HomeMy WebLinkAbout8.1 Attch 1 Reso Apprv'g CUP RESOLUTION NO. 13-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR ANIMAL SALES AND SERVICES TO
OPERATE A KENNEL FOR THE BOARDING OF DOGS AND CATS, AND A DAY CAMP
FOR DOGS AT 6960 AMADOR PLAZA ROAD (APN 941-0305-039)
PLPA-2012-00009
WHEREAS, the Applicant, Melissa Lopez, of PetSmart, Inc., has requested approval of a
Conditional Use Permit for Animal Sales and Services to operate a kennel for the boarding of
dogs and cats, and a day camp for dogs at 6960 Amador Plaza Road (the "Project"); and
WHEREAS, the Project is proposed to be located in the Downtown Dublin Zoning District
(DDZD); and
WHEREAS, the Community Development Director has determined that Animal Sales
and Services is a conditionally permitted use within the Downtown Dublin Zoning District subject
to approval of a Conditional Use Permit by the Planning Commission; and
WHEREAS, the Applicant has submitted a complete application for a Conditional Use
Permit; 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 the CEQA, the Planning Commission finds the Project
Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15301 (Existing
Facilities). The project consists of a minor alteration to an existing retail pet store for the
operation of a kennel for the boarding of dogs and cats, and a day camp for dogs, and involves
a negligible expansion of the existing use; 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
February 26, 2013; 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 will occupy a
portion of an existing commercial building and all activities will be conducted indoors; 2)
the Project site is accessible from existing driveways on Dublin Boulevard and Amador
Plaza Road; and 3) the Project is surrounded by existing commercial uses.
B. The proposed use 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 require that all activities associated with the
operation of the kennel and dog day camp are conducted entirely within the existing
building so as not to disturb surrounding businesses; and 2) the Project will conform to all
applicable regulations contained in the Dublin Zoning Ordinance.
C. The proposed use will not be injurious to property or improvements in the neighborhood
in that: 1) the Project has been conditioned to require that all activities associated with
the operation of the kennel and dog day camp are conducted entirely within the existing
building; and 2) adequate parking exists to serve the Project in accordance with Chapter
8.76 (Off-Street Parking and Loading Regulations).
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; 2) the Project has been
reviewed by Dublin San Ramon Services District; and 3) the Project will not create a
demand for additional utilities or services beyond that which already exists to serve the
retail commercial building.
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 Project would be located on a fully
developed parcel that is accessible to vehicles and pedestrians from existing driveways
and sidewalks on Dublin Boulevard and Amador Plaza Road; 2) the required parking for
the Project is the same as for the existing retail pet store in which the Project will be
located and as a result the Project would not generate additional parking beyond what is
currently required for the retail store; and 3) all required parking will be provided on the
Project site.
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 in that: 1) as conditioned, the Project is compatible with the Downtown Dublin
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 site is consistent with the General Plan and Downtown Dublin Specific
Plan land use designation of Downtown Dublin — Retail District in that it provides a
service that is complimentary to an existing retail pet store; and 2) the Project would be
located on a parcel that is developed with an existing commercial building.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
approve a Conditional Use Permit for Animal Sales and Services for the operation of a kennel
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for the boarding of dogs and cats, and a day camp for dogs at 6960 Amador Plaza Road, as
shown on the project plans date stamped received by Dublin Planning on May 29, 2012 and
included as Exhibit A, and in the written statements date stamped received by Dublin Planning
on February 28, 2012 and May 29, 2012 and incorporated by reference, 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 the 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 PL Planning
approval is for the establishment of a kennel
and day camp for dogs (Animal Sales and
Services) at the existing PetSmart retail store
located at 6960 Amador Plaza Road (PLPA-
2012-00009). This approval shall be as
generally depicted and indicated on the plans
prepared by BRR Architecture dated received
by Dublin Planning on May 29, 2012, the
written statements dated received on February
28, 2012 and May 29, 2012, and other plans,
text and diagrams related to this approval,
stamped approved and on file in the
Community Development Department, except
as modified by the following Conditions of
Approval.
2. Effective Date. This Conditional Use Permit PL DMC
approval becomes effective 10 days following 8.96.020.
action by the Planning Commission unless H
appealed before that time in accordance with and
the Dublin Zoning Ordinance. 8.136
3. Permit Expiration. Construction or use shall PL 1 year from DMC
commence within one (1) year of Permit approval 8.96.020.
approval or the Permit shall lapse and become D
null and void.
4. Time Extension. The original approving PL 1 year from DMC
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decision-maker may, upon the Applicant's approval 8.96.020.
written request for an extension of approval E
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 required by
the pa rticular Permit.
