1/2" x 11" pages). All of these
reference documents are available from the
Public Works Department (call telephone
925-833-6630 for more information).
A detailed Erosion Control Plan shall `be
included with the improvement plan
approval. The plan shall include detailed
design, location, and maintenance criteria of
all erosion and sedimentation control
measures.
34 Grading/Sitework Permit. All PW Issuance of Public Works
. improvement work must be performed per Grading/Sitework
a Grading/Sitework Permit issued by the Permit
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. The current cost of the
permit is $10.00 due at the time of permit
issuance althou the A licant/Develo er
CONDTTION TEXT' RESPON WHEN"REQ'D. SOURCE
. AGENCY : Prior to:
will be . responsible for any adopted
increases to the fee amount.
35. Erosion Control during Construction. PW Issuance of Public Works
Applicant/Developer shall include an Grading/Sitework
Erosion and Sediment Control Plan with ]?ermit and During
the Grading and Improvement plans for Construction
review and approval by the City
Engineer/Public Works Director. Said
plan shall be designed, implemented,
and continually maintained pursuant to
the City's NPDES permit between
October 1St and April 15th or beyond
these dates if dictated by rainy weather,
or as otherwise directed by the City
Engineer/Public Works Director.
36. Water Quality/Best Management Issuance of
Practices. Pursuant to the Alameda Grading/Sitework
Countywide National Pollution Permit
Discharges Elimination Permit
(NPDES) No. CAS0029831 with the
California Regional Water Quality
Control Board (RWQCB), the applicant
shall design and operate the site in a
manner consistent with the Start at the
Source publication, and according to
Best Management Practices to minimize
storm water pollution. All trash
dumpsters and compactors which are
not sealed shall have roofs to prevent
contaminants from washing into the
storm drain system. All storm drain
inlets serving vehicle parking areas and
connecting to the public storm drain
shall be fitted with Filter Devices to
remove Hydrocarbons and other
contaminants, and all storm drain inlets
shall have drain markers "No Dumping
-Drains to Creek" using an approved
marker available from the Alameda
Countywide Clean Water Program.
37, Public Sidewalk. The existing accessible PW Issuance of Public Works
concrete walkway from the public sidewalk Grading/Sitework
on Regional Street to the building entrance Permit
does not meet the current California
Building Code requirements. Relocate the
walkway adjacent to the driveway. Said
walkway shall meet 1:12 maximum slope,
be 4'-minimum width with compliant curb
ramps at transitions between the walkway
and the drive aisle . crossings. Install
direction signs. Note that minor adjustments
to the existing parking stall, and
landscaping and irrigation systems will be
necess to modi the walkwa .
CONDITION TEXT RESPON. WHEN RE:Q'D SOURCE
AGENCY Prior to:
38 Parking Lot Lights. Provide photometric PW Issuance of Public Works
, calculation for the existing parking lot and Grading/Sitework
around the building that demonstrates a Permit
minimum foot-candle lighting level of not
less than 1.0 at the ground surface for the
adjacent parking area, if this cannot be
verified provide additional lighting where
necess ' -
39. Driveway. Applicant shall remove and PW ~ - Occupancy Public Works
replace the existing damaged driveway per
current City of Dublin standards.
40. Disabled Handrail. Applicant shall install PW Occupancy Public Works
handrail on both sides of the ramp adjacent
to the building where the ramp slope
exceeds 1:12 to meet current State Title 24
requirements.
41. Vehicle Parking. Applicant should repair PW Occupancy Public Works
any distressed areas of pavement within the
existing parking field, then seal and re-stripe
the entire parking field. All parking spaces
shall be double striped using 4" white lines
set approximately 2 feet apart according to
City standards and §8.76.070 (A) 17 of the
' Dublin Municipal Code. All compact-sized
parking spaces shall have the word
"COMPACT" stenciled on the pavement
within each space. 12"-wide concrete step-
out curbs shall be constructed at each
parking space where one or both sides abuts
a landsca ed area or lanter.
