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.
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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.
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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
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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
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'-.., .
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