HomeMy WebLinkAboutItem 8.1 PA 90-025 Valley Nissan/ Dodge CUP6
TO:
FROM:
PREPARED BY:
SUBJECT:
CITY F DUBLIN
PLANNING COMMISSION
AGENDA STATEMINT/STAFF REPORT
Meeting Date: January 7, 1991
Planning Commission
Planning Staff
David K. Choy, Associate Planner
GENERAL INFORMATION:
PROJECT:
APPLICANT/
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
SURROUNDING LAND
USE AND ZONING:
PA 90-025 Valley Nissan/Dodge CUP at
Scarlett Court
5787
Conditional Use Permit request to allow the
outdoor storage of new vehicles from the
adjacent Valley Nissan/Dodge Automotive
Dealerships on the western portion of the
+1.8 acre site
Bruce Qvale
Valley Nissan/Dodge
6015 Scarlett Court
Dublin, CA 94568
5787 Scarlett Court
941-550-28
± 1.8 acres
Business Park/Industrial: Outdoor Storage
M-1, Light Industrial District
North:
South:
East:
West:
M-1, Southern Pacific Railroad
right-of-way
M-1, Scarlett Court/I-580
M-1, Southern Pacific Railroad
right-of-way/84 Lumber
M-1, Valley Nissan/Dodge
ITEM NO. O.1
COPIES TO: Applicant
Owner
Address File
0001
ZONING HISTORY:
PA 86-073:
PA 87-010:
On September 25, 1986, the Planning Director
approved a Site Development Review for Doty
Auto Repair/Service.
On April 6, 1987, the Planning Commission
approved a Conditional Use Permit to allow
auto/truck repair and servicing and the
outdoor storage of automobiles. The
Conditional Use Permit expired on April 16,
1990.
APPLICABLE REGUL 9JS:
Section 8-51.31 1) of the Zoning Ordinance authorizes the
Planning Commission to approve Conditional Use Permits for uses
not specifically permitted in the M-1 District, provided the uses
meet the intent of the district.
Section 8-94.0 states that conditional uses must be anlayzed
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 performance standards established for the
district in which it is located.
ENVIRONMENTAL REVIEW: This project has been found to be
Categorically Exempt from CEQA under Section 15301, Class 1 of
the California Environmental Quality Act Guidelines.
NOTIFICATION: Public Notice of the January 7, 1991 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
ANALYSIS:
The Applicant is requesting approval of a Conditional Use
Permit to allow the outdoor storage of automobiles from the
adjacent Valley Nissan/Dodge dealerships on the western portion
of the approximate 1.8 acre site. The use is currently operating
without an approved Conditional Use Permit pending Planning
Commission action on this application. The Applicant's proposal
also includes utilizing the existing 9,840 square foot building
on -site for the storage of vehicles.
The previous Conditional Use Permit for this site (PA 87-
010) permitted both automotive repair work within the existing
building and outdoor vehicular storage. This Conditional Use
-2-
Permit expired on April 16, 1990. The Applicant submitted an
application to renew the Conditional Use Permit prior to the
expiration date, proposing the same two previously approved uses,
but was delayed in completing the application because of on -going
environmental work occurring on -site.
The environmental work was required because an underground
fuel tank was removed from the east portion of the site
approximately one year ago, revealing extensive soil and ground
water contamination in the immediate area. A remediation plan,
monitored by the Alameda County Health Services Department, has
been established to remove the residual traces of hydrocarbon
present in the soil. This environmental work is expected to take
several more months to complete. This has rendered the east
portion of the site uninhabitable, limiting the usefulness of the
subject parcel.
At the present time, the Applicant is unable to utilize the
site for both of the previously approved uses. The application
for a Conditional Use Permit to utilize the site exclusively for
automotive storage will satisfy the City's requirement for
outdoor storage and allow the Applicant a reasonable use of the
occupiable portion of the site. Both the outdoor storage area
and the existing building will be used for automotive storage
only, with no work of any kind permitted (including washing and
detailing of vehicles). Staff is recommending the storage of
vehicles outside be limited to the thirty-four striped,
designated parking spaces on the west side of the site (see
Exhibit A - Staff Study dated November 19, 1990). In addition,
"No Parking" signs and red curbs will be utilized to the
satisfaction of Dougherty Regional Fire Authority to maintain
adequate emergency vehicle access and turnaround on site.
A fence, or other appropriate barrier, shall be installed to
separate the occupied, west portion of the site from the
unoccupied, east area under repair. Said fence will remain in
place until the remediation plan is completed, and the area is
restored to its approved condition (per PA 86-073 Site
Development Review). When the remediation plan is completed, and
the site restored to its approved condition, any additional light
industrial uses proposed in conjunction with the automotive
storage on site will require approval of a new Conditional Use
Permit. Should the outdoor storage use be abandoned after the
site is restored, permitted or conditionally permitted uses for
the M-1, Light Industrial District can be considered for this
site.
The proposed project is an appropriate use within the M-1,
Light Industrial District, and is in conformance with all
applicable regulations of the Zoning Ordinance. The Applicant's
proposal has been reviewed by other City departments and affected
public agencies and all applicable conditions of approval have
been incorporated into the draft resolutions. Staff recommends
-3-
0UO3
RESOLUTION NO. 90 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-025 VALLEY NISSAN/DODGE CONDITIONAL USE PERMIT REQUEST
FOR VEHICLE STORAGE IN THE M-1 ZONING DISTRICT AT 5787 SCARLETT COURT
WHEREAS, Bruce Qvale, representing Valley Nissan/Dodge, filed an
application for a Conditional Use Permit to allow outdoor auto storage
at 5787 Scarlett Court; and
WHEREAS, the Planning Commission held a public hearing on said
application on January 7, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be categorically exempt under Section 15301, Class 1; 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 hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The establishment of an outdoor vehicle storage yard serving
adjacent auto dealerships serves the public need by offering
a range of services for the community.
