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HomeMy WebLinkAboutReso 028-88 Goodwill CUP DeniedRESOLUTION NO. 28-88 A RESOLUTION OF THE DUBLIN CITY COUNCIL OF THE CITY OF DUBLIN UPHOLDING THE PLANNING COMMISSION'S ACTION DENYING PA 87-174 GOODWILL INDUSTRIES DONATION STATION - CONDITIONAL USE PERMIT REQUEST FOR A 25-FOOT LONG TRUCK TRAILER LOCATED IN THE HOWARD JOHNSON'S HOTEL SITE PARKING LOT AT 6680 REGIONAL STREET WHEREAS, Anthony Cossette, representing Goodwill Industries, filed an application for a Conditional Use Permit to locate a 25-foot long truck trailer for a donation station in the Howard Johnson's Hotel site located at 6680 Regional Street; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission held a public hearing on said application on January 18, 1988; and WHEREAS, a Staff Report was submitted recommending the application be denied; and WHEREAS, on January 18, 1988, after hearing and considering all said reports, recommendations, and testimony as hereinabove set forth, the Planning Commission denied PA 87-174 Goodwill Industries Conditional Use Permit request to operate a Goodwill donation station in the parking lot of the Howard Johnson Hotel site located at 6680 Regional Street; and WHEREAS, on January 27, 1988, Goodwill Industries appealed the Planning Commission's January 18, 1988 action; and WHEREAS, on February 22, 1988, the City Council held a public hearing to consider said appeal; and WHEREAS, proper notice of said Public Hearing was given as required by law; and WHEREAS, the City Council heard and considered all reports, recommendation and testimony as hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find: The use is not required by the public need at the proposed location in that a Goodwill Donation Station would serve the public more appropriately on an industrial or retail commercial site, more so than on a site that contains a hotel and restaurant. The use is inappropriate for the site in that a Goodwill Donation Station does not properly relate to the hotel and restaurant activities on the subject property. The use, if permitted under all circumstances and conditions of this particular case, would materially affect adversely the health or safety of persons residing or working in the vicinity, would be materially detrimental to the public welfare, would be injurious to property or improvements in the area, all because the proposed land use mix would be inappropriate for the site. The use will be contrary to the specific intent, clause or performance standards of the Downtown Dublin Specific Plan in that: The project does not improve the visual appearance of the downtown area. The project does not provide landscaping as a buffer nor as an attractive urban design feature. The project does not improve relationships between land uses in the area. Retail, hotel and commercial recreational land uses are encouraged in Zone 2 of the Downtown Dublin Specific Plan. The proposed donation station does not fit into either of these land use categories. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby uphold the Planning Commission's action denying PA 87-174, Goodwill Industries Conditional Use Permit request to operate a Goodwill donation station in the parking lot of the Howard Johnson Hotel site located at 6680 Regional Street. PASSED, APPROVED AND ADOPTED this 22nd day of February, 1988. AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None ATTEST: -2-