Loading...
HomeMy WebLinkAboutPC Reso06-22 Appv Lowe's CUP Outdoor Display RESOLUTION NO. 06-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING 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. 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 I) 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 1) 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 I) 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 impacts to the aesthetics of the building or shopping center, the Applicant and/or property 2 owner is required to install and maintain low screen walls with accent trees as shown on Sheet A-2 of the 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 I) 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 P A 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. PLANNINGCONl)ITIONS 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 project plans and statements stamped approved, consisting of photographs and a site plan (received by the Planning Department on May 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. progress toward commencement within one (1) year of approval D and E CUP approval. Otherwise, the CUP shall lapse and become null and void, in which case a new application must be made and processed. The original approving decision-maker mav grant a time extension for a 3 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 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. 3. Approval Period. This Conditional Use Permit PL On-going Planning approval shall be null and void in the event the approved use fails to be established within one year, or ceases to operate for a continuous one-year oeriod. 4. Effective Date. This Conditional Use Permit approval PL Approval of Planning is contingent upon the approval of the related Stage 2 Stage 2 and Planned Development Rezoning and Site Site Development Review. If the Stage 2 Planned Development Development Rezoning and Site Development Review Review are not approved this Conditional Use Permit approval shall become null and void. 5. Annual Review. On an annual basis, this Conditional PL,PO On-going Planning Use Permit approval may be subject to a review by the Planning Manager to determine compliance with the Conditions of Approval. 6. Revocation. This permit shall be revocable for cause PL On-going DMC in accordance with Dublin Zoning Ordinance Section 8.96.020.1 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. 7. Minor amendments. Modifications or changes to PL On-Going DMC this Conditional Use Permit approval may be 8.100.080 considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zoning Ordinance. 8. Site Development Review. The Applicant and/or PL On-going DMC 5.64 Property Owner shall also comply with all Conditions of Approval associated with the Site Development revieW' (P A 05-030) for this store. 9. Nuisance. The Applicant shall control all business PL On-going DMC activity so as not to create a public or private nuisance 5.28.020 to the existing and surrounding businesses and residents. 10. Storage of Items. At no time shall the outdoor display PL On-going Planning 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. 11. Building Materials. At no time shall building PL On-going Planning materials such as drywall, plywood, blocks, bricks, roofing materials or any other similar item be located in the outdoor displav area. 12. Landscape Materials. At no time shall landscape PL On-going Planning materials such as soil, fertilizer, mulch, gravel or any 4 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. 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 snecies. 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 fa9ade to the parking area shall be maintained at all times. This clear space is required for the width of the exiting svstem. 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 pnor 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 overni~ht. 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 display 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 Sign age. 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 including Christmas tree sales, shall be subject to the Temporarv Use Permit reauirements contained in the City 5 NO CONDITION TEXT RESPON. WHEN SOURCE AGENCY/ REQUIRED DEPART. of Dublin Municioal Code, soecificallv Section 8.108.020. 23. Compliance. ~ailure to comply with these conditions PL On-going Chapter may result III 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: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioner King NOES: None ABSENT: Commissioner Biddle ABSTAIN: Commissioner Fasulkey ~c;f/~ Planning Commission Chair ATTEST: G:\PA#\2005\05-030 Lowe's\PC PHlCUP Reso.doc 6