B. The use would be properly related to other land uses and
transportation and service facilities in the vicinity, as
activities will be commensurate with existing use of
properties in the M-1 Zoning District.
C. The use, if permitted under all circumstances 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 detrimental 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 contrary to the specific intent clauses
or performance standards established for the district in
which it is to be located, as the outdoor storage of
automobiles is consistent with the character of the M-1,
Light Industrial District.
e. The approval of the Conditional Use Permit will be
consistent with the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 90-025 as generally depicted by
materials labeled Exhibit A on file with the Dublin Planning
Department, subject to the following conditions and conditions of
approval for PA 86-073 Doty Site Development Review:
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 Planning Department review and approval.
1. PA 90-025 Valley Nissan/Dodge Conditional Use Permit shall
be limited to the outdoor storage of vehicles from the
adjacent Valley Nissan/Dodge Automotive Dealerships on the
west portion of the site.
2. This Conditional Use Permit is subject to compliance with
Conditions of Approval for the related Site Development
Review permit PA 86-073.
3. Occupancy of the building shall be limited to that activity
which is necessary for moving vehicles into and out of the
storage area. No work, or other activity, is permitted
within the building or within the outdoor storage area
(including washing and detailing of vehicles).
4. All signs shall be subject to the requirements of the sign
regulations and Zoning Ordinance.
5. With the exception of storage of vehicles, no exterior
demonstrations, displays, services, or other activities
shall occur outdoors.
6. Exterior storage of vehicles must occur within the 34
striped, designated parking stalls on the west side of the
site, unless more spaces can be demonstrated on a striping
plan.
7. The Applicant shall submit a signing and striping plan for
vehicle access, parking and fire lanes on site for review
and approval by Dougherty Regional Fire Authority and
Planning Director.
8. The Applicant shall comply with all applicable Dougherty
Regional Fire Authority requirements, including, but not
limited to the following:
a. Fire extinguishers shall be placed every 75 feet of
travel distance within the building. Each extinguisher
shall be of a 2A-10BC rating.
b. Approved numbers and addresses shall be placed on the
building in such a position as to be plainly visible
and legible from the road fronting the property.
- 2 -
c. No parking shall be allowed in front of the on -site
fire hydrant; this area shall be posted and the curb
painted red.
d. "No Parking" signs shall be posted along the interior
roadway to the satisfaction of the Fire Chief. This is
to maintain adequate access to the building and the
rear of the site.
9. Within sixty (60) days of approval of this project, and
prior to the establishment of the use, the following
improvements to the west portion of the site shall be
completed:
a. The applicant shall repair all damaged pavement, curb
and gutter areas as directed by the City Engineer.
b. The flow line of all asphalt paved areas carrying water
shall be slurry sealed at least three feet on either
side of the center of the swale.
c. A fence, or other appropriate barrier, shall be
installed to separate the occupied, west portion of the
site from the unoccupied, east area under repair. Said
fence shall remain in place until all improvements have
been completed to the satisfaction of the City
Engineer.
d. The existing landscape irrigation system shall be
tested to ensure it is in good working order. Any
damaged irrigation shall be repaired or replaced.
e. The applicant shall submit a written plan to the Public
Works Director that shows how irrigation will be
protected from parking cars.
f. All damaged or dead landscaping shall be replaced.
10. Once the remediation plan has been completed, the east
portion of the site shall be restored to its approved
condition, including but not limited to the following items:
a. Replace the missing pavement section at the northeast
area of the parking lot with .25' AC and .55' Class II
A.B.
b. Replace the missing valley gutter at the northeast area
of the parking lot with the same flow line elevations
shown on the as -built plans.
c. Install curb and gutter at all locations where the curb
contains concentrated flow.
d. Install a wood gate for the trash enclosure in
conformance with the as -built plans.
3
e. Grade the eroded landscape area along the east side of
the entrance road in conformance with Section "A" of
the as -built plans.
11. The existing landscape areas shall be properly maintained in
a viable and well kept manner.
12. The Applicant/Owner shall sign and submit a copy of the City
of Dublin Landscape Maintenance Agreement (attached).
13. The Applicant shall work with the Dublin Police Services
Department on an ongoing basis to establish an effective
theft prevention and security program, including, but not
limited to:
a. An exterior lighting plan for the parking lot.
b. Appropriate method of restricting access to the lot
during evening/non-working hours.
14. The Applicant shall be responsible for clean-up and disposal
of project related trash to maintain a clean and litter -free
site.
15. No loudspeakers or amplified music shall be permitted
outside the enclosed building.
16. On an annual basis, the Conditional Use Permit shall be
subject to Zoning Investigator review and determination as
to the compliance with the conditions of approval.
17. This approval shall become null and void, in the event the
approved use ceases to operate for a continuous period of
one year.
18. This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any
violation of the terms of conditions of this permit shall be
subject to citation.
PASSED, APPROVED AND ADOPTED this 7th day of January, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
4
Planning Commission Chairperson
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