42. Sidewalk. If required, the PW Occupancy Public Works
Applicant/Developer shall repair any
damaged and/or protruding sidewalk on
Regional Street along the project frontage.
The Applicant/Developer shall replace the
existin concrete tree ate with to soil.
43. Landscape Inlands. The PW Occupancy Public Works
Applicant/Developer shall replace the
protruding island curbs and modify parking
stalls to install 12" concrete step out curbs.
44. Signs and Pavement Markings. The PW Occupancy Public Works
Applicant/Developer shall be responsible
for the following on-site traffic signs. and
pavement markings:
1) R26F "No Stopping - Fire
Lane" signs shall be posted
along all curbs that are longer
than 20' and that parallel the
drive aisles as required by the
Fire Marshall.
2 R100B disabled arkin
iu
CONDITION TEXT" RESPON.. WHEN REQxD SOURCE
AGENCY Prior to:
" regulations sign) shall be
installed at the driveway
entrance to the; site with
amended text to read "...maybe •
reclaimed at DUBLIN POLICE
or by telephoning 833-6670".
3) Handicapped parking signs and
legends per State Title 24
requirements.
4) The word "Compact" shall be
stenciled on the pavement
surface within each compact
arkin s ace.
45. Temporary Fencing. Temporary PW During Construction Public Works
Construction fencing shall be installed and Occupancy
along perimeter ~ of all work under •
construction to separate the construction
operation from the public. All construction
activities shall be confined to within the
fenced area. Construction materials and/or
equipment shall not be operated or stored
outside of the fenced area or within the
public right-of--way unless approved in
advance by the City Engineer,~Public Works
Director.
46. Construction Hours. Construction and PW During. Construction Public Works
grading operations shall be limited to week-
days (Monday through Fridayj and non-City
holidays between the hours of 7:30 a.m. and
5:00 p.m. The Applicant/Developer may
request permission to work on Saturdays
and/or holidays between the hours of 8:30
am and 5:00 pm by submitting a request
form to the City Engineer no later than 5:00
pm the prior Wednesday. Overtime
inspection rates will apply for all Saturday
and/or holiday work.
47, Damage/Repairs. The PW Occupancy Public Works
Applicant/Developer shall be responsible
for the repair of any damaged pavement,
curb & gutter, sidewalk, or other public
street facility resulting from construction
activities associated with the; development
of the project.
48, Required Permits. An encroachment PW Various Times and Public Works
permit from the Public Works Department Prior to Issuance of
may be required for any work done within Building Permit
the public right-of--way. Developer shall
obtain all permits required by other
agencies, including, but not limited to
Alameda Coun Flood Control and Water
11
CONDITION TEXT RESPON: WHEN R Q'D SOURCE
AGENCY Prior to•
Conservation District Zone 7, California
Department of Fish and Game, Army Corps
of Engineers, Regional Water Quality
Control Board, Caltrans and provide copies
of the permits to the Public Works
49 De artment.
Fees. The Developer shall pay all
PW
Issuance of Building
Public Works
. applicable fees in effect at the time of Permit
building permit issuance, including, but not
limited to: Planning fees; Building fees;
Dublin San Ramon Services District fees;
Public Facilities fees; City of Dublin Fire
fees; Noise Mitigation fees; Inclusionary
Housing In-Lieu fees; Alameda County
Flood and Water Conservation District
(Zone 7) Drainage and Water Connection
fees; and any other fees as noted in the
Develo ment A Bement.
FIRE PREVENTION DIVISION
50. Combustible Materials. There shall be no F On-going Fire
outside storage of combustible materials or
accumulation of trash outside of an approved
trash container.
51. ]inspection. A fire clearance inspection shall F Occupancy Fire
be conducted and a clearance shall be granted
prior to the donation center being opened to
receive- oods.