5. Minor Amendments. Modifications or PL On-going DMC
changes to this Conditional Use Permit 8.100.080
approval may be considered and approved by
the Community Development Director if the
modifications or changes proposed comply with
Chapter 8.100.080 (Amendments) of the Dublin
Zoning Ordinance.
6. Revocation of Permit. The Permit approval PL On-going DMC
shall be revocable for cause in accordance with 8.96.020.1
Section 8.96.020.1 of the Dublin Zoning
Ordinance. Any violation of the terms or
conditions of this permit shall be subject to
citation.
7. Requirements and Standard Conditions. Various Issuance of Various
The Applicant/Developer shall comply with building
applicable City of Dublin Fire Prevention permits or
Bureau, Dublin Public Works Department, installation of
Dublin Building Department, Dublin Police improve-
Services, Alameda County Flood Control ments
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.
8. Fees. Applicant/Developer shall pay all Various Issuance of Various
applicable fees in effect, including, but not building
limited to, Planning fees, Building fees, Traffic permits
Impact Fees, TVTC fees, Dublin San Ramon
Services District fees, Public Facilities fees,
Dublin Unified School District School Impact
fees (per agreement between Developer and
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School District), Fire Facilities Impact fees,
Noise Mitigation fees, Inclusionary Housing In-
Lieu fees, Alameda County Flood and Water
Conservation District (Zone 7) Drainage and
Water Connection fees; or any other fee that
may be adopted and applicable.
9. Indemnification. The Developer shall defend, ADM On-going Admin/Cit
indemnify, and hold harmless the City of Dublin y Attorney
and its agents, officers, and 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 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.
10. Clarifications to the Conditions of Approval. PL On-going Planning
In the event that there needs to be clarification
to the Conditions of Approval, the Community
Development Director has the authority to
clarify the intent of these Conditions of
Approval to the Applicant without going to a
public hearing. 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 needed improvements or
mitigations resulting from impacts to this
roiect.
11. Controlling Activities. The PL Through Planning
Applicant/Developer shall control all activities construction
on the project site so as not to create a and on-going
nuisance to existing/surrounding businesses
and/or residences.
12. Clean-up. The Applicant/Developer shall be PL Through Planning
responsible for clean-up and disposal of project construction
related trash to maintain a safe, clean, and
litter-free site.
13. Pro ert Maintenance. The Ap licant/ PL On- oin DMC
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Developer and property owner shall be 5.64.050
responsible for maintaining the site in a clean
and litter free condition during construction and
through completion. Per the City of Dublin
Non-Residential Property Maintenance
Ordinance, DMC Section 5.64.050, the
Applicant/ 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 regular and
continuous basis.
PLANNING DIVISION - GENERAL
14. Trash Enclosure. In accordance with PL Issuance of Planning
Condition of Approval No. 38, the existing trash Building
enclosure shall be upgraded to meet current Permits
City requirements. Prior to the issuance of a
Building Permit, the Applicant shall apply for a
Site Development Review Waiver for the final
design of the upgraded trash enclosure. The
design of the trash enclosure shall comply with
all of the requirements of Chapter 7.98 of the
Dublin Municipal Code.
15. Signs. All signage shall conform to Chapter PL On-going DMC
8.76 of the Dublin Zoning Ordinance at all 8.84
times. Window signs shall be limited to 25% of
the window area. All temporary promotional
signs and banners require a Zoning Clearance
from the Planning Division prior to installation.
16. Prohibited Signage. The use of any A-frame, PL On-going DMC
portable, sandwich board, or any other sign 8.84.150
contained in Chapter 8.84.150 (Prohibited
Signs) of the Dublin Zoning Ordinance, is
prohibited.
17. Noise/Nuisance. The Applicant shall control PL On-going Planning
all activities on the site so as not to create a
nuisance to the surrounding businesses and
residents.
18. Accessory/Temporary Structures and Uses. PL Placement DMC
A Temporary Use Permit is required for all on-site 8.108
construction trailers, security trailers and
storage containers used during construction.
19. Temporary Promotional Banners and PL On-going DMC
Balloons. Temporary Promotional Banner 8.84
Signs and Balloons are subject to compliance
with Chapter 8.84 of the Dublin Zoning
Ordinance.
20. Equipment Screening. All electrical and/or PL Issuance of Planning
mechanical equipment shall be screened from building
public view. Any roof-mounted equipment shall permits
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be completely screened from view by materials
architecturally compatible with the building and
to the satisfaction of the Community
Development Director. The Building Permit
plans shall show the location of all equipment
and screening for review and approval by the
Community Development Director.
21. Bicycle Racks. Prior to the issuance of PL Issuance of DMC
building permits, the Applicant/Developer shall building 8.76
work with Staff to provide sufficient bicycle permits
racks at various locations throughout the
project site. The bicycle racks shall be
unobtrusive and out of the path of travel.
