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5.1 PCSR Whole Foods CUP
orb zirt("0.40: .1 STAFF REPORT \— —�eZ PLANNING COMMISSION Qttre0Q DATE: September 13, 2016 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2016-00040 Whole Foods Outdoor Display Conditional Use Permit Prepared by Robert Paley, Assistant Planner EXECUTIVE SUMMARY: The Applicant is requesting a Conditional Use Permit to allow permanent Outdoor Display at an existing retail store at 5200 Dublin Boulevard (Whole Foods) 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 for "Retail — Outdoor Storage" at an existing retail store at 5200 Dublin Boulevard (Whole Foods). Submitted By viewed By Assistant Planner Assistant Community Development Director COPIES TO: Applicant File C� ITEM NO.: �-+. Page 1 of 5 G WAI20161PLPA-2016-00040 Whole Foods Outdoor Display CUPPCSR Whole Foods CUP docx DESCRIPTION: Figure 1: Project Vicinity 1 The project site is located at 5200 i I ° 1 ,Dublin Blvd, between Arnold Rd. and Hacienda Dr. to the West and East, HomeGoods and between Dublin Blvd. and e tl perdsimvmnm on Pl Racack e Q Whole Foods Market Pers H Martinelli Way to the North and South, respectively, in the shopping center O Persimmon Place known as Persimmon Place (Figure 1). Whole Foods Market anchors The Habit Burger Grill ,i it P tc Catch Persimmon Place with a 40,000 Urban Plates .1 square foot building that shares the with a variety of retail, service, Project Site and restaurant uses. Access to Persimmon Place is provided from multiple driveways on Dublin Boulevard, Arnold Rd., Hacienda Dr. and Martinelli Way. The project site has a General Plan Land Use Designation of General Commercial and is located in a Planned Development (PD ORD 11-13) Zoning District that supports General Commercial (C-2) uses. The outdoor display, storage and sales of materials for a retail use ("Retail — Outdoor Storage") is subject to approval of a Conditional Use Permit by the Planning Commission. The applicant, Whole Foods Market, is currently requesting approval of a Conditional Use Permit for outdoor display near the entrance to the store. ANALYSIS: The Applicant, Whole Foods Market, would like to be able to display merchandise in the front of their store. As a retail grocery establishment, Whole Foods Market is permitted to have an outdoor display of merchandise pursuant to a Conditional Use Permit. The Conditional Use Permit enables the City to place Conditions of Approval on the project to ensure that the operating characteristics are compatible with surrounding uses. Figure 2: Whole Foods Outdoor Display -din i i R1$ICwooshnetm fQ7 n/ r +f h' el �� ` y ■r° ��, t ii„.; - rvlj l 11 10 i '�' n'w a o 1,R' f :I Il ® aw'+.�.ar' . t South Elevation-Sul 1116-=1'-0- The applicant has indicated that the use of an outdoor display area in the front of the store will better serve customers, create an attractive marketplace environment inside and out, and will be a benefit to the community as it inspires foot traffic to and from neighbonng shops and business. The applicant has also indicated that the display areas will showcase merchandise items for purchase inside of the store. The displays will largely reflect seasonal items including but not 2 of 5 limited to fruits and vegetables, Christmas trees, flowers/garden items, and items of similar kind. Smaller items such as fruit and vegetables may be kept in bins as shown in Exhibit B to Attachment 1, or may be free standing 3. Whole Foods Outdoor Display Attot ing for larger items such as a limited display of Christmas Trees. The merchandise display area depicted in Figures 2 and 3 would be large enough to accommodate the desired retail arrangements while maintaining a walkway that is 7 feet wide for the large display area and 11 feet wide for the two smaller display areas. Exhibit A to Whole Foods Market Attachment 1 is a site plan that illustrates a close up of the permitted outdoor display area. Entry Door I E1"Door Conditions of Approval (COAs) have been placed on the project to ensure a safe and attractive i i i I display environment (Attachment 1). The key conditions pertain to T restricting the outdoor display to 127'x 8'Display I Ia,xa'Display Areas the area noted on the approved site plan (COA no. 1), requiring that outdoor display be maintained at all times, in good repair, and attractive (COA no. 13), and requiring that safe pedestrian access be provided on the sidewalk at all times (COA no. 20). ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Conditional Use Permit to allow permanent Outdoor Display at Concord Feed be found exempt from CEQA pursuant to Section 15301 (Existing Facilities). CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN, AND ZONING ORDINANCE: The project site is designated General Commercial/Campus Office in the General Plan and Eastern Dublin Specific Plan. The project site is located in a Planned Development Zoning District. The existing market and the proposed outdoor display is consistent with the General Plan, Eastern Dublin Specific Plan, and Zoning Ordinance. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services, and Dublin San Ramon Services District have reviewed the project and provided Conditions of Approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. 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. The 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 comments regarding the Project. A copy of this Staff Report was provided to the Applicant. 3 of 5 ATTACHMENTS: 1) Resolution approving a Conditional Use Permit for "Retail — Outdoor Storage" at an existing retail store at 5200 Dublin Boulevard (Whole Foods Market), with the approved Site Plan attached as Exhibit A, example image of display attached as Exhibit B, and written statement attached as Exhibit C. 4 of 5 GENERAL INFORMATION: APPLICANT: Allen Culp, Whole Foods Market, 5200 Dublin Blvd. Dublin, CA 94568 PROPERTY OWNER: Regency Centers, 2999 Oak Road Suite 1000, Walnut Cree, CA 94597 LOCATION: 7120 Dublin Boulevard ASSESSORS PARCEL NUMBER: APN 986-0033-013-00 GENERAL PLAN LAND USE DESIGNATION: General Commercial/Campus Office SPECIFIC PLAN LAND USE DESIGNATION: East Dublin Specific Plan SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Campus Office Office South PD General Commercial Vacant Shops, Retail, Restaurants, East PD General Commercial Hotel West PD Campus Office J Vacant 5 of 5 C OF'✓ ax2 STAFF REPORT PLANNING COMMISSION S DATE: September 13, 2016 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2016-00040 Whole Foods Outdoor Display Conditional Use Permit Prepared by Robert Paley, Assistant Planner EXECUTIVE SUMMARY: The Applicant is requesting a Conditional Use Permit to allow permanent Outdoor Display at an existing retail store at 5200 Dublin Boulevard (Whole Foods) 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 for "Retail — Outdoor Storage" at an existing retail store at 5200 Dublin Boulevard (Whole Foods). Submitted By viewed By Assistant Planner Assistant Community Development Director COPIES TO: Applicant File ITEM NO.: 5. ) Page 1 of 5 G:IPA120161PLPA-2016-00040 Whole Foods Outdoor Display CUPIPCSR Whole Foods CUP.docx DESCRIPTION: Figure 1: Project Vicinity 1 The project site is located at 5200 { Dublin Blvd, between Arnold Rd. and Hacienda Dr. to the West and East, ' HomeGoods y and between Dublin Blvd. and lh is Nordstrom Rack Whole F oods Market Q Persimmon Place • Martinelli Way to the North and South, o respectively, in the shopping center O Persimmon Place l known as Persimmon Place (Figure 1). Whole Foods Market anchors The Habit Burger Grill it Y9 P is Catch Persimmon Place with a 40,000 Urban Plates '11 0 square foot building that shares the Martinelli Way S center with a variety of retail, service, Project Site 0 and restaurant uses. Access to Persimmon Place is provided from multiple driveways on Dublin Boulevard, Arnold Rd., Hacienda Dr. and Martinelli Way. The project site has a General Plan Land Use Designation of General Commercial and is located in a Planned Development (PD ORD 11-13) Zoning District that supports General Commercial (C-2) uses. The outdoor display, storage and sales of materials for a retail use ("Retail — Outdoor Storage") is subject to approval of a Conditional Use Permit by the Planning Commission. The applicant, Whole Foods Market, is currently requesting approval of a Conditional Use Permit for outdoor display near the entrance to the store. ANALYSIS: The Applicant, Whole Foods Market, would like to be able to display merchandise in the front of their store. As a retail grocery establishment, Whole Foods Market is permitted to have an outdoor display of merchandise pursuant to a Conditional Use Permit. The Conditional Use Permit enables the City to place Conditions of Approval on the project to ensure that the operating characteristics are compatible with surrounding uses. Figure 2: Whole Foods Outdoor Display _ _ _ -_- - _ I- - - ,4.]