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HomeMy WebLinkAbout8.1 Attch 1 Reso CUP Outdoor Display RESOLUTION NO. 12-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR "RETAIL — OUTDOOR STORAGE" AT AN EXISTING RETAIL STORE AT 7100 DUBLIN BOULEVARD (CONCORD FEED) PLPA-2012-00036 WHEREAS, the Applicant, Dwight Greenhouse of Concord Feed, has submitted an application for a Conditional Use Permit to allow permanent outdoor display (Retail — Outdoor Storage) at 7100 Dublin Boulevard within a portion of the Dublin Crossroads Shopping Center; and WHEREAS, Concord Feed, a retail store, is located on a parcel that has a General Plan Land Use Designation of Retail/Office and is located in the C-2 (General Commercial) 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-2 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 Concord Feed 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 September 25, 2012; 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 application: 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 store which is a permitted use in the C-2 Zoning District; 2) the merchandise stored outdoors consists of uniform bags of feed and other materials displayed on pallets, which is also available inside the retail store; and 3) existing transportation and services facilities are adequate to serve the retail 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 a maximum of five pallets on pallet frames outside an existing retail 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 retail 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 5,600 square foot freestanding building which is solely occupied by an existing retail store and the Project compliments the retail store through the orderly and uniform outdoor display of the same type of merchandise that is available inside the store; and 2) the proposed display area is recessed against the storefront windows and 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 retail store and is compatible with the C-2 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 C-2 (General Commercial) Zoning and allows "Retail — Outdoor Storage" as a conditionally permitted use. 2 of 6 BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby a pp rove a Conditional Use Permit to allow permanent outdoor display (Retail — Outdoor Storage) at 7100 Dublin Boulevard (within a portion of the Dublin Crossroads Shopping Center) as shown on the project plans date stamped received by Dublin Planning on July 13, 2012 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; [PIN] 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-2012-00036 Concord Feed Outdoor Display is for the permanent placement of up to five four foot by four foot pallet frames with pallets only in the locations shown on the project plans attached as Exhibit B, except as modified by the Conditions of Approval contained herein. The design of the pallet frames shall be as depicted in the photograph attached as Exhibit A. 2. Permit Expiration. Construction or use shall PL One year DMC commence within one (1) year of Permit approval, from Permit 8.96.020. or the Permit shall lapse and become null and approval D 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 One year DMC maker may, upon the Applicant's written request from 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 requests shall be noticed and a public hearing or public meeting shall be held as required by the 3 of 6 particular 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 such actions are brought within the time period required by Government Code Section 66499.37 4 of 6 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. No items other than uniform PL On-going Planning merchandise delivered and displayed on a pallet are permitted to be displayed outdoors. Other items such as animals, animal cages, animal houses, or other non-uniform items that are not delivered and displayed on pallets are prohibited from being placed outdoors. All pallet frames shall be the same design, size and color. A maximum of five pallets in frames are permitted to be displayed outdoors. Pallets loaded with materials are permitted to be displayed outdoors only if placed in the pallet frames. 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 any 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. Merchandise Storage. The Applicant/Tenant PO On-going Police shall bring all merchandise and products indoors during the hours that the store is closed for business in order to avoid theft and vandalism of merchandise. 5 of 6 18. 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. 19. 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. 20. 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 strictly prohibited. BUILDING 21. 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. 22. 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. PASSED, APPROVED AND ADOPTED this 25th day of September 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G.IPA#120121PLPA-2012-00036 Concord Feed CUPIPC Reso Concord Feed CUP.doc 6 of 6