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Home My WebLink About04-028 Goodwill Donation Ctr AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: AUGUST 10,2004 SUBJECT: PUBLIC HEARING - PA 04-028 Goodwill Donation Redemption Center Conditional Use Permit ,. fl/ Report prepared by: Andy Byde, Senior Planner '-\ A TT ACHMENTS: 1. Resolution approving a Conditional Use Permit for Goodwill Donation Redemption Center, subject to conditions of approval; 2. Resolution denying Conditional Use Permit for the Goodwill Donation Redemption Center (including Findings supporting denial); 3. Project Plans; 4. Statement of donations accepted; and 5. Applicant's Written Statement. RECOMMENDATION: 1. Open public hearing and hear Staff presentation 2. Take testimony from the Applicant and the public 3. Question Staff, Applicant and the public 4. Close public hearing and deliberate 5. Choose one of the following: a. Adopt Resolution (Attachment 1) approving a Conditional Use Permit for the for Goodwill Donation Redemption Center, subject to the conditions of approval; or b. Adopting a Resolution (Attachment 2) denying a Conditional Use Permit for the Goodwill Donation Redemption Center. PROJECT DESCRIPTION: The Applicant, Goodwill Industries, has submitted an application for a Conditional Use Permit for a donation center to be located at 7202 Regional Street within the retail center known as Almond Plaza. The total size of the tenant space the donation center is proposing to occupy is approximately 1,120 square feet, with approximately 240 square feet of customer serving area and 840 square feet (to be located behind a counter and partition) to be used for a storage and sorting area (see Attachment 3, floor plan). The Applicant anticipates approximately 800-900 donors per week. The donations would be accepted through the front door and sorted and stored in the rear portion of the building. The accepted donations would be transferred to a tractor-trailer parked in the rear of the building between once or twice a day, depending on the volume of the donations received. G:\PA#\2004\04-028 Goodwill CUPlPC-sr.doc COPIES TO: Applicant Property Owner PAFile Project Manager (7' I ITEM NO. 0 J . Goodwill indicated that the donation center would accept the following items: clothes; small electric appliances; toys; books; furniture; and housewares (see Attachment 4 and 5 for a description of donations accepted). The donation center would be open seven days a week and closed for major holìdays. The Center's hours of operation are proposed to be 9:00 a.m. to 8:00 p.m. The subject property is zoned C-l Retail Commercial Zoning District. Pursuant to the City's Zoning Ordinance, a donation center is defined as a Recycling Facility-Commercial (See Definitions, Chapter 8.08 of the Zoning Ordinance). The Recycling Facility-Commercial use type is permitted within the C-l zoning district, subject to the Planning Commission granting a Conditional Use Permit. The subject property is a tenant space located within Almond Plaza, which is approximately 51,000 square feet. Almond Plaza contains approximately 24 tenants with a mix of restaurant, retail, and service type tenants. Some of the tenants include Pasta Primavera, Wolf Camera, and Almond Plaza Dental Care. The tenant spaces range in size from 900 square feet to 4,500 square feet. Currently one vacancy exists within the Plaza. ANAL YSIS Current Donation Location Goodwill currently has a donation trailer located at Shamrock Village that was approved in June of 1990 by the Planning Commission by a Conditional Use Permit. The donation trailer is tractor-trailer that is 25- foot long and is open for receiving donations from 10:30 a.m. to 5:30 p.m., seven days a week. A Goodwill employee staffs the trailer during hours of operation. The Applicant has informed City Staff that the trailer will be removed from Shamrock Village on August 15,2004. Based upon research into the Code Enforcement Division files and speaking with Code Enforcement Staff, the donation trailer at Shamrock Village has been an on-going enforcement issue. While there has been active monitoring and maintenance of the trailer by Goodwill, the dumping of donated goods, especially furniture and mattresses, has been a particular problem over the years. Specifically, the dumping of donated goods occurs after hours, especially during weekends. Potential Nuisances: Goodwill is proposing to relocate within a tenant space (7202 Regional St.) adjacent to a plaza and walkway that connects to the rear/loading area of Almond Plaza. Given the history with illegal dumping at the current donation trailer, there is high likelihood for the illegal dumping to continue at this location. Additionally, given the proposed location of the donation center and its adjacency to the plaza/walkway area to the west and the fact that this donation center will accept furniture, Staff is concerned that