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HomeMy WebLinkAbout5.3 Att 1 PC Reso CUP PetSmart RESOLUTION NO. 16-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO ALLOW OPERATION OF ANIMAL SERVICES AND A VETERINARY FACILITY WITHIN A RETAIL PET STORE LOCATED AT 2880 DUBLIN BOULEVARD (APN 985-0079-014) PLPA-2016-00029 WHEREAS, the Applicant, James Tong, of Stanforth Holding Company, LLC, has requested 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 PetSmart retail store located at 2880 Dublin Boulevard (Major D of the Fallon Gateway Center) (the "Project"); and WHEREAS, Fallon Gateway is a 33.91-acre commercial center located on the west side of Fallon Road between Dublin Boulevard on the north and Interstate 580 on the south within the Eastern Dublin Specific Plan Area and Area C of the Dublin Ranch planned community; and WHEREAS, in June 2009, the City Council adopted a Planned Development Rezone with a related Stage 2 Development Plan for Fallon Gateway, which among other things, established the permitted, conditional and temporary uses for all phases of the project site; and WHEREAS, the Fallon Gateway Retail Center is currently under construction in phases; and WHEREAS, a veterinary facility and animal services is a conditionally permitted use within the Fallon Gateway center subject to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the Applicant has submitted a complete application for a Conditional Use Permit; 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, the proposed project has been reviewed and has been determined to be consistent with the Eastern Dublin Specific Plan, which was adopted in 1994 and has a certified Program ER (SCH No. 91-103064). Pursuant to the California Environmental Quality Act, the proposed project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, which was certified by the City Council by Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 (the "FEIR"); and WHEREAS, 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 Planned Development Rezoning would not have any significant environmental impacts which were not already adequately described and analyzed in the Program ER. The project as ATTACHMENT I proposed does not exceed the thresholds identified in the Negative Declaration, and no further environmental document is needed; 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 12, 2016; 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: 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 located within Major D of the Fallon Gateway retail center which includes a mix of retail, restaurant, commercial and personal service uses; 2) the Project will occupy a portion of a retail store and all activities, with the exception of occasional pet adoption events, will be conducted entirely indoors; and 3) the Project site is accessible from existing driveways on Dublin Boulevard and Fallon Road. B. The proposed use 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 require that all activities associated with the operation of the obedience classes, grooming and veterinary facility be conducted within the existing building so as not to disturb surrounding businesses; 2) the outdoor pet adoption events shall occur in front of the store and an accessible path of travel shall be maintained at all times; 3) the Project will conform to all applicable regulations contained in the Dublin Zoning Ordinance; and 4) the Project has been conditioned to require the Applicant to be responsible for maintaining the site in a clean and litter free condition on a regular and continuous basis. C. The proposed use will not be injurious to property or improvements in the neighborhood in that 1) the Project has been conditioned to require Building Permits for all modifications to the tenant space to ensure that the Project complies with all applicable Building and Fire Codes; 2) the Project has been conditioned to require that all activities associated with the obedience classes, grooming and operation of the veterinary facility are conducted entirely within the existing building; and 3) adequate parking exists to serve the Project in accordance with the Fallon Gateway PD. 2 of 12 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 occupy a commercial building that will be connected to public water, sanitation, utilities and services and will not generate or create additional demand on services to be an adverse impact. 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 Project would be located on a fully developed parcel that is accessible to vehicles and pedestrians from existing driveways and sidewalks on Dublin Boulevard and Fallon Road; 2) the Project is allowed by the PD zoning to operate in this location with an approved Conditional Use Permit; 3) the required parking for the Project is established by the PD; and 4) all required parking will be provided on the Project site. F. The proposed use 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) Conditions of Approval have been applied to the Project to ensure on- going compatibility with surrounding uses; 2) as conditioned, the Project is compatible with the Planned Development Zoning District in which it is located; and 3) adequate parking exists to serve the Project in accordance with the Fallon Gateway PD. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the Project is consistent with the General Plan and Eastern Dublin Specific Plan land use designation of General Commercial in that it provides services that are complimentary to a retail pet store; and 2) the Project would be located on a parcel that is to be developed with a commercial building. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby approve a Conditional Use Permit for Animal Services at the PetSmart retail store located at 2880 Dublin Boulevard, as shown on the project plans date stamped received by the Dublin Planning Division on April 14, 2016 and included as Exhibit A, and in the written statement date stamped received by Dublin Planning on May 18, 2016 and incorporated by reference, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of the 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. 3 of 12 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL 1. Approval. This Conditional Use Permit approval is PL Planning for the establishment of animal services, which includes a veterinary facility, obedience training, grooming and pet adoption and other similar services as determined by the Community Development Director at the future PetSmart retail store located at 2880 Dublin Blvd (PLPA-2016- 00029) This approval shall be as generally depicted and indicated on the plans prepared by MacKay & Somps and PetSmart dated received by Dublin Planning on April 14, 2016, the written statements dated received on May 18, 2016, and other plans, text and diagrams related to this approval, stamped approved and on file in the Community Development Department, except as modified by the following Conditions of Approval. 2. Effective Date. This Conditional Use Permit PL DMC approval becomes effective 10 days following 8.96.020.H action by the Planning Commission unless and appealed before that time in accordance with the 8.136 Dublin Zoning Ordinance. 3. Permit Expiration. Construction or use shall PL 1 year from DMC commence within one (1)year of Permit approval or approval 8 96 020.D the Permit shall lapse and become null and void. If the uses ceases for a one (1) year period, then the use shall become null and void 4. Time Extension. The original approving decision- PL 1 year from DMC maker may, upon the Applicant's written request for approval 8.96.020.E an extension of approval prior to expiration, and upon 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. Minor Amendments. Modifications or changes to PL On-going DMC this Conditional Use Permit approval may be 8100.080 considered and approved by the Community Development Director if the modifications or changes proposed comply with Chapter 8.100.080 (Amendments) of the Dublin Zoning Ordinance. 6. Revocation of Permit. The Permit approval shall PL On-going DMC be revocable for cause in accordance with Section 8.96.020 1 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation 7. Requirements and Standard Conditions. The Various Issuance of Various Applicant/Developer shall comply with applicable building 4 of 12 City of Dublin Fire Prevention Bureau, Dublin Public permits or Works Department, Dublin Building Department, installation of Dublin Police Services, Alameda County Flood improve-ments 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 Applicant/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 8. Fees. Applicant/Developer shall pay all applicable Various Issuance of Various fees in effect, including, but not limited to, Planning 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. 9. Indemnification. The Applicant/Developer shall ADM On-going Admin/City defend, indemnify, and hold harmless the City of 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/Developers 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 full cooperation in the defense of such actions or proceedings. 10. Clarifications to the Conditions of Approval. In PL On-going Planning the event that there needs to be clarification to the Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Applicant without going to a public hearing. The Community Development Director also has the authority to make minor modifications to these 5 of 12 Conditions of Approval without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts to this project. 11. Controlling Activities. The Applicant/Developer PL Through Planning shall control all activities on the project site so as construction not to create a nuisance to existing/surrounding and on-going businesses and/or residences. _ 12. Clean-up. The Applicant/Developer shall be PL Through Planning responsible for clean-up and disposal of project construction related trash to maintain a safe, clean, and litter- and on-going free site. 13. Property Maintenance. The Applicant/ Developer PL On-going DMC and property owner shall be responsible for 5 64 050 maintaining the site in a clean and litter free condition during construction and through completion Per the City of Dublin Non-Residential Property Maintenance Ordinance, DMC 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. PLANNING DIVISION -GENERAL 14. Permanent Signage. Prior to the installation of any PL Signage DMC on-site signage, the Applicant/Developer shall apply installation 8.84 for and receive approval from the Planning Division All signage shall be consistent with the Fallon Gateway Master Sign Program. 15. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons 8.84 are subject to compliance with Chapter 8.84 of the Dublin Zoning Ordinance. 