HomeMy WebLinkAbout5.1 Att 1 PC Reso Whole Foods CUP RESOLUTION NO. 16-__
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR "RETAIL — OUTDOOR STORAGE" AT
AN EXISTING RETAIL STORE AT 5200 DUBLIN BOULEVARD (WHOLE FOODS MARKET)
PLPA-2016-00040
WHEREAS, the Applicant, Allen Culp of Whole Foods Market, has submitted an
application for a Conditional Use Permit to allow permanent outdoor display (Retail — Outdoor
Storage) at 5200 Dublin Boulevard within a portion of Persimmon Place; and
WHEREAS, Whole Foods Market, a retail store, is located on a parcel that has a General
Plan Land Use Designation of General Commercial/Campus Office and is located in a Planned
Development (PD) Zoning District; and
WHEREAS, "Retail — Outdoor Storage" is the outdoor storage and sales of materials for
"Retail — General" Use Types and is subject to approval of a Conditional Use Permit by the
Planning Commission; and
WHEREAS, the Applicant submitted a complete application for a Conditional Use Permit
for "Retail — Outdoor Storage"; 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, pursuant to CEQA, the Conditional Use Permit for "Retail — Outdoor
Storage" for Whole Foods Market is exempt from CEQA pursuant to Section 15301 (Existing
Facilities); and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending approval of the Conditional Use Permit; and
WHEREAS, the Planning Commission held a public hearing on said application on
September 13, 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 application:
A. The proposed use and any related structure is compatible with other land uses,
transportation and service facilities in the vicinity in that: 1) the Project is compatible with
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the existing retail store which is a permitted use in the Planned Development (PD) Zoning
District; 2) the outdoor display of merchandise is compatible with the existing retail sales;
and 3) existing transportation and services facilities are adequate to serve the retail store
and additional demand will not be placed on them with the establishment of outdoor
display of merchandise.
B. It 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 comply with all State of California and Dublin Municipal Code
requirements for accessibility to ensure that proper pedestrian access is maintained at all
times around the outdoor merchandise; and 2) the Project has been conditioned to store
all fragile merchandise and display items indoors after normal business hours to avoid
theft or vandalism of merchandise.
C. It will not be injurious to property or improvements in the neighborhood in that: 1) the
Project includes the placement of large bins for the display of fruits and vegetables and
other items which will enhance the retail shopping experience; and 2) the proposed
outdoor display is an extension of the existing retail establishment.
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 be located on a fully
developed site that is served by existing utilities and services; and 2) the Project will not
create a demand for additional utilities or services beyond that which already exists to
serve the retail store.
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 site contains a 40,000 square foot
attached building which is solely occupied by an existing retail store and the Project
compliments the retail store through the orderly and uniform outdoor display of the same
type of merchandise that is available inside the store; and 2) the proposed display area is
recessed against the storefront windows and is conducive for outdoor display of
merchandise while still providing adequate pedestrian access and circulation to the store.
F. It 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)
the Project supports an existing retail store and is compatible with the Planned
Development (PD) Zoning District in which it is located; and 2) adequate parking exists to
serve the Project in accordance with Chapter 8.76 (Off-Street Parking and Loading
Regulations).
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in
that: 1) the Project is an extension of an existing retail use which is consistent with the
General Commercial/Campus General Plan Land Use for the site; and 2) the Project is
consistent with the Planned Development Zoning which allows "Retail — Outdoor Storage"
as a conditionally permitted use.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
approve a Conditional Use Permit to allow permanent outdoor display (Retail — Outdoor
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Storage) at 5200 Dublin Boulevard (within a portion of Persimmon Place) as shown on the
project plans date stamped received by Dublin Planning on August 25, 2016 subject to the
following conditions:
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to establishment
of 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.
When
NO. CONDITIONS OF APPROVAL Agency Required, Source
Prior to:
GENERAL
1. Approval. This Conditional Use Permit approval PL On-going Planning
for PLPA-2016-00040 Whole Foods Outdoor
Display is to establish three outdoor display areas
as generally shown on the project plans attached
as Exhibit A, except as modified by the
Conditions of Approval contained herein. There
will be one large display area outside of the main
store front not to exceed approximately 27' x 8'
and two smaller displays located on either side of
eastern door not to exceed approximately 4' x 4'
each. The design of the display shall be as
depicted in the photograph attached as Exhibit B
or similar as determined by the Community
Development Director.
2. Permit Expiration. Construction or use shall PL One year DMC
commence within one (1) year of Permit approval, from Permit 8.96.020.
or the Permit shall lapse and become null and approval D
void. Commencement of construction or use
means the actual construction or use pursuant to
the permit approval, or demonstrating substantial
progress toward commencing such construction
or use.
3. Time Extension. The original approving decision- PL One year DMC
maker may, upon the Applicant's written request from Permit 8.96.020.
for an extension of approval prior to expiration, approval E
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
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period not to exceed 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.