the dumping will occur after hours at the rear of the building and within the plaza/walkway area. Should the Planning Commission approve the project, Staff is recommending the following conditions of project approval: install motion lighting within the plaza/walkway and the rear of the building; require all donations to be received through the front door of the tenant space; place a sign on the outside of the building which states that the placement of donations within the rear or side of the building is illegal. Additionally, conditions of approval are recommended within the draft Resolution for approval, which require the Applicant to control all on site activities, maintain the premises in a litter free condition, and clean the site prior to 9:00 a.m. each day. Parkin¡¿ Almond Plaza is laid out in a u-shape, with the buildings adjacent to the perimeter of the property lines. The Plaza contains approximately 245 parking spaces. The Zoning Ordinance parking requirement for a 2 Recycling Facility-Commercial is one parking space per 250 square feet of office plus 1 per 10,000 square feet of yard area. Based upon the layout of the tenant space and the anticipated use of the building, Staff determined the entire square footage would be used similar to an office space, therefore the entire square footage would be parked at 1 parking space per 250 square feet. To serve the current tenant mix of retail, restaurant, and office, Almond Plaza requires 245 parking spaces. Based upon the re-striping done in 1998 to accommodate the Pasta Primavera outdoor seating, the Plaza currently has 245 parking spaces. The previous tenant at 7202 Regional Street (the subject property) was a retail tenant, which required 1 parking space per 300 square feet (1,120/300= 3.73 or 4 parking spaces). Based upon a parking requirement of 1 parking space per 250, no additional parking would be required to accommodate the Goodwill Donation Center (1,1201250=4.48 or 4 parking spaces). Conditional Use Pennit Findin¡¿s The purpose of requiring a Conditional Use Permit for certain uses is to give the Planning Commission the opportunity to determine whether the proposed use is appropriate for the site. Issues that are commonly addressed include access to the site, land use compatibility, health and safety issues, and building/site design. The Planning Commission must make findings before a Conditional Use Permit may be approved to ensure the use meets compatibility and health and safety standards. The required findings are addressed in the context of the project in the Resolution for Approval in Attachment 1: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity. 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. C. The proposed use will not be injurious to property or improvements in the neighborhood. 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. £. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. F. The proposed use will not be contrary to the specific intent clauses, development regulations, or peifonnance standards established for the zoning district in which it is located. G. The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans. H. 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 to insure compatibility of this development with the character of adjacent buildings neighborhoods, and uses. If the Planning Commission chooses to deny the Conditional Use Permit, an alternative Resolution for Denial is contained in Attachment 2, including the Findings that must be made for the Conditional Use Permit to be denied. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the 3 California Environmental Quality Act guidelines. The project consists of a use within an existing fully improved private facility. RECOMMENDA TION: Staff recommends the Planning Commission open the public hearing; take testimony from the Applicant and public; question Staff, Applicant and the public; close the public hearing and deliberate; and choose one of the following: (a) Adopt a resolution (Attachment 1) approving a Conditional Use Permit for the for Goodwill Donation Redemption Center, subject to the conditions of approval; or (b) adopt a resolution (Attachment 2) denying a Conditional Use Permit for the Goodwill Donation Redemption Center. 