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Home My WebLink About5.3 PCSR PetSmart CUP ��OF DUB �, � y STAFF REPORT 1 �/��III�� \�11 PLANNING COMMISSION 19 C = !�I'J 82 �LIFOR� DATE: July 12, 2016 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA 2016-00029 PetSmart Conditional Use Permit to allow Animal Services within the Fallon Gateway Retail Center at 2880 Dublin Boulevard Report prepared by: Martha Aja, Associate Planner EXECUTIVE SUMMARY: The Applicant is requesting approval of a Conditional Use Permit (CUP) for Animal Services within a proposed PetSmart store at the Fallon Gateway Retail Center. The CUP would allow obedience training, grooming, pet adoption and the operation of a veterinary facility at the future PetSmart retail store located at 2880 Dublin Boulevard (Major D within the Fallon Gateway Retail Center). RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution approving a Conditional Use Permit to allow the operation of Animal Services and a veterinary facility within a retail pet store located at 2880 Dublin Boulevard. Submitted B ' -vi ed By Associate Planner Assistant Community Development Director COPIES TO: Applicant/Property Owner File ITEM NO.: S. S Page 1 of 5 DESCRIPTION: The Fallon Gateway retail center is located within the Eastern Dublin Specific Plan area. The General Plan and Eastern Dublin Specific Plan (EDSP) land use designation is General Commercial. The project site is zoned PD, Planned Development. The 33.91-acre site is located along the west side of Fallon Road between Dublin Boulevard on the north and 1-580 on the south as shown on the vicinity map below. VICINITY MAP �.: # - • Project Site ARAN WY I 11! • Surrounding Uses Uses surrounding the Fallon Gateway project include: 1) to the north across Dublin Boulevard - General Commercial, Medium Density Residential and Medium High Density Residential, which was approved for construction of 437 single-family detached and multi-family residential units commonly known as Irongate; 2) to the south - 1-580 right-of-way; 3) to the east across Fallon Road - undeveloped land designated for General Commercial use; and 4) to the west is vacant property owned by Kaiser Permanente and designated for Campus Office use for the anticipated and eventual construction of a medical facility and associated offices. Project History In April 2009, the Planning Commission approved a Resolution approving a Site Development Review for Phases 1, 2 and 3 of the Fallon Gateway Center. The Site Development Review included 4 major tenant spaces (Major A, Major B, Major C and Major D) and 6 smaller retail buildings (Shops 5 — 10) for a total of 311,553 square feet of development. In June 2009, the City Council adopted a Planned Development (PD) Rezone with a related Stage 2 Development Plan for Fallon Gateway. The Development Plan allows development of up to 379,053 square feet distributed among 19 building sites to be developed in five phases. The PD Ordinance also established: 1) architectural and landscape design criteria; 2) specific parking standards; and 3) permitted, conditional, and temporary uses for the all phases of the Fallon Gateway project site. Per the PD, pet stores are a permitted use; however, a veterinary facility and other animal related services require a Conditional Use Permit. 2 of 5 As such, the Applicant is requesting approval of a Conditional Use Permit for Animal Services to allow obedience training, grooming, pet adoption and the operation of a veterinary facility at the future PetSmart retail store located at 2880 Dublin Boulevard. ANALYSIS: The Conditional Use Permit process exists to ensure the compatibility of use types due to their unique nature. The proposed Project's operating characteristics have been reviewed for potential impacts to surrounding uses, as well as compliance with off-street parking requirements. Conditions of Approval have been included where appropriate to ensure compatibility with the surrounding uses (Attachment 1). Operating Characteristics The obedience classes would be offered for puppies or adult dogs. Typical classes have an average of 5-7 pets and pet parents. The classes are held in an approximate 400 square foot classroom located within the store. The area to be used will have a half wall construction that is open to the retail sales floor. The grooming facility will occur within an approximate 950 square foot area of the store. In an ongoing effort to end euthanasia of stray animals, in lieu of selling dogs or cats, PetSmart makes space available within each of their stores for their local adoption partners, such as the humane society. Adoption events are proposed to occur monthly and would typically be scheduled for a Friday through Sunday. The adoption events will be held during the stores operating hours. Most of the events will be held indoors, with an exception of occasional outdoor adoption events. Any outdoor adoption event would occur on the sidewalk in front of PetSmart's store as generally shown on sheet two of Exhibit A to Attachment 1. The outdoor adoption events would include crates and temporary playpens and may include a pop up