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HomeMy WebLinkAboutPC Reso 85-027 PA 85-026 Handyman Addition- mods to nursery, display and sale of nursery items RESOLUTION NO. 85-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 85-026 HANDYMAN ADDITION CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW APPLICATIONS TO ALLOW ENCLOSURE OF A PORTION OF THE EXISTING HANDYMAN OUTDOOR NURSERY, MODIFICATION TO THE REMAINDER OF THE NURSERY AND DISPLAY AND SALE OF NURSERY ITEMS OUTSIDE AN ENCLOSED OR SCREENED AREA, 7450 AMADOR VALLEY BOULEVARD WHEREAS, Design Professionals Inc., requested approval of a Conditional Use Permit and Site Development Review to allow the enclosure of 1,880+ sq. ft. portion of a covered nursery area, modification to the layout and fencing/cover of the remaining outdoor nursery area, and display and sale of nursery items outside an enclosed or screened area for the Dublin Handyman store located at 7450 Amador Valley Boulevard, specifically identified as APN 941-305-8; and WHEREAS, the adopted City of Dublin Zoning Ordinance restricted the operation or modification of a plant nursery in a C-1; Retail Business District until a Conditional Use Permit was secured and required a Site Development Review for building alterations involving a building over 1,000 sq. ft. in size; and WHEREAS, the Planning Commission did hold a public hearings on said project on May 20, 1985, and June 10, 1985; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this project has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Planning Commission found that the Conditional Use Permit and Site Development Review will not have a significant environmental impact; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit and Site Development Review requests be condtionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth; and WHEREAS, the proposed land use, if conditionally approved, was appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission hereby finds; a) Enclosure of a portion of the outdoor nursery area with a concurrent modification to the remaining outdoor nursery area and with the introduction of display and sale of nursery items outside an enclosed or screened area are required by the public need; b) The uses will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed building modifications are comparatively minor in nature and coincide and compliment the overall restructuring of the enclosed retail sales area of the Handyman Store; DP 83-20 c ) The uses will not materially adversely affect 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 neighborhood, as all applicable regulations will be met; d) The uses will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located; e) The approval of the Conditional Use Permit and Site Development Review will be consistent with the Dublin General Plan; f) All provisions of Section 8-95 . 0 through 8-95 . 8 Site Development Review, of the Zoning Ordinance are complied with; g) Consistent with Section 8-95 . 0 this application, as modified by the Conditions of Approval, will promote orderly, attractive and harmonious development, recognize environmental limitations on development; stablize land values and investments ; and promote the general welfare by preventing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards set forth in the Zoning Ordinance and which are not consistent with their environmental setting; h) The approval of the application as conditioned is in the best interests of the public health, safety and general welfare; i ) General site considerations , as modified by the Staff Study prepared for this project, including site layout, orientation and the location of buildings, vehicular access, circulation and parking, setbacks, height, public safety and similar elements have been designed to provide a desirable environment for the development; j ) General , architectural considerations, as modified by the Staff Study prepared for this project, 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 signing and similar elements, have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of adjacent buildings and uses; k) General project landscaping and considerations, as modified by the Staff Study prepared for this project, including the locations, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of landscaped areas and similar elements, have been considered to insure visual relief to complement buildings and structures and to provide an attractive environment to the public . BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said project as shown by materials labelled Exhibits B and C and Attachment 2 of the May 20, 1985, Staff Report prepared for this project and on file with the Dublin Planning Department, subject to the following conditions : Unless otherwise specified, the following conditions shall be complied with prior to issuance of building permits . In any event, all pertinent conditions shall be complied with prior to final inspection. Each item is subject to review and approval by the Planning Department unless otherwise specified. DP 83-20 GENERAL PROVISIONS: 1) Development shall be generally as shown on the plans submitted with the application prepared by Design Professionals, Inc. consisting of three sheets dated received by the Dublin Planning Department on March 28, 1985, and the plans prepared by Phillip Martin, Architect, consisting of five sheets dated received June 14, 1985. Modifications to the land use of the site shall be as described within the written statements dated received by the Dublin Planning Department on March 28, 1985, June 14, 1985, and June 17, 1985 and as graphically portrayed on the photographic study submitted at the Planning Commission meeting of June 17, 1985 (without the use of the flat-bed plant display). Development shall be modified to be generally consistent with the Staff Study dated May, 1985. Development shall be subject