4 GENERALINFO~ATION APPLICANT: PROPERTY OWNER: LOCATION: GENERAL PLAN DESIGNATION: EXISTING ZONING AND LAND USE: Craig Wilson Goodwill Industries of the Greater East Bay, Inc. 1301 30th Avenue Oakland, CA 94601-2208 Thomas Focey 1390 Willow Pace Road #220 Concord, CA 94520 7202 Regional Street Retail/Office Zoning: C-1 Retail Commerical Existing Land Use: Retail Shopping Center 5 RESOLUTION NO. 04-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 04-028 GOODWILL DONATION REDEMPTION CENTER CONDITIONAL USE PERMIT TO LOCATED WITIHIN A TENANT SPACE WITHIN THE ALMONED PLAZA LOCATED AT 7202 REGIONAL STREET WHEREAS, the Applicant, Craig Wilson has requested a Conditional Use Permit to establish a Recycling Facility-Commercial within an existing and improved tenant space, located within the shopping center known as the Almond Plaza. The tenant space is located within a 1,120 square foot tenant space located at 7202 Regional Street, in a C-1 Retail Commercial Zoning District; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on August 10,2004; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, me project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section 15301(a), Class 1; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used his independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find that: A. The proposed use is and related structures are compatible with other land uses, transportation and service facilities in the vicinity. Additionally, it has been conditioned to reduce any adverse effects and is in an existing commercial building fully improved for the use. B. The 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 because the proposed use will be adequately conditioned to ensure that the operation has had no recognizable negative impacts, and the proposed use will serve a public need by providing a recycling facility to residents. C. The use, under all circumstances and conditions of this permit, will not be injurious to property or improvements in the neighborhood because the proposed use will be adequately conditioned to ensure the site is adequately controlled and no liter occurs. Attachment 1 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 with implementation of the existing and the proposed conditions. The site is completely improved and serviced by all appropriate utilities and infrastructure. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed as it is operating within an improved tenant space in an existing shopping center and is compatible with the other uses in the center. F. The approval of this Conditional Use Permit is consistent with the Dublin General Plan and the Retail/Office Commercial land use designation on the site. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 04-028 Conditional Use Permit to permit the Goodwill Donation Redemption Center within a 1,120 square foot tenant space within Almond Plaza and further identified as 7202 Regional Street as generally depicted on Exhibit A, stamped approved and on file. The project approval shall be subject to compliance with the following conditions: 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 subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the Conditions of Approval: rpL.l Planning, rBl Building, rPOl Police, rPWl Public Works rADMl Administration/City Attorney, rFINl Finance, rFl Alameda County Fire Department, rDSRl Dublin San Ramon Services District, rCOl Alameda County Department of Environmental Health. 1. Outdoor Motion Sensitive Lighting. The Applicant shall place outdoor motion sensitive lighting within the plaza/walkway area to the west and the loading area to the north. The type and style of lighting shall be subject to review and approval by the Director of Community Development. [PL] 2. Hours of Operation. The minimum hours of operation shall be 9:00 a.m. to 8:00 p.m., seven days a week. Deviations from these hours shall be submitted to the Director of Community Development for consideration. 3. Access. The Applicant shall be responsible for ensuring that the access-way remain open and unobstructed at all times and that normal pedestrian traffic on the sidewalk shall not be impeded. [PL, B] 4. Commercial Vehicles. No commercial vehicles as defined by the zoning ordinance shall be placed on-site at any time, except for the express purpose of loading and un-loading of the donation center. 5. NoiselNuisances. The Applicant shall control all activities on the site so as not to create a nuisance to the existing or surrounding businesses. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. [PL, PO] 6. Use entirely within the tenant space. The use shall be operated entirely within the tenant space located at 7202 Regional Street. [PL] 7. Receiving Donations. All Donations shall be received through the front door of the tenant space. No donations shall be received through the back door or directly into a waiting trailerlcommercial 2 vehicle. 8. Loading Area Signage. Prior to the issuance of a building Permit the Applicant shall place signage within the loading area, which states that the placement of donations within the rear or side of the building is illegal, pursuant to Penal Code Section 374.3 and violators will be prosecuted. The size, design, and exact text of the sign shall be subject to review and approval by the Director of Community Development. [PL] 9. Maintenance. The Applicant shall be responsible for cleaning up and disposing of any and all trash and litter on-site and off-site that is generated by the use. All debris generated from overnight dumping shall be cleaned and placed indoors by 9:00 a.m. Prior to the close of business, the area surrounding the tenant space shall be cleaned of debris. [PL, PO] 10. Signs. Any signage on site shall be subject to the City's Sign Ordinance and the Master Sign Program in effect for Almond Plaza, including pedestrian signs. 