Loading...
HomeMy WebLinkAboutReso 032-95 Petco CUP AppealRESOLUTION NO. 32-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN MODIFYING THE PLANNING COMMISSION'S APPROVAL OF PA 94-055 PETCO CONDITIONAL USE PERMIT AT 11976 DUBLIN BOULEVARD WHEREAS, Steve Thomas, representing PETCO, submitted an application requesting approval of a Conditional Use Permit for the construction and operation of a 12,002 square foot PETCO retail store; and WHEREAS, the Planning Commission did hold a public hearing on said application on March 6, 1995, and did adopt Resolution 95-07 adopting the Negative Declaration, Resolution 95-08, approving PA 94-055 PETCO Conditional Use Permit and Resolution 95-09, approving PA 94-055 PETCO Site Development Review; and WHEREAS, the decision of the Planning Commission on the PETCO project was appealed on March 7, 1995, by Councilmember Barnes; and WHEREAS, the appeal was amended by Councilmember Barnes on March 20, 1995; and WHEREAS, the City Council did hold a public hearing on said application on March 27, 1995; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been adopted (City Council Resolution No. 31-95). This project will not have a significant effect on the environment; and WHEREAS, the City Council did consider the proposal to change from one established use to another permitted use as required by the San Ramon Road Specific Plan; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the City Council grants the appeal and modifies the Planning Commission's approval, as set forth below, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby find: The construction and operation of the PETCO retail store will serve a public need by providing, the retail sale of pet supplies in the City of Dublin. The use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible with the type and nature of operations typically found in the neighborhood. Cm The use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. The use will not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located. The project is consistent with the policies contained in the City's General, Plan and in the San Ramon Road Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby conditionally approve PA 94-055, PETCO Conditional Use Permit application, as generally depicted by materials labeled Exhibit B, stamped approved and on file with the Dublin Planning Department, 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 Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. IPL1 Planning, IB| Building. [PO] Police, [PW1 Public Works, [ADM1 Administration/City Attorney. [FIN] Finance. IF] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, ICO| Alameda County Department of Environmental Health· GENERAL This Conditional Use Permit approval for PA 94-055 is to allow the operation of a 12,002 square foot PETCO retail store at 11976 Dublin Boulevard in a C-N Neighborhood Business District. This approval shall generally conform to the plans prepared by George Meu Associates dated March 21, 1995, stamped approved labeled Exhibit B. These sheets consist of a Site Plan and Grading Plan; a 2 Preliminary Landscape Plan; a Floor Plan and Roof Plan and Exterior Elevations except as modified by conditions of this resolution. [PL] SECURITY As required by the Dublin Department of Police Services, all security hardware for the new structure must comply with the City of Dublin Non-Residential Security Requirements (Exhibit J). [B, PO] The Applicant shall work with the Dublin Department of Police Services prior to submittal of building plans and on an ongoing basis to establish an effective theft prevention and security program. [PO] The Applicant should consider the use of anti-graffiti coating on windows and wall surfaces. [PO] The curbing at the entrances to the parking lot shall be painted red except where adjacent to a required parking space. The door on the north side of the building shall be provided with a peep-hole for the safety of employees exiting that door. Prior to issuance of building permits, the Applicant shall provide written documentation to the Planning Department that all Dublin Police Services requirements have been, or will be, met. [PO, PL] DEBRIS/DUST/CONSTRUCTION ACTIVITY Measures shall be taken to contain all trash, construction debris, and materials on- site until disposal off-site can be arranged. The Applicant shall be responsible for corrective measures at no expense to the City of Dublin. [B, PW] Areas undergoing grading, and all other construction activities, shall be watered, or other dust palliative measures used, to prevent dust, as conditions warrant. [B, PW] 10. The use of any temporary construction fencing shall be subject to the review and approval of the Director of the Department of Public Works and the Building Official. [PW, B, PL] 11. The trash receptacle shall be located as agreed upon with the Liver.ore Dublin Disposal Company. Written confirmation of this shall be sent to the Director of Planning by the Applicant prior to the issuance of building permits. [PI] 3 12. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 27th day of March, 1995. AYES: NOES: None ABSTAIN: None ATTEST: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston MAYOR (94-55/cupres2)