Loading...
HomeMy WebLinkAbout8.1 Attch 1 Reso CUP RESOLUTION NO. 13-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 7153 AMADOR PLAZA ROAD (SPROUTS FARMERS MARKET) PLPA-2013-00019 WHEREAS, the Applicant, Terri Dickerhoff, has submitted an application on behalf of Sprouts Farmers Market for a Conditional Use Permit for "Retail — Outdoor Storage" at 7153 Amador Plaza Road; and WHEREAS, Sprouts Farmers Market, a retail grocery store, is located on a parcel that has a General Plan Land Use Designation of Downtown Dublin — Retail District, and is located in the Downtown Dublin Specific Plan area and is zoned Downtown Dublin Zoning District; and WHEREAS, a retail grocery store is considered a "Regional Retail" Use Type which is a permitted use in the Downtown Dublin Zoning District; and WHEREAS, "Retail — Outdoor Storage" is the outdoor storage and sales of materials for "Regional Retail" Use Types; and WHEREAS, in accordance with Section 8.30.070 of the Zoning Ordinance the Community Development Director has determined that "Retail — Outdoor Storage" is a permitted use in the Downtown Dublin Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; 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 Sprouts Farmers Market be found exempt from CEQA pursuant to Section 15301 (Existing Facilities) as the Project consists of four (4) outdoor display bins at an existing retail store, resulting in a negligible expansion of the 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 July 9, 2013; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and ATTACHMENT 1 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: 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 Downtown Dublin Zoning District; 2) the merchandise stored outdoors consists of seasonal fruits and vegetables which are also available inside the grocery 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 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 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 32,667 square foot freestanding building which is occupied by two existing retail stores, including a grocery store, and the Project compliments the grocery store through the orderly and uniform outdoor display of the same type of merchandise that is available inside the grocery store; and 2) the proposed display areas are near the store entrance and are conducive for the 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 Downtown Dublin Zoning District in which it is located; and 2) the Downtown Dublin Specific Plan encourages new development and improvements that will enhance the City's tax base. 2 of 7 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 Downtown Dublin — Retail District General Plan Land Use for the site; and 2) the Project is consistent with the Downtown Dublin Specific Plan Guiding Principle of increasing retail sales and economic activity throughout Downtown Dublin. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby approve a Conditional Use Permit for "Retail — Outdoor Storage" at an existing retail store at 7153 Amador Plaza Road (Sprouts Farmers Market) as shown on the project plans included as Exhibits A and B to this resolution, date stamped received by Dublin Planning on May 28, 2013 subject to the following conditions: 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 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 CONDITIONS OF APPROVAL Agency When Source Required, Prior to: GENERAL 1. Approval. This Conditional Use Permit approval is PL On-going Standard for Sprouts Farmers Market for the permanent placement of up to four (4) outdoor display bins (PLPA-2013-00019). The location and size of the display bins shall be as depicted and indicated on the Project plans dated received by Dublin Planning on May 28, 2013, on file in the Community Development Department, except as modified by the following Conditions of Approval. The design of the display bins shall be as depicted in the photographs dated received by Dublin Planning on May 28, 2013. 2. Effective Date. This Conditional Use Permit PL On-going DMC approval becomes effective 10 days after action by 8.136 the Planning Commission unless appealed before that time in accordance with the Zoning Ordinance. 3. Permit Expiration. Construction or use shall PL 1 year from DMC commence within one (1) year of this Conditional Permit 8.96.020. Use Permit approval or the Permit shall lapse and approval D become null and void. 4. Time Extension. The original approving decision- PL 1 year from DMC 3 of 7 maker may, upon the Applicant's written request for Permit 8.96.020. an extension of approval prior to expiration, and upon approval E 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 particular Permit. 5. Modifications. The Community Development PL On-going DMC Director may consider modifications or changes to 8.100 this Conditional Use Permit approval if the modifications or changes proposed comply with Chapter 8.100 (Conditional Use Permit) of the Zoning Ordinance. 6. Clarifications and Changes to the Conditions. In PL On-going Planning the event that there needs to be clarification to these Conditions of Approval, the Director of Community Development has the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Director of Community Development and placed in the project file. The Director also has 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 impacts of this project. 7. Revocation of Permit. The Conditional Use Permit PL On-going 8.96.020.1 approval shall be revocable for cause in accordance with 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. 8. Indemnification. The Applicant/Developer shall Various On-going Admin/Cit defend, indemnify, and hold harmless the City of y Attorney Dublin 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 Applicant's/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's 4 of 7 full cooperation in the defense of such actions or proceedings. 9. Fees. Applicant/Developer shall pay all applicable FIN Issuance Standard fees in effect, including, but not limited to, Planning of 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 between Developer and 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. 10. Requirements and Standard Conditions. The Various Building Standard Applicant/Developer shall comply with applicable City Permit of Dublin Fire Prevention Bureau, Dublin Public Issuance Works 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. PLANNING 11. Outdoor Display. All display bins shall be PL On-going Planning consistent in design, colors, materials and size. The use of pallets, cardboard boxes, wire racks or any other display apparatus is strictly prohibited. 12. All Uses Conducted Indoors. Except as otherwise PL On-going Planning approved as part of this Conditional Use Permit, or & otherwise allowed under Chapter 8.108 (Temporary DMC Use Permit), all activities associated with the 8.108 business shall be conducted indoors at all times. 13. Merchandise Storage. All merchandise and PL On-going Planning products shall be brought indoors during the hours that the store is closed for business in order to avoid theft and vandalism of merchandise. 14. Approval Period. This Conditional Use Permit PL 1 year of Planning approval shall be null and void in the event the Permit approved use fails to be established within one year, approval or ceases to operate for a continuous one-year and On- period. going 5 of 7 15. 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. 16. Outdoor Events. Any outside events shall be PL On-going DMC subject to the Temporary Use Permit requirements 8.108 contained in the City of Dublin Municipal Code, specifically Section 8.108.020. 17. Temporary Promotional Banners and Balloons. PL On-going DMC The use of Temporary Promotional Banners and/or 8.84.050. Balloons shall be subject to approval of a Zoning S Clearance and compliance with 8.84.050.S (Temporary Promotional Signs) of the Dublin Zoning Ordinance. 18. Prohibited Signage. The use of any A-Frame, PL On-going DMC Portable Sign, or Sandwich Board Sign, or any other 8.84.150 sign contained in Section 8.84.150 (Prohibited Signs) of the Dublin Zoning Ordinance, is strictly prohibited. 19. Property Maintenance. Per the City of Dublin Non- PL On-going DMC Residential Property Maintenance Ordinance, DMC 5.64 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. 20. Noise. The Applicant shall control all activities so as PL On-going DMC not to create unusual or unnecessary noise which 5.28.020 annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area. BUILDING 21. Accessibility. The main entry doors shall be B On-going Building maintained clear and unobstructed from any outdoor display bins at all times. A 48-inch minimum width accessible path of travel shall be maintained clear and unobstructed at the exterior walkway and entry ways at all times (including around the front corner of the entry feature). The accessible path shall connect the public sidewalk to both entry doors, and to the accessible parking stalls. 22. Health Permits. Any required Alameda County B Display of Building Environmental Health permits shall be obtained prior Bins to starting the display of outdoor bins. 6 of 7 PASSED, APPROVED AND ADOPTED this 9th day of July 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 7 of 7