POL ICE DEPARTMENT
52. Security. The Project shall comply with all PO On-going Police
applicable City of Dublin Non Residential
Securi Ordinance re uirements.
53. Covers. Vandal resistant covers shall protect PO Occupancy Police
all exterior li tin devices on the ilasters.
54. Lighting. Lighting of the parking areas PO Occupancy Police
shall be uniformly maintained at a minimum
of 1.0 foot candles per 7.32.230 Section 1020
55 c 10 sunset to sunrise.
Motion Lighting. Additional motion
PO
Occupancy and
Police
. lighting shall be installed on the west wall On-going
and store entry areas with an activation mode
set for after the store closin .
56. Camera. Installation of a camera system PO Occupancy Police
that ~ captures a photograph with a flash and
announces a recorded audio message stating And
that the business is closed and that any
material goods dropped off after normal On-going
business hours is considered littering and that
the erson is tres assin .
57, Video .Surveillance. The video PO On-going Police
surveillance system proposed by the
Applicant shall be installed so that it covers
the area on the west side of the building and
any area of the storefront not covered by the
flash type camera. Both camera systems
shall have a recordin ca abili
12
CONDTTIQN TEXT I~ESPON;
AGENCY WHEN REQ'D
Prior tos SOITRCE'
58, Log. 'Fhe Applicant or Store Manager shall PO On-going Police
physically log or document each of the
minimum two nightly inspection visits,
noting the name of the person .inspecting
and the date and time of the on-site
inspection. The log entries shall be noted on
a document that is deposited at the store
each night and is archived by the Store
Manager and subject to inspection by the .
Ci of Dublin at an time.
59. Landscaping. Landscaping shall be kept at PO On-going Police
a minimal height and fullness giving patrol
officers and the general public surveillance
ca abilities of the area.
PASSED, APPROVED AND ADOPTED this 28a' day of August 2C 07 by the following vote:
AYES: Chair Schaub, Commissioners Tomlinson and Biddle
NOES:
ABSENT: Vice Chair Wehrenberg and Commissioner King
ABSTAIN:
,l~J qi-" ~~._
Planning Commission Chair
A TTTi CT:
13
G: IPA#12006106-053 GoodwilllPC Reso.doc
AGENDA STATEP/IENT
PLANNING COMMISSION MEETIr1G DATE: August 28, 2007
SUBJECT: PUBLIC HEARING: PA 06-053 Goodwill Industries -Conditional Use
Permit to allow Goodwill to accept donations at the existing Goodwill retail
establishment located at 7232 Regional Street
Report Prepared by Erica Fraser, Senior Planner
ATTACHMENTS: 1) Resolution approving a request for i Conditional Use Permit for an
interior donation center at the existing Goodwill store.
2) Project Plans.
RECOMMENDATION: 1) Receive Staff presentation;
2) -Open the public hearing;
3) Take testimony from the Applicant and the public;
4) Close the public hearing and deliberate; and
5) Adopt a Resolution (Attachment 1) approving a request for a
Conditional Use Permit for an interior donation center at the existing
Goodwill store.
BACKGROUND:
The Goodwill store has operated a retail facility at 7232 Regional Street since 2003. The Goodwill store
was previously located in the Shamrock Village shopping center. Since moving to its current location in
2003, the Goodwill store has not accepted donations. The previous Goodwill store accepted donations via
a trailer parked on the site (allowed by a Conditional Use Permit ap~~roved by the Planning Commission)
from 1989 until the store moved to its current location in 2003.
The Community Development Director has determined that a builc.ing at which donations are accepted
shall be considered a Recycling Facility. Chapter 8.08 of the Dublin Zoning Ordinance defines Recycling
Facilities as an indoor or outdoor facility which accepts reusable materials. Recycling Facilities aze a
Conditional Use in the C-1 (Retail Commercial) Zoning District in which the Goodwill store is located.
