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HomeMy WebLinkAboutPC Reso 90-065 PA 90-074 Chrysler Realty Corp Auto Sa;es and service RESOLUTION NO. 90 - 065 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-074 CHRYSLER REALTY CORPORATION AUTO SALES AND SERVICE CONDITIONAL USE PERMIT AT 6451 SCARLETT COURT WHEREAS, Thomas Sholes, on behalf of the Chrysler Realty Corporation, filed a Conditional Use Permit to operate an auto sales and service facility at 6451 Scarlett Court; and WHEREAS, the Planning Commission did hold a public hearing on said application on November 5, and November 19, 1990; 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 has been found to be categorically exempt from the provisions of CEQA pursuant to Section 15301 (a)(h), Class 1 of the State CEQA guidelines because the project will consist of the operation and minor repair and maintenance of an existing structure involving no expansion of the use beyond the previously existing use; 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; and WHEREAS, the subject property abuts to Scarlett Court, an existing City street; and WHEREAS, City Ordinance No. 12-88 established the right-of-way lines for the extension of Dublin Boulevard between Dougherty Road and the Southern Pacific Railroad right-of-way, and for a street connecting the Dublin Boulevard extension with Scarlett Court, and the project is partially located in the adopted right-of-way of the Dublin Boulevard extension; and WHEREAS, the existing building is nonconforming because it is partially located within the adopted right-of-way line for the Dublin Boulevard Extension; and WHEREAS, the Applicant is not proposing to extend, enlarge or structurally alter the building, therefore, the building can be used for a permitted or conditionally permitted use; and WHEREAS, approval of this Conditional Use Permit will not affect or preclude the acquisition of the property for the Dublin Boulevard Extension; and - 1 - WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible with existing land uses in the area and will not overburden public services. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. The proposed project will serve a public need by providing additional automobile sales and service in the City of Dublin. B. The use will be properly related to other land uses and transportation and service facilities in the immediate vicinity, as the proposed use will be compatible to said land uses, transportation and service facilities in the immediate vicinity. C. The use will not materially adversely affect 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 neighborhood, 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 proposed use is compatible with the adjacent general commercial and retail business district uses. E. The project is consistent with the policies contained in the City's General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve Conditional Use Permit application PA 90- 074 as shown in Exhibit A, subject to the following conditions: 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 90-074 Conditional Use permit approval is for the operation of an auto sales and service facility at the existing building and site as generally shown in Exhibit A, plans prepared by Engineering West, dated received by the Planning Department August 31, 1990. This use will consist of the following: a) automotive vehicle sales and indoor/outdoor car displays; and b) automotive vehicle services (including painting and repair); and c) automotive vehicle sales/parts department. - 2 - 2. The Applicant shall provide and maintain at all times the following type and number of on-site parking spaces: 13 employee parking spaces 12 customer parking spaces 8 service parking spaces 1 handicapped parking space 3. All parking spaces shall be repainted and the customer, employee and handicapped parking spaces shall be double- striped (4-inch-wide stripes, spaced approximately 2 feet apart). The handicapped, customer, employee and compact parking spaces shall be appropriately identified on the pavement. Prior to striping the site, the Applicant shall submit a parking striping plan subject to review and approval by the Planning Director. 4. The Applicant shall remove all existing signs which identify businesses that are no longer in operation. In addition, the Applicant shall submit final sign plans for all new signs in compliance with the City's Sign Ordinance. These sign plans are subject to the review and approval by the Planning Director, and the Applicant shall obtain all necessary building permits. 5. Prior to occupancy of the existing building, the Applicant shall repair all damaged pavement in the parking areas subject to the review and approval by the Public Works Director. 