HomeMy WebLinkAboutPC Reso04-32 PA03-048 Recycle Kiosk CUP/Sign SDR RESOLUTION NO. 04 - 32
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT,
SITE DEVELOPMENT REVIEW, AND SIGN SITE DEVELOPMENT REVIEW FOR TOMRA
RECYCLING KIOSK, LOCATED AT 7333 REGIONAL STREET, PA 03-048
WHEREAS, TOMRA Pacific, Inc., has submitted a request for Planning Commission approval
for a Conditional Use Permit, Site Development Review, and Master Sign Program for a small recycling
center kiosk at 7333 Regional Street in the Retail Commercial (C-l) Zoning District; and
WHEREAS, the Planning Commission did hold a public hearing on the Conditional Use Permit,
Site Development Review and Sign Site Development Review on April 27, 2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and determined
to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section
15303, because the project is a small structure on a developed parcel, in a district zoned for such use, not
involving hazardous substances, and with all necessary public services, and the surrounding area is not
environmentally sensitive; and
WHEREAS, the Staff Report was submitted recommending Planning Commission approval of a
resolution approving the Conditional Use Permit, Site Development Review, and Sign Site Development
Review; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby make the following findings and determinations regarding said proposed Conditional Use Permit,
Site Development Review and Sign Site Development Review:
The Proposed Conditional Use Permit meets the purpose and intent of Chapter 8.100 of the
Zoning Ordinance because the project will be compatible with other land uses, transportation and
service facilities in the vicinity as the recycling kiosk is small in size, its use will be incidental to
other uses, and its location is unobtrusive to traffic and circulation in the shopping center; and
The proposed use is consistent with the general provisions, intent, and purpose of the Conditional
Use Permit provisions of the Zoning Ordinance in that it contains all information required by
Chapter 8.100 of the Zoning Ordinance and accomplishes the objectives of Chapter 8.100, A
through H, of the Zoning Ordinance; and
3. The subject site is physically suitable for the type and intensity of the development being proposed
because it is located within a developed downtown area and a retail shopping center, and because
it is located adjacent to roadways which are designed to carry the minimal traffic that would be
generated by the proposed type of use; and
The Site Development Review and Sign Site Development Review meets the purpose and intent
of Chapter 8.104 of the Zoning Ordinance because they will promote orderly, attractive and
harmonious site, sign and structural development compatible with surrounding properties and
neighborhoods because, as conditioned, the building orientation, signage and landscaping of the
site layout will create visual interest and provide a convenient location for recycling to help the
City and State achieve recycling goals; and
o
The Site Development Review is consistent with the general provisions, intent, and purpose of the
Site Development Review provisions of the Zoning Ordinance in that it contains all information
required by Chapter 8.104 of the Zoning Ordinance and accomplishes the objectives of Chapter
8.104, A through J, of the Zoning Ordinance and the signage is appropriate as proposed and
allowed pursuant to Master Sign Program PA S-397 as it will serve a public good by identifying a
recycling location in accordance with City and State recycling goals; and
Architectural considerations, including the character, scale, and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors, screening
of exterior appurtenances, exterior lighting and similar elements have been incorporated into the
project and as conditions of approval in order to insure compatibility of this development with the
development's design concept and the character of adjacent buildings, neighborhoods, and uses;
and
7. Landscape considerations have been incorporated to ensure visual relief and an attractive
environment for the public; and
The proposed project 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 because the project has
been reviewed for compliance with City laws and regulations and will be reviewed for compliance
with City Building Code regulations; and
The proposed Conditional Use Permit, Site Development Review, and Sign Site Development
Review are consistent with the Retail/Office designation of the Dublin General Plan and the
proposed development standards are permitted by said designation.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
approve the Conditional Use Permit, Site Development Review, and Sign Site Development Review for
PA 03-048, as shown on Attachment 2, subject to the attached 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 use, and shall be subject to Department of Community Development review and
approval. The following codes represent those departments/agencies responsible for monitoring compliance
of the conditions of approval: [ADM] Administration/City Attorney, [BI Building Division of the
Community Development Department, [DSR] Dublin San Ramon Services District, [F] Alameda County Fire
Department/City of Dublin Fire Prevention, [FIN] Finance Department, [PL] Planning Division of the
Community Development Department, [PO] Police, [PW] Public works Department.
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
GENERAL CONDITIONS
1. Approval. This Conditional Use Pemfit and Site Development Review PL Ongoing Standard
approval for TOMRA RePlanet, PA03-048, establishes the use, detailed
design concepts and regulations for the recycling center kiosk project at
7333 Regional Street. Development pursuant to this Conditional Use
Permit and Site Development Review is conditioned upon the
requirement that the development be consistent with the C-1 Zoning
District and shall generally conform to the Architectural Plans drawn by
JRM and stamped by Kjell A. Bo, dated received August 1, 2003; and
schematic drawings prepared by TOMRA Pacific, dated received August
1, 2003, unless modified by the Conditions of Approval contained herein.
2. Standard Public Works and Site Development Review Conditions PW On-going PW
of Approval. Applicant/Developer shall comply with all applicable
City of Dublin Standard Public Works Conditions of Approval.
3. Term. Pursuant to Section 8.96.020.D., approval of the Conditional Use PL On-going Zoning
Permit and Site Development Review shall be valid for one year from Ordinance
effective date. If construction has not commenced by that time or
extended per the following means, this approval shall be null and void.