Conditional Use Permit approval by the Planning Commission is required in order to allow the Goodwill
store to accept donations inside thew store because the drop-off of do nations and resale of the donations is
consistent with the definition of a Recycling Facility.
ANALYSIS:
The Conditional Use Permit process allows the City to place conditions of approval on the project to
ensure that the operation of the proposed use is compatible with the surrounding uses. The project has
beeri reviewed for issues related to operating chazacteristics, pazking, and project design. Conditions of
Approval have been proposed where appropriate to ensure compatibility.
COPIES TO: Applicant/Property Owner
In-House Distribution
File
Page 1 of 5
ITEM NO. ~' ~
G:\PA#\2006\06-053 Goodwill\PC Agenda Statement.doc
Attachment 3
Goodwill Industries currently operates a retail facility inside of th; building located at 7232 Regional
Stre~°t. The Goodwill store occupies the entire 6,105 square foot building. No other buildings are located
on this parcel. Surrounding uses include the Almond Plaza shopping center and other retail buildings. The
location of the store is shown on the map below.
The donation center will operate seven days a week and will accelrt donations from 9:00 am until 8:00
prrc. The donatio~i center will be located inside the existing retail store. Patrons will be required to park
their vehicle and take their donatio:zs inside the donation center entrance (location is shown on the site
plan.). No donations will be accepter. outside of the store.
In order to minirruze the impact on ~:he adjacent businesses and to ensure that items are not left outside of
the store when the store is closed, Goodwill Industries will in~,orporate several measures into the
operation of they- businesses including no outside storage, appropr. ate signage to direct patrons and the
instillation of video monitoring equipment to monitor the site. The measures are included on page 1 of
Attachment 2, which is the written statement for the project. Additional measures and conditions related
to the operation of the donation center are discussed in detail below.
The parking lot v~~ill be monitored throughout the day to ensure that all trash is removed from the site and
any abandoned goods are removed. conditions of Approval 7, 14, 1 `~ and 19 also require that these efforts
be conducted regularly. Additionalh~, during the hours when the store is closed, a Goodwill representative
will visit the site two times during n~~n business hours to remove any abandoned items.
Additionally, in order to ensure that adequate monitoring will be co Zducted on the site and to ensure that
patrons do not abandon goods outside of the store, new signage (please refer to the project plans) and a
camera system will be installed outside of the building. T'he camera. system will capture a photograph of
Page 2 of 5
the patron and will announce recording stating that the business is red and dropping any items off
after business hours is considered littering (Conditions of Approval 17 and 18).
In order to minimize impacts on the surrounding properties, the loading trucks will be required to park in
designated parking stalls (Condition of Approval No. 12) only. Truc;ks are not permitted to be parked in
the drive-aisle at any time.
The Zoning Ordinance does not include a parking requirement for Recycling Facilities. Iri this case, the
parking for a recycling facility in conjunction with a retail store world be 1 stall per 300 square feet (the
same as retail). The existing building was approved as a retail building with 18 parking stalls. This is less
than the 21 parking stalls that are typically required for a retail use (l stall per 300 square feet). However,
because the building was approved with a lower parking requirement and the building was approved as a
retail building, the lower number has been "grandfathered" which allows retail uses to continue to operate
in the building. It does however, prohibit uses from locating insi ie the building which have a more
intense parking requirement than retail (for example an office which requires 1 stall per 250 square feet).
Three spaces near the entrance to the donation center will be post~;d with signage limiting the parking
time to 20 minutes to facilitate the dropping off of donations.
Thy` Conditions of Approval (contained in Attachment 1) have been drafted to require that the property
owner exercise adequate property maintenance of the site and also include requirements for the operation
of the businesses. These conditions have been drafted to minimize the impact the donation center will
have on the adjacent neighbors as well as reducing impacts to City services (such as the Police
Department) when items are left outside of the store. Goodwill has agreed to the conditions and the
written statement prepared by Goodwill (included in Attachment 1) also includes measures they will
incorporate into their business to ensure that they will minimize impacts on the City and the adjacent
businesses. With the incorporation of these Conditions of Approval and with the project description as
outlined in the project plans and written statement, the acceptance o:' donations at the Goodwill store will
be compatible with the existing use rind businesses in the vicinity.
