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HomeMy WebLinkAboutPC Reso 89-034 PA 88-139 request for Crown Chevrolet � r1 RESOLUTION NO. 89 - 034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 88-139 CONDITIONAL USE PERMIT REQUEST FOR THE CROWN CHEVROLET ON GOLDEN GATE DRIVE SOUTH OF 7544 DUBLIN BOULEVARD WHEREAS, Pat Costello, on behalf of Crown Chevrolet, filed a Conditional Use Permit request for a proposed exterior car storage area for the Crown Chevrolet Auto Dealership by the creation of a new 108'+ x 400+ area (the "Project"); and WHEREAS, the adopted City of Dublin Zoning Ordinance provides in part for the establishment of an automobile, camper, boat and trailer sales, and storage lot as a Conditional Use; and WHEREAS, Ordinance 44-87, an Ordinance of the City of Dublin establishing right-of-way lines, was adopted by the City Council and became effective on October 28, 1987; and WHEREAS, Ordinance 44-87 makes it unlawful to construct any building or structure, as defined therein, within the right-of-way established pursuant to Ordinance 44-87; and WHEREAS, the City Council adopted an ordinance establishing the right- of-way lines for a future road parallel to and southerly of Dublin Boulevard, and a portion of such right-of-way line falls within the subject property; and WHEREAS, Ordinance 11-88, an ordinance requiring dedication and improvement of right-of-way, requires that no Conditional Use Permit shall be issued in connection with the construction of any building or structure on any lot, the use of such building or structure will result in an increase in traffic on the street or streets upon which such lot abuts or will abut unless the area within the future right-of-way lines of such lot has been granted to the City; and WHEREAS, the off-street vehicular storage proposed for this property is not required for the use of this or any other property and is therefore not included in the definition of building or structure in Ordinance 44-87 and Ordinance 11-88; and WHEREAS, a traffic study was prepared by the City's traffic engineer, the results of which indicate that additional traffic associated with this Conditional Use Permit is not significant; and WHEREAS, the Planning Commission did hold a public hearing on said application on April 17, 1989, June 5, 1989 and July 5, 1989; 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 a Negative Declaration has been adopted (Planning Commission Resolution No. 89-033) as the project will not have a negative effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit 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 proposed land use, as conditioned, is appropriate for the subject property in terms of being compatible to 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 that: a) Construction of the new vehicle storage lot area serves the public need by providing for the expansion of an existing automobile dealership facility. -1- b) The use will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed uses will be compatible to said land uses, and 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 clause on performance standards established for the district in which it is to be located, due to the Planning Commission determination that the project is of a "temporary" nature and not subject to the same level of review as "permanent projects. e) The approval of the project as conditioned is in the best interest of the public health, safety and general welfare. f) General site considerations, as conditioned, including site layout, orientation, vehicular access, circulation and parking, have been designed to provide a desirable environment for the development. g) General project landscaping provisions for irrigation, maintenance and protection of landscaped areas and similar elements as modified by the Planning Commission, have been considered to insure visual relief and to provide an attractive environment to the public. h) The project, as conditioned, is consistent with the policies contained in the City's General Plan and Downtown Specific Plan, based on the Planning Commission's determination that the use is of a "temporary" nature and the use does not qualify as a "parking lot". i) The project is not a "building or structure" within the meaning of Ordinance 44-87 or Ordinance 11-88 and the project would not significantly increase traffic to a level which would necessitate the dedication of future right-of-way under Ordinance 11-88. The project can therefore be approved in the proposed location and without dedication of right-of-way. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby conditionally approve Conditional Use Permit application PA 88-139 as shown by materials labeled Exhibit A, on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of grading permits and shall be subject to Planning Department review and approval. 1. Development of the vehicular storage and employee/customer parking areas shall generally conform with the plans prepared by Plummer & Babbit Civil Engineering, Inc., consisting of 1 sheet dated received by Dublin Planning May 16, 1989 and literature from Holophane Somerset area luminaires consisting of 5 sheets, and dated received by Dublin Planning Department November 18, 1988. Collectively, these materials shall serve as "Exhibit A" for this project and shall be maintained on file with the Planning Department. Development of the exterior vehicle storage area shall reflect the changes called for in these Conditions of Approval. 