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HomeMy WebLinkAbout6.6 Ala County Auto Auction CITY CLERK File # AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 6, 2004 SUBJECT: PUBLIC HEARING -Appeal of Planning Commission Approval of PA 03-070, Alameda County Auto Auction Automotive Service Center' Conditional Use Permit Report prepared by: Janet Harbin, Senior Planner ATTACHMENTS: 1. Resolution affirming Planning Commission approval of a Conditional Use Permit for an automobile repair and service establishment in an existing building (including conditions, and with project plans attached as Exhibit A) 2. Applicant's Written Statement 3. Letter of Appeal submitted by Rick Duemling, Tempresco, Inc., dated March 15,:2~004 · 4. Planning Commission approVed Resolution 04-18 5. Planning Commission minutes and agenda reports of February 10, 2004 and March 9, 2004 6. Photos of Businesses on Sierra Court, provided by Applicant 7. Letter dated March 2, 2004 from Appellant to Planning Commission with attached photos RECOMMENDATION: 1. Open public hearing and hear Staff presentation. ff~ 2. Take testimony from the Applicant and the public. 3. Question Staff, Applicant and the public. 4. Close public hearing and deliberate. 5. Adopt Resolution (Attachment 1) affirming the Planning Commission approval of a Conditional Use Permit for an automobile repair and service establishment, subject to conditions. PROJECT DESCRIPTION: The Applicant, Adel Saadeh, the owner of Alameda County Automobile Auction at 6438 Sierra Court, has requested a Conditional Use Permit for a new automotive repair and service establishment to serve the automobiles to be sold at the auction. The new automobile service center is proposed for a 199850 square foot building located at 6938 Sierra Court which is in an M-1 (Light Industrial) Zoning District. Thc new automobile service center will be located to the north of the actual auction site on Sierra Court, and will perform minor repairs only on the automobiles to be sold. Major automobile service repairs on the auction vehicles would be performed off-site at service centers specializing in a particular area of repair COPIES TO: Applicant/Owner Applicant's Consultant Appellant In-House Distribution ITEM NO. G:LPA#X2003\03-070 Alameda Cty Auction\CCSR 4-6-04.doc sdfih as transmissions, clutches, and engines. At the present time, all automobile service and repair work · on vehicles sold at the auction is performed at privately owned and operated centers throughout the area. Automobile Service establishments are permitted in an M-1 district with the approval of a Conditional Use Permit. The Sierra Court area of Dublin is home to several light industrial businesses, administrative offices, telecommunication businesses, small manufacturers and distribution centers, and storage facilities. Many of these businesses have existed in the area since the late 1970's and were approved by Alameda County before City incorporation. Surrounding businesses include a label manufacturer, a construction/electrical supply company, a plastics manufacturer distribution center, and a pool and spa supply company. The building was most recently occupied by Tyco, a fire and security protection business and the site is fully improved. The automobile repair and service center is proposing to occupy an existing industrial building consisting of 19,850 square feet. All automobile service and repair activities will be conducted solely within the building. An approximately 5,000 square foot paved outdoor area on the southeast portion of the site will be fenced and gated for the storage of vehicles to be repaired or that have been repaired. No servicing or repair of vehicles will occur in the parking lot or vehicle storage area. This condition is reflected in Conditions 5(e) and 20 of the Conditions of Approval in the Resolution (Attachment 1). No customers will be entering the area or visiting the service center. Planning Commission Action: On February 10, 2004, the Planning Commission held a public heating on the Alameda County Automobile Auction Automobile Repair and Service Center project (see Attachment 5 for agenda report and minutes). Several business and property owners expressed concerns at the hearing over the type of use proposed, and the related safety hazards and potential adverse effects o£the project on their businesses or properties~ The Planning Commission directed Staff to meet with those concerned and revise the conditions of approval for the project to help alleviate the business and property owners' concerns. The public hearing Was continued to March 9th (see Attachment 5, Planning Commission minutes and agenda report of February 10, 2004). Staff met with the business and property owners on February 18, 2004, and revised the conditions of approval for the project according to the discussion at the meeting. Following the February 18th meeting and prior to the next Planning Commission meeting, on March 2, 2004, the business and property owners submitted a letter in opposition of the project which included photos of the area (see Attachment 7). On March 9, 2004, the Planning Commission reopened the public hearing on the automotive service center and the Planning Commission reviewed the revised conditions Staff had developed to help alleviate the concerns expressed by the surrounding property and business owners. The property and business owners again testified that the conditions would not prevent the Applicant from operating in an unacceptable manner, the operations would pose hazards and risks to their properties in the future, and the automobile service center use would not be compatible with the M-1 Zoning District. The Planning Commission unanimously (5-0-0) approved the Conditional Use Permit for PA 03-070 (see Attachment 4, Planning Commission Reso. 04-18). In approving the project, Commissioners stated that the conditions of the use permit appeared to be very restrictive and specific as to what the Applicant could or could not do at the business operations, and they could find no reason or basis to deny the request for the Conditional Use Permit (see Attachment 5, Planning Commission minutes and agenda reports of March 9, 2004). Appeal of Planning Commission Approval: A third-party appeal was submitted to the Planning Division on March 16, 2004 by Rick Duemling of Tempresco, Inc. (see Attachment 3, Letter of Appeal dated March 15, 1004) appealing the Planning Commission approval of the COnditional Use Permit for the Alameda County Automobile Auction 2 ~C?..~..~-q Automotive Service Center, PA 03-070. Mr. Duemling is a business owner at 6928 Sierra Court, on the Sierra Court cul-de-sac where the proposed project would be located. In the Letter of Appeal, Mr. Duemling states the reason for the appeal of the approval of the conditional use permit is that the present business owners in the Sierra Court cul-de-sac area believe the proposed business will result in a negative effect on their existing businesses. These negative effects are described as increased parking pressure, additional vehicular traffic, and noise, safety and pollution created by the automobile service business related to changing tires, batteries, and running smog checks on vehicles. The Letter of Appeal also states the surrounding business owners were not given the oppommity to professionally make a presentation as a hook-up to their laptop was not provided, and the Planning Commission may have been confused by the pictures presented by the Applicant's representative, Rick Woodward. The following Analysis section of this report will discuss and evaluate the basis of the Appeal. ANALYSIS: Staff met with the business and property owners on February 18, 2004 and identified those areas of concern presented at the February 10th Planning Commission heating along with other areas of concern expressed by the attendees. Based on the concerns expressed by the owners, Staff modified the wording in two conditions in Planning Commission Resolution 04-18 in Attachment 4, Conditions 1 and 22 and added Condition 24. Explanations related to the modified and added conditions are included in the staff report for March 9, 2004, included in Attachment 5, and are briefly summarized below in response to the Appellant's statements. 