Conformance with Zoning Ordinance and General Plan
The project site is zoned C-1 (Retail Commercial). A Recycling FaciLty is permitted with the approval of a
Conditional Use Permit. The General Plan Land Use designation 1 or the parcel is RetaiUOffice, which
permits a wide range of retail and service uses.
The proposed applications are consistent with the Dublin General Plan and the Municipal Code because
the projects are compatible with the existing zoning and Gener~il Plan Land Use designation. As
conditioned, the proposed Conditional Use Permits would ensure that the donation center will be operated
and maintained in such a manner as to reduce impacts on surrounding; properties.
Conditional Use Permit Findings
In order for the Planning Commission to approve a request for a Conditional Use Permit, the Planning
Commission must make all. of the findings found in Section 8.100. X60 of the Dublin Zoning Ordinance
and included on pages 2-3 of the attached Resolutions (Attachment 1).
CONCLUSION:
This application has been reviewed by the applicable City departme:its and agencies, and their comments
have been incorporated into the Conditions of Approval for the project. The proposed project, as
conditioned, is consistent with the Dublin General Plw-~ and the Zoning Districts in which the project site
is located and represents an appropriate project for the site.
Page 3 of 5
ENVIRONMENTAL REVIEW
The project has been reviewed under the California Environmental Quality Act, (CEQA), State CEQA
Guidelines and the Dublin Environmental Guidelines, and the project has been found to be Categorically
Exempt per CEQA Section 15301 (minor alteration of existing facilities).
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate;
and 5) Adopt a Resolution (Attachment 1) approving a request for a Conditional Use Permit for an
interior donation center at the existing Goodwill store.
Page 4 of 5
GENERAL INFORMATION
APPLICANT:
PROPERTY OWNER:
LOCATION:
GENERAL PLAN
LAND USE DESIGNATION:
ZONING:
SURROUNDING USES:
Goodwill Industries
1301 30th Avenue
Oakland, CA 94601
Vaughan Bargy
2117 Stewart Avenue
Walnut Creek, CA 94596
7232 Regional Street
RetaiUOffice
C-1 (Retail Office)
Location Toning General Plan Land Use Current Use of
Pro e
Site C-1 (Ret;iil RetaiUOffice Retail
Commercial)
North C-1 (Retail RetaiUOffice Gas Station
Commercial)
South C-1 (Retail RetaiUOffice Almond Plaza (Retail)
Commercial)
East C-1 (Ret<~il RetaiUOffice Longs, Ranch 99 and
Commercial) retail sho s
West C-1 (Ret:iil RetaiUOffice Retail
Commercial)
ENVIRONMENTAL REVIEW: This project is Categorically E;cempt from the environmental review
requirements of the California Environmental Quality Act (CEQA),
pursuant to CEQA Guidelines ;>ection 15301- Existing Facilities.
Page 5 of 5
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Attachment 4
SIDfWAi.K •'•'-•- •-•-
City of Dublin
Date: February 12, 2007
Donation Reception Center
PA-06-OS3 C.U.P.
7232 Regional St.
Dublin Ca. 94568
Revision of written statement for submission of Conditional IJse
APPR010EC~
~ ~~
Date: ~I a~~ U1
PA #: ~ ~ ' C7S~
Resohlllwn tb.: ~-1 ' y
Resolution Date: ~ ~ f)~
This is an established retail store. Goodwi111ndustriesphn to utilize existing space as a
Donation Reception Center for the purpose of receiving donated goods from the local
community, in order to support anon-profit organization.