16. Prohibited Signage. The use of any A-frame, PL On-going DMC portable, sandwich board, or any other sign 8.84.150 contained in Chapter 8 84 150 (Prohibited Signs) of the Dublin Zoning Ordinance, is prohibited. 17. Noise/Nuisance. The Applicant shall control all PL On-going Planning activities on the site so as not to create a nuisance to the surrounding businesses and residents. 18. Accessory/Temporary Structures and Uses. A PL Placement on- DMC Temporary Use Permit is required for all site 8.108 construction trailers, security trailers and storage containers used during construction. 19. Equipment Screening. All electrical and/or PL Issuance of Planning mechanical equipment shall be screened from building public view. Any roof-mounted equipment shall be permits completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Community Development Director. 6 of 12 20. Bicycle Racks. Prior to the issuance of building PL Issuance of DMC permits, the Applicant/Developer shall work with building 8.76 Staff to provide sufficient bicycle racks at various permits locations throughout the project site. The bicycle racks shall be unobtrusive and out of the path of travel. CONDITIONAL USE PERMIT 21. Use. All activities associated with the operation of PL On-going DMC the veterinary facility, pet grooming and obedience 8.24.020 training shall be conducted entirely within the building 22. Adoption Events. Adoption events may occur PL On-going Planning monthly These events may be held either indoors or outdoors. The outdoor adoption events shall occur on the sidewalk in front of the store and an accessible path of travel shall be maintained at all times as generally shown on sheet two of Exhibit A to this Resolution. The outdoor adoption events may include crates, temporary playpens and pop-up tents. No amplified music is permitted. 23. Boarding. Boarding of animals is prohibited. PL On-going Planning Animals may remain on-site overnight when receiving medical treatment from the veterinary facility. 24. Annual Review. On an annual basis this CUP PL On-going Planning approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval PLANNING DIVISION-CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN 25. Non-Residential Security Requirements. The PL On-going Planning property owner and/or their designee shall comply with the City of Dublin Non-Residential Security Requirements. 26. Graffiti. The site shall be kept clear of graffiti PL On-going DMC vandalism on a regular and continuous basis. 5.68 Graffiti resistant materials shall be used including but not limited to graffiti resistant paints for the structures and graffiti resistant film for windows. 27. Employee Exit Doors. Employee exit doors shall PL Occupancy Planning be equipped with a 180-degree viewer or a burglary resistant window panel within the door from which to scan the exterior. FIRE PREVENTION BUREAU 28. Fire Sprinkler System 8 Monitoring F Permit Fire Requirements. In accordance with the Dublin Fire Issuance Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may be a deferred submittal. 7 of 12 29. Fire Alarm (detection) system required. A Fire F Permit Fire Alarm-Detection System shall be installed Issuance throughout the building so as to provide full property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be installed in accordance with NFPA 72, CA Fire, Building, Electrical, and Mechanical Codes 30. Fire Extinguishers. Extinguishers shall be visible F Occupancy Fire and unobstructed. Signage shall be provided to indicate fire extinguisher locations. The number and location of extinguishers shall be shown on the plans. 31. FD Building Key Box. Building Access A Fire F Occupancy Fire Department Key Box shall be installed at the main entrance to the Building Note these locations on the plans The key box should be installed approximately 5 1/2 feet above grade. 32. Maximum Occupant Load. Posting of room F Occupancy Fire capacity is required for any occupant load of 50 or more persons. Show detail on plans. 33. Interior Finish. Wall and ceiling interior finish F Occupancy Fire material shall meet the requirements of Chapter 8 of the California Fire Code 34. Site Plan. The site plan needs to show sufficient F Permit Fire detail to reflect an accurate and detailed layout of Issuance the site for review and record purposes. The site plan will need a scale that will allow sufficient details for review and purposes and include, but not be limited to the following: • The site parking and circulation layout including fences, gates, fire lane locations and turnarounds. • Location of all fire appliances including fire hydrants, fire connections, fire sprinkler risers and fire control valves. • The location of all building openings including the exit discharge pathway for building exits. Note the location of exit lighting for these pathways as well • The location of any overhead obstructions and their clearances • The location of property lines and assumed property lines between buildings on the same property as well as any easements. The site plan will also need to note the location and distance of fire hydrants that are along the property frontage as well as the closest hydrants to each side of the property that are located along the access roads that serves the property. In addition, the improved face of curb to face of curb or edge of pavement width of the access road that serves the property will need to be noted 8 of 12 35. High Pile Permit Application. Prior to any high F