HomeMy WebLinkAbout5.1 Lucky Supermarket Outdoor Display CUP (PLPA-2018-00025)Page 1 of 4
STAFF REPORT
PLANNING COMMISSION
DATE: December 11, 2018
TO: Planning Commission
SUBJECT:
PUBLIC HEARING: Lucky Supermarket Outdoor Display CUP (PLPA -
2018-00025)
Prepared by:Mandy Kang, Senior Planner
EXECUTIVE SUMMARY:
The Applicant, the Save Mart Companies, is requesting approval of a Conditional Use
Permit to display merchandise outside of the Lucky Supermarket located at the Fallon
Gateway Center. The proposed display area will be located at one of the main store
entrances.
RECOMMENDATION:
Conduct the public hearing, deliberate and adopt a Resolution approving a Conditional
Use Permit for “Retail - Outdoor Storage” at an existing retail store at 2840 Dublin
Boulevard (Lucky Supermarket).
DESCRIPTION:
The project site is located at the corner of
Dublin Boulevard and Fallon Road, in the
shopping center known as Fallon Gateway
(Figure 1). Lucky Supermarket is located
within an approximate 51,000 square foot
building that shares the center with a
variety of retail, service, and restaurant
uses. Access to Fallon Gateway is
provided from existing driveway entrances
on Dublin Boulevard and Fallon Road.
The project site is located within the
Eastern Dublin Specific Plan area. The
General Plan and Eastern Dublin Specific
Plan land use designation is General
Commercial. The project site is zoned PD, Regional Street Amador Valley Blvd. Regional Street Figure 1: Vicinity Map
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Planned Development. 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, the Save Mart Companies, would like display merchandise at the front of
the Lucky Supermarket. Therefore, the Applicant is currently requesting approval of a
Conditional Use Permit for outdoor display near the entrance to the store.
ANALYSIS:
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 inspi res foot traffic to and from
neighboring shops and business. The display areas will showcase merchandise items
for purchase inside of the store. The displays will largely reflect seasonal items
including but not limited to fruits and vegetables, flowers/garden items, and similar items
(Exhibit A to Attachment 1).
The proposed merchandise display area will be located at north end of the store
adjacent to one of the entrances. The display area is approximately 16 -feet by 7-feet.
The Applicant is proposed two different ways to display merchandise within the display
area. This includes using four 4-foot by 4-foot bins, or four 4-foot by 4-foot bins and a
4.5-foot by 1.5-foot floral table. The layout and design of the bins is depicted in Figure 2
below and shown on the site plan included as Exhibit B to Attachment 1.
Figure 2: Lucky Supermarket Outdoor Display
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The proposal has been reviewed for appearance, safety and to ensure that the site
remains accessible and that pathways are not blocked by the display area. Conditions
of Approval have been placed on the project (Attachment 1) to ensure a safe and
attractive display environment (Condition 1), the display area is maintained at all times
(Condition 13), and that safe pedestrian access be provided on the sidewalk at all times
(Condition 21).
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 d ocuments prepared. Staff
is recommending that the Conditional Use Permit to allow permanent Outdoor Display
at Lucky Supermarket 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 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, and Dublin
San Ramon Services District have reviewe d the project and provided Conditions of
Approval where appropriate to ensure that the project is established in compliance with
all local ordinances and regulations.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a Public Notice wa s 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 th e Project. A copy of this Staff
Report was also provided to the Applicant.
ATTACHMENTS:
1. Resolution approving a Conditional Use Permit for Retail – Outdoor Storage
2. Exhibit A to Attachment 1 - Written Statement
3. Exhibit B to Attachment 1 - Display Area
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RESOLUTION NO. 18-xx
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 2840 DUBLIN BOULEVARD (LUCKY SUPERMARKET)
PLPA-2018-00025
WHEREAS, the Applicant, the Save Mart Companies, has submitted an application for a
Conditional Use Permit to allow the ongoing use of an outdoor display area (Retail – Outdoor
Storage) in front of the existing tenant space at 2840 Dublin Boulevard within a portion of Fallon
Gateway; and
WHEREAS, the Lucky Supermarket, a retail store, is located on a parcel that has a
General Plan Land Use Designation of General Commercial 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 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 Lucky Supermarket is exempt from CEQA pursuant to Section 15301 (Existing
Facilities); and
WHEREAS, a Staff Report dated December 11, 2018 was submitted to the Dublin
Planning Commission recommending approval of the Conditional Use Permit; and
WHEREAS, the Planning Commission held a public hearing on said application on
December 11, 2018; 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
the existing retail store which is a permitted use in the Planned Development (PD) Zoning
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Packet Pg. 12 Attachment: 1. Resolution approving a Conditional Use Permit for Retail – Outdoor Storage (Lucky Supermarket Outdoor Display CUP (PLPA-
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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 an approximate 51,000
square foot 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 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 Dublin Planning Commission does hereby
approve a Conditional Use Permit to allow permanent outdoor display area (Retail – Outdoor
Storage) at 2840 Dublin Boulevard (within a portion of Fallon Gateway) as generally shown on
5.1.a
Packet Pg. 13 Attachment: 1. Resolution approving a Conditional Use Permit for Retail – Outdoor Storage (Lucky Supermarket Outdoor Display CUP (PLPA-
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the project plans date stamped received by Dublin Planning on November 16, 2018 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 A mador Valley Transit
Authority; and [CHS] California Department of Health Services.
NO. CONDITIONS OF APPROVAL Agency When Required,
Prior to:
GENERAL
1. Approval. This Conditional Use Permit approval for
PLPA-2018-00025 Lucky Supermarket Outdoor
Display is to establish outdoor display areas as
generally shown on the project plans, and 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 an approximately 16 foot by 7 foot
area. The use and design of the display area and
storage containers shall be as generally described and
depicted in the Written Statement and the Outdoor
Merchandising Site Plan attached as Exhibits A and
B or similar as determined by the Community
Development Director.