The Donation Center operating hours will be 7 days a week, closed only during
Thanksgiving & Christmas day, with 2-3 employees working each day, starting @
8:OOam. The Donation Center will be open for donors to drop off their donation @ 9:00
am & closing at S:OOpm.
Proposed Conditions for Approval:
(1) That all donations will occur through the donation center front door in a manner
1GL-.riltated aL14 J.Ll\J111~VLt~d by Ci-(3^vd W111 lllu lrstll~is, rllVl~idrllg LIlV lls~i of a dolly
loaded in the parking lot.
(2) That there will be no storage of loading trucks or trailers at the facility and that
the trucks will be removed from the facility on an hourly basis. Daily, the
delivery & loading of goods from this facility will not exceed a maximum of 4
events.
(3) That there will be no outside storage of equipment at The facility. All bins, dollies
and other equipment will be of size and shape such that they can enter and exit
through storefront doorways and can be stored inside at all times.
(4) That Goodwill Industries will post signage in storefront display window or door
as approved by the City of Dublin that notifies the public of:
(a) The types of donation items that are accepted
(b) The types of donation items that are unacceptable
(c) The hours of operation
(d) The contact information for a person responsible for the removing of
donations that are dropped off at non-business hours
(S) That all donations dropped offduring non-business hours will be considered a
nuisance. A Goodwil.I Industries representative will visit the location at least
twice during non-business hours to monitor and if necessary, clean the storefront
area to ensure that any litter or unattended donations are promptly remove.
(6) That the removal of ~tll donated durable goods will oc~sur during business hours.
(7) That Goodwill Industries will install video security equipment, posting of such
surveillance to discourage the dropping off of nuisance donations during non-
business hours of opf:rations.
FiE^E1VE1~
FEB 1 5 2007
DUBLIN PLANNING
(8) Parking of Goodwill trucks will occur on the side of the present facility as not to
block any thorough faire of City vehicles or public vehicles.
(9) The proposed use will not create a demand for public services within the City to
meet in the light of taxation and spending restraints ix~ that the use will be
maintained and operated at the cost of the applicant
(10} The proposed use is consistent with the City's approved funding priorities
in that the project will not impact City expenditures.
(11) Signage discouraging dumping will be posted in three (3) locations on the
facility.
We believe that there will be no need for any improvements for parking spaces, as this
location has eighteen (18) spaces, with plans to designate 3 spaces for donation only
parking (24) minutes maximum, and that this property is not :.oeated on a hazardous
waste/substance site.
This type of business also brings to the local business community potential customers for
the surrounding business area, and there should be no negative impacts for the
surrounding area in regards to safety, health & welfare. ,
This application should be approved based on community demand & a need to participate
in a community based non-profit organization, and in fact we have been in the operation
~l~lail 11t the Clt' of ~Libiui ivr i'3Ver ~4 ' ~aa~ We arc a °ai~ i~f the wuuil't~.uli
GOODWILL INDUSTRIES
OF THE GREATER EAST BAY
1301 Thirtieth Avenue
Oakland, CA 94601-2208
Tel: (510) 698-7200
Fax: (510) 534-0837
www.eastbaygoodwi Il.org
7/29/2008
RECEIVED
Erica Fraser
Senior Planner AUG 0 6 2008
City of Dublin DUBLIN PLANNING
100 Civic Plaza, Dublin, C~aifornia 94568
RE: Expiration of Conditional Use Permit
Dear Ms Fraser
I am requesting an extension for our "Conditional U:;e Permit". Due to
operational necessities in other areas of our business we were forced to postpone this
project. We are now in a position to refocus our attention an3 move forward on this
project.
At this point our last estimate for this project is at least 1 year old. We will need to put
out new bids for the project, which will take at least a month.. The project will take at
least 2-3 months to complete.
~~~
David Franklin
Donation Manager
Goodwill Industries of the Greater East Bay
Attachment 5
CHANGING DIVES AND BUILDING A STRONGER COMMI)NITY -ONE SOB AT A TIMEI