HomeMy WebLinkAboutPC Reso 08-39 Appv CUP Hospice Foundation PA08-039RESOLUTION NO. 08-39
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 East Bay has requested approval of a
Conditional Use Permit to accept donations at a retail store located at 7381 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 bui tding 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 ATitten 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 u3e in an existing building with minor
alteration; and
WHEREAS, the City of Dublin Planning Commission ("F lanning 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 ?roposed project is appropriate for the
subject site.
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 users in the vicinity, which include retail, 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 Cit. 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.
C. The proposed use, as conditioned, will not be injuriol4s 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, 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 :-tructures 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 fo,? 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 he 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 therefore 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 surrounding land uses and 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 s) as conditioned, the
nro-( se d use 1x;;1t epe-ate in such a manner as tc limit impacts on the surrounding
I - -'r ?..,_ ?...,
businesses.
BE i t r UR HER RESOLVED dm the Dublin manning l onunis? ion does floc.-Y apps,-, 41 !n(' r'a,
:f
i fln (17i7nn?7 :en t rlll/t to alirnx% }in n+r:? hn7itlnaiirlll nr r11t? Macr ig1J in ?r`r. ni nln at/nnc }n +^9
-`C7a nl1 tlnl _llt 711 T!1 !'C Z failtl n 1 s:"`l Innrll flr? 1 "\n snrT 111ett if`t 1 flt,"`rt nl t!t "? n"111,'?u 1t1 r7 1_n11 It rlrlnc nr
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
Dubiin. The following codes represent those departmentsiagencies r.sponsible for monitoring compliance
O f rile e i'.<17_tiOn of a?}F'rt?V 1: ? 1'L , ? 1'?31T litT?. l ! tlilt 2ntr. ; i't ? o ice. fDS-4 LluNin 1qn Rinion
Services District anti [F] Alameda ounty sire L)epartmeni
Prior to:
1. Approval. This =Conditional Use Permit
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.
AGENCY WHEN REQ'D
Prior to: SOURCE
2. Permit Expiration. Approved use shall PL On-going DMC
D
020
96
8
commence within one (1) year of CUP .
.
.
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
3. Ordinance.
Continued Use. This Conditional Use
PL
On-going
Planning
Permit approval shall become; null and void
in the event the approved uses cease to
4. operate for a one-year period.
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
5. of A royal.
Revocation. This permit shall be revocable
PL
On-going
DMC
8.96.020.1
for cause in accordance with Dublin Zoning
Ordinance Section 8.96.020.1, Revocation.
Any violation of the terms and conditions of
this permit may be subject to the issuance of
6 a citation.
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.
PRO JECT SPECIFIC - CONDITIONAL USE P ERMIT
7. Property Maintenance. Per the City of PL On-going DMC
050
64
5
Dublin Non-Residential Property .
.
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.
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 graffiti vandalism at all times.
CONDITION TEXT RESPON. WHEN REQ'D SOURCE
AGENCY Prior to:
l DMC
9, Temporary Promotional Signage. Prior to PL ay
Disp 84.050.T
8
the display of any temporary signs, .
including banners, a Temporary
Promotional Sign Permit must be applied
for an d a roved.
84
DMC 8
10. Signage. All signs associated with the store PL On-going .
and donation center shall comply with the
provisions of Chapter 8.84, Sign
Re lations, at all times.
i
O
DMC
11 Window Signs. Window signs shall be less PL ng
n-go
. than 25% of the contiguous window area 8.84.050.V
from which the are viewed.
i
O
Planning
12. Trucks. There shall be no storage of PL, PO ng
n-go
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.
