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HomeMy WebLinkAbout8.1 Attmt 1 Reso Appv CUP for Hospice FoundationRESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE HOSPICE FOUNDATION OF THE EAST BAY TO ACCEPT DONATIONS INSIDE THE RETAIL STORE IN THE PD (PLANNED DEVELOPMENT) ZONING DISTRICT LOCATED AT 7381 AMADOR VALLEY BLVD. (APN 941-0175-021-08) PA 08-039 WHEREAS, the Applicant, Hospice Foundation of the Ea,;t Bay has requested approval of a Conditional Use Permit to accept donations at a retail store located at '1381 Amador Valley Blvd.; and WHEREAS, the donations would be accepted in conjunction with a retail store and all donations would be accepted inside the store in a drop-off area inside the building during normal business hours; and WHEREAS, a Recycling Facility is permitted in the particular PD (Planned Development) Zoning District where the project site is located with approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the Community Development Director has determined that the acceptance of donations for the resale of the items donated provided by the Hospice Foundation of the East Bay are substantially similar to the services provided by a Recycling Facility, as defined in the Dublin Zoning Ordinance Section 8.08.020; and WHEREAS, the Applicant submitted project plans and a written description for the requested entitlement received by the Planning Division, which are on file; 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 (" Ph nning Commission") held a public hearing on said application on November 25, 2008; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending That the application be conditionally approved; 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 make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. ATTACHMENT 1 NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby find that: 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 PD (Planned Development); 2) the acceptance of donations at this facility is permitted in the PD Zoning District where the project site is located with a Conditional Use Permit; 3) the proposed use is compatible with uses in the vicinity, which include -etail, restaurant 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 Hospice Foundation of the East Bay. 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 all 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 mini ize impacts this use may have on existing uses. C. The proposed use, as conditioned, will not be injurious: to property or improvements in the neighborhood because: 1) as conditioned, the propos,,-d 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, restaurant 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 will occupy a portion of the Hospice Foundation of the East Bay 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 adjacent uses and aid in the operation of the proposed use. F. The proposed use will not be contrary to the specific intent clauses, development regulations or performance standards established for the zoning district in which it is located because: 1) the proposed use is a Conditional Use in the PD (Planned Development) Zoning District where the project site is located and is a permitted use when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 2) the proposed use is compatible with the retail use of the tenant space (Hospice Foundation of the East Bay Thrift Store) and there ore meets the requirements of the Dublin Zoning Ordinance; and 3) the proposed use is consistent with the intent of the PD (Planned Development) Zoning District because the proposed use meets the needs of residents in the City, is compatible with the surround: ng land uses and will be conducted entirely within the existing building. G. The proposed use, as conditioned, is consistent with tine 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 to limit impacts on the surrounding businesses. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve PA 08-039, Conditional Use Permit, to allow Hospice Foundation of the East Eay to accept donations in the retail establishment in the PD (Planned Development) 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 r;view and approval by the City of Dublin. The following codes represent those departments/agencies re::ponsible 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 RESPON. AGENCY WHEN REQ'D Prior to: SOURCE GENERAL - CONDITIONAL USE PERMIT 1. Approval. This Conditional Use Permit PL On-going Planning approval for PA 08-039 allows an interior donation center for the Hospice Foundation of the East Bay located at 7381 Amador Valley Blvd. The project shall generally conform with the project plans received by the Planning Division on October 24, 2008 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. 3 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 2. Permit Expiration. Approved use shall PL On-going DMC commence within one (1) year of CUP 8.96.020.D 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 operate for a one-year period. 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 roval. 5. Revocation. This permit shall be revocable PL On-going DMC for 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. 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 Zoning Ordinance. PROJECT SPECIFIC - CONDITIONAL USE P ERMIT 7. 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 continuous basis. 8, 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 graffiti vandalism at all times. CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 9, Temporary Promotional Signage. Prior to PL Display DMC the display of any temporary signs, 8.84.050.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 and donation center shall comply with the provisions of Chapter 8.84, Sign Regulation , at all times. 11. Window Signs. Window signs shall be less PL On-going DMC than 25% of the contiguous window area 8.84.050.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 or obstruct site circulation. 