HomeMy WebLinkAboutPC Reso 13-19 Sprouts Farmers Market CUP RESOLUTION NO. 13-19
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
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, be detrimental to the public health, safety and welfare in that: 1) the Project
Y� ) Project
Y
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.
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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
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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
miti•ations resultin• from impacts of this •ro'ect.
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
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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
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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.
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PASSED, APPROVED AND ADOPTED this 9th day of July 2013 by the following vote:
AYES: O'Keefe, Bhuthimethee, Goel, Kohli
NOES:
ABSENT: Do
ABSTAIN:
girS/3
Vg Commission Chair
ATTEST:
Assists Com unity Development Director
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