HomeMy WebLinkAboutAttachmt 5 Reso Appv CUP for Lowe's Outdoor Display
RESOLUTION NO. 06-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY OF DUBLIN PLANNING COMMISSION APPROVE A
CONDITIONAL USE PERMIT TO ALLOW OUTDOOR DISPLAYS IN THE FRONT OF THE
LOWE'S HOME IMPROVEMENT WAREHOUSE BUILDING LOCATED AT THE
SOUTHWEST CORNER OF DUBLIN BOULEVARD AND GRAFTON STREET AND
ADJACENT TO NORTHSIDE DRIVE IN AREA H OF DUBLIN RANCH (APN 985-0036-009)
P A 05-030
WHEREAS, the Applicant, Lowe's HIW, Inc. has requested a Conditional Use Permit to allow
outdoor displays in the front of their store in the Grafton Station shopping center located in Area H of
Dublin Ranch; APN 985-0036-009; and
WHEREAS, the proposal includes the display of building materials, plant materials, accessory
structures, patio furniture, barbeques and other similar items along the front of the store; and
WHEREAS, the proposal includes a 3'4" masonry screen wall with accent trees to screen a
portion ofthe display areas from view; and
WHEREAS, the Planning Commission has determined that the area should be used for display
only and that the display of building materials, fertilizer, soil, accessory structures and similar items are
not appropriate for an outdoor display; and
WHEREAS, the Planning Commission has determined that the area should be used for attractive
displays only and should not be used to store any items at any time; and
WHEREAS, the application has been reviewed in accordance with the provisions of the California
Environmental Quality Act (CEQA) and this project was found to be exempt under the CEQA Guidelines
Section 15301 as it is a comparable use to a building and requires no alteration; and
WHEREAS, the Planning Commission held a Study Session on said application on June 27, 2006;
and
WHEREAS, the Planning Commission held a public hearing on said application on July 25, 2006;
and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to make a decision.
ATTACHMENT 5
NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby
find that:
A. The proposed outdoor display use is compatible with other land uses, transportation and
service facilities in the vicinity because 1) the proposed display is for a home improvement
warehouse and the display items are related to items which are sold inside of the store; 2)
the outdoor display items will be limited in order to prevent the storage of items outside
which can be unsightly or unsafe to the Public; 3) the display of items outside of a building
is a Conditional Use in the Planned Development and requires review and approval by the
Planning Commission; 4) the proposed display is located at the front of the store and will
not be located in the parking lot or in any area that has not been identified on the Site Plan
(Sheet A-2) included in the Conditional Use Permit drawings; 5) the Lowe's building will
be located in a shopping center and the display of items which are for sale is consistent with
the intent and use of a shopping center.
B. The proposed outdoor display will not adversely affect the health or safety of persons
residing or working in the vicinity or be detrimental to the public health safety and welfare
because 1) the proposed displays will comply with all City of Dublin regulations; 2) the
outdoor display area will be located in an existing shopping center and the use is
compatible with existing uses in the center and in the vicinity; 3) the type of materials
which may be stored outside have been limited to prevent the stacking of materials or
materials to prevent safety hazards and promote a more pedestrian friendly environment;
and 4) as conditioned, the property owner and store managers will be required to ensure that
the display area does not impede ingress or egress to the store and will comply with all
Americans with Disabilities Act (ADA) regulations.
C. It will not be injurious to property or improvements in the neighborhood because 1) the
outdoor display will comply with all City of Dublin regulations; 2) as conditioned, the
outdoor display will be compatible with the uses in the Grafton Station Shopping Center;
and 3) as conditioned, the property owner will be required to maintain a low screen wall
and accent trees as shown on the project plans to screen views of the displays.
