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HomeMy WebLinkAbout09-17-1984 84-046 Payless CUP & SDR 09-17-1984 AGENDA STA'IEMENT PLANNING COMMISSION NEETING DATE: September 17, 1984 SUBJECT: PA 84-046, Payless Conditional Use Permit and Site Development Review for outdoor display area, 7201 Regional St. EXHIBITS ATTACHED: 1) Revised Resolution 2) September 4, 1984 Staff Report 3) Revised plans received September 10, 1984 RECOMMENDATION: 1) Open public hearing and hear Staff presentation 2) Take testimony from applicant and the public 79 q- 3) Question staff, applicant and the public 4) Close public hearing and deliberate 5) Adopt Resolution regarding the Conditional Use Permit, or direct Staff to make revisions and continue the hearing FINANCIAL STATENENT: None DESCRIPTION: On 9/4/84, the Planning Commission continued this application to the ~/17/84 meeting so that more precise exhibits could be prepared, particularly relating to the canopy improvements. The revised plans indicate that the existing canopy in front of the main entrance extends far enou9h out to cover the proposed new sidewalk. Consequently, no modifications to the canopy in front of the main entrance are proposed. The canopy in front of the proposed garden display area w:,ll be extended as originally proposed to cover the new sidewalk. The attached Resolution has been modified to reflect the changes that the Planning Commission desir,!d. Staff recommends that the Planning Commission adopt the revi:;ed Resolution which approves Payless' request for a Conditional Use Permit and Site Development Review. ----------------------------------------------------------------- ITEM NO. 1. z.--... COPIES TO: Applicant EXHIBI" A RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CF DUBLIN -----------------------------------.------------------------------- APPROVING PA 84-046, PAYLESS CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW, A REQUEST BY :?AYLESS FOR A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW ,~PROVAL FOR AN OUTSIDE DISPLAY OF LIVE PLANT MATERIAL M' 7201 REGIONAL STREET WHEREAS, Andrew Anderson, representing payless, filed an application for a Conditional Us= Permit and Site Development Review to establish an outside display of live plant materials at 7201 Regional Street, and WHEREAS, the Planning Conmission 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 applicaticn has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to te categorically exempt, and WHEREAS, a Staff report was submitted recommending the application be conditionally approved, and WHEREAS, the Planning' Ccmmission did hear and consider all said reports, recommendations and testimony as hereinabove set forth, NOW, THEREFORE, BE IT RE~;OLVED 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 genera] public, b) The use will be properly related to other land uses and transportation and service fac;,lities in the vicinity as daytime activities will be commersurate with present use of properties in the commercial Zonin'r 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 det::imental to the public welfare or injurious to property or improv{!ments ~n the area as all applicable regulations will be met: DP 83-20 d) The use will not be contrary to the specific intent clauses or performance standards es~ablished 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 a=ea will be consistent with the preliminary policies contained in the Revised Draft General Plan. f) be detrimental should the use Plan. There is little or n,) probability that the use will to or interfere with the future General Plan, ultimately be inconsLstent with the future General BE IT FURTHER RESOLVED th~t the Planning Commission does hereby conditionally approve said a?plication subject to materials labeled Exhibit "B" on file in the )ublin Planning Department and subject to the following conditions. Unless otherwise specified, the following condition shall be complied with prior to issuance of ouilding 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 submitted for review and approval by the Planning Department. 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) . DP 83-20 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 specjfic seasonal event. 