HomeMy WebLinkAboutPC Reso06-03 05-019 Arlen Ness CUP & SDR
RESOLUTION NO. 06-03
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR AUTOMOTIVEIMOTORCYCLE SALES
AND SITE DEVELOPMENT REVIEW FOR THE PERMANENT OUTDOOR DISPLAY OF
MOTORCYCLES AT AN EXISITING RETAIL STORE AT 6050 DUBLIN BOULEVARD
(ARLEN NESS ENTERPRISES, INC.) (APN 941-0550-019-10)
PA 05-019
WHEREAS, Jon Gold, on behalf of Arlen Ness Enterprises, is requesting the approval of a
Conditional Use Permit to allow for the outdoor display and sales of motorcycles at 6050 Dublin
Boulevard; and
WHEREAS, a complete application for the above noted entitlement request is available and on
file in the Community Development Department; and
WHEREAS, the Applicant has submitted project plans dated received on November 21, and
December 8, 2005; 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 CEQA
Guidelines Section 15301, Existing Facilities, as the use occurs within an existing facility involving no
expansion of an existing use; and
WHEREAS, a Staff Report was submitted recommending that the application for a Conditional
Use Permit be conditionally approved; and
WHEREAS, the Planning Commission held a public hearing on said application on January 24,
2006; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and use its independent judgment and considered
all said reports, recommendations, and testimony herein above set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby find that:
A. The proposed use, as conditioned, is compatible with other land uses, transportation and service
facilities in the vicinity, as the area is zoned for general commercial uses, including
automobile/vehicle sales, service and retail.
B. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing
or working in the vicinity, or be detrimental to the public health, safety and welfare, as all
motorcycle sales, and service activities will be conducted within the enclosed building and no
motorcycles on display will be left outside overnight.
C. The proposed use, as conditioned, will not be injurious to property or improvements in the
neighborhood, as motorcycles will be kept on the applicant's property.
D. There are adequate provisions for public access, water, sanitation, and public utilities and services
to ensure that the proposed use and related structures would not be detrimental to the public
health, safety, and welfare, as the conversion of a portion of the existing retail space into a display
and sales area does not require additional public services.
E. The subject site is physically suitable for the type, density and intensity of the use being proposed,
as the existing use of the tenant space specializes in retail sales of motorcycle parts and
accessones.
F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development
regulations, or performance standards established for the zoning district in which it is located, as
the Zoning Ordinance allows automobile sales and service in the Light Industrial Zoning District
as a conditional use and conditions of approval have been applied to the project to ensure on-going
compatibility with surrounding land uses.
G. The proposed use, as conditioned, is consistent with the Dublin General Plan, which designates the
area as Retail/Office and Automotive.
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 subiect to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: rPLl Planning, rBl Building, rpOl Police. rpWl Public Works.
rADMl AdministrationlCitv Attornev. rFINl Finance. rFl Alameda County Fire Department, rDSRSDl
Dublin San Ramon Services District, rCOl Alameda County Department of Environmental Health.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
GENERAL - CONDITIONAL USE PERMIT
1. Approval. This Conditional Use Permit approval for PL On-going Planning
PA 05-019 allows motorcycle sales within
approximately 2,104 square feet of the existing building
and Site Development Review for the outdoor display of
up to 8 motorcycles in three separate areas of the
building's frontage located at 7108 Dublin Boulevard
and further identified as APN 941-0550-019-10.
2. Permit Expiration. Approved use shall commence PL On-going DMC
within one (1) year of CUP approval, or the CUP shall 8.96.020.D
lapse and become null and void. Commencement of use
means the actual use pursuant to the permit approval, or,
demonstrating substantial progress toward commencing
such use. If there is a dispute as to whether the Permit
has expired, the City may hold a noticed public hearing
to determine the matter. Such a determination may be
processed concurrently with revocation proceedings in
appropriate circumstances. If a CUP expires, a new
application must be made and processed according to
the requirements of the Dublin Zoning Ordinance.
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
3. Continued Use. This Conditional Use Permit approval PL On-going Planning
shall become null and void in the event the approved
uses cease to operate for a one-year period.
4. Time Extension. The original approving decision- PL On-going DMC
maker may, upon the Applicant's written request for an 8.96.020.E
extension of approval prior to expiration, and upon the
determination that any Conditions of Approval remain
adequate to assure that applicable findings of approval
will continue to be met, grant a time extension of
approval for a period not to exceed six (6) months. All
time extension requests shall be noticed and a public
hearing or public meeting shall be held as required by
the particular permit.
5. Annual Review. On an annual basis, this Conditional PL,PO On-going Planning
Use Permit approval may be subject to a review by the
Planning Manager to determine compliance with the
Conditions of Approval.