1. Traffic and Parking IssUes: The Appellant states that there will be increased parking pressure and additional vehicular traffic created by the automobile service business related to the services provided to vehicles from the automobile auction. · Traffic: The Applicant has stated in the written statement submitted with the application (see: Attachment 2, Applicant's Written Statement) that only' employees of the automobile auction: business will deliver cars to the service center, and no customers of the auction may come to the center. The automobile auction will service the cars prior to sale, and then sell the cars "as is". The only traffic to and from the business will be employees delivering the cars for service or repair, and the 7 to 9 estimated employees which will work at the service center. The auto auction receives approximately 500 cars every month. If all cars needed some minor servicing, about 20 cars a day would be delivered or driven to the service center. This would result in 40 vehicular trips per day to and from the site. With adding the round trips per day for the 9 employees to the 40 trips, the total trips per day to and from the site would be 58 trips. The underlying assumption of traffic generation of a use in this zoning district is that it would generate traffic and trips similar to the other uses in the area, or approximately 158 vehicular trips per day. Based on this assumption, 58 trips per day generated by the proposed use are not considered significant traffic generated by a business use on the cul-de-sac. · Parking: The property to be used for the service center is a 19,850 square foot industrial building with an improved parking area presently containing approximately 30 parking spaces (refer to Site Plan attached to the Resolution in Attachment 1). Twenty-four (24) standard parking spaces and one (1) handicap space are required for commercial/industrial uses such as automobile repair according tothe City's parking regulations. With the planned restriping of the parking and vehicle storage area, approximately 36 parking spaces will be created in the parking lot adjacent to the building. On-street parking is also available along Sierra Court, a public street. The parking planned for the project will be sufficient for this use. Vehicle Delivery and Unloading - The business and property owners in the area have also expressed concerns about large vehicle delivery trucks parking on the Sierra Court cul-de-sac for extended periods of time. Because of this concern, a new condition, Condition 24, was added to the conditions of approval for the project. Some owners were also concerned that large tracks hauling vehicles to the site would park on the street for extended periods of time, creating congestion and traffic conflicts on the cul-de-sac. This could result in a loss of business for existing business owners if driveways are blocked or storefronts are unable to be seen from the street. Although it has not been the City's practice, a new condition,. Condition 24, was added to the conditions in Attachment 4 and approved by the Planning Commission to regulate trucks delivering and unloading vehicles. Condition 24 reads as follows: 24. Truck Deliveries and Unloading of Vehicles. All trucks delivering and unloading vehicles to the service center shall be in accordance with the State of California Motor Vehicle Code regulations related to the off-loading and &livery of cars and street parking of trucks. Additionally, the loading and unloading of a truck in thc public right-of-way associated with the service center shall be limited to a maximum time of one (1) hour. Length of Storage of Vehicles - Business and property owners have also~ expressed concern that thc automobiles to be repaired and serviced at the Alameda County Automobile Auction Repair and Service Center may be stored for extended periods of time in the fenced parking/storage area of the site, creating adverse visual impacts to surrounding businesses and from thc public street. Condition 22 was revised to require vehicles in the storage area must be obscured from view through thc installation of wooden slats, or replacement of the fencing with a solid fence. A restriction was also added to limit the maximum time to ten (10) days for parking a vehicle being serviced or repaired in the fenced parking area. Thc condition reads as follows: 22. Vehicle storage area restrictions. The proposed fenced and gated vehicle storage area shall be as shown on the Project Plans. Vehicles to be serviced or repaired may be parked in this area, but for no longer than ten (10) calendar days. No automobile services, repairs, painting or draining of oil, anti-freeze, or other chemicals from automobiles shall be allowed in the gated vehicle storage area. The Applicant shall obscure the view of the vehicle storage area by installing wooden slats in the existing fencing, or replace with solid fencing subject to the approval of the Community Development Director. 2. Noise, Safety And Pollution Issues: In the letter of appeal, the Appellant expresses the concern that the automobile service center use will result in noise, 'safety and pollution related to "any business that is changing tires, batteries and smog checking hundreds of cars." At the Planning Commission public hearing, business and property owners discussed their concerns that the Automobile Repair and Services offered at the proposed service center on Sierra Court would offer complete automobile repair services, thereby generating noise, fumes and odors. Additionally, there were concerns that the repairs and servicing of the vehicles would be performed in the parking lot adjacent to the business rather than within the building as proposed by the Applicant. · Noise and Odors: The operations at the site will consist of minor automobile repairs and service performed within the improved building, and will only be for use by the Automobile Auction to prepare automobiles for sale at the auction site on Sierra Court. Condition 1 of the Conditions of Approval includes a list of the specific minor automobile repairs ~and services to be performed 4 /7'~-/ v~ithin the building at the subject site, and would thereby limit those services to smog testing and related repairs; safety inspection and related repairs (including fluid replacement); oil and filter changes; windshield replacement; and, paint less dent removal (including related minor detailing) within the industrial building, and reads as follows: ~ 1. Approval. This Conditional Use Permit approval for PA 03-070 establishes an Automobile Repair and Service establishment to provide automobile repair service limited to smog testing and related repairs; safety inspection and related repairs (including fluid replacement); oil and filter chang6s; windshield replacement; and, paint-less dent removal (including related minor detailing) within an existing industrial building. Condition 7 of the Conditional Use Permit further restricts the use of the ouiside areas and parking lot to reduce the noise and odors that might impact the surrounding businesSes and uses, and reads as follows: 7. Limited Outdoor Activity. a) All activities associated with the Automobile Repair and Service