HomeMy WebLinkAbout09-04-1984 84-046 Payless CUP & SDR 09-04-1984
CITY OF DUBLIN
PLANNING COMMI:,SION
AGENDA STATEMENTjST.\FF REPORT
Meeting Date: Septerrber 4, 1984
TO:
Planning Commission
FROM:
Planning Staff ~
SUBJECT:
PA 84-046, payless Conjitional Use Permit and
and Site Development R3view for an outside
display of live plant naterials
GENERAL INFORMATION
PROJECT: A request by Payless for a Conditional Use Permit and
Site Development Review approval for an outside display
of live plant materials
APPLICANT & REPRESENTATIVE:
Andrew Anderson
3799 Mt. Diablo Blvd. Suite 2
Lafayette, California 94549
PROPERTY OWNER:
payless, Incorporated
9275 S. W. peytor Lane
Wilsonville, Ore~on 97070
LOCATION:
7201 Regional Street
Dublin, California
ASSESSOR PARCEL NUMBER: 941-305-16
PARCEL SIZE:
5.5 acres
EXISTING ZONING AND LAND USE: C-l, Retail Business District
Payles~; and Retail Shops
SURROUNDING LAND USE AND ZONING:
North:
South:
East:
West:
Commercial <:-1
Commercial <:-1
Commercial <:-1
Commercial <:-1
ZONING HISTORY:
1969 -
Dublin Plaza Shopping
Center approved, S-293
1971 -
Sign p=ogram revision
approv,~d, S-423
1978 -
ConditLonal Use Permit approved
for an outside display of live
plant :naterials C-3456
APPLICABLE REGULATIONS:
Section 8-48.2 states that the outside display of plant
material:; in a C-l District requires a Conditional Use Permit.
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ITEH NO.
7.3
Section 8-94.0 states that conditional uses must be
analyzed to determine: 1) whether or not the use is required by
the public need; 2) whether or not the use will be properly
related to other land uses, transportation and service facilities
in the vicinity, 3) whether or not the use will materially affect
the health or safety of persons residing or working in the
vicinity; and 4) whether or not the use will be contrary to the
specific intent clauses or peformanc(~ standards established for
the district in which it is located.
Section 8-94.4 states the dpproval of a Conditional Use
Permit may be valid only for a specified term, and may be made
contingent upon the acceptance and observance of specified
conditions.
Section 8-95.0. SITE DEVEL')PMENT REVIEW. Site
Development Review is intended to pr'Jmote orderly, attractive,
and harmonious development; recogniz! 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 performan~e standards of this Chapter
or which are not properly related to their sites, surroundings,
traffic circulation, or their environmental setting. Where the
use proposed, the adjacent land uses, environmental signficant or
limitations, topography, or traffic =iruclation is found to so
require, the Planning Director may establish more stringent
regulations than those otherwise spe=ified for the District.
ENVIRONHENTAL REVIEW:
Categorically exempt
NOTIFICATION: Public Notice of the 9/4/84, hearing was published
in the Tri-Valley Herald, mailed to adjacent property
owners, and posted in public buildings
ANALYSIS:
Payless is requesting a Conditional Use Permit and Site
Development Review to establish an outside display area for
live plant materials. The proposal includes the provision
of a new sidewalk, an extension of the existing canopy and a
reduction in the existing "No parking" lane. The plant
materials would be displayed on the walkway underneath the
existing overhead canopy. To compensate for the loss of
walkway space, the applicant is proposing to create an
additional walkway within the existing "No Parking" lane.
The width of the "No Parking" lane would be reduced from 10'
to 4' 7" to provide room for the new sidewalk.
Staff can support the request Frovided that several
modifications to the proposal are made, modifications to the
existing landscaping and signa~e will also be necessary.