6. The Applicant shall comply with the following Dougherty Regional Fire Authority requirements: a) The area around the perimeter of the building is designated as a 20' fire lane. This fire lane must be properly posted as per the California Vehicle Code Section 22.500.1. b) All hazardous waste, i.e., waste oil, waste anti- freeze, used batteries, etc., must be stored and labeled in accordance with the Alameda County Hazardous Waste guidelines. These guidelines are available through the Alameda County Environmental Health Department. c) Any spray painting must be done in an approved spray booth equipped with an approved automatic extinguishing system. 7. As required by the Dublin Police Department and prior to occupancy of the existing building, all security hardware must comply with the City of Dublin Non-residential Security Requirements (City Ordinance No. 21-89, attached). - 3 - 8. Outdoor storage or display of merchandise is expressly prohibited except when located within the approved car display area, or unless authorized by subsequent Conditional Use Permit or Administrative Conditional Use Permit approvals for special promotional events. All demonstrations, displays, services, and other activities shall be conducted entirely within the structures on the site. No loudspeakers or amplified music shall be permitted outside the enclosed structure. 9. Prior to occupancy or establishment of use, all landscaped areas shall be enhanced and maintained in accordance with previous plans approved November 3, 1986, February 4 and April 7, 1987. 10. All landscaping shall be irrigated by an automatic irrigation system. 11. If a new landscape plan is proposed, which indicates changes in the existing landscape layout, design, or plant type, the Applicant shall submit a detailed landscape and irrigation plan (1 inch = 20 feet scale), including a cost estimate of work and materials, subject to the review and approval of the Planning Director. Landscape plans should indicate the general plant pallet including description of plants, rate of growth, container size, and typical planting and double staking detail. Landscape and irrigation plans shall be signed by a licensed landscape architect. 12. Landscaping at the site shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping at drive aisle intersections shall not be higher than 30" above the curb. 13. The Applicant shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement (attached). 14. Prior to occupancy of the existing building, the Applicant shall supply written confirmation that the requirements of the Dublin San Ramon Services District and Dougherty Regional Fire Authority have been met. 15. This permit shall expire November 30, 1991. 16. 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. 17. To apply for building permits, the Applicant shall submit six (6) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of this Resolution of Approval. The notations shall clearly indicate how all conditions of - 4 - approval will be complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. PASSED, APPROVED AND ADOPTED this 19th day of November, 1990. AYES: Commissioners Barnes, Burnham, Springer, and Zika NOES: None ABSENT: None /�, 1/2 7 / Planning Commiss'on Chairperson ATTEST: Uttitffk-e-C-41-6S Planning Direc - 5 - 21011221 IIIl - amm:wa3an1o,+a 'dtl .n• 00 Av H37S} , NOLLYAON3tl`JNI01lf78 1 ? t IT NINts,V1d NI1 fla ` s� J'Lo-eb c� \� I 0661 IC onv « ,I E a3AI33321 €i W' 1Zrl Is I i - 3 e a 4 t N "t6: R i is 1 E > F \ • c i -\ I'i i i F il -.:1 *** ' 1 \' EXHIBIT / . �;;;;6 t I I 1 I mo..... ••••••. .......\� �• �.�..... 17'01YI.C"'"41/4 17 1oIner° I . w—�-� Y AO1 Yl f0 VCJ Y1• /.11117Y11)D000 tILLYf17:O1 4 w• . 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BETWEEN DOUGHERTY ROAD AND SOUTHERN PACIFIC RICHT-OF-WAY." • , 2) \ . v 40 rl N 1 <.• • . A • ' % -S. •:•:e. 13 :::: 12 I________J L_____J . _ k• . 1:::: 1 :::: ,_,I=1 1 1 c______I • • ix. _I 1— _ 3 i---.1.- 1-. 1 . -:-----,... • - --- ED ___n___J ' . (-.) • . • = X . , • • . rvi • • , 11^1, • .21 7. (0 145 t Sc o,.,..\c.414c Courr• (PPi(:\0-°-1 4). (4,,,,jlitA- R e*Pk e.44 rtc-0-17.01, AN, ' i'kV 19 CITY OF DUBLIN _ � r �/ P.O. Box 2340, Dublin, California 94568 City Offices, 100 Civic Plaza, Dublin, California 94568 CITY OF DUBLIN NON-RESIDENTIAL SECURITY REQUIREMENTS City Ordinance No. 21-89 1988 Building Code Section 4101 1. Doors. Exterior doors which are located at the rear, or side, or away from the primary entrance shall be solid doors with no glazing and shall be installed in metal frames . Exterior wood doors shall be solid wood construction 1 3/4" thick or hollow metal doors. 