6. Revocatiou. This permit shall be revocable for cause in PL On-going DMC
accordance with Dublin Zoning Ordinance Section 8.96.020.1
8.96.020.1, Revocation. Any violation of the terms of
the terms and conditions of this permit may be subject to
the issuance of a citation.
7. Modifications. Modifications or changes to this PL On-going DMC
Conditional Use Permit approval may be considered by 8.104.100
the Community Development Director if the
modifications or changes proposed comply with Section
8.104.100 of the Zoning Ordinance.
PROJECT SPECIFIC - CONDITIONAL USE PERMIT
8. Use Type Conducted Entirely Within the Building. PL Display DMC
At no time shall any merchandise, except the approved 8.24.020.D/
outdoor motorcycle displays, be displayed outside of the DMC
building without pnor review and approval of a 8.108.020.1
Temporary Use Permit.
9. Service. No service work or repairs shall be conducted PL On-going Planning
outdoors.
10. Ontdoor Display. No motorcycles on display shall be PL On-going Planning
left outdoors overnight.
11. Price/Sale Tags. No price tags or sales tags larger than PL On-going Planning
10 inches tall and 3.5 inches wide shall be allowed on
motorcycles displayed outdoors.
12. Window Sign age. Signs, advertisements, and other PL On-going DMC
displays shall not cover or obscure more than 25% of 8.84.050.W
window area.
13. Temporary Promotional Sign age. Prior to the display PL Display DMC
of any temporary signs, including banners, a Temporary 8.84.050.T
Promotional Sign Permit must be applied for and
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
approved.
14. Sign Permits. Permits must be' applied for and obtained PL,B Installation DMC
in reference to any relocation or addition of business 8.84.11 0
identification signs.
15. Employee Parking. The 8 approved indoor parking PL On-going Planning
spaces shall be made available for employee parking at
all times during regular business hours.
BUILDING DIVISION
16. Building Codes and Ordinances. All project B Through Building
construction shall conform to all building codes and completion
ordinances in effect at the time of building permit.
17. Building Permits. To apply for building permits, the B Issuance of Building
Applicant shall submit five (5) sets of construction Building
plans to the Building Division for plan check. Each set Permits
of plans shall have attached an annotated copy of these
Conditions of Approval. The notations shall clearly
indicate how all Conditions of Approval will or have
been complied with. Construction plans will not be
accepted without the annotated resolutions attached to
each set of plans. The applicant/developer will be
responsible for obtaining the approvals of all
participation non-City agencies prior to the issuance of
building permits.
18. Construction Drawings. Construction plans shall be B Issuance 0 f Building
fully dimensioned (including building elevations) Building
accurately drawn (depicting all existing and proposed Permits
conditions on site), and prepared and signed by a
California licensed Architect or Engineer. All structural
calculations shall be prepared and signed by a
California licensed Architect or Engineer. The site plan,
landscape plan and details shall be consistent with each
other.
19. Handicapped Accessibility. Disabled access to the B On-going Building
store front: A minimum width of forty-four (44) inches
shall be maintained from parking space ramps to front
doors and a minimum depth of sixty (60) inches clear
space at doors.
FIRE PREVENTION DIVISION
20. Change of Use. The occupancy for a vehicle showroom F Establishment Fire
is "B." Submit plans to the Building Department for the of the use
change of use.
21. Hazardous Materials. Plans shall be submitted through F Issuance of Fire
the building permit process for any building construction Building
or changes in the quantities of hazardous materials used Permits or
or stored on the site. The plans shall be approved and prior to any
submitted prior to the start of the work. storage of
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
hazardous
materials on-
site
22. Fire Codes. The project shall comply with Uniform F On-going Fire
Building and Fire Codes as adopted by the City of
Dublin.
POLICE DEPARTMENT
23. Security. The developer shall comply with all PD On-going Police
applicable City of Dublin Non Residential Security
Ordinance Requirements and the Dublin Uniform
Building and Security Codes. Requirements may
include, but are not limited to the following conditions
of approval:
. Securing the displayed vehicles to prevent theft
and tampering
. If the outside display of the motorcycles is to
occur during darkness, a lighting plan shall be
submitted for approval.
. Landscaping shall be kept at a minimal height
and fullness so that patrol officers and the
general public have the ability to surveil the area
and identify risks.
. Video Surveillance Cameras with record
capability directed at all three display sites, and
additionally including the exterior door entry
display area.
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PASSED, APPROVED AND ADOPTED this 24th day of January, 2006.
AYES:
Chair Schaub, Commissioners Biddle, Fasulkey, Wehrenberg, and King.
NOES:
ABSENT:
ABSTAIN:
A~JtLtd-
Planning Commission Chair
Acting Plannin ager
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