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Home My WebLink About02-06-1989 Item 8.3 PA88-150 GoodwillTO: FROM: SUBJECT: CITY OF DUET.Z7 PLANNING CO~iMSiO~' AGENDA STATEMENT/S~AFFREI~OET Meeting Date: February 6, 1989 Planning Commission Planning Staff ~ PA 88-150 Goodwill Conditional Use Permit GENERAL INFORMATION: PROJECT: Conditional Use Permit request to allow the operation of a self contained 25' long, 8' wide, 13' tall trailer for use as a donation drop-off station in a portion of the Shamrock Village Shopping Center parking lot. APPLICANT: Goodwill Industries Ronald Turnbow-President 1301 30th Avenue Oakland, CA 9460 REPRESENTATIVE: Mr. Sonny Escudero Mr. Mike Flynn 1301 30th Avenue Oakland, CA 94601 PROPERTY OWNER: Ms. Barbara Cross P. O. Box 2247 San Rafael, CA 94912 LOCATION: Easterly portion of the Shamrock Village Shopping Center parking lot 7767 Amador Valley Boulevard ASSESSOR PARCEL NUMBER: 941-173-4-5 PARCEL SIZE: .84 acres GENERAL PLAN DESIGNATION: Commercial/Retail/Office (Downtown Specific Plan) EXISTING ZONING AND IAND USE: C-1 Retail Business District Commercial Retail Shopping Center SURROUNDING LAND USE AND ZONING: N~rth: South: C-0 Administrative Office/currently undeveloped R-S-D-20/Multi-Family Residential Apartments C-1 Retail/Dublin Plaza Shopping Center COPSES TO: Applicant Owner ITEM NO. ~, ~ File Pa 88-150 ZONING East: West: C-I Medical C-1 Sharz~rock Center HISTORY: PA 86-130: On January 5, 1987, the Dublin Planning Commission approved a Conditional Use Permit to allow a ~on~tion trailer in th~ Mervyns' parking lot at 7117 Regional Street (one-year approval). PA 87-174: On January 18, 1988, the Dublin Planning Commission denied a Conditional Use Permit to allow a donation trailer in the parking lot of Howard Johnson's hotel site. On appeal (February 22, 1988), the City Council upheld the Commission's denial of the requested use permit as it was determined to be inappropriate use on the site with the hotel and nearby restaurants. On October 27~ 1988, the Planning Director approved a request for Site Development Review waiver to allow for minor exterior alterations for Goodwill Stores to the existing commercial building within the Shamrock Village Shopping Center in connection with a building permit request. PA 88-118: On November 8, 1988, the Planning Director approved a Site Development Review request to install three new fascia mounted signs for the Goodwill Store located in the Shamrock Village Shopping Center. October 28, 1988 - January, 1989: :Interior and minor exterior alternations made on an existing 5679 square foot vacant commercial space within the easterly portion of the Shamrock Village Shopping Center to allow for the operation of a Goodwill Industries Store Retail Outlet. APPLICABLE REGULATIONS: The Downto,~n Dublin Specific Plan establishes policies and standards to control development within the downtown area. Section 8-48.2(g) Conditional Uses: C-1 Districts allow "recycling centers when operated in conjunction with a permitted use on the same premises" subject to approval of a Conditional Use Permit. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. [PA88-150:Ag Stmt PC 2/6/89] -2- ENVIRONMENTAL REVIEW: Categorically Exempt, Class 4(e), Section 15304 - Temporary use ol land h~ving negligible or no permanent effect on the enviro~*ment NOTIFICATION: Public Notice of the February 6, 1989, hearing was published in 'l~he Herald, mailed to adjacent property owners, and posted in public buildings. AiqALYSIS: The Applicant is requesting approval of a Conditional Use Permit to allow a Goodwill Donation Station in the easterly portion of the Shamrock Village Shopping Center (see Exhibit B). The donation station consists of a self-contained blue and white truck trailer standing 13 feet in height, with a length of 25 feet and a width of 8 feet (see Exhibit C). The City Zoning Ordinance does not list a specific category for this use; however, the use is considered similar to a recycling center which requires a Conditional Use Permit. This site was one of several sites suggested by Staff at the time of Goodwill's request for consideration of the proposed Howard Johnson's site which was denied. As proposed, the truck trailer would be located along the easterly property line and occupy approximately four parking spaces. The temporary loss of the parking spaces does not crea~e a problem since the property would~ continue to comply with on-site parking requirements as established in the Dublin Zoning Ordinance and the Downtown Dublin Specific Plan. The trailer's location would not reduce visibility to the existing businesses as it would be located behind th~ ~uilding line of th= Medical Offices. The existing Goodwill Store and :!edica] Office screen views to this portion of the parking lot and businesses. Staff has evaluated other locations at this site for potential trailer placement. Other locations are more visible to nearby residential areas or public streets. A location outside of the marked parking spaces, north of the lamp post, would not be possible as the lamp post restricts the required room