2. Locking devices. Exterior swinging doors which are exit doors as setforth in Chapter 33 shall have cylinder dead-bolt locks which shall be openable without the use of key, special effort, or knowledge. In Group B occupancies , a double cylinder dead-bolt lock may be used on the main exit door if there is a readily visible, durable sign on, or adjacent, to the door stating, "this door to remain unlocked during business hours. " The sign shall be in letters not less than 1 inch high on contrasting background. When unlocked the single door and both leaves of a pair of doors shall be free to swing without operation of any latching device. Doors which are not exit doors shall have the inactive leaf secured with flush-bolts at the top and bottoms . The bolts shall be hardened steel 1/4" minimum diameter and shall engage a metal strike plate to, a minimum depth of 3/8 inch. The dead bolts shall be hardened steel and shall have a minimum of a one inch throw. If the cylinder of the lock protrudes from the face of the door it shall be fitted with a cylinder ring geared so that it cannot be griped with pliers or other wrenching devices. Vehicle door, overhead doors, and sliding doors shall be secured with metal to metal locking devices which prevent the door from opening. 3 . Strike plates . Strike plates for wood jambs shall be the high security type and shall be secured with a minimum of two wood screws 3" long which shall engage the door studs . 4. Jambs . Inswinging doors with wood jambs shall have rabitted jambs. The jambs on the strike side shall have solid shims above and below the strike plates and the opposite jamb shall have solid shims at the level of the strike plate. Both door studs shall be reinforced with horizontal solid blocking at the approximate height of strike. 5. Hinges. Exterior doors shall have non-removable hinge pins. 6. Sliding glass doors . Sliding glass doors shall comply with Chapter 54. Sliding glass doors shall be fitted with a locking device that shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearances provided for installation and operation. The bolt and strike shall be reinforced by hardened material so as to prevent their separation by pulling, prying or similar attack. An auxiliary locking device shall be installed on the door which may be a pin, lock, or similar device of not less than 1/4" diameter. The pin shall be of hardened Administration (415) 833-6650 • City Council (415) 833-6605 • Finance (415) 833-6640 • Building Inspection (415) 833-6620 Code Enforcement (415) 833-6620 • Engineering (415) 833-6630 • Planning (415) 833-6610 Police (415) 833-6670 • Public Works (415) 833-6630 • Recreation (415) 833-6645 emN material and engage the metal portion of the sliding door. The primary locking device shall be operable by a keyed or code lock inside. Doors with 2 sliding panels shall be locked at the meeting rails and shall have an auxiliary locking device as described above. 8. Windows. All accessible windows which are not located at the front or main entrance side of a non-residential building shall be made secure as follows: a) Sliding glass windows shall be secured on the inside with a locking device capable of withstanding prying or wrenching. An auxiliary lock shall be installed on each sliding window that prevents movement in the sliding track. b) Louvered windows shall not be used within eight feet of ground level, adjacent structures, or fire escapes. c) Casement type windows shall be secured with a metal to metal locking device contacting both frames of the window at the meeting edge. Auxiliary locks such as a pin that penetrates both frame structures shall be installed on casement and double hung windows. d) Windows shall not be located within 40 inches of the locking device of any door not located on the main entrance side of the non-residential building unless the windows are glazed with 1/4" tempered glass. 9. Openable transoms. All exterior openable transoms exceeding 8 x 12 which are not located on the front or main entrance side of a non-residential building shall be protected with a steel grill and 1/4" minimum bars not more than 2" on center or by a screen with 1/8" diameter wire mesh not more than 2" on center mounted on the inside. 9. Roof openings. All skylights on the roof of a non-residential building shall be protected by: a) Iron bars 1/2 inch minimum diameter not more than 8" on center or; b) A screen with 1/8" diameter wire mesh not more than 2" on center. All roof access hatches of non-residential building shall be protected as follows: a) If the hatchway is of wooden material, it shall be covered on the inside with at least 16 gauge sheet steel or its equivalent attached with screws at 6" o.c.; b) The hatchway shall be secured from the inside with a slide bar or slide bolts; c) Outside hinges on all hatchway openings shall be provided with non-removable pins when using pin-type hinges. All air duct or air vent openings exceeding 8" x 12" on the roof or exterior walls of any building or premise used for business purposes shall be secured by covering the same with eitherof the following: a) Iron bars of at least 1/2" round or 1" x 1/4" flat steel material, spaced no more than 8" o.c. apart and securely fastened. 10. Exterior ladders. Exterior ladders to the roof are not permitted. 