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to
the public health, safety and welfare because I) the proposed outdoor display area will be
located in a shopping center and adjacent to a building; and 2) the shopping center and
building will be designed to accommodate retail uses and the proposed use fits in with the
intended uses of the center.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed because 1) the outdoor display will be located adjacent to
a building in an shopping center which is designed to support a variety of retail uses; 2) the
display will be located at the front of the store and will only be located on a portion of the
front area of the store and an adequate area will be left open for access to the store and
various areas throughout the front of the store; 3) as conditioned, the outdoor display area
will be used to display items which are for sale at the Lowe's store and will not be used to
store building materials or other items which the Planning Commission has determined are
not appropriate for the front of a store in the City of Dublin; and 4) in order to minimize
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impacts to the aesthetics of the building or shopping center, the Applicant and/or property
owner is required to install and maintain low screen walls with accent trees as shown on
Sheet A-2 ofthe project plans.
F. It will not be contrary to the specific intent clauses, development regulations or
performance standards established for the zoning district in which it is located because 1)
the proposed use is a Conditional Use in the Planned Development in which it is located
and is a permitted use when the required findings as stated in Section 8.100.060 of the
Dublin Zoning Ordinance can be made; 2) the proposed outdoor display is compatible with
the anticipated uses in the shopping center and therefore meets the requirements of the
Dublin Zoning Ordinance; and 3) the limited types of displays are compatible with the
shopping center.
G. It is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan because
I) the proposed use is permitted with a Conditional Use Permit and meets the intentions of
the Planned Development in which it is located; 2) the outdoor display area will be used in
conjunction with a regional serving shopping center and therefore will meet the intent of
the Eastern Dublin Specific Plan; and 3) the use of this building and the outdoor display are
is typical of a regional serving retail use which is consistent with the General Plan land use
designation of General Commercial.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve PA 05-030,
Conditional Use Permit, to allow outdoor displays at the front of the Lowe's building subject to the
following Conditions of Approval:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subject to review and approval by the City of
Dublin. The following codes represent those departments/agencies responsible for monitoring compliance
of the conditions of approval: [PL.] Planning, [B] Building, [PO] Police, [DSR] Dublin San Ramon
Services District and [F] Alameda County Fire Department.
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
PLANNING CONDITIONS
1. This Conditional Use Permit approval for PA 05-030 PL Ongoing Standard
is to allow an outdoor display at the Lowe's Home
Improvement Store in the Grafton Station Shopping
Center. This approval shall generally conform to the
proj ect plans and statements stamped approved,
consisting of photographs and a site plan (received by
the Planning Department on Mav 11, 2006).
2. Permit Expiration and Time Extension. Approved PL One year DMC
use shall commence or demonstrate substantial from date of 8.96.020.D
progress toward commencement within one (1) year of approval andE
CUP approval. Otherwise, the CUP shall lapse and
become null and void, in which case a new application
must be made and nrocessed. The original annrovinl!
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NO
3.
4.
5.
6.
7.
8.
9.
10.
11.
CONDITION TEXT
decision-maker may grant a time extension for a period
no longer than six (6) months given that the Applicant
submits a written request for an extension of approval
prior to expiration and that any Conditions of
Approval remain adequate to assure that applicable
findings of approval will continue to be met. Disputes
over permit expiration and time extension requests
may be publicly noticed and heard before the City
Council.
Approval Period. This Conditional Use Permit
approval shall be null and void in the event the
approved use fails to be established within one year, or
ceases to onerate for a continuous one-Year neriod.
Effective Date. This Conditional Use Permit approval
is contingent upon the approval of the related Stage 2
Planned Development Rezoning and Site Development
Review. If the Stage 2 Planned Development
Rezoning and Site Development Review are not
approved this Conditional Use Permit approval shall
become null and void.
Annual Review. On an annual basis, this Conditional
Use Permit approval may be subject to a review by the
Planning Manager to determine compliance with the
Conditions of Apnroval.
Revocation. This permit shall be revocable for cause
in accordance with Dublin Zoning Ordinance Section
8.96.020.1, Revocation. Any violation of the terms of
the terms and conditions of this permit may be subject
to the issuance of a citation.
Minor amendments. Modifications or changes to this
Conditional Use Permit approval may be considered
and approved by the Community Development
Director, if the modifications or changes proposed
comply with Section 8.100.080, of the Zoning
Ordinance.
