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HomeMy WebLinkAbout8.2 Attch 2 PC Reso CUP RESOLUTION NO. 11- XX A RESOLUTION OF THE PLANNtNG COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A VETERINARY CLINIC AT 4524 AND 4526 DUBLIN BOULEVARD (APN 986-0035-001) PLPA 2010-00072 WHEREAS, Christopher and Keri Tripi, the "Applicants", on behalf of Four Paws Veterinary Center, have requested approval of a Conditional Use Permit to operate a Veterinary Clinic at 4524 and 4526 Dublin Boulevard in a PD, Planned Development Zoning District (PA 94-001); and WHEREAS, the Project consists of a 2,679 square-foot tenant space located within a multi- tenant commercial building; and WHEREAS, the Applicants propose to offer veterinary services that include internal medicine, general surgery, dental care, geriatrics, exotic animal care, humane euthanasia and contracted disposal, medical boarding, preventative care and behavior counseling; and ~ WHEREAS, the tenant space would consist of four exam rooms, a treatment area, a dog ward, surgery room, an isolation room, radiology room and an ICU and cat ward. Other rooms within the tenant space include a doctor office, break room, waiting area and two bathrooms; WHEREAS, the Planning Commission is the reviewing body for a Conditional Use Permit request to operate a Veterinary Clinic; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Project is Categorically Exempt from the environmental review requirements of the California Environmental Quality Act (CEQA), State guidelines and City environmental regulations pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted describing the Project and recommending that the request be conditionally approved; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on February 22, 2011; 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; and WHEREAS, the Planning Commission has found that the proposed Project is appropriate for the subject site. ATTACHMENT 2 NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby find that: A. The proposed use and related structures, as conditioned, are compatible with other land uses, transportation and service facilities in the vicinity in that: 1} the Project is located in a multi-tenant building within a portion of the Dublin Corners Shapping Center which includes a mix of retail, restaurant, commercial and personal service uses; 2) the Project is accessible from Dublin Boulevard and Toyota Drive which are fully improved and functional roadways; 3) the Project will be served by existing service facilities and will not generate or create an additional demand on services to be an adverse impact; and 4) a Veterinary Clinic use is permitted in the PD (Planned Development) Zoning District (PA 94-001) with a Conditional Use Permit approved by the Planning Commission. B. The proposed use, as conditioned, will not adversely affect the health or safefy 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 require that all activities be conducted entirely within the existing building so as not to disturb surrounding businesses and outdoor activities shall not be allowed without a Temporary Use Permit in accordance with Section 8.108 of the Zoning Ordinance.; 2) the Project has been conditioned to require that lighting of the parking areas meet D`ublin Municipal Code Section 8.76A70 in order to provide adequate lighting to the project site; 3) there is a su~cient amount of parking to support`the existing and proposed mix of tenants and parking will not overflow onto adjacent properties; and 3) the Project has been conditioned, to require the Applicant to be responsible for maintaining the site in a clean and litter free condition on a regular and continuous basis. C. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood in that: 1) the Project has been conditioned to require Building Permits for all modifications to the tenant space to accommodate the veterinary clinic and to ensure that the Project complies with all applicable Building and Fire Codes; 2) a sufficient number of spaces is provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency; and 3) the veterinary clinic will be located within an existing 2,679 square foot tenant space and all activities shall take place within the tenant space. 