HomeMy WebLinkAbout8.2 Attch 1 Reso Apprving CUP for Storage
RESOLUTION NO. 10-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR
"RETAIL - OUTDOOR STORAGE" FOR THE GROCERY OUTLET
7590 AMADOR VALLEY BOULEVARD (APN 941-0305-028)
PLPA-2010-00049
WHEREAS, the Applicant, MCG Architecture, has submitted an application on behalf of
Grocery Outlet for a Conditional Use Permit for "Retail - Outdoor Storage" at 7590 Amador
Valley Boulevard within a portion of the Dublin Place Shopping Center; and
WHEREAS, Grocery Outlet, a retail grocery store, is located in a PD (Planned
Development) Zoning District with underlying C-1 (Neighborhood Commercial) Zoning and is
considered a "Retail - General" Use Type which is a permitted use in the C-1 Zoning District;
and
WHEREAS, "Retail - Outdoor Storage" is the outdoor storage and sales of materials for
"Retail - General" Use Types and is subject to approval of a Conditional Use Permit by the
Planning Commission in the C-1 Zoning District; and
WHEREAS, the Applicant submitted a complete application for a Conditional Use Permit
for "Retail - Outdoor Storage"; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to CEQA, Staff is recommending that the Conditional Use Permit
for "Retail - Outdoor Storage" for Grocery Outlet be found exempt from CEQA pursuant to
Section 15301 (Existing Facilities); and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Conditional Use Permit request; and
WHEREAS, the Planning Commission held a public hearing on said application on
December 14, 2010; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
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
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission
does hereby make the following findings and determinations regarding the Conditional Use
Permit:
ATTACHMENT 1
A. The proposed use and related structures is compatible with other land uses,
transportation and service facilities in the vicinity in that: 1) the Project is compatible with
the existing retail grocery store which is a permitted use in the C-1 Zoning District; 2) the
merchandise stored outdoors consists of fresh produce which is also available inside the
grocery store; and 3) existing transportation and services facilities are adequate to serve
the grocery store and additional demand will not be placed on them with the
establishment of outdoor display of merchandise.
B. It 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 in that: 1) the Project
has been conditioned to comply with all State of California and Dublin Municipal Code
requirements for accessibility to ensure that proper pedestrian access is maintained at all
times around the outdoor merchandise; and 2) the Project has been conditioned to store
all merchandise indoors after normal business hours to avoid theft or vandalism of
merchandise.
C. It will not be injurious to property or improvements in the neighborhood in that: 1) the
Project includes the placement of field bins outside an existing grocery store which will
not be permanently fixed to the ground and as a result will not damage existing
improvements in front of the store.
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 in that. 1) the Project will be located on a fully
developed site that is served by existing utilities and services; and 2) the Project will not
create a demand for additional utilities or services beyond that which already exists to
serve the grocery store.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed in that: 1) the site contains a 13,500 square foot
freestanding building which is solely occupied by an existing grocery store and the
Project compliments the grocery store through the outdoor display of the same type of
merchandise that is available inside the store; and 2) the main entrance to the grocery
store is preceded by a plaza that is conducive for outdoor display of merchandise while
still providing adequate pedestrian access and circulation to the store.
F. It will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located in that: 1)
the Project supports an existing grocery store and is compatible with the C-1 Zoning
District in which it is located; and 2) adequate parking exists to serve the Project in
accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations).
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in
that: 1) the Project is an extension of an existing retail use which is consistent with the
Retail/Office General Plan Land Use for the site; and 2) the Project is consistent with the
Downtown Core Specific Plan which designates the site as C-1 (Neighborhood
Commercial) and allows "Retail - Outdoor Storage" as a conditionally permitted use.
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BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
approve a Conditional Use Permit for "Retail - Outdoor Storage" for Grocery Outlet as shown on
the project plans date stamped received by Dublin Planning on November 24, 2010 subject to
the following conditions:
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to establishment
of use and shall be subject to Planning Division review and approval. The following codes
represent those departments/agencies responsible for monitoring compliance of the conditions
of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM]
Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin
Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal;
[CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood
Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit
Authority; and [CHS] California Department of Health Services.
When
NO. CONDITIONS OF APPROVAL Agency Required, Source
Prior to:
GENERAL
1. Approval. This Conditional Use Permit approval PL On-going Planning
for PLPA-2010-00049 Grocery Outlet Outdoor
Display is for the permanent placement of up to
18 field bins in the locations shown on the project
plans prepared by MCG Architecture, dated
received by Dublin Planning on September 24,
2010 and attached as Exhibit A, as modified by
the conditions of approval contained herein. The
design of the field bins shall be as depicted in the
photograph labeled "Milwaukie field bins 001" and
attached as Exhibit B, dated received by Dublin
Planning on September 24, 2010.
2. Permit Expiration. Construction or use shall PL 2 years of DMC
commence within two (2) years of Permit Permit 8.96.020.
approval, or the Permit shall lapse and become approval D
null and void. Commencement of construction or
use means the actual construction or use
pursuant to the permit approval, or demonstrating
substantial progress toward commencing such
construction or use.
