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Home My WebLink AboutPC Reso 87-054 PA87-043 Target RESOLUTION NO. 87 - 054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 87-043 TARGET STORES CONDITIONAL USE PERMIT TO EXPAND THE OUTDOOR PLANT NURSERY AREA AT 7200 AMADOR PLAZA ROAD WHEREAS, William Glass and Associates, Architects, Inc., on behalf of Target Stores, filed Conditional Use Permit and Site Development Review applications requesting approval to expand the outdoor nursery are'R—an&-minor modifications to the building exterior at the former Dublin Gemco Store at 7200 Amador Plaza Road, more specifically described as APN 941-305-29-02; and WHEREAS, the application was reviewed in accordance with the provisions of the California Environmental Quality Act and was determined to be categorically exempt; and WHEREAS, notice of Public Hearing was published in The Herald, posted in public buildings, and mailed to property owners within 300 feet of the project in accordance with California State Law; and WHEREAS, an established City General Plan policy calls for the provision of a vehicular interconnection between the subject shopping center and the Dublin Library property (APN 941-305-12-2); and WHEREAS, a Staff analysis was submitted recommending conditional approval of the application; and WHEREAS, the Planning Commission held a public hearing on July 20, 1987, to consider all reports, recommendations, and testimony; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: 1. The use is required by the public need in that it expands the retail service area (outdoor nursery area) available to serve the general public. 2. The use will be properly related to other land uses and transportation and service facilities in the vicinity in that the site is located within a major existing shopping center, and the daytime activities of the project will be commensurate with the present use of surrounding properties within the neighborhood. 3. The use, under all the circumstances 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 neighborhood as all applicable regulations will be met. 4. 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, in that the use is consistent with the character of the General Commercial District. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve PA 87-043 Conditional Use Permit as shown by materials labeled "Exhibit A" on file with the Dublin Planning Department subject to the approval of the related Site Development Review and to the following conditions: -1- CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building and grading permits or establishment of use, and shall be subject to Planning Department review and approval. 1. This approval is for an outdoor plant nursery use at the Target Store, 7200 Amador Plaza Road. 2. The use of the outdoor plant nursery area shall be limited to the display, sale and storage of live plants and other garden or patio supplies and materials. The sale, display or storage of seasonal items such as Christmas trees or pumpkins shall be subject to Planning Department review and approval in accordance with the Administrative Conditional Use Permit process. 3. Development shall generally conform to the plans prepared by William Glass and Associates, Architects, dated received March 16, 1987, and June 22, 1987, and and by R. Louis DeValle dated received June 22, 1987, and labeled Exhibit "A" on file in the Dublin Planning Department, as modified by the following Conditions of Approval and those requirements of affected agencies, and associated Site Development Review (PA 87-044). 4. The Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for any improvements, including grading, required outside of the proposed development. Copies of the easements and/or rights of entry shall be in written form and be furnished to the City Engineer. 5. Prior to occupancy, the Applicant shall provide a recorded cross access easement for vehicular ingress and egress from the southeast portion of the contiguous library parking lot through the subject property to Amador Valley Boulevard (see Staff Study dated January, 1986) or show to the satisfaction of the Planning Director that diligence has been pursued to accomplish the Condition. If upon the request for occupancy it is the desire of the Applicant to request additional time to satisfy this Condition, the request shall be taken to the Planning Commission as another public hearing item for consideration by the Commission. The alignment of the cross vehicular connection and the necessary adjustments to parking and landscapes shall be subject to review and approval by the Planning Director. The easement document shall be subject to review and approval by the City Attorney prior to recordation (see sample agreement). Development of the vehicular connection between the two properties shall not be the responsibility of this Applicant. The Developer shall supply the necessary right-of-entry agreements to the Library's agent who is subsequently chosen to make the modifications to the respective parking lots to allow said vehicular access connection. 6. Prior to occupancy, the Applicant shall provide a recorded cross access easement for vehicular ingress and egress through the parking area adjoining the northwest corner of the Target Store (formerly Gemco) building, to either the property identified as APN 941-305-14-2 (see Staff Study dated January, 1986) or to the property identified as APN 941-305-13 (vacant Central Bank property) subject to review and approval of the Planning Director, or the Applicant shall show to the satisfaction of the Planning Director that diligence has been pursued to accomplish the Condition. If upon the request for occupancy it is the desire of the Applicant to request additional time to satisfy this Condition, the request shall be taken to the Planning Commission as another public hearing item for consideration by the Commission. The alignment of the cross vehicular connection and the necessary adjustments to parking and landscape areas in vicinity of the connection shall be subject to review and approval by the City Engineer and the Planning Director. The easement document shall be subject to review and approval by the City Attorney prior to recordation. Development of the vehicular connection between the two properties shall be jointly the responsibility of the owners of the Target Store (APN 941-306- 29-02) property and APN 941-305-14-2 property. Installation of the connection shall be accomplished within 120 days of the City's notification to both owners for work to commence. The Developer shall supply the necessary right-of-entry agreements to the agent for APN 941-305-14-2, who is chosen to make their share of the modifications to the existing parking/ landscape areas to accommodate the referenced driveway connection. -2- 7. This permit shall expire on July 30, 1990, and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 20th day of July, 1987. AYES: Commissioners Barnes, Burnham, Mack and Raley NOES: None ABSENT: None Planning Commission Chai rson ATTEST: Planning Director -3-