to final review and approval by the Planning Director prior to the issuance of a building permit and shall be subject to the conditions listed below. ARCHITECTURAL: 2) A final color and materials pallet shall be prepared by the developer for review and approval by the Planning Director. All ducts, meters, air conditioning equipment and other mechanical equipment established in conjunction with the new construction provided for under this permit, whether on the structure or on the ground, or elsewhere, shall be effectively screened from view with materials architecturally compatible with the main structures. DRAINAGE: 3) Roof drains shall empty onto paved areas, concrete swales, or other approved dissipating devices. Roof drains currently in disrepair shall be replaced or repaired prior to the issuance of a building permit for the nursery enclosure/modification. On-site drainage areas along the north side of the building shall be installed to prevent pooling of water in vicinity of new exterior display and sale of nursery items. DEBRIS/EXTERIOR STORAGE: 4) Measures shall be taken to contain all trash, construction debris, and related materials on-site until disposal off-site can be arranged. Materials currently situated in unscreened areas around the east and south sides of the structure shall be removed prior to the issuance of a building permit. All storage shall be either within the principle structure or within the gated outdoor nursery area. EXTERIOR DISPLAY AND SALES: 5) New exterior display and sale of nursery items outside the enclosed structure shall be limited to the north side of the existing building. Any display and sale of nursery items located under the existing 1,500+ square foot entry area and shall not occupy more than 50% of that area. Development of a physical barrier (ballards, raised curb, or equivalent) adjoining the existing and proposed wind screens shall be provided in conjunction with the establishment of display and sale of nursery items in this area. Display and sale of nursery items outside this area shall be developed in a manner providing a physical barrier (raised landscape planter area, or equivalent, as determined acceptable by the Planning Director) between shoppers and adjoining vehicular traffic. The barrier proposed in conjunction with the Payless store is reference as an acceptable manner to provide the required separation. (City File PA 84-046). DP 83-20 FIRE: 6) Prior to issuance of building permits, the developer shall supply written confirmation that the requirements of the Dublin/San Ramon Services District Fire Department have been met. LANDSCAPING AND IRRIGATION PLANS: 7) A landscape and irrigation plan, along with a cost estimate of work and materials proposed, shall be submitted for review and approval by the Planning Director. The plan shall be generally consistent with the Staff study dated May, 1985. Additional landscape planters shall be provided along the base of the existing and proposed glass windscreen and around the north west corner of the building (minimum "legs" of Fifteen Feet). New trees planted on sites shall be a minimum 15 gallons in size. New shrubs planted on site shall be a minimum 5 gallon in size. 8) The design and placement of any new service areas and/or utility boxes shall be compatible with the site's overall design and landscaping and shall be subject to review and approval by the Planning Director as part of the Landscape and Irrigation Plan. 9) The developer shall enter into a "Standard Planter Material, Irrigation System and Maintenance Agreement" with the City. 10) All missing landscaping required under previous entitlements covering this site shall be installed in conjunction with this project and shall be in place prior to the issuance of a building permit for the nursery enclosure/modification. PUBLIC IMPROVEMENTS: 11) Any relocation of improvements or public facilities shall be accomplished at no expense to the City of Dublin. 12) An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way. 13) Irrigation lines shall be stubbed out at the back edge of the sidewalk along the Amador Plaza Road frontage for the street trees planned to be planted along that street frontage. The number and location of irrigation stub lines provided shall be reflective of the tree planting plan approved for this section of Amador Plaza Road. RESURFACING OF PARKING LOT: 14) Areas of current disrepair situated within the parking lot shall be upgraded to the satisfaction of the City Engineer in conjunction with this project and shall be done prior to occupancy of the nursery enclosure/modification. SIGNAGE: 15) Any new signs shall be subject to review and approval by the Planning Director prior to installation. SITE DEVELOPMENT REVIEW STANDARDS: 16) Development shall comply with the City of Dublin Site Development Review Standard Conditions. SITE LIGHTING: 17) Site lighting (new or modified) established in conjunction with this project shall be subject to review and approval by the Planning Director. Lighting shall be deflected so that lights shine onto the applicant's property and not to cause DP 83-20 glare unto adjoining properties nor cause glare visible from Highway 680. Low level wall mounted "wash" lighting and/or freestanding light standards shall be supplied along the east side of the property for general security considerations. MISCELLANEOUS 18) Painting of the adjoining building (Oshman's Sporting Goods) shall be done to eliminate the graffiti and defacing at the side and rear of that structure. 19) This permit, as it pertains to the exterior display and sale of nursery items, shall be valid for a period of two years and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance at any time during the effective period of the approval. PASSED, APPROVED AND ADOPTED this 17th day of June, 1985. AYES: 5 NOES: 0 ABSENT: 0 CN.LI-A P1 ning Commission Chairman ATT ST )L. anning erector DP 83-20