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 occupy an existing commercial building that is connected to public water, sanitation, utilities and services and will not generate or create additional demand on services to be an adverse impact; and 2) the Project has adequate vehicular and pedestrian access from Dublin Boulevard and Toyota Drive and is required to comply with Title 24 for disabled accessibility. E. The subjecf site is physical/y suitable for the type, density and intensity of the use and related structures being proposed in that: 1) Conditions of Approval have been incorporated into the Project requiring that all activities associated with Four Paws Veterinary Center be conducted entirely within the building; 2) the Project is allowed by the PD zoning to operate in this location with an approved Conditional Use Permit; and 3) the Project has been conditioned to prohibit the boarding of animals with the exception of those animals receiving 2of12 medical treatment from the veterinary center who may remain on-site overnight. F. The proposed use, as conditioned, will not be contrary to the specific intent c/auses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) Conditions of Approval have been applied to the Project to ensure on-going compatibility with surrounding uses; 2) the Project, as conditioned, meets the development regulations; and 3) adequate parking is available on the site to support the use. G. The proposed project, as conditioned, is consistent with the Dublin General Plan and any applicable Speci~c Plans in that: 1) the Project has a General Plan Land Use Designation of General Commercial, is located within the Eastern :Dublin Specific Plan with a Specific Plan Land Use Designation of General Commercial, and is located within the PD, Planned Development Zoning District. A Veterinary Clinic is conditionally permitted in the PD Zoning District which is consistent with the General Commercial Land Use Designation for the site. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby : approve PLPA 2010-00072 Four Paws Veterinary Center Conditional lJse Permit for: 1) the operation of a Veterinary Clinic located at 4524 and 4526 Dublin Boulevard, APN 986-0035-001. CONDITIONS OF APPROWAL ~ 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 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. NO. GONDITIONS OF APPR4VAL Ag~ncy Vlfhen' Source Required Prior to~ Ca~E1~lER~4L , 1. Approval. This Conditional Use Permit approval is for PL Ongoing Standard I Four Paws Veterinary Center located at 4524 & 4526 , Dublin Boulevard to establish a veterinary clinic. This approval shall be as generally depicted and indicated on the plans prepared by Shultz & Associates and written statement dated received December 15, 2010 on file in the Community Development Department, and as specified by the following Conditions of A roval for this ro'ect. 2. Effective Date. This Conditional Use Permit approval PL Ongoing Standard becomes effective 10 days after the date of approval b the Plannin Commission. 3 of 12 NO. CONDITIONS OF APPROVAL Agency When ' Source Required Prior to: 3. Permit Expiration. Construction or use shall PL 2 years of 8.96.020. commence within two years of Permit approval or the Permit D Permit shall la se and become null and void. approval 4. Time Extension. The original approving decision- PL Permit Standard maker may, upon the Applicant's written request for Expiration 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 (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as re uired b the articular Permit. 5. Minor Amendments. Modifications or changes to this PL On-going 8.100.08 Conditional Use Permit approval may be considered ~ and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080 of the Dublin Zoning Ordinance. 6. Annual Review. On an annual basis, this Conditional Use Permit approval may be subject to a review by the Planning Manager to determine compliance with the Conditions of A rovaL 7. Revocation of Permit. The Conditional Use Permit PL On-going - 8.96.020 approval shall be revocable for cause in accordance with Section 8.96.020 of the Dublin Zoning Ordinance. ~ Any violation of the terms or conditions of this permit shalf be sub'ect to citation. : 8. 1ndemnification. The Developer shall defend, Various In accordance . Standard indemnify, and hold harmless the City of Dublin and with its agents, officers, and employees from any claim, Government action, or proceeding against the City of Dublin or its code section 66499.37; agents, officers, or employees to attack, set aside, Tnrough void, or annul an approval of the City of Dublin or its completion of advisory agency, appeal board, Planning Commission, improvements City Council, Community Development Director, & occupancy Zoning Administrator, or any other department, of the committee, or agency of the City to the extent such buiidings 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 roceedin and the Cit 's full coo eration in the ~ 4 of 12 i NO. CONQITIONS 4F APPROVAL Agency When Source Required Prior to: defense of such actions or roceedin s. 9. Fees. Applicant/Developer shall pay all applicable FIN Issuance of Standard fees in effect, including, but not limited to, Planning Building fees, Building fees, Traffic Impact Fees, TVTC fees, Permits Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees (per agreement befinreen Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda County Flood and V1/ater Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and a licable. 