PL On-going
2. Permit Expiration. Construction or use shall
commence within one (1) year of Permit approval, or
the Permit shall lapse and become null and 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.
PL One year from
Permit approval
3. Time Extension. The original approving decision-
maker may, upon the Applicant’s written request for an
extension of approval prior to expiration, 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 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.
PL One year from
Permit approval
4. Approval Period. This Conditional Use Permit PL On-going
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Packet Pg. 14 Attachment: 1. Resolution approving a Conditional Use Permit for Retail – Outdoor Storage (Lucky Supermarket Outdoor Display CUP (PLPA-
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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 Conditional
Use Permit approval may be subject to review by the
Community Development Department to determine
compliance with the Conditions of Approval.
PL On-going
6. Revocation. This Permit shall be revocable for cause
in accordance with Dublin Zoning Ordinance Section
8.96.020.I (Revocation). Any violation of the terms of
the terms and conditions of this Permit may be subject
to the issuance of a citation.
PL On-going
7. Minor Amendments. Modifications or changes to
this approval may be considered and approved by the
Community Development Director if the modifications
or changes proposed comply with Section 8.100.080
(Amendments) of the Zoning Ordinance.
PL On-going
8. Clarifications and Changes to the Conditions. 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.
PL On-going
9. Merchandise Storage. The Applicant/Tenant 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.
PL On-going
10. Graffiti. The Applicant/Tenant shall keep the site
clear of graffiti vandalism on a regular and continuous
basis at all times.
PL On-going
11. Theft Prevention and Security Program. The
Applicant/Tenant shall work with Dublin Police on an
on-going basis to establish an effective theft
prevention and security program.
PO On-going
12. Hold Harmless/Indemnification. The Applicant 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
Various On-going
5.1.a
Packet Pg. 15 Attachment: 1. Resolution approving a Conditional Use Permit for Retail – Outdoor Storage (Lucky Supermarket Outdoor Display CUP (PLPA-
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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
those items indicative of seasonal merchandise
including, fruits and vegetables, flowers/garden items,
and items of similar kind. 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 displays shall be as generally depicted in the
written statement and site plan.
PL On-going
14. All Uses Conducted Indoors. Except as otherwise
approved as part of this Conditional Use Permit, or
otherwise allowed under Chapter 8.108 (Temporary
Use Permit), all activities associated with the business
shall be conducted indoors at all times.
PL On-going
15. Sales Transactions. All sales transactions shall be
conducted inside the building.
PL On-going
16. Loudspeakers and/or Amplified Music. No
loudspeakers or amplified music shall be placed or
project outside of the building at any time.
PL On-going
17. Property Maintenance. The Applicant/Tenant shall
keep the property maintained in a safe, clean, and
litter-free condition at all times.
PL On-going
18. Nuisance. The Applicant/Tenant shall control all
activities on the project site so as not to create a
nuisance to surrounding businesses and residents.
PL On-going
19. Temporary Promotional Banners and Balloons.
The use of Temporary Promotional Banners and/or
Balloons shall be subject to approval of a Zoning
Clearance and compliance with 8.84.050.S
(Temporary Promotional Signs) of the Dublin Zoning
Ordinance.
PL On-going
20. Prohibited Signage. The use of any A-Frame,
Portable Sign, or Sandwich Board Sign, or any other
sign contained in Section 8.84.150 (Prohibited Signs)
of the Dublin Zoning Ordinance, is strictly prohibited.
PL On-going
BUILDING
21. Accessibility. Accessible and egress pathways shall
remain open and unobstructed.
B On-going
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Packet Pg. 16 Attachment: 1. Resolution approving a Conditional Use Permit for Retail – Outdoor Storage (Lucky Supermarket Outdoor Display CUP (PLPA-
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PASSED, APPROVED AND ADOPTED this 11th day of December, 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
_________
Assistant Community Development Director
G:\PA\2018\PLPA-2018-00025 Lucky's Outdoor Display CUP\Planning Commission\PC Reso Lucky's CUP.docx
5.1.a
Packet Pg. 17 Attachment: 1. Resolution approving a Conditional Use Permit for Retail – Outdoor Storage (Lucky Supermarket Outdoor Display CUP (PLPA-
5.1.b
Packet Pg. 18 Attachment: 2. Exhibit A to Attachment 1 - Written Statement (Lucky Supermarket Outdoor Display CUP (PLPA-2018-00025))
5.1.b
Packet Pg. 19 Attachment: 2. Exhibit A to Attachment 1 - Written Statement (Lucky Supermarket Outdoor Display CUP (PLPA-2018-00025))
5.1.b
Packet Pg. 20 Attachment: 2. Exhibit A to Attachment 1 - Written Statement (Lucky Supermarket Outdoor Display CUP (PLPA-2018-00025))
27’ (Open) 7’ 2’-5” SIDEWALK 17’-7” Lucky California #756
2840 Dublin Blvd.
ZOOM View of Outdoor Merchandising #1
ROADWAY
16’
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Packet Pg. 21 Attachment: 3. Exhibit B to Attachment 1 - Display Area (Lucky Supermarket Outdoor Display CUP
27’ (Open) 7’ 2’-5” SIDEWALK 17’-7” Lucky California #756
2840 Dublin Blvd.
ZOOM View of Outdoor Merchandising #2
ROADWAY
4.5’ x 1.5’
Floral Table
16’
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Packet Pg. 22 Attachment: 3. Exhibit B to Attachment 1 - Display Area (Lucky Supermarket Outdoor Display CUP