Occupancy Fire pile storage occurring, a Fire Permit allowing such storage shall be obtained. A completed High Pile Permit Storage Application will need to be submitted to the Fire Department along with a complete building storage and layout submittal 36. Automatic Shutoffs for Ducts. Air moving F Occupancy Fire systems supplying air in excess of 2,000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Automatic shutoff shall be accomplished by interrupting the power source of the air moving equipment upon detection of smoke in the main supply air duct served by such equipment. Smoke detectors shall be labeled by an approved agency approved and listed by the California State Marshal for air duct installation and shall be installed in accordance with the manufacturer's approved installation instructions. DUBLIN SAN RAMON SERVICES DISTRICT 37. Improvement Plans Prior to issuance of any DSRSD Issuance of Standard building permit, complete improvement plans shall Building be submitted to DSRSD that conform to the Permits requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and all DSRSD policies. 38. Mains. All mains shall be sized to provide sufficient DSRSD Issuance of Standard capacity to accommodate future flow demands in Building addition to each development project's demand. Permits Layout and sizing of mains shall be in conformance to DSRSD utility master planning. 39. Sewers. Sewers shall be designed to operate by DSRSD Occupancy Standard gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD Staff Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station 40. Waterline Systems. Domestic and fire protection DSRSD Occupancy Standard waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 9 of 12 41. Sewer Line Locations. DSRSD policy requires DSRSD Occupancy Standard public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 42. Easement Dedications. Prior to approval by the DSRSD Permit Standard City of a grading permit or a site development Issuance permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted and approved by DSRSD 43. Fees. Prior to issuance by the City of any Building DSRSD Issuance of Standard Permit or Construction Permit by the Dublin San Building Ramon Services District, whichever comes first, all Permits utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code 44. Improvement Plans. Prior to issuance by the City DSRSD Issuance of Standard of any Building Permit or Construction Permit by Building DSRSD, whichever comes first, all improvement Permits plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the Applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The Applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 45. Construction Permit. No sewer line or waterline DSRSD Issuance of Standard construction shall be permitted unless the proper Building utility construction permit has been issued by Permits DSRSD. A construction permit will only be issued after all of the items in Condition of Approval No. 44 have been satisfied. 46. Hold Harmless. The Applicant/Developer shall hold DSRSD On-going Standard DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 10 of 12 47. Recycled Water Improvements Improvement DSRSD Issuance of Standard plans shall include recycled water improvements as Construction required by DSRSD Services for landscape Permits irrigation shall connect to recycled water mains Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein 48. Backflow Prevention Device Above ground DSRD Occupancy Standard backflow prevention devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The Applicant shall collaborate with the Fire Department and with DSRSD to size and configure its fire system. The Applicant shall minimize the visual impact of the backflow prevention devices/double detector valves through strategic placement and landscaping. 49. Development Plans. Development plans will not DSRSD Approval of Standard be approved until landscape plans are submitted Landscape and approved. Plans 50. Grading. Grading for construction shall be done DSRSD On-going Standard with recycled water. 51. Irrigation Meters. Temporary potable irrigation DSRSD On-going Standard meters in areas with recycled water service shall only be allowed for cross-connection and coverage testing for a maximum of 14 calendar days. 52. Recycled Water Use Zone. The project is located DSRSD Approval of Standard within the District Recycled Water Use Zone (Od. Landscape 301), which calls for installation of recycled water Plans irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands Recycled water will be available as described in the DSRSD Water Master Plan Update, December 2005. Unless specifically exempted by the District Engineer, compliance with Ordinance 301, as may be amended or superseded, is required. The Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be in compliance with District's "Recycled Water Use Guidelines" and Department of Health Services Requirements for recycled water irrigation design. 53. Connections to Sanitary Sewer. If any trash DSRSD Final DSRSD enclosures or car wash areas are connected to the sanitary sewer, they must have a grease and sand trap, and the areas must be covered to prevent the entry of rainwater 11 of 12 PASSED, APPROVED AND ADOPTED this 12th day of July 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G PA120161PLPA-2016-00029 Pet Smart CUPPC Meeting 712 16PC Reso PetSmart CUP.doe 12 of 12