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HomeMy WebLinkAboutPC Reso 85-005 PA 85-004 Steve Doty request to modify previously approved CUP RESOLUTION NO. 85-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 85-004, STEVE DOTY CONDITIONAL USE PERMIT, A REQUEST TO MODIFY THE PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PA 84-054) 6301 SCARLETT COURT WHEREAS, Steve Doty, representing Lew Doty filed an application for a Conditional Use Permit to establish a Cadillac dealership at 6301 Scarlett Court; and WHEREAS, the Planning Commission did hold a public hearing on said application on 9/17/84; 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 approved; and WHEREAS, the Planning Commission did conditionally approve said application in 9/17/84; and WHEREAS, Steve Doty submitted a new Conditional Use Permit application to modify certain conditions contained within PA 84-054; and WHEREAS, the Planning Commission did hold a public hearing on said application on 2/19/85; and WHEREAS, a Staff record was submitted recommending the application be conditionally approved; 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, the Planning Commission did hear and consider all said reports, recommendations and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: • a) The use is required by the public need to provide new and used automobiles to the general public; b) The use will be properly related to other land uses and transportation and service facilities in the vicinity as daytime activities will be commersurate with present use of properties in the Industrial Zoning District; c) The use, if permitted, under all the circumstances and conditions of this particular case, wil 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; DP 83-20 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 a new and used car dealership with limited impacts is consistent with the character of the industrial district; e) The use of a new and used car dealership will be consistent with the.preliminary policies contained in the Revised Draft General Plan, specifically as follows: 1) The area is designated for Business Park/Industrial: Outdoor Storage which includes retail activities conducted outdoors. 2) Guiding Policy 2.2.2 states "Keep automobile dealers in Dublin". f) There is little or no probability that the use will be detrimental to or interfere with the future General Plan, should the use ultimately be inconsistent with the future General Plan BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said application subject to materials labeled Exhibit "B" on file in the Dublin Planning Department and subject to the following conditions: Unless otherwise specified, all conditions shall be complied with prior to May 18, 1985 1) The street improvements shall be completed as directed by the City Engineer. 2) A revised grading plan, if necessary, shall be prepared for review and approval by the City Engineer. Minimum paved area slope shall be 1% and the maximum slope shall be 5%. A gutter shall be provided where water flows along curbs. Inlets adjacent to curbs shall have curb openings. Drainage calculations will be required to be prepared by a registered Civil Engineer to verify the pipe sizing within the project. A grading permit will be required. 3) Improvement plans for all public improvements shall be prepared for the review and approval by the City Engineer. 4) An Encroachment Permit shall be required for all public improvements. 5) The illegal sheds and office trailer shall be brought into compliance or removed per the direction of the Building Official. 6) A final landscape and irrigation plan shall be approved by the Planning Department. 7) A solid wall or fence shall be provided along that portion of the property line that corresponds to the Phase I application. Said fence details to be approved by the Planning Department. 8) A final lighting plan with footcandle details shall be approved by the Planning Department. 9) Only one freestanding sign shall be allowed. The proposed car dealership sign shall be a maximum height of 20', and shall not be located in the 20' front yard setback. 10) Performance and warranty bonds for the required public and private improvements shall be submitted for review and approved by the City Engineer and the Planning Department. 11) The pavement surface shall be asphalt as opposed to chipseal. • DP 83-20 n ^ 12) The improvements shown along the west property line can be delayed until 60 days or after the overhead lines are underground. If the improvements are not installed within 60 days, assurance needs to be provided from the applicant and PG & E that the PG & E lines will actually be underground. 13) The applicant shall provide liability insurance to indemnify the City within 15 days. The amount, form and language of the insurance shall be subject to review and approval by the City Attorney. 14) A complete Site Development Review application shall be submitted within 90 days. 15) Progress shall be shown in installing the required improvements by March 18, 1985. 16) This approval is valid until 2/19/86 and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 19th day of February, 1985. AYES: Cm. Alexander, Petty, Mack NOES: Cm. Barnes ABSENT: Cm. Raley IL- 1/49-'`'-i -^-2)'— Pla ping Commission Chairman AT' EST: LL PlanningiDir'c 4110 DP 83-20