establishment shall be conducted entirely within the enclosed building, except that any repair vehicles temporarily parked oUtside of the building during the day must be operable. b) No service or repair work can be conducted outside of the building. c) No vehicle parts, or equipment associated with the business may be stored outside of the building. ' d) No vehicles in for service or repair may be left outside of the building overnight except in the vehicle storage parking area sUrrounded by fencing and locked gate. e) The vehicle storage area shall be as shown on the Project Plans and shall only be used to store vehicles. No automobile services, repairs, painting or draining of oil, anti-freeze, or other chemicals from automobiles shall be used or stored in the gated vehicle storage area. · Safety: As with noise and odors, the operation of servicing and repairing automobiles would be performed inside the building and will not expose the public or surrounding businesses to any safety hazards. The operator will be required by Condition 7 to perform any operations only within the building, as discussed in the previous section, and not outside. The only activities anticipated outside the building will be the parking or moving vehicles which are regulated by the conditions of the Conditional Use Permit, other City ordinances and regulations, and the California Motor Vehicle Code. Therefore, the safety hazards and risks would be the same as those for any other business on the cul-de-sac. · Pollution: Some aspects of the automotive service center use are regulated and monitored by other agencies, just as with the other light industrial uses in the Sierra Court area. Certain permits may be required by the respective agencies prior to the commencement of operations related to hazard material usage, control and disposal, air pollution and control, and proper stormwater drainage and water quality measures to be taken during operations. The Alameda County Hazardous Waste and Materials Department regulates the use of chemicals and toxic substances at the service center, including spills that may occur as a result of the operations in the building. The Department also regulates the dispOsal of hazardous waste material from the use. The Bay Area Air Quality Management District regulates pollutants released into the air. The Dublin San Ramon Service District regulates wastewater and any drainage from the site. Stormwater pollution pr'evention methods and proper water quality measures will be implemented and practiced at the service center operation to avoid drainage of contaminated water or liquids into the adjacent creek channel, and are under the purview of both the City of Dublin Public Works Department and the Regional Water' Quality Control Board (see Condition 23 of the Resolution in Attachment 1). Relative to other nuisances to surrounding properties and businesses, Condition 4 of the proposed use permit addresses the potential of any nuisance occurring by requiring that the business activity at the site be conducted in such a manner as to not create a public or private nuisance to the existing and surrounding businesses and residents. Condition 4 reads as follows: 4. Nuisance. The Applicant shall control all business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. · Non-Compliance Issues: If for any reason, the proposed use does not comply with the conditions of approval of the Conditional Use Permit, Condition 6 of the permit allows the City to revoke the use permit and the operation of the service center would be forced to cease: 6. RevOcation. This permit shall be revocable for cause in accordance with Dublin Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance of a citation. 3. Issues Related to Presentations to Planning Commission: The Letter of Appeal also states the surrounding business owners were not given the opportunity to professionally make a presentation as a hook-up to their laptop was notprovided Staff discussed the presentation with the Appellant several days prior to the hearing. The Appellant stated he would bring the equipment necessary to make the presentation to the meeting. He was informed as to the type of compUter, equipment and programs which the City has available in the City Council Chambers, but did not notify Staff as to the type of equipment he would bring to the meeting for his presentation. The laptop computer brought by the Appellant to the meeting was an Apple Computer, requiring cabling and adapters that the City does not have available. The Appellant was able to run the presentation for the Planning Commission at the meeting on the countertop close to the Commissioners' seats for their viewing. The Appellant has been contacted and informed to provide the proper cabling and adapter for the computer if he is going to make a presentation to the City Council, or to provide a PowerPoint presentation on a CD to use on the City's computer system in the City Council Chambers. 4. Applicant's Photographs: The Appellant also states in the Letter of Appeal that the photographs presented by the Applicant (Attachment 6) to the Commissioners at the meeting on March 9, 2004, were not all from the Sierra Court cul-de-sac area, and may have confused the Planning Commission. The photographs presented by the Applicant's representative, Rick Woodward, to the Planning Commission show views of several businesses' yard areas on Sierra Court, many of which are within the 6900 block of Sierra Court in the cul-de-sac area and proximate to the subject site. Some of the items in these yard areas are now being investigated by the City's Code Enforcement Officer for non- compliance with City ordinances and regulations. Potential Uses Permitted in the M-1 District: In approving the Conditional Use Permit for the automobile service center, the Planning Commission also considered the permitted uses allowed in the M- I Zoning District which could locate in the existing building without a use permit or restrictions such as :the proposed conditionS of approval in Attachment 1. Some of the permitted uses allowed in this Zoning DiStrict ~e as follows: · Ambulance Service · Laboratory (including Research & Development Labs) · Contractor's Office · Commercial Parking Lot/Garage · Light Industrial Uses · Printing & Publishing · Storage of Petroleum Products for On-Site Use · Trucking Terminal · Warehousing & Distribution ~ Public Noticing: Public notice of the public hearing was sent to all property owners within 300 feet of the property, all businesses and property owners that attended the meeting with Staff on February 18, 2004, and anyone that testified at the Planning Commission hearing on March 9, 2004. Conclusion: The Conditional Use Permit findings contained in the Resolution in Attachment 1 can be made because the building was originally built and intended for indUstrial and commercial service uses, such as the proposed Automobile Repair and Service establishment. The proposed use is consistent with the General Plan and the Zoning District regulations and permitted uses. Additionally, the Conditions of Approval approved by the Planning Commission as part of the Conditional Use Permit will ensure the proposed use does not have negative impacts on surrounding businesses and users. The use of the building as an automobile repair and service center will also result in a benefit to the light industrial area as some of the minor automobile services and storage presently taking place at the automobile auction site will be fully enclosed within the proposed automobile service center building. Therefore, Staff recommends that the City Council reaffirm the Planning Commission approval of the Conditional Use Permit for the Alameda County Auction Automobile Service Center, PA 