12) This approval is valid until ~'/17/88, 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 DP 83-20 CITY OF DUBLIN PLANNING COMMI:;SION AGENDA STATE/<IENT/ST,\FF REPORT /<Ieeting Date: Septerrber 4, 1984 TO: Planning Commission FRO/<l: Planning Staff ~ SUBJECT: PA 84-046, Payless Conjitional Use Permit and and Site Development R=view 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 /<It. Diablo Blvd. Suite 2 Lafayette, California 94549 PROPERTY OWNER: Payless, Incorporated 9275 S. W. peytor Lane Wilsonville, Oreson 97070 LOCATION: 7201 Regional Stl'eet Dublin, Californ!a ASSESSOR PARCEL NUMBER: 941-305-16 PARCEL SIZE: 5.5 acres EXISTING ZONING AND LAND USE: C-l, R,~tail Business District Payles:; and Retail Shops SURROUNDING LAND USE AND ZONING: North: South: East: West: Commercial ':-1 Commercial ,:-1 Commercial ,:-1 Commerc ial ,:-1 ZONING HISTORY: 1969 - Dublin Plaza Shopping Center approved, S-293 1971 - Sign Program revision approved, S-423 1978 - Conditional Use Permit approved for an outside display of live plant materials c-3456 APPLICABLE REGULATIONS: Section 8-48.2 states that the outside display of plant materials in a C-l District requires a Conditional Use Permit. ----------------------------------------------------------------- ITEM NO. 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, transpor:ation and service facilities in the vicinity, 3) whether or not t:1e use will materially affect the heal t:h or safety of persons residing or working in the vicinity; and 4) whether or not thelse will be contrary to the specific intent clauses or p~formanc! standards established for the district in which it is located. Section 8-94.4 states the ~pproval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and o~servance of specified conditions. Section 8-95.0. SITE DEVELOPMENT REVIEW. Site Development Review is intended to 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 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 ciruclation is found to so require, the Planning Director may establish more stringent regulations than those otherwise specified for the District. ENVIRONMENTAL 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 bl_ildings ANALYSIS: Pay less is requesting a Condit~,onal 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 extensioll of the existing canopy and a recuction in the existing "No Parking" lane. The plant materials would be displayed Oil the walkway underneath the existing overhead canopy. To compensate for the loss of walkway space, the applicant i~; proposing to create an adcitional walkway within the ,!xisting "No Parking" lane. The width of the "No Parking" :.ane would be reduced from 10' to 4' 7" to provide room for the new sidewalk. Staff can support the request provided that several modifications to the proposal <ire made, modifications to the existing landscaping and signaqe will also be necessary. There is presently 45' between the building face and the concrete curbing around the la1dscaping adjacent to the travel lanes. Under the appli,:ant' s proposal, this area would be divided into two 10' :ravel 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 lane3 (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 dangerous 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 in=reased 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 entrances, 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 Fire 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 apprcximately 45'. The Dublin Sign Committee recommended that the maximum height of a freestanding sign should be 15'. Staff would suggest that the size of this sign be reduced to be consistent with the Sign Committee's recommendaticns. There is also an excessively large wall sign attached 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 building. Concerning landscape improvemEnts, the parking lot is in need of additional trees and ~round cover to soften the appearance of the parking lot. Areas for shopping carts are also needed. Staff suggests that additional landscaping be provided as part of this appljcation. It should be noted that the recently approved Bedford acdition at the ex-Liberty HOllse 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~' 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'l' and deliberate 5) Adopt Resolution re'l'arding the Conditional Use Permit ACTION: Staff recommends that th! Planning Commission adopt the attached Resolution (ExhLbit A) which approves payless' request for a Conditional Use Permit and Site Development Review to allow an outside display of live plant material. ATTACH11ENTS 1) Exhibit "A" - Draft Resolution 2) Location map 3) Site plans 4) Applicant's statement COPIES TO City Engineer Fire Department B.LD. A?plicant -3- EXHIBIT A RESOLUTION NO. A RESOLUTION OF THE PLA~NING COM/<IISSION OF THE CITY OF DUBLIN -------------------------------------.