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HomeMy WebLinkAboutPC Reso 84-047 PA 84-046 Payless approval for outside display of live plant material RESOLUTION NO. 84-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 84-046, PAYLESS CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW, A REQUEST BY PAYLESS FOR A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW APPROVAL FOR AN OUTSIDE DISPLAY OF LIVE PLANT MATERIAL AT 7201 REGIONAL STREET WHEREAS, Andrew Anderson, representing Payless, filed an application for a Conditional Use Permit and Site Development Review to establish an outside display of live plant materials at 7201 Regional Street; and WHEREAS, the Planning Commission did hold a public hearing on said application on September 4, 1984; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, said hearing was continued to the Planning Commission Meeting on 9/17/84; and WHEREAS, this 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, a Staff report was submitted recommending the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony as hereinabove set forth; 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 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 commersurate 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; DP 83-20 e) The garden display area will be consistent with the preliminary policies contained in the Revised Draft General Plan. f) There is little or no probability that the use will be detrimental to or interfere with the future General Plan, should the use ultimately be inconsistent with the future General Plan. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said application subject to materials labeled Exhibit "B" on file in the Dublin Planning Department and subject to the following conditions. Unless otherwise specified, the following condition shall be complied with prior to issuance of building permits. Each item is subject to review and approval by the Planning Department unless otherwise specified. 1) The 45' between the building face and the concrete curbing around the planters adjacent to the travel lanes shall be divided up as follows: two, 11' travel lanes, a 2'4" planter with 6" concrete curbing, an 8' sidewalk and a 12' display area. The appropriate "no parking" signs shall be installed adjacent to or within the planter area. The curb adjacent to the new sidewalk shall be painted red. Openings in the curb will be provided adjacent to the main entryways. Provisions shall be made to ensure that the garden area drains properly. Revised plans depicting this layout shall be prepared. 2) A landscape plan for the four traffic aisles in front of Payless, extending 2/3 of the way to Regional Street, shall be approved by the Planning Department; said plan shall not result in the reduction of parking spaces. 3) The existing freestanding sign shall be reduced in height to 15' maximum with a proportionate area reduction unless it can be shown to be legally infeasible at this time. If so shown, the sign shall be reduced as soon as legally possible. 4) The existing wall sign shall be replaced by individual letters mounted to the roof. 5) A color and materials pallet shall be submitted for review. 6) Sidewalk and garden wall details shall be provided. 7) Damaged sidewalk along Regional Street and Amador Valley Boulevard shall be repaired at the direction of the City Engineer. 8) Handicap ramps shall be installed at the driveway locations as directed by the City Engineer. 9) Comply with standard Site Development Review conditions (attached). 10) Sign a Standard Landscape Maintenance Agreement (attached). 11) The outside display shall be limited to live plant materials and other seasonal items such as Christmas Trees and pumpkins, subject to Planning Staff review, approval and conditions prior to each specific seasonal event. 12) This approval is valid until 9/17/88, and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. DP 83-20 PASSED, APPROVED AND ADOPTED this 17th day of September, 1984. AYES: Commissioners Alexander, Mack, Raley and Petty NOES: None ABSENT: Commissioner Barnes P1 ning Commission Chairman ATl}EST: I 'Planning Director DP 83-20