03-070. ~ RECOMMENDATION: · Staff recommends that the City Council adopt the Resolution in Attachment 1 affirming the Planning Commission approval of a Conditional Use Permit for an automobile repair and service establishment limited to serving the Alameda County Auction in an existing building, subject to the conditions of approval. gSPA~2003\03-070~PCSR.doc RESOLUTION NO. XX - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AFFIRMING THE APPROVAL OF A CONDITIONAL USE PERMIT REQUEST FOR PA 03-070 TO OPERATE AN AUTOMOTIVE REPAIR AND SERVICE ESTABLISHMENT TO SERVE THE ALAMEDA COUNTY AUTO AUCTION IN AN EXISTING BUILDING WITHIN THE M-1 LIGHT INDUSTRIAL ZONING DISTRICT AND LOCATED AT 6938 SIERRA COURT WHEREAS, the applicant, Adel Saadeh owner and operator of the Alameda County Auto Auction, has requested approval of a Conditional Use Permit to establish an automotive repair and service establishment limited to providing services to the auto auction in an existing building at 6938 Sierra Court, within the M-1 (Light Industrial) zoning district; WHEREAS, the building at 6938 Sierra Court was designed and built for the purposes of housing industrial and commercial service-typeusers; and WHEREAS, the proposed use of Auto Repair and Service is permitted in the M-1 (Light Industrial) zoning districts with a Conditional Use Permit approved by the Planning Commission; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301 as it is contained within an existing building on a completely improved site; and WHEREAs, the Conditions of Approval proposed will limit or eliminate any negative impacts the Automobile Repair and Service establishment could have on surrounding businesses and residents as the use shall provide limited auto repair services only to the Alameda County Auto Auction; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on February 10, 2004 and March 9, 2004; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment in making a decision on the project; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site and did unanimouslY approve the said project on March 9, 2004. WHEREAS, Rick Duemling of Tempresco, Inc., located at 6928 Sierra Court, has submitted an appeal of the decision of the Planning Commission to the City Council in a letter of appeal dated March 15, 2004; and WHEREAS, proper notice of said hearing was given in ali respects as required by law; and WHEREAS, the Staff report was submitted recommending that the City Council make a determination to affirm the Planning Commission decision to approve the Conditional Use Permit, PA 03-070, in accordance with the provisions of the Appeal Chapter of the Zoning Ordinance; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove setforth, and used their independent judgement to make a decision; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does make the following findings and determinations regarding the proposed Conditional Use Permit: A. The approval of this Conditional Use Permit with the related improvements and amenities is compatible with other land uses, transportation and service facilities in the vicinity, because it is in an existing industrial and commercial building with similar surrounding uses. Nearby businesses in this industrial area include an automobile auction owned and operated by Adel Saadeh for Alameda County which the proposed operation will serve; warehousing and distribution; administrative industrial office uses; light industrial uses and similar light industrial uses. B. The approval of this Conditional Use Permit 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, because the proposed use creates no recognizable negative impacts and the proposed use will serve a public need by providing a service to the auto auction and the community it serves. C. The approval of this Conditional Use Permit, as conditioned, will not be injurious to property or improvements in the neighborhood because the site is adjacent to like commercial and industrial uses and will be operated within an improved building. D. There are adequate existing provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed Conditional Use Permit and related minor auto service use, as conditioned, would not be detrimental to the public health, safety, and welfare, because no facilities will be substantially altered, and no increase in public service demands will result from the proposed use. E. The subject site is physically suitable for the tYPe, densitY and intensity of the conditional use being proposed because the existing industrial building and site is of adequate size to serve the use and in close proximity to the Alameda County Auto Auction facility. F. The proposed conditional use, as conditioned, is compatible with the specific intent established for the M-1 (Light Industrial) zoning district, which is to "provide appropriate industrial areas to accommodate enterprises engaged in manufacturing, processing, and repairing goods, merchandise, or equipment." G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan land use designation of Business Park/Industrial, and will promote the viability of an existing Auto Auction use in the same general area. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve PA 03-070, a Conditional Use Permit, as conditioned, to establish a limited Automobile Repair and Service establishment within an existing industrial building located at 6938 Sierra Court, within a M-1 (Light Industrial) zoning district, further identified as APN 941-2756-004, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health [DEH]. 2 . , { GENERAL CONDITIONS 1. Approval. This Conditional Use Permit approval for PA 03-070 establishes an [PI Automobile Repair and Service establishment to provide auto repair service limited to smog testing and related repairs; safety inspection and related repairs (including fiuid replacement); oil and filter changes; windshield replacement; and, paint less dent removal (including related minor detailing) within an existing industrial building. 2. Review and Permitting Authority. The applicant shall comply with all applicable [All] regulations and requirements of the Dublin Community Development Department Building Division and Planning Division, Alameda County Fire Department, Dublin San Ramon Services District, Dublin Police Services, and Dublin Public Works Department, and the Regional Water Quality Control Board. 3. Building Permit Application. To apply for building permits, the Applicant/Developer [B] shall submit five (5) sets of construction plans together with final site plan and landscape plans to the Building Department for plan check. Each 'set of plans shall have attached a copy of these conditions of approval with notations as to how the condition is being satisfied. The plans shall clearly indicate how all conditions of approval will be, or have been complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. The following items should be included on the drawings submitted to the Building Division: · Provide a detailed plan on exit path from within the building to the public way. · Show location of all rooftop equipment, including isometric outline of the - gas/plumbing systems. .· Provide details on all construction, type for the structure. · Per 1105B.3.2 CBC, areas to be made accessible include the following: a. Customer and office areas, together with related toilet rooms. b. Conference rooms, viewing and demo rooms or cubical and similar areas. c. Employee work areas shall have a minimum 36" wide clear access, except as modified in other portions of these regulations. d. All exterior address signage to meet the Dublin Municipal Code, i.e. front of building signage to be illuminated. Rear of building signage to be a minimum of 6" in height and to be visible to a passing officer. 