There is presently 45' between the building face and the
concrete curbing around the lardscaping adjacent to the
travel lanes. Under the applicant's proposal, this area
would be divided into two 10' travel lanes, a 4'7" no
parking lane, a 5'8" sidewalk, a 2'4" planter and a 12'4"
display area. The proposed layout results in the following
2 problems: 1) the travel laneE (10') and the sidewalk
(5'8") become too narrow; and 2) the new sidewalk is
adjacent to and at grade level with the travel lane, which
produces a potentially dangerolls situation. It would be
more desirable if the 45' was divided into two 11' travel
lanes, a 2'8" landscape planter, an 8' sidewalk and a 12'4"
display area. Under this approach, the width of the travel
lanes and sidewalk would be increased and there would be a
physical separation between thE' travel lanes and sidewalk.
-2-
The planter adjacent to the travel lanes can contain breaks
adjacent to the main entrance~;, so that customers with
shopping carts can gain access from the store to the parking
lot. This alternative proposal is acceptable to the Dublin
San Ramon Services District F:_re Department.
With respect to signage, there are two signs which present a
problem. The first sign is the freestanding sign in the
parking lot which stands approximately 45'. The Dublin Sign
Committee recommended that the maximum height of a
freestanding sign should be l~;'. Staff would suggest that
the size of this sign be reduced to be consistent with the
Sign Committee's recommendations. There is also an
excessively large wall sign a':tached to the Payless
Building. It would be more desirable from an esthetic
standpoint if this sign was replaced by individual letters
mounted to the roof of the bu.Llding.
Concerning landscape improvements, the parking lot is in
need of additional trees and qround cover to soften the
appearance of the parking lot. ,Areas for shopping carts are
also needed. Staff suggests ':hat additional landscaping be
provided as part of this application.
It should be noted that the r'~cently approved Bedford
addi tion at the ex-Liberty HOl1se site on Dublin Boulevard
contained extensive landscaping in the parking lot and the
removal of the pylons for the freestranding sign. The
Bedford stores (Orchard Suppl:r Hardware, Ross, Sofa Factory,
Levitz and the new addition) '.ill have no freestanding sign.
RECOMMENDATION
FORMAT:
1)
Open public hearing and hear staff
presentation
2) Take testimony from applicant and the public
3) Question staff, applicant and the public
4) Close public hearin~ and deliberate
5) Adopt Resolution re~arding the Conditional Use
Permit
ACTION:
Staff recommends that th.! Planning Commission adopt the
attached Resolution (Exhibit A) which approves Payless'
request for a Conditional Use Permit and Site
Development Review to allow an outside display of live
plant material.
ATTACHr1ENTS
1) Exhibit "A" - Draft Resolution
2) Location map
3) Site plans
4) Applicant's statement
COPIES TO
City Engineer
Fire Department
B.LD.
Applicant
-3-
EXHIBIT A
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 84-046, 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 COITmlission 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, cmd
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 WclS submitted recommending the
application be conditionally approved, and
WHEREAS, the Planning Co~~\ission did hear and consider
all said reports, recommendations and testimony as hereinabove set
forth,
NOW, THEREFORE, BE IT RESOI.vED 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 commersurc.te with present use of
properties in the commercial Zoning (,istrict;
c) The use, if permitted, under all the circumstance
and conditions of this particular caEe, will not materially affect
adversely the health or safety of persons residing or working in
the vicinity, or be materially detrirr.ental 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 ccntrary 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;
BE IT FURTHER RESOLVED that the Planning Commission does
hereby conditionally approve said apFlication subject to materials
labeled Exhibit "B" on file in the D~blin Planning Department and
subject to the following conditions.
DP 83-20
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 2'8" planter
with 6' concrete curbing, an 8' sidewalk and a 12'4" display
area. The curb adjacent to the new sidewalk shall be painted
red. Openings in the curb will be provided adjacent to the
main entryways. Revised plans depicting this layout shall be
prepared.
2) A landscape plan for the existing and proposed landscaped
areas shall be prepared. Additional 15 gallon trees, shrubs
and groundcover shall be planted in the parking lot area in
locations determined by the Planning Department. The parking
lot may be redesigned and restriped to provide small car
stalls to accommodate the additional landscaping. Areas for
shopping carts shall be provided.
3) The existing freestanding sign shall be reduced in
height to 15' maximum.
4) The existing wall sign shall be replaced by individual
letters mounted to the roof.
5) A color and materials pallet shall be prepared.
6) Sidewalk and garden wall details shall be provided.