11. Regulations And Ordinances. The Applicant shall comply with all applicable Planning, Building, Alameda County Fire Authority, and Police Department regulations and ordinances. [PL, B, F, PO] 12. Graffiti And Vandalism. The applicant shall keep the site clear of graffiti and vandalism on a regular and continuous basis at all times. [PO] 13. Site Emergency Response Card. A "Buisniess Site Emergency Response Card" shall be filed with the Police Department. [PO] 14. Annual review. On at least an annual basis, this Conditional Use Permit shall be subject to Zoning Investigator Review and determination as to compliance with the conditions of approval. [PL] 15. Disabled Parking. The existing disabled parking stalls within the parking field must be upgraded to conform to current California Building Code standards. Please paint the words "No Parking" in 12" high letters on the pavement within the access aisle, subject to review and approval by the Director of Public Works. [PW] 16. Accessibility. Prior to issuance of building permit, one 3' -0" access door is required for this tenant space. Additional the bathroom must be designed for accessibility. [B] 17. KNOX Box. To allow emergency access to the building, a KNOX box shall be installed at the main entry. [F] 18. Addresses. Approved numbers or addresses shall be placed on the tenant space. [F] 19. Fire Extinguishers. Provide 2AlOBC rated fire extinguishers in locations approyed by the Fire Department. Provide an approved sign in accordance with Uniform Fire Code. It shall be conspicuously posted above the fire extinguisher. [F] 20. Uniform Building and Fire Code. The project shall comply with Uniform Building and Fire Code as adopted by the City of Dublin. [F] 21. Permit Revocable. This permit shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this use permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 10th day of August 2004. A YES: 3 NOES: ABSENT: ATTEST: Planning Manager G:\PA#\2004\04-028 Goodwill CUP\PC CUP reso.doc Planning Commission Chairperson 4 RESOLUTION NO. 04- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING PA 04-028 GOODWILL DONATION REDEMPTION CENTER CONDITIONAL USE PERMIT TO LOCATED WITIHIN A TENANT SPACE WITHIN THE ALMONED PLAZA LOCATED AT 7202 REGIONAL STREET WHEREAS, the Applicant, Craig Wilson has requested a Conditional Use Permit to establish a Recycling Facility-Commercial within an existing and improved tenant space, located within the shopping center known as the Almond Plaza. The tenant space is located within a 1,120 square foot tenant space located at 7202 Regional Street, in a C-1 Retail Commercial Zoning District; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on August 10, 2004; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section 15301(a), Class 1; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used his independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is not appropriate for the subject site and the use should not be approved. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find that: A. The proposed use and related structures are not compatible with other land uses, transportation and service facilities in the vicinity as it is in a viable retail commercial building in an established shopping center which is not an appropriate location for a Recycling Center-Commercial due to the associated problems with a Recycling Center, such as illegal dumping and the generation of debris. B. The use could 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 during the past 14 years the previous donation center has shown to be associated with illegal dumping and the generation of debris, which would create recognizable negative impacts. Additionally, trash, debris, and used material associated with the donation center could harbor pests, vermin, and disease. C. The use, under all circumstances and conditions of this permit, would be injurious to property or improvements in the neighborhood because the site is adjacent to other commercial uses that ATT ACHMENT 2 provide retail services and support other businesses, unlike the proposed use, which is a recycling center and is not compatible with the other uses in the Almond Plaza. 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 with implementation of the existing and the proposed conditions, but the proposed use is not compatible with the permanent retail service uses in the shopping center. E. The subject site is not physically suitable for the type, density and intensity of the use and related structures being proposed as it is operating within an improved retail tenant space in an existing retail commercial shopping center. F. The approval of this Conditional Use Permit is inconsistent with the intended uses allowed under the Dublin General Plan and the Retail/Office Commercial land use designation on the site. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny PA 04-028 Conditional Use Permit for Goodwill Donation Redemption Center as generally depicted on Exhibit A. The application is hereby DENIED this 10th day of August 2004. A YES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Manager G:\PA#\2004\04-028 Goodwill CUP\PC CUPext denial reso.doc 2 ~ I( 0_1 :¡:: N~ C> -- m~ 7200 ~ o~ o~ ~ o~ ~ ~ N ON .þ. eng "\ ~ N .... 0 .þ. ~ N .... en ~ N .... 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The sale of donations in our Goodwill Stores is the primary source offunding for Goodwill's training programs for people with vocational disabilities. Sometimes we must decline a donation. Goodwill would like to accept all donations. Unfortunately, some items cost more to handle or repair than we can sell them for in our Goodwill stores. When you donate to Goodwi.1L consider, "Would I give this item to a friend or relative?" If the answer is yes, it is likely Goodwill can resell it to support our training programs. Donations must be clean, not soiled, no missing pieces or parts, no rips, tears, or discoloration. These items are very much in demand by Goodwill shoppers: · Gently used clothing and shoes for me~ wome~ and children; · Housewares; · Toys and books; · Small appliances in working condition; · VCR's, radios, stereo's, CD-DVD players, cell phones, and car phones that are all in working condition Goodwill must say "No thank you" to: · Televisions, Microwaves · Infant car seats/ Cribs · Hot water heaters · All automotive products · Bicycle parts · Food items and Magazines · CRT's (monitors) & Non-working electrical equipment · Chemicals, oils, toxic materials, pesticides · Mattresses, box springs, and bed pillows · Office furniture, waterbeds · All building materials · Venetian blinds, or shutters · Gas powered yard tools · Pianos/Organs We cannot accept your donation because: o ITEM WILL NOT LIKELY SALE o SOILED o NOT FUNCTIONAL o EXCESSIVELY WORN o TEARS OR RIPS o BROKEN PIECES o UNSAFE o DISCOLORED o NEEDS REPAIR o NOT COMPLETE GOODWILL PERSONNEL SIGNATURE DATE Any questions, please call Donation Services Manager @1-888-4GOODWILL ATTACHMENT Y " Written statement for submission of Conditional Use Permit This is a business that uses a retail store as a Donation Redemption Center for the purpose of receiving donated goods from the local community citizen's in order to support a non-profit organization. This Donation Redemption Center will operate seven days a week, closed only for major holidays, with 2-3 employees per day working, starting work @ 8:00am. The Redemption Center will be open for donors to drop off their donation starting @ 9:00am & closing @ 8:00pm. We anticipate that there will be approximately 800 - 900 donors per week using this community service. The space that we are going to lease is approximately 1240 sq. ft. Donations will be brought into the store front by the donor or one of our donation attendants. The donation will be sorted into what is referred in the industry as Textile Bins & Totes. The size of the Textile Bin is 48"x29"x60 with a 6" rolling caster, and the size of the tote is 27"x18'xI3" which is a stackable unit. This equipment can store a vast amount of donations. The area designated in the redemption store will house approximately 12 of these textile bins & approximately 80 totes. There will be at least one if not two clean-outs of this redemption center daily, depending on the flow of donations. This clean-out will consist of a tractor-trailer stopping at the back door of the facility and exchanging empty equipment for loaded equipment. The time involved for this is approximately 30 minutes. There is ample room for this operation. We will also accept certain types of furniture that will be brought into the store front through the use of furniture dollies. This type of business brings also to the local business community potential business customers for the surrounding business area, and there should be no negative impacts for surrounding area in regards to safety & health and welfare. The immediate business location will be cleaned & monitored at least twice daily during non-operating hours for any unwanted donation's left. We believe that there will be no need for any improvements for parking, as this center has ample parking (230), and that this property is not located on a hazardous waste/substances site. This application should be approved based on the community demand & need to participate in a community based non-profit organization, and the fact that we have been in operation (retail) in the City of Dublin for over 20 years. We are a part of the community. ATTACHMENT {)