4. Nuisance. The applicant shall control all business activity so as not to create a public or [PL, PO] private nuisance to the existing and surrounding businesses and residents. 5. Approval Period. This approval shall be valid for as long as the operation of the use is [PL] in compliance with the Conditions of Approval. However this approval shall become null and void in the event the approved uses cease to operate for a one-year period. 6. Revocation. ~This permit shall be revocable for cause in accordanCe with Dublin Zoning [PL, PO] Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance of a citation. ~ ~-,!~:~ iii 7. Limited Outdoor Activity. [PL, PW] a) All activities associated with the Automobile Repair and Service establishment shall be conducted entirely within the enclosed building, except that any repair vehicles temporarily parked outside of the building during the day must be operable. b)' No service or repair work can be conducted outside of the building. c) No vehicle parts, or equipment associated with the business may be stored outside of the building. d) No vehicles in for service or repair may be left outside of the building overnight except in the vehicle storage parking area surrounded by fencing and locked gate. e) The vehicle storage area shall be as shown on the Project Plans and shall only be used to store vehicles. No auto services, repairs, painting or draining of oil, anti- freeze, or other chemicals from autos shall be used or stored in the gated vehicle storage area. 8.' Building Alterations. Any upgrades to the tenant space will require Building Permits [B] and plans and calculations prepared by a California licensed Architect or Engineer. 9. Restriction of Use. The applicant and property owner shall ensure that no cutting, [F] welding, open flame or draining of fuel is performed in the building. 10. Use of Office Space. The applicant and property owner shall ensure that no use is [PL, F] allowed in the office space until a building permit and final are obtained for such use of that space. 11. Safe, Clean and Litter-Free. Both the applicant'and property oWner shall be . [PL, PO] responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. 12. Security. The applicant shall comply with all applicable City of Dublin Non- [PO] Residential Security Ordinance requirements. 13. Building Identification. Addressing and building numbers shall be visible from all [PO] approaches to the building. Any rear exit doors shall display the business name and address in 5" high lettering. 14. Graffiti. The applicant shall keep the site clear of graffiti vandalism on a regular and [PO] continuous basis at all times. Graffiti resistant materials should be used on the exterior of the building. 15. Theft Protection. The applicant shall work with Dublin Police on an ongoing basis to [PO] establish an effective theft prevention and security program. 16. Emergency Response Form. A business site Emergency Response Form shall be [PO] completed and submitted to Dublin Police Services prior to occupancy. 17. Exiting the Building. Employee exit doors shall be equipped with 180-degree viewers [PO] if there is not a burglary resistant window panel in the door from which to scan the exterior. 4 18. Exterior Lighting. Lighting shall be provided over all exit doors of the building. [PO] Lighting fixtures shall be installed in the parking lot in accordance with the current City of Dublin Security Ordinance. 19. Parking Lot Improvements. The parking lot shall be restfiped as shown on the Site [PW] Plan in Exhibit A to provide additional spaces to serve the tenant space. Twenty-four (24) regular spaces (9' x 20') and one disabled-access parking stall are required. 20. Landscaping. Landscaping improvements shall be installed in accordance with the [PO] Project Plans. Exterior landscaping shall be kept at a minimal height and fullness to allow patrol officers and the public view of the site. 21. Fire Safety. The following conditions are required by the Alameda County Fire IF] Department: a) Approved numbers or addresses should be placed on all buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. b) Knox boxes are required at the entrance to the building and at any gates that block Fire Department access. c) The Applicant shall provide information on the location and quantities of any hazardous materials including any tanks. d) The existing sprinkler system shall be upgraded to comply with the requirements of the new use including being monitored by a UL listed central station. e) Provide 2A10BC fire extinguishers, in locations approved by the Fire Department, in the space. An approved sign in accordance with Uniform Fire Code shall be conspicuously posted above the extinguisher. f) The main door may have lever, panic or key locking hardware on the inside. A thumb turn and manual flush bolts are not allowed on the main door. If key-locking hardware is used, provide a sign above the door stating, "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS". The other doors shall have lever or panic hardware. g) The tenant space shall be in compliance with Building and Fire Codes as adopted by the City of Dublin. h) Fire apparatus roadways must have a minimum unobstructed width of 20 feet and an unobstructed, vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1". (CFC 2001, Section 902.2.2.1). 22. Vehicle storage area restrictions. The proposed fenced and gated vehicle storage area [PL, PW] shall be as shown on the Project Plans. Vehicles to be serviced or repaired may be parked in this area, but for no longer than ten (10) calendar days. No auto services, repairs, painting or draining of oil, anti-freeze, or other chemicals from autos shall be allowed in the gated vehicle storage area. The Applicant shall obscure the view of the vehicle storage area by installing wooden slats in the existing fencing, or replace with solid fencing subject to the approval of the Community Development Director. 23. Water Quality. The Applicant must comply with the Alameda County Clean Water [PO] Program (Commercial and Industrial Pollution Control Section), which has been provided directly to the Applicant. The stormwater pollution prevention methods contained within should be implemented and practiced to avoid drainage of contaminated water or liquids into the adjacent creek channel from the use, and any citation from the City of Dublin or the Regional Water Quality Control Board. 24. Truck Deliveries and Unloading of Vehicles. All trucks delivering and unloading [PL, PO] vehicles to the service center shall be in accordance with the State of Califomia Motor Vehicle Code regulations related to the off-loading and delivery of cars and street parking of trucks. Additionally, the loading and unloading in the public right-of-way of a track associated .with the service center shall be limited to a maximum time of one (1) hour. PASSED, APPROVED, AND ADOPTED this 6th day of April 2004. AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk G:~PA#k2003\03-070\CC Appeal Reso wCOAs.doc 6 · ' GENERAL NOTES PROJECT INFORMATION ~ ,=_ ~ .... ~F~ ACME GROUP N'~~-. ALL EUTU~E WORK UNDBR / L.