necessary for the trailer. Placement of the trailer perpendicular to the property line would create traffic safety problems as the trailer would project into the required drive isle area. The proposed hours of operation for the station are 10 a.m. to 5:30 p.m. seven days a week. A Goodwill employee will be present at the trailer during operating hours. During non-business hours the Donation Station trailer doors will be secured and locked. After hours a truck will make pick ups of any items outside of the trailer during the evening, during the day a pick-up delivery vehicle will be available on an on-call basis. When the trailer is full it will then be replaced by an empty one. The purpose of the station is to receive donations of items used to provide vocational training and employment services for the handicapped. The proposed use and location appears to be appropriate for the property. The site contains the Goodwill store as well as other retail activities. These uses coincide with one another in a supportive fashion. Additionally, supervision and monitoring/maintenance of the donation station might likely occur in a timely and responsive fashion in that the Goodwill store is located nearby. Staff feels that the inclusion of a Goodwill Donation Station on this site would create an appropriate and compatible mixture of land uses. Although the location of the truck trailer in the parking area is visible from some locations along Amador Valley Boulevard it would be less obtrusive than other parking lot locations which are more open towards Amador Valley Boulevard and Starward Drive. [PA88-150:Ag Stmt PC 2/6/89] -3- RECOMMENDATION: FORe,AT: l) 2) 3) 4) 5) Open public hearing and hear Staff presentation. Take testimony from App!i~ant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt Draft Resolution Exhibit A. regarding Condinional Use Permit PA 88-150, or give Staff ~nd Applicant direction and continue the matter. - ACTION: Adopt Resolution approving PA 88-150 Conditional Use Permit for Goodwill Donation Station ATTACHMENTS: Exhibit A: Exhibit B: Site Plan Exhibit C: Elevations Background Attachments: Attachment 1: Location Map Attachment 2: Attachment 3: Resolution approving PA 88-150 Conditional Use Permit Applicant's Written Statement (2 sheets) Applicant's Background Information (3 sheets) [PA88-150:Ag Stmt PC 2/6/89] -4- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING CO~giiSSiON OF THE CITY OF DUBLIN APPROVING PA 88-150 GOODWILL INDUSTRIES DONATION STATION CONDITIONAL USE PERMIT FOR A 25 FOOT LONG TRUCK TRAILER LOCATED IN THE S,qAMllOCK VILLAGE SHOPPING CENTER PARKING LOT NEAR GOODWILL STORE, 7767 AMADOR VALLEY BOULEVARD WHEREAS, Sonny Escudero, representing Goodwill Industries, filed an application for a Conditional Use Permit to locate a 25 foot long truck trailer for a Donation Station in the Shamrock Village Shopping Center near Goodwill store, 7767 Amador Valley Bouteard. WHEREAS, the Planning Commission held a public hearing on said application on February 6, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and ~EREAS, the request is categorically exempt in accordance with the provisions of California Environmental Quality Act; and WHEREAS, a Staff Report was submitted recommending the application be conditionally approved; and ICHEREAS, the Planning Commission heard and considered all said reports, recommendations and testimony hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: a. The use is required by the public need in that it provides a location for the general public to drop off reuseable items. b. The use would be properly related to other land uses and transportation and service facilities in the vicinity. c. The use, if permitted under all circumstances and conditions of this particular case, will not materially affect adversely 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 area, as all applicable regulations will be met. d. The use will not be contrary to the specific intent clause or performance stnada%ds of the General Plan and zoning established for the district in which it is to be located in that conditions have been applied to insure conformance with the zoning regulations. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve said application as sho~ on attached Exhibit B and C subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of building permits or establishment of proposed land use activity and shall be subject to Planning Department review and approval. 1. The Donation Station truck trailer shall be located in the Shamrock Village parking lot areas near the Goodwill store and the Medical Center building, as generally depicted in Exhibit B and C. 2. The Donation Station shall not interfere with or obstruct vehicular access or movement within the parking lot. 3. ~ Hours of operation shall be from 10 a.m. to 5:30 p.m., 7 days a week. After hours, the trailer shall be locked and secured. 4. Parking lot and Building lighting ~hall be maintainad a.~d operational during non-daylight hours. 