HomeMy WebLinkAboutPC Reso 89-026 PA 89-023 Payless Drug Store outdoor garden center RESOLUTION NO. 89 - 026
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 89-023, PAYLESS DRUG STORE OUTDOOR GARDEN CENTER
CONDITIONAL USE PERMIT AT 7201 REGIONAL STREET
WHEREAS, Andrew Anderson Architect, representing Payless Drug Store,
filed an application for a Conditional Use permit to continue operation of an
existing outdoor Garden Center for display of live plant materials at 7201
Regional Street; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and has been
found to be Categorically Exempt, Class 1, Section 15301, as the use is
existing having negligible or no expansion of use beyond that previously
existing; and
WHEREAS, the Planning Commission held a public hearing on said
application on June 5, 1989; and
WHEREAS, proper notice of said public hearing was given in all respects
as required by law; and
WHEREAS, the Staff Report was submitted recommending that the application
be conditionally approved; and
WHEREAS, the Planning Commission heard and considered all said reports,
recommendations and testimony hereinabove set forth; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find that:
a) The use is required by the public need to provide display and sales
of live plant materials to the general public;
b) The use will be properly related to other land uses and
transportation and service facilities in the vicinity as daytime activities
will be commensurate with present use of properties in the commercial Zoning
District;
c) The use, if permitted, under all the circumstance and conditions of
this particular case, will not materially affect adversely the health or safety
of persons residing or working in the vicinity, or be materially detrimental to
the public welfare or injurious to property or improvements in the area as all
applicable regulations will be met;
d) The use will not be contrary to the specific intent clauses or
performance standards established for the District in which it is to ;be
located, as the outside display of live plant materials, with limited impacts,
is consistent with the character of the commercial district;
e) The garden display area will be consistent with the General Plan
and Downtown Specific Plan.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
conditionally approve said application subject to materials labeled Exhibit "A"
on file in the Dublin Planning Department and subject to the following
conditions.
1. This Conditional Use Permit approval is for an outdoor Garden
Center within a 1,260 square foot area located north of the Payless Store main
entrance behind an existing 40-inch tall concrete block wall.
2. The Property Owner/Store Manager shall bring all Zoning violations
relating to the outdoor Garden Center into compliance within 10 days of the
effective date of this approval.
3. The outdoor display and sale of items in the Garden Center shall be
limited to a) live/growing plant materials and b) seasonal items (i.e.
Christmas Trees and Pumpkins) subject to approval of an Administrative
Conditional Use Permit in compliance with Section 8-60.60.1, Temporary Uses,
Administrative Conditional Use Permit of the Zoning Ordinance.
4. The Property Owner/Store Manager shall maintain at all times a
minimum 8 foot wide unobstructed sidewalk running the length of the store
frontage (as approved under PA 84-046 Payless Conditional Use Permit and Site
Development Review).
5. This Conditional Use Permit approval shall be valid for a period of
one (1) year until June 15, 1990, at which time the Applicant may request two
(2) administrative extensions for an additional two (2) years for each
extension from the Planning Director provided such written request is made
prior to the permit expiration date and upon determination that the conditions
are being complied with and remain adequate to ensure that the stated findings
will continue to be met and upon making the finding that no citations have been
issued for zoning violations related to the outdoor garden center.
6. This Conditional Use Permit shall be void if any of the terms or
conditions of the permit are violated. Any violation of the terms or
conditions of the permit shall be subject to Citation.
7. This permit shall be revocable for cause in accordance with Section
8-90.3 of the Dublin Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 5th day of June, 1989.
AYES: Commissioners Barnes, Burnham, Okun and Zika
NOES: None
ABSENT: Commissioner Mack
G
Planning Comm si Chairperson
ATTEST:
C-
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Planning Director
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