----------------------------- APPROVING PA 84-046, A REQUEST BY P~YLESS FOR A CONDITIONAL USE PERMI'r 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 Comrlission did hold a public hearing on said application on Septerilier 4, 1984; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; 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 approve,l; and WHEREAS, the Planning Comnission did hear and consider all said reports, recommendations an,l testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOJ~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 prope~ly related to other land uses and transportation and service facillties in the vicinity as daytime activities will be commersurdte with present use of properties in the commercial Zoning District; c) The use, if permitted. under all the circumstance and conditions of this particular ca:;e, will not materially affect adversely the health or safety of pe=sons residing or working in the vicinity, or be materially detriJnental to the public welfare or injurious to property or improvem'~nts in the area as all applicable regulations will be met; d) The use will not be c'mtrary to the specific intent clauses or performance standards estdblished for the District in which it is to be located, as the ou:side display of live plant materials, with limited impacts, is Gonsistent with the character of the commercial district, BE IT FURTHER RESOLVED tha: the Planning Commission does hereby conditionally approve said ap~lication subject to materials labeled Exhibit "B" on file in the Dlblin Planning Department and subject to the following conditions. DP 83-20 Unless otherwise specified, the follol/ing condition shall be complied with prior to issuance of bu,_lding permits. Each item is subject to review and approval by the Planning Department unless otherwise specified. 1) The 45' between the building fac,! and the concrete curbing around the planters adjacent to ':he travel lanes shall be divided up as follows: two, 11' travel lanes, a 2'8" planter wi th 6' concrete curbing, an 8' :;idewalk 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 ~~picting this layout shall be prepared. 2) A landscape plan for the existiwj and proposed landscaped areas shall be prepared. Additi'Jnal 15 gallon trees, shrubs and groundcover shall be planted in the parking lot area in locations determined by the Plan1ing Department. The parking lot may be redesigned and restriJed to provide small car stalls to accommodate the additional landscaping. Areas for shopping carts shall be provided. 3) The existing freestanding sign s1all be reduced in height to 15' maximum. 4) The existing wall sign shall be ~eplaced 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 Development Review conditions (attached) . 10) Sign a Standard Landscape Maintenance Agreement (attached) . 11) The outside display shall be lirrited to live plant materials only. 12) The canopy shall be extended over the entire sidewalk. 13) This approval is valid until 9/4/88, and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTE:D this , 1984. th day of AYES: NOES: ABSENT: PJ.anning Commission Chairman ATTEST: Planning Director DP 83-20 \ ' , \ \ , , , \ , , \ \ \, \ . " \ \ ' , ~ \ \' \ , ' '.:.' \ .. ' -. , \\, ,\ , , '. .. ~ z \ \ ~~ \ .. .. c o z AT1ACHMENT ~ L oc.o...+ io I') Mo.. p Po. '! /e.ss cuP ----- $ca...le../al=400~ ------ ( DlJ ANDREW P. ARC H I ANDERSON TEe T 3799 MT. DIABLO BOULEVARD SUITE 2 LAFAYETTE, CALIFORNIA 94549 TELEPHONE (415) 284 - 4870 D(";TE ?-)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 Regi oni:d Dub I in, Cc\ . WE ARE TRANSMITTING TO YOU: ATTACHED X INFORMATION BELOW : X Members Of The Commission: ~,je are proposing the utilization of an e:-:isting 12'-801 >: 120' concrete walk area as a Garden Materials [isplay/Sales Area. This area occurs at the Western Face of the existing Pay Less Drug Store Building. It is proposed to delineatE? this ared with a low (4001) concrete masonry wall utilizing the same rraterials as the wall of the structure. At the request of the staff~ and with the dpproval of the Fire Department~ we propose to install a new 5'+ pedestrian walk, 2'-401 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 assw-e an orgcmizf?d dis;plc\y and eliminate interference between normal pedestrian traffic and display items. The proposed new planting a~ea and the plant display will serve to relieve the monotony of the existing blank masonry surface, and provide color in lieu of grey concrete. ~" ";' T ^ !~ 1 ,\ ~, .~ 'N ""'_ 4 1'" Ii 11'-.1 'W"" ~ ,- I tl Ii' 'V.l~ ~'d iI.. i :~ ------ DlJ ANDREW P. ARC H I ANDERSON TEe T 3799 MT. DIABLO BOULEVARD SUITE 2 LAFAYETTE, CALIFORNIA 94549 TELEPHONE (415) 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 il fact, through sales benefit the tax base. The proposal has been thoroughly discussed with the Fire Department to assu~e that no hazard will occur. W~bel i eve the pr-oject has meri t, and that YOLl wi 11 agl~ee. Si:W;:m~ ANDREW P. ANDERSON ARCHITECT CC= PROJECT MANAGER .';F:CH I TEeT - \ '-.., . SITE DEVELOP~lliNT REVIEW STANDARD CONDITIONS CITY OF DUBLIN All projects approved by L'-le City of Dublin shall rreet the follCNJing st:3nc1ard conditions unless sr;ecifically e.xempted by the Plann:i1g r::epartrrent. 