Site Development Review. The Applicant and/or
Property Owner shall also comply with all Conditions
of App!:oval asso^~iated with the Site Development
review (P A 05-030) for this store.
Nuisance. The Applicant shall control all business
activity so as not to create a public or private nuisance
to the existing and surrounding businesses and
residents.
Storage of Items. At no time shall the outdoor display
area be used to store any items. This Conditional Use
Permit applies only to the display of items which are
available for sale inside the store.
Building Materials. At no time shall building
materials such as drywall, plywood, blocks, bricks,
roofing materials or any other similar item be located
in the outdoor disnlay area.
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RESPON.
AGENCY/
DEPART.
PL
PL
PL,PO
PL
PL
PL
PL
PL
PL
WHEN
REQUIRED
On-going
Approval of
Stage 2 and
Site
Development
Review
On-going
On-going
On-Going
On-going
On-going
On-going
On-going
SOURCE
Planning
Planning
Planning
DMC
8.96.020.1
DMC
8.100.080
DMC 5.64
DMC
5.28.020
Planning
Planning
NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
12. Landscape Materials. At no time shall landscape PL On-going Planning
materials such as soil, fertilizer, mulch, gravel or any
other similar item be located in the outdoor display
area. This condition does not apply to plant materials
such as trees, shrubs, flowers or any other similar item.
13. Storage Buildings. At no time shall storage buildings, PL On-going Planning
accessory structures or sheds be located in the outdoor
display area.
14. Screening. Screening of the outdoor display area, as PL On-going Planning
shown on Sheet A-2, shall also be provided. The low
walls and trees shall be maintained and shall not be
removed for the life of the building or the display of
items unless the removal has been approved by the
Conditional Use Permit. No trees along the front of the
building shall be removed unless the tree will be
replaced with the same soecies.
15. Access. The outdoor display area at no time should PL,B On-going Building
block or impede the ingress or egress or disabled
access areas. A clear space from the building fa~ade to
the parking area shall be maintained at all times. This
clear space is required for the width of the exiting
system.
16. Outdoor Display Plan. A revised outdoor display PL Issuance of Planning
plan which shows compliance with Conditions of Building
Approval No. 9-14 shall be submitted to the Permits
Community Development Department prior to
issuance of a Building Permit.
17. Customer Pick-Up. At no time shall items be stored PL On-going Planning
outside for customer pick-up. These items may be
located outside for a maximum period of one hour and
must be placed in the designated pick-up location (as
indicated on the site plan). There shall not be any items
store outside in this area overnight.
18. Parking Lot. At no time shall the parking lot be used PL On-going Planning
to display any items without first obtaining a
Temporary Use Permit from the Planning Division.
The Parking Lot shall not be used to store any items at
any time.
19. Theft Prevention. The Applicant shall work with the PO On-going Planning
Dublin Police Department on an ongoing basis to
establish an effective theft prevention and security
program for the outdoor disolay area.
20. Education. Each store manager shall be given a copy PL On-going Planning
of these Conditions of Approval and shall be trained
on compliance with the Conditional Use Permit
conditions.
21. Temporary Signage. All temporary signage shall PL On-going Chapter
comply with City of Dublin Regulations. No banners 8.84 of the
or other signage shall be installed, for permanent or Dublin
temporary purposes, prior to obtaining approval from Zoning
the Planning Division. Ordinance
22. Parking Lot Sales. Any outside events, including PL On-going Planning
promotional sales, parking lots sales and seasonal sales
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NO CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
including Christroas tree sales, shall be subject to the
Temporary Use Permit requirements contained in the City
of Dublin Municioal Code, soecificallv Section 8.108.020.
23. Compliance. ~ailure to comply with these conditions PL On-going Chapter
may result In enforcement by the Community 8.144 of
Development Department in accordance with Chapter the Dublin
8.144 of the Dublin Zoning Ordinance. Zoning
Ordinance
PASSED, APPROVED AND ADOPTED this 25th day of July 2006 by the following vote:
Planning Commission Chair
ATTEST:
Planning Manager
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