3. Time Extension. The original approving decision- PL 2 years of DMC
maker may, upon the Applicant's written request Permit 8.96.020.
for an extension of approval prior to expiration, approval E
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 6 months. All time extension
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requests shall be noticed and a public hearing or
public meeting shall be held as required by the
articular Permit.
4. Approval Period. This Conditional Use Permit PL On-going Planning
approval shall be null and void in the event the
approved use and/or structures cease to operate
for a continuous one-year period.
5. Annual Review. On an annual basis, this PL On-going Planning
Conditional Use Permit approval may be subject
to review by the Community Development
Department to determine compliance with the
Conditions of Approval.
6. Revocation. This Permit shall be revocable for PL On-going DMC
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.
7. Minor Amendments. Modifications or changes PL On-going DMC
to this approval may be considered and approved 8.100.080
by the Community Development Director if the
modifications or changes proposed comply with
Section 8.100.080 (Amendments) of the Zoning
Ordinance.
8. Clarifications and Changes to the Conditions. PL On-going Planning
In the event that there needs to be clarification to
these Conditions of Approval, the Community
Development Director has the authority to clarify
the intent of these Conditions of Approval. Any
clarification to these Conditions of Approval shall
be documented in writing, signed by the
Community Development Director and placed in
the project file. The Community Development
Director also has the authority to make minor
modifications to these Conditions of Approval
without going to a Public Hearing in order for the
Applicant to fulfill the requirements of the Permit
approval.
9. Hold Harmless/Indemnification. The Applicant ADM On-going Admin./
shall defend, indemnify, and hold harmless the City
City of Dublin and its agents, officers, and Attorney
employees from any claim, action, or proceeding
against the City of Dublin or its agents, officers,
or employees to attack, set aside, void, or annul
an approval of the City of Dublin or its advisory
agency, appeal board, Planning Commission,
City Council, Community Development Director,
Zoning Administrator, or any other department,
committee, or agency of the City to the extent
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such actions are brought within the time period
required by Government Code Section 66499.37
or other applicable law; provided, however, that
the Applicant's duty to so defend, indemnify, and
hold harmless shall be subject to the City's
promptly notifying the Applicant of any said claim,
action, or proceeding and the City's full
cooperation in the defense of such actions or
proceedings.
PLANNING
10. Outdoor Display. All field bins shall be PL On-going Planning
consistent in design, colors, materials and size.
The use of pallets, cardboard boxes, or wire racks
is strict) prohibited.
11. All Uses Conducted Indoors. Except as PL On-going Planning
otherwise approved as part of this Conditional &
Use Permit, or otherwise allowed under Chapter DMC
8.108 (Temporary Use Permit), all activities 8.108
associated with the business shall be conducted
indoors at all times.
12. Sales Transactions. All sales transactions shall PL On-going Planning
be conducted inside the building.
13. Loudspeakers and/or Amplified Music. No PL On-going Planning
loudspeakers or amplified music shall be placed
or project outside of the building at an time.
14. Property Maintenance. The Applicant/Tenant PL On-going DMC
shall keep the property maintained in a safe, 5.64
clean, and litter-free condition at all times.
15. Nuisance. The Applicant/Tenant shall control all PL On-going Planning
activities on the project site so as not to create a
nuisance to surrounding businesses and
residents.
16. Temporary Promotional Banners and PL On-going DMC
Balloons. The use of Temporary Promotional 8.84.050.
Banners and/or Balloons shall be subject to S
approval of a Zoning Clearance and compliance
with 8.84.050.S (Temporary Promotional Signs)
of the Dublin Zoning Ordinance.
17. Prohibited Signage. The use of any A-Frame, PL On-going DMC
Portable Sign, or Sandwich Board Sign, or any 8.84.150
other sign contained in Section 8.84.150
(Prohibited Signs) of the Dublin Zoning
Ordinance, is strict) prohibited.
BUILDING
18. Building Codes and Ordinances. All project B Through Building
construction shall conform to all building codes Completion
and ordinances in effect at the time of building
permit.
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19. Accessibility. The outdoor storage bins shall not B On-going Building
impede and/or violate any accessible code
requirements as mandated by the State of
California or the Dublin Municipal Code.
POLICE
20. Merchandise Storage. The Applicant/Tenant PO On-going Police
shall empty outdoor merchandise bins and store
all products indoors during the hours that the
store is closed for business in order to avoid theft
and vandalism of merchandise.
21. Graffiti. The Applicant/Tenant shall keep the site PO On-going Police
clear of graffiti vandalism on a regular and
continuous basis at all times.
22. Theft Prevention and Security Program. The PO On-going Police
Applicant/Tenant shall work with Dublin Police on
an on-going basis to establish an effective theft
prevention and security program.
PASSED, APPROVED AND ADOPTED this 14th day of December 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
G: WAM20lWPLPA-2010-00049 Grocery Outlet CUPPC 12.14.10WC Reso 12.14.10.doc
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