The approval period for Conditional Use Permit and Site Development
Review may be extended six (6) additional months by the Director of
Community Development upon determination that the Conditions of
Approval remain adequate to assure that the above stated findings will
continue to be met. Applicant/Developer must submit a written request
for the extension prior to the expiration date of the Site Development
review.
4. Revocation. The CUP and SDR will be revocable for cause in PL On-going Zoning
accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Ordinance
Any violation of the terms or conditions of this approval shall be
subject to citation, and if non-compliance continues, potential
revocation.
5. Fees. Applicant/Developer shall pay all applicable fees in effect at the FIN Prior to Municipal
time of building permit issuance, including, but not limited to: Planning issuance of Code
fees; Building fees; Dublin San Ramon Services District fees; Public Building
Facilities fees; Dublin Unified School District School Impact fees; Permits
Public Works Traffic fees; Alameda County Fire Services fees; Noise
Mitigation fees; Alameda County Flood and Water Conservation
District (Zone 7) Drainage and Water Connection fees; and any other
fees as noted in the Development Agreement. Unissued building
permits subsequent to new or revised TIF's shall be subject to
recalculation and assessment of the fair share of the new or revised
fees. If the Development Agreement approved for this project conflicts
with this condition, the Development Agreement shall prevail.
6. Required Permits. Applicant/Developer shall obtain all necessary PL, PW, B Prior to State and
applicable permits required by other agencies including, but not limited issuance of Regional
to, Alameda County Public Works, Alameda County Flood Control Building Agencies
District (Zone 7); California Department of Fish and Game; Army Permits
Corps of Engineers; and State Water Quality Control Board, and shall
submit copies of the permits to the Department of Public Works.
Applicant/Developer shall also apply, pay all required fees and obtain
permits from PG&E for power service connection required to energize
traffic signals and streetlights.
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
7. Hold Harmless/Indemnification. Applicant/Developer, and any Applicant On-going Standard
parties or individuals granted rights-of-entry by Applicant/Developer,
shall defend, indemnify, and hold harmless the City of 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,
Director of Community Development, Zoning Administrator, or any
other department, committee, or agency of the City concerning a
subdivision or other development which actions are brought within the
time period provided for in Government Code Section 66499.37.
8. Clarifications and Changes to the Conditions. In the event that there PL On-going Standard
needs to be clarification to these conditions of approval, the Directors
of Community Development and Public Works have the authority to
clarify the intent of these conditions of approval to the
Applicant/Developer by a written document signed by the Director of
Community Development and the City Engineer and placed in the
project file, also have the authority to make minor modifications to
these conditions in order for the Applicant/Developer to fulfill needed
improvements or mitigations resulting from impacts to this project.
9. Loading and Unloading of Trucks. The Applicant/Developer shall PL On-going Standard
limit loading and unloading of trucks to two times a month and shall
coordinate loading and unloading with hours of operation and
deliveries of the surrounding businesses to avoid conflicting with
parking and circulation in the shopping center.
10. Non-Residential Security Ordinance. The Applicant/Developer shall PO On-going Standard-
comply with all applicable City of Dublin Non Residential Security
Ordir~ance requirements to the satisfaction of the Police Department,
including:
· Addressing shall be visible from the approaches to the building.
· The Applicant shall keep the site clear of graffiti vandalism on a
regular and continuous basis at all times.
· The Applicant shall work with the Dublin Police on an ongoing
basis to establish an effective theft prevention and security
program.
· The Applicant shall keep the site clear of refuse on a regular and
continuous basis.
SIGN/SITE DEVELOPMENT REVIEW CONDITIONS;
11. Sign Regulations. The Applicant/Developer shall comply with signage PL, PW On-going Standard
regulations, pursuant to Chapter 8.84 of the Dublin Zoning Ordinance.
12. Landscaping. The Applicant/Developer shall plant 15 "Terri PL Prior to Standard
Escallonia" shrubs (5 gallon size) in the existing landscape area, spaced Completion
every three feet on center, adjacent to the structure.
13. Building Codes and Ordinances. All project construction shall B Through Standard
conform to all building codes and ordinances in effect at the time of Completion
building permit.
14. Building Permits. To apply for building permits, Applicant/Developer B Issuance of Standard
shall submit five (5) sets of construction plans to the Building Division Building
for plan check. Each set of plans shall have attached an annotated copy Permits
of these Conditions of Approval. The notations shall clearly indicate
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
how ali Conditions of Approval will or have been complied with.
Construction plans will not be accepted without the annotated
resolutions attached to each set of plans. Applicant/Developer will be
responsible for obtaining the approvals of all participation non-City
agencies prior to the issuance of building permits.
15. Construction Drawings. Construction plans shall be fully B, PL, PW On-going Standard
dimensioned (including building elevations) accurately drawn
(depicting all existing and proposed conditions on site), and prepared
and signed by a California licensed Architect or Engineer. All
structural calculations shall be prepared and signed by a California
licensed Architect or Engineer. The site plan, landscape plan and
details shall be consistent with each other. (Prior to issuance of
building permits). The Applicant shall provide details for power
requirements and hook-up and provide details for water requirements
and source hook-up.
16. Temporary Fencing. Temporary Construction fencing shall be B, PL, PW Through Standard
installed along perimeter of all work under construction. Completion
PASSED, APPROVED AND ADOPTED this 27th day of April, 2004.
Cm. Fasulkey, Jennings, King, and Machtmes
AYES:
NOES:
ABSENT:
ABSTAIN:
Nassar
ATTEST:
'Planning c6m~ission,C/~e'i~6n
G:\PA#L2003\03-048 Tomra RecyclingLPC Reso.doc