The number of truck deliveries
liveries
D
PL
On-going
Planning
13. .
e
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 4:00-11-1q.
i
Pl
Additional Truck Deliveries and/or pick- PL On-going ng
ann
14. 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
ick-u s will be required.
in
Pl
Unattended Donations. The Store Manager PL, PO On-going g
ann
15. and employees shall monitor the exterior
perimeter of the store hourly and shall
promptly remove any donations left
unattended in these areas.
i
O
Planning
16 Loading/Unloading. All goods which are PL ng
n-go
. 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 ora basis.
i
O
Planning
17. Trash Bins. All trash and recycling bins PL n-go
ng
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.
tance
A
t
i
P
Planning
8 A security system which
Security PL, PO ccep
or
o
r
1
. .
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
bili
ty.
capa
d On-
O
Police
19 Camera. The Applicant shall install a PL, PO ccupancy an
. 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 trespassing.
i
O
Police
20 Donation Removal. Donations or any PL, PO ng
n-go
. 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.
i
Pl
Conditions of Approval. A copy of these PL On-going ng
ann
21. 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
22. conditions.
Use. All business, with the exception of
PL
On-going
g D24
C
loading and unloading of goods, must be .
conducted entirely within the building per
DMC Section 8.24.020.
i
O
108
DMC 8
23 Temporary Use Permits. Any outdoor PL ng
n-go .
. display of merchandise must be approved by
means of the issuance of an approved
Tempo r Use Permit.
i
Plannin
24. Inspection. Prior to accepting donations in PL, PO ons
Accepting Donat g
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.
BUI LDING AND SAFETY DIVISION
letion Building
h C
Th
25 Building Codes and Ordinance. All B omp
roug
. project construction shall conform to all
building codes and ordinances in effect at
the time of buildin Permit.
ildin
f B
Building
Building Permits. To apply for building B g
u
Issuance o
26. 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
29. inches in height minimum.
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
30. Development Director.
Temporary Fencing. Temporary
B
Through Completion
Building
construction fencing shall be installed along
the perimeter of all work under
construction.
PUB
31 LIC WORKS
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
32 resulting from impacts of this project.
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.
AGENCY WHEN REQ'D
Prior to: SOURCE
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 of Improvements 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
34. proceedings.
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.
orary Fencing. Temporary
Tem
PW
During Construction
Public Works
35. p
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 J=br 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.
d
Ti
i Public Works
38 Required Permits. An encroachment PW mes an
ous
Var
. 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
De artment.
ildi
f B
Public Works
39 Fees. The Developer shall pay all PW ng
u
Issuance o
. 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; Ahuneda County
Flood and Water Conservation District
(Zone 7) Drainage and Water Connection
fees; and any other fees as noted in the
Development Agreement.
FIR E PREVENTION DIVISION
F
On-going
Fire
40. Combustible Materials. There shall be no
outside storage of combustible materials or
accumulation of trash outside of an approved
trash container.
O
Fire
41. Inspection. A fire clearance inspection shall F ccupancy
be conducted and a clearance shall be granted
prior to the donation center being opened to
receive goods.
n
ti
l
h C
h
Fire
42 Fire Codes. The project shall comply with F o
e
omp
roug
T
. the applicable Building and Fire Codes. Site
and Building plans shall be provided for
review and approval by the Fire
Department.
POL ICE DEPARTMENT
i
O
Police
43 Security. The Project shall comply with all PO ng
n-go
. applicable City of Dublin Non Residential
SecurityOrdinance re uirements.
O
Police
44. Lighting. Lighting of the parking areas PO ccupancy
shall be uniformly maintained at a minimum
of 1.0 foot candles per 7.32.230 Section 1020
c 10 sunset to sunrise.
CONDITION TEXT RESPON.
AGENCY WHEN REQ'D
Prior to: SOURCE
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
46. the person is trespassing.
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
47. capability.
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 25th day of November 2008 by the following vote:
AYES: Schaub, Tomlinson, Biddle and Wehrenberg
NOES:
ABSENT: King
ABSTAIN:
ATTEST:
Communi Development Director
Planning Commission Chair
G: IPA#120081PA 08-039 Hospice Boutique CUPIPC Reso.doc
10