CONDITIONAL USE PERMIT
22. Use. All activities associated with the operation PL On-going DMC
of the kennel shall be conducted entirely within 8.24.020
the building.
23. Final Inspection/Occupancy Permits. Final PL, B, PW Final Planning,
inspection or occupancy permits will not be Inspection/ Building,
granted until all construction and site work is Occupancy Public
complete in accordance with approved plans Works
and the conditions required by the City.
24. Approval Period. This Conditional Use Permit PL On-going Planning
approval shall be null and void in the event the
approved use fails to be established within one
year, or ceases to operate for a continuous
one-year period.
25. Annual Review. On an annual basis, this PL On-going Planning
Conditional Use Permit approval may be
subject to a review by the Community
Development Director to determine compliance
with the Conditions of Approval.
PLANNING DIVISION -CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
26. Non-Residential Security Requirements. The PL On-going Planning
property owner and/or their designee shall
comply with the City of Dublin Non-Residential
Security Requirements.
27. Graffiti. The site shall be kept clear of graffiti PL On-going DMC
vandalism on a regular and continuous basis. 5.68
Graffiti resistant materials shall be used
including but not limited to graffiti resistant
paints for the structures and graffiti resistant
film for windows or glass.
28. Employee Exit Doors. Employee exit doors PL Occupancy Planning
shall be equipped with a 180-degree viewer or
a burglary resistant window panel within the
door from which to scan the exterior.
BUILDING DIVISION
29. Buildin Codes and Ordinances. All ro'ect B Through Buildin
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construction shall conform to all building codes Completion
and ordinances in effect at the time of building
permit.
30. Building Permits. To apply for building B Issuance of Building
permits, Applicant/Developer shall submit five Building
(5) sets of construction plans to the Building Permit
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. Construction
plans will not be accepted without the
annotated resolutions attached to each set of
plans. Applicant/Developer will be responsible
for obtaining the approvals of all participating
non-City agencies prior to the issuance of
buildin permits.
31. Construction Drawings. Construction plans B Issuance of Building
shall be fully dimensioned (including building Building
elevations), accurately drawn (depicting all Permits
existing and proposed 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.
32. Addressing. Addresses will be required on all B Occupancy Building
doors leading to the exterior of the building.
Addresses shall be illuminated and be able to
be seen from the street, 5-inch height
minimum.
33. Green Building Guidelines. To the extent B Through Building
practical, the applicant shall incorporate Green Completion
Building Measures. Green Building plan shall
be submitted to the Building Official for review.
The Project shall comply with the CA Green
Building Standards Code, as applicable.
FIRE PREVENTION BUREAU
34. Building and Fire Codes. The Project shall F Through Fire
comply with the applicable Building and Fire Completion
Codes in effect at the time of building permit
submittal.
PUBLIC WORKS DEPARTMENT
35. Standard Public Works Conditions of PW Prior to Public
Approval. App Iicant/Deve lope r shall comply Approval of Works
with all applicable City of Dublin Public Works Improvement
Standard Conditions of Approval. In the event Plans
of a conflict between the Public Works
Standard Conditions of Approval and these
Conditions, these Conditions shall prevail.
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36. Grading/Demolition/Sitework Permit. All PW Issuance of Public
improvement work must be performed per a Grading/Site Works
Grading/Demolition/Sitework Permit issued by Work Permit
the Public Works Department. Said permit will
be based on the final set of civil plans to be
approved 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.
37. Site Accessibility Requirements. All parking PW Prior to Public
spaces for the disabled, and other physical site Occupancy Works
improvements shall comply with current UBC
Title 24 requirements and City of Dublin
Standards for accessibility.
38. Site Improvements. As specified on the PW Prior to Public
Project plans, Applicant/Developer shall be Occupancy Works
responsible for completing the following on-site
improvements:
1. The existing disabled access parking
stalls directly serving the Project shall
conform to current ADA/Title 24
standards, with a "Minimum Fine $250"
sign installed.
2. Twelve (12) inch wide concrete step-out
curbs shall be constructed at each
parking space where one or both sides
abut a landscaped area or planter.
3. An inlet stormceptor (Triton Filter or
similar) shall be installed in the existing
parking lot catch basin.
4. The existing trash enclosure shall be
upgraded per City Ordinance [13-12].
5. Truncated domes (three (3) foot wide
minimum) shall be installed along the
entire length of the flush curb at the
--building entrance.
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PASSED, APPROVED AND ADOPTED this 26th day of February 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
G:IPA#120121PLPA-2012-00009 PetSmart Kennel CUPIPC Mtg 02.26.131PC Reso PetSmart Kennel CUP.doc
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