~ k-. UBc 3,,.2.3 .... ~c- SEE OiL ~ Written Statement of PropOsed Use for Application for Conditional Use Permit A. The proposed business is for performing safety inspections, smog inspections, and light mechanical functions on automobiles. This business will not be open to the public. B. The proposed busmess will employ ? to 9 part and full-time employees. C. The proposed business will operate Monday through Saturday, 8:30 a.m. to 7:00 p.m. D. The proposed business will not target anY specific segment of the community. E. The proposed business will benefit the community by providing new local jobs. F. The proposed business will not disrupt the peace of the surrounding residences or businesses, as the business operation will be contained within the existing building. ~- ' G. The proposed business will have no negative effects on the health or safety of people residing or working in the vicinity,. H. The proposed business will not create any negative impact on the property, transportation systems, or existing improvements of the neighborhood. I. This proposed business is nor located on a hazardous waste sire. ATTAC . . T 7_. Tt ITI PRESC O,Inc. REPRESENTIN(~ MANUFACTURERS OF QUALITY PR©~UCTS P,O, BOX 2342 ' 6928 SIERRA COURT · DUBLIN, CALIFORNIA 94568 · TELEPHONE (510) 829-3400 ° FAX (510) 829-0719 March 15, 2004 City of Dublin 100 Civic Plaza Dublin, CA 94568 Attention: Robert Fasulkey, Maxine Jennings, Morgan King, Todd Machtmes, Abid Nasar Subieot: Conditienal Use Permit for Auto Service & Repair Center Project: PA 03-070, Alameda County Auto Auction Location: 6938 Sierra Court, Assessors Parcel Nos. 941-2756-004 Dear Planning Commissioners: , This letter is to fOrmally request an appeal before the Dublin City Council regarding your approval March 9th of a conditional use permit for 6938 Sierra Court to allow it to become an automotive service and repair center. We are very disappointed in your sup_port of the encroachment of this used car dealership despite 100% consensus of the property owners and employers of the nine buildings at the end of Sierra Court who will have their businesses negatively affected by this action. It is we who are currently doing business within the approved M-1 light industrial zoning, paying hundreds of thousands of dollars is sales taxes, providing employment, and bringing our suppliers and customers and their dollars to the City of Dublin. The applicant has claimed that his only customer at 6938 Sierra Court will be himself, thus generating no tax revenue for the city. What we will get is increased parking pressure, additional vehicular traffic, and the noise, safety and pollution issues that go along with any business that is changing tires, batteries, and smog checking hundreds of cars. We assume this is why Dublin has other areas of the City that are already zoned automotive. We feel that we were not given an opportunity to professionally make our presentation, as a graphic hook-up to our laptop was not provided despite our written and verbal requests. We further feel the planning commission may have been confused by the pictures provided by the applicants real estate agent, many that came from the other industrial parts of Sierra Court, nOt from the 6900 block group of Professional Business Buildings that we are trying, in our mutual interest, to protect and welcome you to personally visit at any time. IRECEIVED Cc: Eddie Peabody, Community Development Director MAI;[ ~. 6 ZO0~ Jeri Ram, Planning Manager '"'-J Janet Harbin, Sr. Planner t~U~LIN PLANNING RESOLUTION NO. 04 - 18' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT REQUEST FOR PA 03-070 TO OPERATE AN AUTO REPAIR AND SERVICE ESTABLISHMENT TO SERVE THE ALAMEDA COUNTY AUTO AUCTION IN AN EXISTING BUILDING WITHIN THE M-1 LIGHT INDUSTRIAL ZONING DISTRICT APN: 941-2756-004 WHEREAS, the applicant, Adel Saadeh representing the Alameda County Auto Auction, has requested approval of a Conditional Use Permit to establish an auto repair and service establishment limited to providing services to the auto auction in an existing building at 6938 Sierra Court, within the M-1 (Light Industrial) zoning district; WHEREAS, the. building at 6938 Sierra Court was designed and built for the purposes of housing industrial and commercial service-type users; and WHEREAS, the proposed use of Auto Repair and Service is permitted in the M-1 (Light Industrial) zoning districts with a Conditional Use Permit approved by the Planning Commission; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301 as it is contained within an existing building on a completely improved site; and WHEREAS, the Conditions of Approval proposed will limit or eliminate any negative impacts the Automobile Repair and Service establishment could have on surrounding businesses and residents as the use shall provide limited auto repair services only to the Alameda County Auto Auction; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on February 10, 2004 and March 9, 2004; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find that: A. The proposed use and related structure is compatible with other land uses, transportation and service facilities in the vicinity, because it is in an existing industrial and commercial building with similar surrounding uses. Nearby businesses in this industrial area include an automobile auction operated by Alameda County that the prOposed operation will serve, warehousing and distribution, administrative office uses, light industrial uses and similar uses. B. The proposed use 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, because the proposeduse creates no recognizable negative impacts and the proposed use will serve a public need by providing a service to the auto auction and the community it serves. C. The proposed use will not be injurious to property or improvements in the neighborhood because the site is adjacent to like commercial and industrial uses and will be operated within an improved building. D. There are adequate existing provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health, safety, and welfare, because no facilities will be altered, and no increase in public service demands will result from the proposed use. E. The subject site is physically suitable for the type, density and intensity of the use being proposed because the existing industrial building and site is of adequate size to serve the use and in close proximity to the Alameda County Auto Auction facility. F. The proposed use is compatible with the specific intent established for the M-1 (L. ight Industrial) zoning district, which is to "provide appropriate industrial areas to accommodate enterprises engaged in manufacturing, processing, and repairing goods, merchandise, or equipment." G. The proposed use is consistent with the Dublin General Plan land use designation of Business Park/Industrial. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 03-070, a Conditional Use Permit request to establish a limited Automobile Repair and Service establishment within an existing industrial building located at 6938 Sierra Court, within a M-1 (Light Industrial) zoning district, further identified as APN 941-2756-004, subject to the following Conditions of Approval as modified by the planning commission: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [BI Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [FI Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County_ Department of Environmental Health [DEH]. GENERAL CONDITIONS 1. Approval. This Conditional Use Permit approval for PA 03-070 establishes an [PI Automobile Repair and Service establishment to provide auto repair service limited to smog testing and related repairs; safety inspection and related repairs (including fluid replacement); oil and filter changes; windshield replacement; and, paint less dent removal (including related minor detailing) within an existing industrial building. 2. Review and Permitting Authority. The applicant shall comply with all applicable [All] regulations and requirements of thc Dublin Community Development DePartment Building Division and Planning Division, Alameda County Fire Department, Dublin San Ramon Services District, Dublin Police Services, and Dublin Public Works Department, and the Regional Water Quality Control Board. 