7) Damaged sidewalk along Regional Street and Amador
Plaza Road 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 Devele'pment Review conditions
(attached) .
10) Sign a Standard Landscape MaintE,nance Agreement
(attached) .
11) The outside display shall be lindted to live plant materials
only.
12) The canopy shall be extended over the entire sidewalk.
13) This approval is valid until 9/',/88, and shall be revocable
for cause in accordance with Section 8-90.3 of the Dublin
Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this
, 1984.
th day of
AYES:
NOES:
ABSENT:
PLanning Commission Chairman
ATTEST:
Planning Director
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ATTACHMENT
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PD.,! /e.SS
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$ca...le.. I at = 400 ~
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ANDREW P.
ARC H I
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DlJ
ANDERSON
TEe T.
3799 MT. DIABLO BOULEVARD
SUITE 2
LAFAYETTE, CALIFORNIA 94549
TELEPHONE (4151 284 . 4870
DATE
?-)ug. 6, 1984
TO City Of Dublin
Planning Commission
6500 Dublin Blvd., Suite D
Dublin, Ca. 94568
REF Proposed Garden Sales Area
Pay Less Drug Store Building
7201 Regionc:\l
Dublin, Ca.
WE ARE TRANSMITTING TO YOU:
ATTACHED X
INFORMATION BELOW : X
Members Of The Commission:
~'Je are proposing the utilization of an e>:isting 12'-8" >: 120'
concrete walk area as a Garden Materials tisplay/Sales Area.
This area occurs at the Western Face of the existing Pay Less
Drug Store Building.
It is proposed to delineate this arei:l with a low (40")
concrete masonry wall utilizing the same materials as the wall
of the structure. At the request of the staff, and with the
approval of the Fire Department, we propose to install a new
5'+ pedestrian walk, 2'-4" planting area, and e>:tend the
existing canopy as a weather protection over the walk/planting
areas.
The delineation of the Garden Area with the masonry wall will
assLlt-e an organi zed di !:;pl ay and el i lIli nate interference between
normal pedestrian traffic and display items. The proposed new
pla~ting aFea and the plant display will Eerve to relieve the
monotony of the existing blank masonry surface, and provide
color in lieu of grey concrete.
A irr ACHMENT 4
DlJ
(
ANDREW P.
ARC H I
C'
.. '" .,.
ANDERSON
TEe T
3799 MT. DIA8LO BOULEVARD
SUITE 2
LAFAYETTE. CALIFORNIA 94549
TELEPHONE 14151 284 - 4870
The Garden Area will provide a proper envi-onment for plant
materials which cannot be maintained withi, the structure, and
for seasonal items such as Christmas Trees. The project will
require no public expenditures~ and will i, fact~ through
sales benefit the tax base. The proposal h3s been thoroughly
discussed with the Fire Department to assu-e that no hazard
will occur.
merit, and that you will agree.
ANDREW P. ANDERSON
AF:CH I TECT
CC: PROJECT MANAGER
AF:CHITECT
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SITE DEVELOPl-lENT REVIEW STANDARD CONDITIONS
CITY OF DUBLIN
All projects approved by the City of Dublin shall Ire':!t the follo.ving standard
conditions unless specifically exempted by the Planning IEpart:rrent.
1. Final buildinq and site developrent plans shall be reviewed and approved
by the Planninq Depart1rent staff prior to the issuance of a building pennit.
All such plans shall insure: -
a. That standard ccmrercial or residential sea.:rity requirerrents as
established by the Dublin police Departrrent. are provided.
b. That ramps, special parking spaces, signing, and other appropriate
physical features for the handicapped, are provided throughout the
site for all publicly used facilities.
c. That continuous concrete curbing is provided for all parking stalls.
d. That exterior lighting of the building and dte is not directed onto
adjacent properties and the light source i~; shielded fran direct
offsite viewing.
e. That all rrechanical equifIIE!lt, including electrical and gas rreters,
is architecturally screened fran view, and that electrical trans-
fomers are either undergrounded or architecturally scre='Jled.
f. That all trash enclosures are of a sturdy ffi3.terial (preferably
masonry) and in harrrony with the architect.rre of the building (s) .