10. Requirements and Standard Conditions. The Various Building Standard Applicant/Developer shall comply with applicable City Permit _ of Dublin Fire Prevention Bureau, Dublin Public 1Norks Issuance Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the - California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such , • agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 11. Clarification to the Conditions of ApprovaL In the Various On-going & Standard event that there needs to be clarification to the Prior to Conditions of Approval, the Director of Community approval of Development and the City Engineer have the authority . improvement Plans to clarify the intent of these Conditions of Approval to the ApplicanU Developer without going to a public hearing. The Director of Community Development and the City Engineer 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 im acts to this ro'ect. 12• Non-City Agency Review. The Developer will be PW Building Public responsible for submittals and reviews to obtain the Permit Works approvals of all participating non-City agencies. The Issuance Alameda Count Fire De artment and the Dublin San 5 of 12 ; I NO. CONDITIONS OF APPROVAL Agency When ' Source . Re uired q Prior to: Ramon Services District shall approve and sign the Im rovement Plans. 13. Required Permits. Developer shall obtain all permits Various Building Standard required by other agencies including, but not limited to Permit Alameda County Flood Control and Water Issuance Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide co ies of the ermits to the Public Works De artment. 14. Temporary Signage. All temporary signage shall PL On-going Chapter comply with City of Dublin Regulations. No banners or 8.84 of other signage shall be installed, for permanent or the Dublin temporary purposes, prior to obtaining approval from Zoning Ordinance the Plannin Division. 15. Compliance. Failure to comply with these conditions PL On-going Chapter may result in enforcement by the Community 8.144 of Development Department in accordance with Chapter ° the Dublin Zoning 8.144 of the Dublin Zoning Ordinance. = Ordinance 16. Trash and Waste Accumulation. The Applicant or PL On-going Planning any future owner shall provide and conduct regular maintenance of the site in order to eliminate and control the accumulation of trash, excess/waste materials and debris. . . . . . : . . . 3 . < . . ~ , ' . ' . ' ' .'.af , 17. Equipment Screening. All electrical and/or PL, B Building Planning mechanical equipment shall be screened from public Permit & view. Any roof-mounted equipment shall be Issuance Building completely screened from view to the satisfaction of the Communit Develo ment Director. 18. Bathroom Areas for Animals. The Applicant shall PL On-going Planning be responsible for maintaining the site in a clean and _ litter free condition on a re ular and continuous basis. 19. Number of Parking Spaces. In accordance with the PL On-going Planning parking standards established in Chapter 8.76 of the Zoning Ordinance for a Veterinary Clinic, a total of 18 parking spaces shall be provided on-site based on the ro'ect lans received on December 15, 2010. 20• Nuisance. The Applicant/Property owner shall control PL On-going Planning all business activity so as not to create a public or private nuisance to the existing and surrounding users. 21 • Boarding. Boarding of animals is prohibited. Animals PL On-going Planning may remain on-site overnight when receiving medical treatment from the veterina facilit . 6 of 12 NO. CONDITIONS OF APPROVAL ' Agency When Source Required Prior to: 22• On-site Activities. All activities associated with the PL On-going Planning veterinary facility shall take place within the building. ~ Outdoor activities shall not be allowed without a Temporary Use Permit in accordance with Section 8.108 of the Zonin Ordinance. 