tent on sunny days to shade the animals (Attachment 1, Condition No. 22). Please refer to Sheet 2 of Exhibit A to Attachment 1 for the proposed location of the outdoor adoption events. The proposed veterinary care facility is a full service veterinary care facility operated by Banfield located within the PetSmart store in an approximate 2,465 square foot area in the back portion of the store. The veterinary services would consist of outpatient care, routine examinations, vaccinations, pharmacy, dental care and most surgical procedures. The veterinary facility would be open from 7:00 am to 7:00 pm. Boarding or keeping of pets overnight is not permitted; however, an overnight stay may be required for the safety and/or well being of a pet (Condition of Approval No. 23). General boarding of animals is not being proposed at this time and would require an amendment to the Conditional Use Permit for general boarding in the future. Please refer to the Applicant's Written Statement included as Attachment 2 for additional information regarding the proposed use. Parking Parking requirements for the Fallon Gateway retail center are established by the PD. At build out, the Fallon Gateway retail center will provide 1 ,508 surface parking spaces. The parking spaces in the center are shared for use by all tenants. Based on the proposed occupancy and anticipated uses within each building, the required parking for the entire center (including PetSmart with a requirement of 1 parking space per 300 SF) is 1 ,317 parking spaces; a surplus of 191 parking spaces. 3 of 5 ENVIRONMENTAL REVIEW: The project is located within the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR) for the General Plan Amendment and Eastern Dublin Specific Plan (SCH # 91103064), certified by the City Council in Resolution No. 51-93 and Addenda dated May 4, 1993 and August 22, 1994. The General Plan Amendment/Specific Plan EIR is a program EIR, which anticipated several subsequent actions related to future development in Eastern Dublin. The EIR identified some impacts of implementation of the General Plan Amendment/Specific Plan that could not be mitigated. Upon certification of the EIR, the City adopted a Statement of Overriding Considerations for such impacts. The City also adopted a Mitigation-Monitoring Program, which included numerous measures intended to reduce impacts from the development of the Eastern Dublin area. In 1997, a Negative Declaration was approved by the City Council in Resolution No. 140-97 for the Planned Development Rezoning of Dublin Ranch Areas B-E, which includes the Fallon Gateway site. After completing an Initial Study, it was determined that the rezoning would not have any significant environmental impacts which were not already adequately described and analyzed in the Program EIR. The project as proposed does not exceed the thresholds identified in the Negative Declaration. No further environmental document is needed because the environmental impacts of this project were fully addressed and within the scope of the Final EIR for the Eastern Dublin General Plan Amendment and the 1997 Negative Declaration. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The project, as conditioned, is consistent with the General Plan land use designation of General Commercial in that it provides services that are complimentary to a retail pet store. Additionally, the Project is consistent with the Planned Development Zoning District in that a veterinary facility and other animal related services are conditionally permitted subject to approval of a Conditional Use Permit by the Planning Commission and the Applicant has submitted a complete application for a Conditional Use Permit. The Project meets the parking requirements set forth in Fallon Gateway PD and Conditions of Approval have been applied to the Project to ensure on-going compatibility with surrounding uses and the environment (Attachment 1). NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project. A public notice was also published in the East Bay Times and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. This Staff Report has been posted to the City's website and a copy has been provided to the Applicant. ATTACHMENTS: 1) Resolution Approving a Conditional Use Permit for Animal Services to allow obedience training, grooming, pet adoption and the operation of a veterinary facility at the PetSmart retail store located at 2880 Dublin Boulevard, with the project plans included as Exhibit A. 2) Applicant's Written Statement 4 of 5 GENERAL INFORMATION: APPLICANT/ Stanforth Holding Company LLC PROPERTY OWNER: 4080 Grafton Street, Suite 200 Dublin, CA 94568 Attn: James Tong (925) 463-1666 LOCATION: 2880 Dublin Boulevard ASSESSORS PARCEL NUMBER: 985-0079-014 GENERAL PLAN LAND USE DESIGNATION: General Commercial SPECIFIC PLAN LAND USE DESIGNATION: General Commercial SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY [north of Dublin Boulevard] Medium Density North PD Residential/General Vacant Commercial/Rural Residential/Agricultural South 1-580 1-580 1-580 East PD [east of Fallon Road] Vacant General Commercial West PD Campus Office Vacant 5 of 5