1. Final building and site developrent plans shall be revie,.;ed and approved by the Planning D2part;rent staff prior to the is:mance of a building r:ennit. All such plans shall insure: a. That standard carrrercial or residential secud ty requirerrents as established by the Dublin police D2partrrent are provided. b. That ramps, sr;ecial parking spaces, signing, and other appropriate physical features 1:or the handicaPr:ed, are?rovided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls. d. That e.xterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded fran direct offsite viewing. e. That all rrechanical equirrrent, including electrical and gas rreters, is architecturally screened fran view, and that electrical trans- forrrers are eithe..r undergrounded or architEcturally scree..'1ed. f. That all trash enclosures are of a sturdy mc,terial (preferably masonry) and in harrrony with the architecture of t.~e building(s). g. That all vents, gutters, do.vnsFOuts, flashir.gs, 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 D2part:In=nt. Once constructed or :installed, all improverrents are to be maintained in accordance with the approved plans. lmy changes which affect the exterior characteJ~ shall be resubnitted to the Dublin Planning ~part:In=nt for approva:_. i. That each parking space designated for canpact cars be identified with a paverrent marking reading "Small Car Only" or its equivalent, and additional signing be provided if nece:,sary. j. That all exterior architectural elerrents vi:3ible fran view and not detailed on the plans be finished in a style and in lMterials in h.anrony with the exterior of the building. k. That all other public agencies that require revie,.; of the project be supplied with copies of the final building and site plans and that canpliance be obtained with at least their min:i..rrn.nn cede requirerrents. DP 83-13 . " !: 2. Final Landscape Plans, irrigation system plans, tree prese:rvation tech- niques, and quarantees, shall be reviewed and apr:;roved by the Dublin Planninq Cepartrrent prior to the issuance of the building rennit. All such submittals shall insure: a. That plant mterial is utilized which will bE capable of healthy grONth within the given range of soH and clim3.te. b. That prop::>sed landscal7€ screening is of a height and density so that it provides a positive visual impact wi thin tlu'ee years fran the tirre of planting. c. That unless unusual circumstances prevail, at; least 75% of the pro:fXJsed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the sitE! are minimum of 5 gallons in size. d. That a plan for an autaratic irrigation systEm be provided which assures that all p~ants get adequate water. In unusual circumstances, and if approved by Staff, a mnual or quick coupler system my be used . e. That concrete curbing is to be used at the edges of all planters and paving surfaces. f. That all cut and fill slol7€s in e.'{cess of 5 ::eet in height are rounded both horizontally and vertically. g. That all cut and fill slol7€s graded and not constructed on by septeml:::er 1, of any given year, are hydro seeded with per,?,.rmial or native grasses and flo..;ers, and that steck piles of loose :ioil e.usting on t.'1at date are hydroseeded in a similar ID3IIDer. h. That the area under the drip line of all e.-usting oaks, walnuts, etc., which are to be saved are fenced during construction and grading operations and no activity is r;ennitted under them that will cause soil ccmpaction or damage to the tree. i. That a guarantee fran the ONrlers or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. j. That a penrenent maintenance agreerrent on all landscaping will be required fran the ONrler insuring regular irrigation, fertilization and ~ abatement. 3. Final inspection or. occupancy penni ts will not be granted 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 'MJrk, plus 25%. . i; 1'HE CITY OF DUBLIlV P,O. Box 2340 Duhlin. CA 94568 (415) R 29-4tiOO STANDARD PLANT MATERIAL, IRRIGATION SYSTE~ AND MAINTENANCE AGREEMENT (property owner) do hereby shrubs and ground cover) will be the City of Dublin's approved (name of I agree that all plants (trees, installed in accordance with landscape plan for project) located at (address) . All plants will be replaced i.n kind as per the approved plan at such time as they are found to be missing, diseased, damaged, or dead, for at least one (1) year from the date of their installation. I further agree that all plants will hence::orth be irrigated, fertilized, weeded and tended on a regular casis such that they will maintain a healthy and weedfree appearance. I further agree that the irrigation systerr will be installed according to the irrig-ation plans as approved by the City of Dublin, and that said system will be kept in good working order for at least one (l) 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