23• Compliance. Failure to comply with these conditions PL On-going Chapter may result in enforcement by the Community 8.144 of Development Department in accordance with Chapter the Dublin Zoning 8.144 of the Dublin Zoning Ordinance. Ordinance 24. Signs. All new signs require a separate Building PL Ongoing Planning Permit. In addition, all signs shall be reviewed and approved separately through a Zoning Clearance and/or Master Si n Pro ram. 25. Property Maintenance. The Applicant/ Developer PL During Planning and property owner shall be responsible for construction maintaining the site in a clean and litter free condition Through completion during construction and through completion. Per the - and On- City of Dublin Non-Residential Property Maintenance going Ordinance, DMG Section 5.64.050, the Applicant/ Property Owner shall maintain the building, site and al( signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 26. Accessory/Temporary Structures and Uses. A PL Placement Planning Temporary Use Permifi is required for all construction on site trailers, security trailers and storage containers used durin construction. 27. Prohibited Signage. The use of any A-Frame, PL Ongoing DMC portable or sandwich board signs on-site or within the 8•84 ublic ri ht-of-wa is rohibited. ~ B~.iIL[~~N~ . 28. Building Codes and Ordinances. All project B Through Building , construction shall conform to all building codes and Completion ordinances in effect at the time of buildin ermit. 29. Building Permits. To apply for building permits, g Issuance of Building Building I A licant/Develo er shall submit seven 7 sets of pp p ~ ~ Permits construction plans to the Building Division for plan check. Each set of plans shall have attached an ' annotated copy of these Conditions of Approval. The ' notations shall clearly indicate how all Conditions of ~ Approval will or have been complied with. I Construction plans will not be accepted withou# the ' annotated resolutions attached to each set of plans. A licant/Develo er will be res onsible for obtainin 7 of 12 I NO. GONDITIONS OF APP~UYAL Agency VHhen Source Required Prior to: ' the approvals of all participation non-City agencies prior to the issuance of building permits. Separate i buildin ermits are re uired for all exterior si na e. 30. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) building ~i accurately drawn (depicting all existing and proposed permits ~ conditions on site), and prepared and signed by a ~ California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 31. Addressing. Address will be required on all doors g Occupancy Building leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in hei ht minimum. 32. Air Conditioning Units. Air conditioning units and B Occupancy Building ventilation ducts shall be screened from public view of Unit with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Building . Official or Directo of Communit Develo ment. 33. Change of Occupancy Permit Required. As per B Through Building section 3406 of the CA Building Code, a change of Completion occupancy requires the building to meet the, requirements of a new building for the proposed occupancy type. This may require upgrades to the structural and fire rating systems. The building/space will be required to meet accessible codes as listed in Chapter 11 B of the California Building Code. PI~BGC WC3R!{~ , 34. Sitework Permit. All improvement work must be PW Issuance of ~Public ~ performed per a Grading/Sitework Permit issued by Grading/ Works the Public Works Department. Said permit will be Sitework based on the final set of civil plans to be approved Permit 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 ermit issuance, althou h the 8 of 12 I I I i I MO. CONDITIONS OF APPRt3VAL Agency When Saurce ` Required Prior to: Applicant/Developer will be responsible for any ado ted increases to the fee amount. 35. Erosion Control during Construction. PW Issuance of Public Applicant/Developer shall include an Erosion and Sitework Works Sediment Control Plan with the Grading and Permit and Improvement plans for review and approval by the During construction 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 15~' or beyond these dates if dictated by rainy weather, or as otherwise directed b the Cit En ineer/Public Works Director. 36. Trash Enclosure. All trash dumpsters and PW Issuance of Public compactors which are not sealed shall have roofs to Building Works prevent contaminants from washing into the storm Permit drain system. The trash enclosure shall be architecturaily designed to be compatible with the , ~ building. The doors must be designed with self- closing gates that can be locked closed and can also : be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system.: In addition, a hose bib shall be provided for convenient wash- down of the trash enclosure. The enclosure shall not obstruct access (24' min wide drive aisle) and shall have accessible route and entrance door. 37• Site Accessibility Requirements. All disabled PW Occupancy Public access ramps, parking spaces for the disabled, and Works other physical site improvements shall comply with current UBC Title 24 requirements and City of Dublin Standards for- accessibility. Number of accessible parking stalls provided on site shall meet the current Title 24 re uirements Ch 11, Table 11B-6 . 