#'�' 5 IC 5'' e'-/IN- 10.5' _ _ "J 5. :, Wlibli FOODS MARKET-� 1"-'1=1•74::::;i:::,1.,- \ —F _1+T © s::"" v± 1 .1 0 .J t fY •,� '. � ‘:�ivi'7.*'d• ��1�� i c .r..`X • j 51 \ VII ° i` ' { J Pi —'--.:4.0:•4. C x- ' ill_ 4 6• r' °41! tg~T` ).�l�Pi i:_ ii c.:.--.--_-,:- . � �! T1F.. i ice � -I hSouth Elevation-Scale:1/16"=11'-0" The applicant has indicated that the use of an outdoor display area in the front of the store will I better serve customers, create an attractive marketplace environment inside and out, and will be a benefit to the community as it inspires foot traffic to and from neighboring shops and business. The applicant has also indicated that the display areas will showcase merchandise items for purchase inside of the store. The displays will largely reflect seasonal items including but not 2 of 5 limited to fruits and vegetables, Christmas trees, flowers/garden items, and items of similar kind. Smaller items such as fruit and vegetables may be kept in bins as shown in Exhibit B to Attachment 1, or may be free Figure 3: Whole Foods Outdoor Display standing for larger items such as a limited display of Christmas Trees. The merchandise display area depicted in Figures 2 and 3 would be large enough to accommodate the desired retail arrangements while maintaining a walkway that is 7 feet wide for the large display area and 11 feet wide for the two smaller display areas. Exhibit A to Whole Foods Market Attachment 1 is a site plan that illustrates a close up of the permitted outdoor display area. Entry Door Entry Door Conditions of Approval (COAs) have been placed on the project to ensure a safe and attractive display environment (Attachment T 1). The key conditions pertain to restricting the outdoor display to 127'x 8' Display I4'x4' Display Areas) the area noted on the approved site plan (COA no. 1), requiring that outdoor display be maintained at all times, in good repair, and attractive (COA no. 13), and requiring that safe pedestrian access be provided on the sidewalk at all times (COA no. 20). ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Conditional Use Permit to allow permanent Outdoor Display at Concord Feed be found exempt from CEQA pursuant to Section 15301 (Existing Facilities). CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN, AND ZONING ORDINANCE: The project site is designated General Commercial/Campus Office in the General Plan and Eastern Dublin Specific Plan. The project site is located in a Planned Development Zoning District. The existing market and the proposed outdoor display is consistent with the General Plan, Eastern Dublin Specific Plan, and Zoning Ordinance. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services, and Dublin San Ramon Services District have reviewed the project and provided Conditions of Approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. 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. The 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 comments regarding the Project. A copy of this Staff Report was provided to the Applicant. 3 of 5 ATTACHMENTS: 1) Resolution approving a Conditional Use Permit for "Retail — Outdoor Storage" at an existing retail store at 5200 Dublin Boulevard (Whole Foods Market), with the approved Site Plan attached as Exhibit A, example image of display attached as Exhibit B, and written statement attached as Exhibit C. 4 of 5 GENERAL INFORMATION: APPLICANT: Allen Culp, Whole Foods Market, 5200 Dublin Blvd. Dublin, CA 94568 PROPERTY OWNER: Regency Centers, 2999 Oak Road Suite 1000, Walnut Cree, CA 94597 LOCATION: 7120 Dublin Boulevard ASSESSORS PARCEL NUMBER: APN 986-0033-013-00 GENERAL PLAN LAND USE DESIGNATION: General Commercial/Campus Office SPECIFIC PLAN LAND USE DESIGNATION: East Dublin Specific Plan SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Campus Office Office South PD General Commercial Vacant East PD General Commercial Shops, Retail, Restaurants, Hotel West PD Campus Office Vacant 5 of 5 11■1011►