4. Approval Period. This Conditional Use Permit PL On-going Planning
approval shall be null and void in the event the
approved use and/or structures cease to operate
for a continuous one-year period. _ —
5. Annual Review. On an annual basis, this PL On-going Planning
Conditional Use Permit approval may be subject
to review by the Community Development
Department to determine compliance with the
Conditions of Approval.
6. Revocation. This Permit shall be revocable for PL On-going DMC
cause in accordance with Dublin Zoning 8.96.020.1
Ordinance Section 8.96.020.1 (Revocation). Any
violation of the terms of the terms and conditions
of this Permit may be subject to the issuance of a
citation.
7. Minor Amendments. Modifications or changes PL On-going DMC
to this approval may be considered and approved 8.100.080
by the Community Development Director if the
modifications or changes proposed comply with
Section 8.100.080 (Amendments) of the Zoning
Ordinance.
8. Clarifications and Changes to the Conditions. PL On-going Planning
In the event that there needs to be clarification to
these Conditions of Approval, the Community
Development Director has the authority to clarify
the intent of these Conditions of Approval. Any
clarification to these Conditions of Approval shall
be documented in writing, signed by the
Community Development Director and placed in
the project file. The Community Development
Director also has the authority to make minor
modifications to these Conditions of Approval
without going to a Public Hearing in order for the
Applicant to fulfill the requirements of the Permit
approval.
9. Merchandise Storage. The Applicant/Tenant PO On-going Police
shall bring any fragile merchandise and display
items indoors during the hours that the store is
closed for business in order to avoid theft and
vandalism of merchandise or property.
10. Graffiti. The Applicant/Tenant shall keep the site PO On-going Police
clear of graffiti vandalism on a regular and
continuous basis at all times.
11. Theft Prevention and Security Program. The PO On-going Police
Applicant/Tenant shall work with Dublin Police on
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an on-going basis to establish an effective theft
prevention and security program.
12. Hold Harmless/Indemnification. The Applicant ADM On-going Admin./
shall defend, indemnify, and hold harmless the City
City of Dublin and its agents, officers, and Attorney
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's duty to so defend, indemnify, and
hold harmless shall be subject to the City's
promptly notifying the Applicant of any said claim,
action, or proceeding and the City's full
cooperation in the defense of such actions or
proceedings.
PLANNING
13. Outdoor Display. The display shall be limited to PL On-going Planning
those items indicative of seasonal merchandise
including, fruits and vegetables, Christmas trees,
flowers/garden items, and items of similar kind as
described in the written description attached as
Exhibit C. The display shall be attractive and
make use of high quality items at all times; at no
time shall the display fall into disrepair. The
display shall be limited to the prescribed
dimensions on the approved plans.
14. All Uses Conducted Indoors. Except as PL On-going Planning
otherwise approved as part of this Conditional &
Use Permit, or otherwise allowed under Chapter DMC
8.108 (Temporary Use Permit), all activities 8.108
associated with the business shall be conducted
indoors at all times. _
15. Sales Transactions. All sales transactions shall PL On-going Planning
be conducted inside the building.
16. Loudspeakers and/or Amplified Music. No PL On-going Planning
loudspeakers or amplified music shall be placed
or project outside of the building at any time.
17. Property Maintenance. The Applicant/Tenant PL On-going DMC
shall keep the property maintained in a safe, 5.64
clean, and litter-free condition at all times.
18. Nuisance. The Applicant/Tenant shall control all PL On-going Planning
activities on the project site so as not to create a
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nuisance to surrounding businesses and
residents.
19. Temporary Promotional Banners and PL On-going DMC
Balloons. The use of Temporary Promotional 8.84.050.
Banners and/or Balloons shall be subject to S
approval of a Zoning Clearance and compliance
with 8.84.050.S (Temporary Promotional Signs)
of the Dublin Zoning Ordinance.
20. Prohibited Signage. The use of any A-Frame, PL On-going DMC
Portable Sign, or Sandwich Board Sign, or any 8.84.150
other sign contained in Section 8.84.150
(Prohibited Signs) of the Dublin Zoning
Ordinance, is strictly prohibited.
Building
21. Building Codes and Ordinances. All project B Through Building
construction shall conform to all building codes Completion
and ordinances in effect at the time of building
permit.
22. Accessibility. The outdoor storage bins shall not B On-going Building
impede and/or violate any accessible code
requirements as mandated by the State of
California or the Dublin Municipal Code.
Fire
23. Exit. The exit path to public way shall be F On-going Fire
maintained at all times.
24. Fire Hydrants. Fire hydrants and appliances F On-going Fire
shall not be obstructed at any time.
25. Flammable and combustible liquids. No F On-going Fire
display of flammable/combustible liquids is
permitted in exterior egress path.
PASSED, APPROVED AND ADOPTED this 13th day of September 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
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Assistant Community Development Director
G.IPA120161PLPA-2016-00040 Whole Foods Outdoor Display CUPIPC Reso Whole Foods CUP does
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