3. Building Permit Application. To apply for building permits, the Applicant/Developer [BI shall submit five (5) sets of construction plans together with final site plan and landscape plans to the Building Department for plan check. Each set of plans shall have attached a copy of these conditions of approval with notations as to how the condition is being satisfied. The plans shall clearly indicate how all conditions of approval will be, or have been complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. The following items should be included on the drawings submitted to the Building Division: · Provide a detailed plan on exit path from within the building to the public way. · Show location of all rooftop equipment, including isometric outline of the gas/PlUmbing systems. · provide details on all Construction type for the structure. · Per 1105B.3.2 CBC, areas to be made accessible include the following: a. Customer and office areas, together with related toilet rooms. b. Conference rooms, viewing and demo rooms or cubical and similar areas. c. Employee work areas shall have a minimum 36" wide clear access, except as modified in other portions of these regulations. d. All exterior address signage to meet the Dublin Municipal Code, i.e. front of building signage to be illuminated. Rear of building signage to be a minimum of 6" in height and to be visible to a passing officer. 4. Nuisance. The applicant shall control all business activity so as not to create a public or [PL, PO] private nuisance to the existing and surrounding businesses and residents. 5. Approval Period. This approval shall be valid for as long as the operation of the use is [PL] in compliance with the Conditions of Approval. However this approval shall become null and void in the event the approved uses cease to operate for a one-year period. 6. Revocation. This permit shall be revocable for cause in accordance with Dublin Zoning [pL, PO] Ordinance Section 8.96.020.I, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance ora citation. 7. Limited Outdoor Activity. [PL, PW] a) All activities associated with thc Automobile Repair and Service establishment shall be conducted entirely within the enclosed building, except that any repair vehicles temporarily parked outside of the building during thc day must bc operable. b) No service or repair work can bc conducted outside of the building. c) No vehicle parts, or equipment associated with the business may bc stored outside of the building. d) No vehicles in for service or repair may bc left outside of the building overnight except in the vehicle storage parking area surrounded by fencing and locked gate. e) The vehicle storage area shall be as shown on the Project Plans and shall only be used to store vehicles. No auto services, repairs, painting or draining of oil, anti- freeze, or other chemicals from autos shall be used or stored in the gated vehicle storage area. 8. Building Alterations. Any upgrades to the tenant space will require Building Permits lB] and plans and calculations prepared by a California licensed Architect or Engineer. 9. Restriction of Use. The applicant and property owner shall ensure that no cutting, [F] welding, open flame or draining of fuel is performed in the building. 10. Use of Office Space. The applicant and property owner shall ensure that no use is [PL, F] allowed in the office space until a building permit and final are obtained for such use of that space. 11. Safe, Clean and Litter-Free. Both the applicant and property owner shall be [PL, PO] responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. 12. Security. The applicant shall comply with all applicable City of Dublin Non- [PO] Residential Security Ordinance requirements. 13. Building Identification. Addressing and building numbers shall be visible from all [PO] approaches to the building. Any rear exit doors shall display the business name and address in 5" high lettering. 14. Graffiti. The applicant shall keep the site clear of graffiti vandalism on a regular and [PO] continuous basis at all times. Graffiti resistant materials should be used on the exterior of the building. 15. Theft Protection. The applicant shall work with Dublin Police on an ongoing basis to [PO] establish an effective theft prevention and security program. 16. Emergency Response Form. A business site Emergency Response Form shall be [PO] completed and submitted to Dublin Police Services prior to occupancy. 17. Exiting the Building. Employee exit doors shall be equipped with 180-degree viewers [PO] if there is not a burglary resistant window panel in the door from which to scan the exterior. 18. Exterior Lighting. Lighting shall be provided over all exit doors of the building. [PO] Lighting fixtures shall be installed in the parking lot in accordance with the current City of Dublin Security Ordinance. 19. Parking Lot Improvements. The parking lot shall be restriped as shown on the Site [PW] Plan in Exhibit A to provide additional spaces to serve the tenant space. Twenty-four (24) regular spaces (9' x 20') and one disabled-access parking stall are required. 20. Landscaping. Landscaping improvements shall be installed in accordance with the [PO] Project Plans. Exterior landscaping shall be kept at a minimal height and fullness to allow patrol officers and the public view of the site. 21. Fire Safety. The following conditions are required by the Alameda County Fire - [F] Department: a) Approved numbers or addresses should be placed on all buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. b) Knox boxes are required at the entrance to the building and at any gates that block Fire Department access. c) The Applicant shall provide information on the location and quantities of any hazardous materials including any tanks. d) The existing sprinkler system shall be upgraded to comply with the requirements of the new use including being monitored by a UL listed central station. e) Provide 2Al 0BC fire extinguishers, in locations approved by the Fire ~ Department, in the Space. An approved sign in accordance with Uniform Fire Code shall be conspicuously posted above the extinguisher. f) The main door may have lever, panic or key locking hardware on the inside. A thumb turn and manual flush bolts are not allowed on the main door. If key-locking hardware is used, provide a sign above the door stating, "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS". The other doors shall have lever or panic hardware. g) The tenant space shall be in compliance with Building and Fire Codes as adopted by the City of Dublin. h) Fire apparatus roadways must have a minimum unobstructed width of 20 feet and an unobstructed, vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1". (CFC 2001, Section 902.2.2.1). 22. Vehicle storage area restrictions. The proposed fenced and gated vehicle storage area' [PL, PW] shall be as shown on the Project Plans. Vehicles to be serviced or repaired may be parked in this area, but for no longer than ten (10) calendar days. No auto services, repairs, painting or draining ofoil, anti-freeze, or other chemicals from autos shall be allowed in the gated vehicle storage area. The Applicant shall obscure the view of the vehicle storage area bY installing wooden slats in the existing fencing, or replace with solid fencing subject to the approval of the Community Development Director. 23. Water Quali~, Ti~e Applicant must comply with the Alameda County Clean Water [PO] Program (Commercial and Industrial Pollution Control Section), which has been provided directly to the Applicant. The stormwater pollution prevention methods contained within should be implemented and practiced to avoid drainage of contaminated water or liquids into the adjacent creek channel from the use, and any citation from the City of Dublin or the Regional Water Quality Control Board. 