2. Approval for the Conditional Use Permit shall be until July 15, 1990. The approval period for the Conditional Use Permit may be extended for up to two one-year extensions (Applicant must submit a written request for the extension prior to the expiration date of the Conditional Use Permit) by the Planning Director upon his determination that the Conditions of Approval remain adequate to assure that the above stated findings will continue to be met. If construction of the project has not commenced by July 15, 1990, this approval shall be null and void. Development shall be subject to the listed conditions below. 3. Site Development Review approval for this project shall be secured prior to issuance of any construction permits. -2- 4. This Conditional Use Permit shall provide storage/parking for up to a maximum of 118 vehicles. 5. All two-way travel aisles shall be a minimum width of 25 feet and one way aisles shall be a minimum width of 20 feet. Full sized parking spaces shall be a minimum of 18 feet in length and 9 feet in width. Compact spaces shall be a minimum length of 16 feet and width of 8 feet. Up to 35% of the parking may be for compact cars. All spaces for compact cars shall be marked for "small car" or "compact car" . 6. No parking is permitted within the public right-of-way. 7. This Conditional Use Permit shall be void if any of the terms or conditions of the permit are violated. Any violation of the terms or conditions of the permit shall be subject to Citation. ARCHAEOLOGY 8. If, during grading activities, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. DRAINAGE 9. A grading and drainage plan shall be prepared and shall be submitted for review and approval by the City Engineer. Calculations (hydraulic) shall be prepared by the Developer for review by the City Engineer to determine the sizing of the drainage lines. The minimum and maximum gradients of the new parking area should be subject to review and approval by the City Engineer. 10. Concentrated drainage shall not be directed onto adjacent properties, sidewalks and driveways. 11. Where storm water flows against a curb, a curb with gutter shall be used. The flow line of all asphalt paved areas carrying waters shall be slurry sealed at least three feet on either side of the center of the swale. DEBRIS/DUST/CONSTRUCTION ACTIVITY 12. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Developer shall keep adjoining public streets free and clean of project dirt, mud and materials during the construction period. The Developer shall be responsible for corrective measures at no expense to the City of Dublin. Areas undergoing grading, and all other construction activities, shall be watered, or other dust-palliative measures used, to prevent dust, as conditions warrant. EASEMENTS 13. The developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for improvements or construction activity required outside of the subject properties. Copies of the easements and/or rights-of-entry shall be furnished to the City Engineer. FIRE PROTECTION 14. Prior to issuance of construction permits, the Developer shall supply written confirmation that the requirements of the Dougherty Regional Fire Authority have been, or will be, met. GRADING AND PAVING 15. A grading permit shall be obtained from the Public Works Department for all on and off-site grading. -3- 16. The parking and driveway surfacing shall be gravel upon a base rock. City Engineer shall retain review authority of the project's structural pavement design. The Developer shall, at his sole expense, make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the City Engineer. 17. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way. LANDSCAPING AND IRRIGATION PLANS 18. A detailed Landscape and Irrigation Plan (at 1 inch — 20 feet or larger), along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Planning Director. 19. A 10 foot wide landscaping strip shall be installed along both the west and east property boundaries of the property and shall include 15-gallon sized trees (with a minimum planting ratio of one tree at 25 linear feet) and shall also include clumped plantings of shrubs (with a minimum planting ratio of one shrub at 5-linear feet). LIGHTING 20. Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties and should provide a minimum of one foot candle of light at ground level for the entire storage/parking area. Photometrics for area lighting shall be submitted to the Planning Department and the Dublin Police Services for review and approval prior to the issuance of a grading permit. STORAGE AND EXTERIOR ACTIVITIES 21. With the exception of storage of vehicles and minor vehicle preparation work, no exterior demonstrations, displays, services, or other activities shall occur in the new vehicle storage parking area. 22. Washing vehicles with any type of detergent or cleaning agent other than water is not permitted. MISCELLANEOUS 23. All improvements shall be installed as per the approved landscaping and irrigation plans and the drainage and grading plans prior to use of the proposed vehicle storage area. 24. A Master Striping Plan for the proposed vehicle storage area and adjoining parking and driveway areas shall be prepared and submitted by the Developer for review and approval by the Planning Director. This plan shall detail all striping and driveway aisle locations. 25. A parking plan for the entire car dealership facility shall be prepared and submitted by the Developer detailing the number and location of the following assigned parking areas: car dealership customer parking, employee parking, service customer parking, and vendor/visitor parking. 26. Approval from ACFC & WCD - Zone 7 shall be secured by the Developer for connection into their storm drainage system. 27. There will be no vehicle parking or storing of materials located on the undeveloped southern one acre portion of the project site. PASSED, APPROVED AND ADOPTED this 5th day of July, 1989. AYES: Commissioners Barnes, Burnham, n and Zika NOES: None ABSENT: Commissioner Mack (n', anni g Commi erson Planning Director -4-