1/90 THE CITY OF DUBLIN P.O. Box 2340 Dublin.CA 94568 (415)829-4600 STANDARD PLANT MATERIAL, IRRIGATION SYSTEM AND MAINTENANCE AGREEMENT (property owner) do hereby agree that all plants (trees, shrubs and ground cover) will be installed in accordance with the City of Dublin's approved landscape plan for (name of project) located at . (address). All plants will be replaced in 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 henceforth be irrigated, fertilized, weeded and tended on a regular basis such that they will maintain a healthy and weedfree appearance. I further agree that the irrigation system will be installed according to the irrigation plans as approved by the City of Dublin, and that said system will be kept in good working order for at least one (1) year from the date of the landscaping installation. This agreement is binding against this and all property owners of record. Signed: • Date: • 1/83 ORDINANCE NO. 12 -88 - C/ /c- 10/n AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING RIGHT-OF-WAY LINES FOR THE EXTENSION OF DUBLIN BOULEVARD BETWEEN DOUGHERTYCONNECTING THE THESOUTHERN BOULEVARD EXTENSIONIGHT-OF-WAY WITH SCARLETTAND FOR A STREET COURT The City Council of the City of Dublin does ordain as follows: WHEREAS, the City Council adopted a Resolution calling for a public hearing to consider future right-of-way lines for the extension of Dublin Boulevard between Dougherty Road and the Southern Pacific Railroad Right-of-Way and for a street connecting the Dublin Boulevard Extension with Scarlett Court (Resolution No. 41-88) and set a public hearing for April 11, 1988 at 7:30 p.m. to hear objections to the establishment of said right-of-way lines; and WHEREAS, notice of said public hearing was duly given; and WHEREAS, no protests were made either in writing or orally to the establishment of said right-of-way lines; NOW, THEREFORE, the City Council finds and ordains that: Section 1. Right-of-way lines are hereby established for the extension of Dublin Boulevard between Dougherty Road and the Southern Pacific Railroad right-of-way and for a street connecting the Dublin Boulevard extension with Scarlett Court, within the City of Dublin, County of Alameda, State of California, as follows: All that certain real property situate in City of Dublin, State of California, described as follows: Dublin Boulevard Extension A strip of land one hundred and ten (110) feet in width, fifty-five (55) feet (measured at right angles) on either side of the following described centerline: Beginning at a point on the centerline of Dougherty Road at the intersection of the centerline of Dublin Boulevard; thence from said POINT OF BEGINNING, leaving said centerline of Dougherty Road on a prolongation of the centerline of Dublin Boulevard in a northeasterly direction to a point on the west line of the parcel of land described in the deed to D.M. Nohr, etal., recorded March 19, 1984, as instrument number 84-051-707, records of Alameda County, said point being the beginning of a tangent 1000.00 radius curve concave to the south; thence along the arc of said curve to a point 23.50 feet north of, measured at right angles to the south line of Tract 4978 as recorded in Book 145 of Maps at Page 3, records of Alameda County; thence easterly on a course parallel with said south line of Tract 4978 to a point on the southwest right-of-way line of Southern Pacific Railroad and the POINT OF TERMINATION for this description. The side lines of above described right-of-way to be shortened or lengthened to intersect the east line of Dougherty Road or the southwest line of Southern Pacific Railroad. Connector Road - Dublin Boulevard Extension to Scarlett Court Two strip parcels of land running parallel to and adjacent to the Alameda County Flood Control and Water Conservation District land located between Scarlett Court and the southerly boundary of Tract 4978 (Assessor's Parcel Number 941-550-18-3). The easterly line of the westerly parcel being the easterly line of Parcel Map #3000 and the westerly line of the easterly parcel being 31 foot right angle distance easterly of the easterly line of Parcel Map #3000. The n ^ westerly parcel being a uniform width of 32.76 feet, terminating on the south at Scarlett Court and on the north at the proposed Dublin Boulevard Extension. The easterly parcel being a uniform width of 35 feet terminating on the south at Scarlett Court and on the north at the proposed Dublin Boulevard Extension. all as more particularly shown on that certain map entitled "MAP SHOWING RIGHT-OF-WAY LINES FOR EXTENSION OF DUBLIN BOULEVARD BETWEEN DOUGHERTY ROAD AND SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY and that certain map entitled "MAP SHOWING CONNECTOR STREET BETWEEN DUBLIN BOULEVARD EXTENSION AND SCARLETT COURT," dated March 1, 1988, and filed in the office of the City Clerk on March 7, 1988, which map is hereby adopted as a precise plan of said right- of-way lines. Section 2. The effect of said right-of-way lines shall be governed by the provisions of Dublin Ordinance No. 44-87. Section 3. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED this 25th day of April, 1988. AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None __ (Cli Mayoz ATTEST: C�C City Clerk