5. r£~e Applicant~ Goodwill Industries, shall be responsible for maintaining the Donation Station and parking lot surrounding the truck trailer in a clean and orderly manner. No items shall be left at the truck trailer for more than 24 hours at a time. 6. The Applicant shall provide on-site_ signage indicating hours of operation drop-off instructions for after hours and a telephone number for use in case of emergency. Said signage shall be limited to two signs each a maximum of 8 square feet of area. Location of signs shall be submitted to the Planning Department for approval prior to placement. 7. This permit shall expire on February 15, 1990 and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 6th day of February, 1989. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Director -2- ....... , ,,~. ,...,.~/ ~ ~,,~, ~, ~ '~ ', ~ ~ ~ , ,.. ,,~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , "".", "A X X ~X{ I ~,-- ~./ .: ....... ~ A PART OF THE : ;~ !' .. ;~ ~ ~ ~ CiTY OF ~ SANTINA . ,.~.q.,~ ZONING MAP -i GOODWILL INdUSTRIES- OF THE GREATEFt, EAST B,~Y, il'lC. Decembe~ 23, 1988 Larry Tong, Planning Director City of Dublin P.O. Box 2340 Dublin, CA 94568 Dear Fir. Tong: This letter is to request permission to place a Goodwill Donation Station trailer at 7567 Amadcr Valley Bou!evari Shamrozk Village - Dublin, Celiforni~a. Goodw~_--1 1 ULlzlZeS,~ ' ~ ' new ti'me and whi~=~ ~ tr~i!ers that .~_=~_ both clean and attractive. Each trailer is s~ffed by a Goodwill n~ employee to assist with donations, insure c!eanli ==- cf the surrounding area and give t~:< receipts c~ donors. Tka tra=z=_~ === =~ ~'~ on the collection an~ sa~ of As you know, Goodw~ ~' u_m~m~ -~ materials to fund the vocational r=hab~i~=tion and 3o0 placement programs we prov~ ~ to the '~=niicaooed. P!acemen of the tra Qill result in_jobs for 6 - S eersons who are unable to comoete in the regular workfcrce ami will serve as a symbol of Shamrock Village's concern for the community it serves. Hr. Sonny Escuderc, our Donation Yield Sumervispr, will contact you shortly to dlsauss this matter. ~. the Goodwill is prepare! ts re~resent S'Aanrock Vill~ce :~ handicapped community wink 7rile and professionalism. It is our hooe hh~h vou wi!! suesort Gcodwil!'s efforts to mrovzce "not charity, but z chance" to kaniicaoped =n~ di citizeps by a ..... ~vinc tkts "~ .... ~ Thank vo'd foL' yOUL' CO:IS ....... 1u.,. Sincere/:, '-' = ~ H Ronald Tu,m~ow Db'BNN OUS BUS,'NSSS 7,0,%{S. SO PE.SP-E CAN S~aping New Futures For Ps:sons % %'i~h Hone'coos ;o S,np,'oymest ,"n A:ameca. Contra Costs. and Solano Court,'es PAGE 2 OF .~,. ~3AGSttAW, }L~!TI,','ELLI. CriRRIGAN ~ JORDAN November 30, 1988 Goodwill Industries of the Greater East Bay 1301 30th Avenue Oakland, CA 94601 Attention: Hr. Hichae! P. F1vnn Donation Se~/ices Manager Dear Hr. F!ynn: Reference is made to your November 2!at !ether addressed to cur client, Hrs. Barbara Cross, who, as trustee, is the !esssr cf the new Gccdwill store at 7745 Amador Valley Road, in Dublin. As set your request, Hrs. Crcss has signed the City cf Dublin's Planning Application form, and the executed form is enclcsed her_w_~,. ~ Cross did not, however, slcn your "standard" Gccdwill Industries form permitting the location cf a donation station at 5he property. Such form is not re~aired. Under the terms of the August 25, 1988 Lease Acreement between Barbara Cross, Trustee, as Lessor, and GocdQi!! Industries, as Lessee, Gccdwi!l Industries has the right to ~nst=~l a "donation ~-~" s~_~, . in this connection, · am a copy cf Page !S of the Lease Agreenen~, together with a co~v Exhibit A aztached to the lease. Pargraph 54(h) cn Page iS forth the permission for the facility, in the area cut!ine! cz Exhibit A. Should you have any further quesuicns, please contact me. Very truly yours, ~.'-~_. -...; , ~ .LL'.~,~ ~. RODERiCK ?. }~RTiNELL! RPH./rf Encl. cc.: }Irs. Barbara Cross (g). Acts of Le~sor. All acts of Lessor concerning this Lease, the leased premises or the Center shall be performed on ~zc_r of Lessor, unless written notice behalf of Lessor by an of~' to the contrary is given to Lessee. IN'WITNESS WHEREOF, we have h~reunto set our hand executed this instrument this ~ ~ day of August, LESSOR: LE~m~: '~BAREARA CROSS, Trustee Under Will of Gertrude Dibble, dec'd GOOL;-IILL INDUSTRIES OF THE GREATER EAST BAY PresldezL The Fot!cwing paragraph shall be incorporated into and shall become a part of this lease agreement between Barbara Cross, Trustee Under will of Gertrude Dibble, Deceased, and Goodwill Industries cf the Greater East Bay: 54. (h} . Donation Station Lessor agrees to allow Lessee, at Lessee's cpa!on, and ketch'; gives permission to Lessee, to place and use a Gcodwii! Donation Station Facility in thc parking lot cf the shopping center on which this subject property is located, subject to compliance with an'.' applicable governmental restrictions. Lessee agrees to maintain such Donation Station in a clean and crder!y condition. Said Faciiitv to be located in ~he }:ertheasteriv carnet of the Center as ind{-=-~.~ : z on ~xhibit "A . ,*~ LESSCR: LESSEE: BARBArA-CROSS, Trustee Under Will of Gertrude Dibble, des'd V~c° Chairman Bokrd oz ...... Preslie::~ -18- REC2I~(ED