38• Temporary Fencing. Temporary Construction PW During Public fencing shall be installed along perimeter of all work construction Works under construction to separate the construction and operation from the public. All construction activities Occupancy 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 approued in advance by the City Engineer/Public Works Director. 9 of 12 NO. CONQITIONS OF APPROVAL Agency When Source Required Prior to: 39• Construction Hours. Construction and grading PW During Public operations shall be limited to weekdays (Monday construction Works 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 Saturda and/or holida work. 40. Damage/Repairs. The ApplicanUDeveloper shall be PW Occupancy ' Public responsible for the repair of any damaged pavement, Works curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with ~ the develo ment of the ro~ect F1RE 41. Fire and Building Code Requirements. The project F Building ~ Fire - will need fo comply with all fire and building code Permit requirements at the time of building permit plan Submittal submittaL P`C~~tCE ~ ~ ' The PO Occu an y e 42. Non-Residential Security Requ~rements p c Polic Applicant shall comply with alf applicable City of and On- going Dublin Non-Residential Security Requirements including, but not limited to, interior lighting and exterior lighting. Lighting shall be provided at each exit door. 43. Veterinary Drugs Secured. The applicant shall keep PO On-going Police all veterinary drugs secured and locked at all times in a secured area. 44. Business Site Emergency Response Card. The PO Occupancy Police tenant shalF'complete a"Business Site Emergency and On- . Response Card" and deliver it to Dublin Police prior to going occupancy. 45. Door Signage. All doors shall be identified inside and PO Occupancy Police outside as to their respective purposes (e.g., and On- "Classroom A", or "Exit Only"). This will assist first going responders in an emergency situation. Placard signs or vin I letterin ma be used. 46. Employee Exit Doors. Employee exit doors shall be PO Occupancy Police equipped with 180-degree viewers if there is not a and On- burglary resistant window panel in the door from which going to scan the exterior. 10 of 12 NO. CpNDITIONS OF APPR4VAL Agency When Source Required ~ ~ ~ ~ ~ ~ Priar to~: ~ ~ 47. Graffiti. The Applicant/Developer and/or building PO On-going Police tenant(s) shall keep the site clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass shall be used whenever ossible. 48. Parking Lot Lights. The Applicant/Developer shall Building have a minimum foot-candle lighting level of not less Permit than 1.0 at the ground surface for the adjacent parking Issuance area; if this cannot be verified rovide additional and On- p going li htin where necessa . 49. Final Inspection. The applicant shall contact Dublin PO Occupancy Police Police Services Crime Prevention Unit for a final ins ection. :'[~UBLII~ ~AI~ RAMC~N ~ERVICES C~I~T~t~T ~SF#SQ 50. Improvement Plans. Prior to issuance of any DSR Issuance of DSRSD building permit, complete improvement plans shall be building submitted to ~DSRSD that conform to the requirements permits of the Dublin San Ramon Services District Code, the . DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD olicies. 51. Fees. Prior to issuance by the City of any Building DSR Issuance of DSRSD Permit or Construction Permit by the Dublin" San building _ Ramon Services District, whichever comes first, all permits utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection #ees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 52. Harmless and Indemnify. The applicant shall hold DSR Through DSRSD DSRSD, it's Board of Directors, commissions, Completion employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and com letion of the ro'ect. 53. Sewer Demand Charges. A preliminary review of the DSR Issuance of DSRSD sewer demand charges which have been paid for this building site, and the sewer demand charges normally due permits from a veterinary clinic of this square foot size, demonstrate that additional sewer demand charges will most likely be due for this application. Exact charges will be calculated at the time of the plan check b DSRSD. 11 of 12 PASSED, APPROVED AND ADOPTED this 22~d day of February, 2011 by the following vote: AYES: " NOES: ~ ABSENT: ATTEST: Planning Commission Chair Planning Manager G:IPA#120101PLPA 2010-00072 Four Paws Vet Center CUPIFour Paws PC 2.22.111PCReso CUP.doc 12 of 12