g. That all vents, gutters, downspouts, flashi::1gs, etc., are painted to
match the color of adjacent surface.
h. That all materials and colors are to be as approved by the Dublin
Planning Depart::rrent. Once constructed or installed, all :iIrprovarents
are to be maintained in accordance with the approved plans. lIDy
changes which affect the exterior character shall be resul:mitted to
the Dublin Planning Depart::rrent for approval.
i. That each parking space designated for cat'lfact cars be identified
with a paverrent marking reading "Snall Car Only", or its equivalent,
and additional signing be provided if necE:?saxy.
j. That all exterior architectural elerrents visible fran view and not
detailed on the plans be finished in a style and in materials in
hanrony with the exterior of the building.
k. That all other public agencies that require review of the project be
supplied with copies of the final buildinq and site plans and that
caupliance be obtained with at least theix rn:inirnum COOe requirerrents.
DP 83-13
. .'
! ~
2. Final Landscape Plans, irrigation system plans, tree preservation tech-
niques, and quarantees, shall be reviewed and apI=roved by the Dublin
Planning Depart:rrent prior to the issuance of the building pennit. All
such sutroittals shall insure:
a.
That plant material is utilized which will bE, capable of healthy
grCMth within the given range of soH and climate.
That prop:)sed landsca];:€ screening is of a height and density so that it
provides a positive visual impact within tlu:ee years fran the tiIre
of planting.
That unless unusual circumstances prevail, ai: least 75% of the prop:)sed
trees on the site are a minimum of 15 gallons in size, and at
least 50% of the proposed shiubs on the site are minimum of 5 gallons
in size.
That a plan for an autanatic irrigation system be provided which
assures that all plants get adequate water. In unusual circumstances,
and if approved by staff, a manual or quick coupler system may be
used .
That concrete curbing is to be used at the e:lges of all planters and
paving surfaces.
That all cut and fill slo];:€s in e.'\{cess of 5 feet in height are rounded
both horizontally and vertically.
That all cut and fill slo];:€s graded and not constructed on by Septeml::er l,
of any given year, are hydroseeded with p:re.rurial or native grasses
and fla,.;ers, and that stock piles of loose soil e...a.sting on that date
are hydroseeded in a similar manner.
That the area under the drip line of all existing oaks, walnuts, etc.,
which are to be saved are fenced during cor..struction and grading
op:rations and no activity is f€XIIIitted unc,er them that will cause
soil canpaction or damage to the tree.
That a guarantee fran the o,.mers or contract:ors shall be required
guaranteeing all shrubs and ground cover, all trees, and the irrigation
system for one year.
That a pennanent maintenance agreerrent on a_llandscaping will be
required fran the o,.mer insuring regular ixrigation, fertilization
and ~ abatement.
b.
c.
d.
e.
f.
g.
h.
i.
j.
3. Final inspection or 'cx:cupancy permits will not be qranted until all .
construction and landscapinq is complete in accordance with approved plans
and the conditions required by the City, or a bond has been posted
to cover all costs of the unfinished w:>rk, plus 25%.
. i;
THE CITY OF DUBLIN
P.O. Box 2340
Dublin. CA 94568
(415) 829-4600
STANDARD PLANT MATERIAL, IRRIGATION SYSTEM AND MAINTENANCE
AGREEMENT
I
agree that all plants (trees,
installed in accordance with
landscape plan for
project) located at
(address) . All plants will be replaced in kind as per the
approved plan at such time as they are fcund to be missing,
diseased, damaged, or dead, for at least one (1) year from the
date of their installation.
(property owner) do hereby
shrubs and ground cover) will be
the City of Dublin's approved
(name of
I further agree that all plants will henceforth be irrigated,
fertilized, weeded and tended on a regular basis such that they
will maintain a healthy and weedfree appearance.
I further agree that the irrigation system will be installed
according to the irrigation plans as apprcved by the City of
Dublin, and that said system will be kept in good working order
for at least one (1) year from the date of the landscaping
installation.
This agreement is binding against this and all property owners
of record.
Signed:
Date:
Form 83-05
1/83