13. Deliveries. The number of truck deliveries PL On-going Planning and/or pick-ups shall be limited to one a day. The deliveries and/or pick-ups shall occur between 9:00 a.m. to 11:00 a.m. or between 2:00 .m. to 4:00 .m. 14. Additional Truck Deliveries and/or pick- PL On-going Planning ups. If it is determined that more items are dropped off at the Hospice Foundation of the East Bay Thrift Store over a typical week-end than what the store can accommodate, week-end deliveries and/or pick-ups will be required. 15. Unattended Donations. The Store Manager PL, PO On-going Planning and employees shall monitor the exterior perimeter of the store hourly and shall promptly remove any donations left unattended in these areas. 16. 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 temporary basis. 17. 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 pick-up has occurred. 18, Security. A security system which PL, PO Prior to Acceptance Planning discourages the dropping off of donations of Donations after hours and associated signage shall be installed prior to accepting donations at the CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: _ store. The security system and signage shall be maintained at all times. A video surveillance system shall be installed so that it covers any area of the storefront not covered by the flash type camera. Both camera systems shall have a recording capability. 19. Camera. The Applicant shall install a PL, PO Dccupancy and On- Police 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 person is trespassi g. 20, Donation Removal. Donations or any PL, PO On-going Police debris associated with the Hospice Foundation of the East Bay thrift store shall be removed from adjacent parcels. These areas shall also be regularly monitored by the store. 21. Conditions of Approval. A copy of these PL On-going Planning Conditions of Approval shall be kept inside the Hospice Foundation of the East Bay thrift store. The Hospice Foundation of the East Bay shall educate all Employees and Store Managers on compliance with these conditions. 22. 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. 23. 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. 24. Inspection. Prior to accepting donations in PL, PO Accepting Donations Planning this store, Hospice Foundation of the East Bay shall contact the Planning Division to schedule an inspection with the Planning Division and Police Services Department to ensure that all Conditions of Approval have been met. BUILDING AND SAFETY DIVISION 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 building Permit. 26, Building Permits. To apply for building B I3suance 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 CONDITION TEXT RESPON.. WHEN REQ'D SOURCE AGENCY Prior to: 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 Building Permits. 27. Construction Drawings. Construction B Issuance 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 height 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. Units shall be permanent installed on concrete pads or other non-moveable materials as approved by the Building Official and Community Develo ment Director. 30. Temporary Fencing. Temporary B Through Completion Building construction fencing shall be installed along the perimeter of all work under construction. PUB LIC WORKS 31. Clarifications and Changes to the PW Prior to Approval of Public Works Conditions. In the event that there needs :mprovement 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 resulting from impacts of this )ro'ect. 32, 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 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 33. Hold Harmless/Indemnification. The PW Through completion Public Works Developer shall defend, indemnify, and cfImprovements and hold harmless the City of Dublin and its Occupancy of the agents, officers, and employees from any Building claim, action, or proceeding; against the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law: provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 34. Walkways. All existing walkways shall be PW Occupancy Public Works upgraded to meet current State Title 24 requirements, including providing truncated domes at each crossing/entrance. 35. 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. 36. Construction Hours. Construction and PW During Construction Public Works grading operations shall be limited to week- days (Monday through Friday) 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. CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 37, 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. 38. 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 County Flood Control and Water 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 Department. 39. 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 Development Agreement. FIRE PREVENTION DIVISION 40. 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. 41. 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 goo s. 42. Fire Codes. The project shall comply with F Through Completion Fire the applicable Building and Fire Codes. Site and Building plans shall be provided for review and approval by the Fire Department. POL ICE DEPARTMENT 43. Security. The Project shall comply with all PO On-going Police applicable City of Dublin Non Residential Security Ordinance requirements. 44. Lighting. Lighting of the parking areas PO Occupancy Police shall be uniformly maintained it a minimum of 1.0 foot candles per 7.32.230 Section 1020 c 10 sunset to sunrise. CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 45. 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 person is trespassing. 46. Video Surveillance. The video PO On-going Police surveillance system shall be installed so that it covers any area of the storefront not covered by the flash type camera. Both camera systems shall have a recording capability. 47. Landscaping. Landscaping shall be kept at PO On-going Police a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area. PASSED, APPROVED AND ADOPTED this 251h day of Novembet 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commi::sion Chair ATTEST: Planning Manager G. IPAM20081PA 08-039 Hospice Boutique CUPIPC Reso.doc 10