24. Truck Deliveries and Unloading of Vehicles. All trucks delivering and unloading [PL, PO] vehicles to the service center shall be in accordance with the State of California Motor Vehicle Code regulations related to the off-loading and delivery of cars and street parking of trucks. Additionally, the loading and unloading in the public right-of-way of a truck associated with the service center shall be limited to a maximum time of one (1) hour. PASSED, APPROVED, AND ADOPTED this 9th day of March 2004. AYES: Cm. Fasulkey, Nassar, Jennings, King, and Machtmes · NOES: ABSENT:ABSTAIN: ATTEST: in~~g~ ~' el ann ingCo mm issi on Ch ai~ P1 G:\PA#X2003\03-070XPCReso w/COAs, doe Cm. Machtmes said to keep in mind that it is so unique for Dublin. He wants to balance the needs of Sybase for security. His concern is that by going straight to the fence it has cut right to the chase. He would prefer to see something else tried first. He would like to see if additional patrols would help. On motion by Cm. Jennings, seconded by Cm. Nassar, by a 4-1-0 vote, with Cm. Machtmes opposed, the Planning Commission approved RESOLUTION NO. 04 - 17 A RESOLUTION OF THE PLANNING COMMISSION APPROVING AN AMENDMENT TO PA 99-062 TO PERMIT THE INSTALLATION OF PERIMETER FENCING, VEHICULAR AND PEDESTRIAN ACCESS GATES WHICH WOULD AMEND THE SITE DEVELOPMENT REVIEW FOR SYBASE INC., LOCATED AT THE NORTHWEST CORNER OF HACIENDA DRIVE AND DUBLIN BOULEVARD, INITIALLY APPROVED ON MAY 9, 2000 8.2 PA 03-070 Alameda County Auto Auction, Auto Service and Repair Center - Conditional Use Permit (Continued from February 10, 2004 meeting) Cm. Fasulkey asked for the staff report. Ms. Harbin, Senior Planner, presented the Staff report and a PowerPoint for the Planning Commission. She explained that on February 10, 2004, the Planning Commission held a.public hearing on the Alameda County Auction Service Center project. At that time, several neighboring business and property owners expressed concerns over the type of use proposed, the related safety hazards and potential adverse effects of the project on their businesses or properties. The Planning Commission directed Staff to meet with those concerned owners and businesses and revise the conditions of approval for the project to help alleviate the business and property owners' concerns. She explained that the proposal is by Adel Sadeh, the owner of the site. Ms. Harbin stated that all work will be performed inside building and no customers will. be entering the area or visiting the service center. Major repairs on the auction vehicles would be performed off site at the service centers specializing in a particular area of repair such as transmissions, clutches, and engines. The Sierra Court area currently has several light industrial businesses, administrative offices, telecommunication businesses, small manufacturers and distribution centers, storage facilities, a construction/electrical supply company, a plastics manufacturer distribution center, and a pool and spa supply shop. Ms. Harbin stated that the business and property owners expressed concerns over the type of use proposed, the related safety hazards and potential adverse effects of the project on their businesses or properties. Staff met with the business and property owners on February 18, 2004 and identified those areas of concern, The business and property owners were concerned that the repair and services offered at the proposed service center that might generate noise, fumes and visual impacts. They had concerns that the repairs and servicing of the vehicles would be performed in the parking lot adjacent to the business. According to Ms. Harbin, customers will not be permitted to come to the site to pick-up or drop-off vehicles. Condition #1 of the Conditions of Approval has been revised to include a list of the Specific minor automotive repairs and services to be performed within the building limited to smog testing and related repairs, safety inspection and related repairs (including fluid replacement) oil and filter changes, windshield replacement, paint-less dent removal (including related minor detailing). Condition #22 has been revised that vehicles in that area will be obscured from view through the installation of wooden slats in the existing fencing, or replacement of the fencing with a solid fence. A restriction has been added to limit the maximum time to ten days for parking a vehicle being serviced or repaired in the fenced parking area. A new Condition of Approval #24, Truck Deliveries and Unloading of Vehicles was added based on other concerns at the meeting held on February 18th. The concerns were that large trucks hauling vehicles to the site would park on the street and create congestion and conflicts on the cul-de-sac. Another concern was that the auto service and repair would result in a loss of business by the existing business owners if driveways are blocked or storefronts are unable to be seen from the 'street for an extended period of time. There are no similar restrictions on: auto dealerships and · other related businesses that might include reStrictions on parking and unlOading of delivery trucks off-site. Staff has developed this new condition to be added to the existing project conditions to ensure that the use will not adversely affect other businesses located in the area. In general the City does not condition such facilities to restrict truck delivery and unloading. Staff recommends that the Planning Commission approve the conditional use permit based on the modified and revised conditions. It would be limited to serving only the Alameda County Auto Auction. Ms. Harbin stated that a letter was distributed from the property owners and business owners in the area. A manila file was also distributed with pictures of Sierra Court. Cm. Nassar asked if the modifications make the.business more consistent with an M-1 Light Industrial. Ms. Harbin stated it would be consistent as before but also a little more restrictive. Cm. Fasulkey opened the public hearing and asked if the applicant was available. Rick Woodward is the representative of Alameda County Auto Auction and for Mr. Sadeh. The Alameda County Auto Auction has been a corporate citizen with Dublin since 1993. They currently employ 25 people and that figure does not include the 7-10 people that will be added with the proposed project. With respect to the staff report and changes made, the applicant is agreeable to all the changes with one clarification to Condition No. 7. The clarification would be related to the 10,000 sq. ft. of office space, which will not be occupied as part of this application. It is the intent of Mr. Sadeh to possibly locate a tenant for that area at a later date. If leased to a tenant that ran a swing shift, they could not park vehicles overnight. He called their attention to the photos in the manila folders and suggested that they are agreeing to be held to a much higher standard than the surrounding neighbors. He explained that there are things going on in those pictures of surrounding neighbors that are prohibited. The outward appearance during its operation will have late model vehicles parked outside that are waiting for smog and safety check prior to being sold. Delivery of the vehicles will be made by driving them directly onto the site or by large and small car carriers. As a result of last meeting, they were asked to meet with neighbors, which they did. All aspects of the Conditional Use Permit were discussed including the scope of the work to be performed, parking and delivery and unloading of the vehicles as well as building upgrades. Mr. Woodward wanted to clarify for the record that the facility is not a public repair type use. He distributed photos showing large and small car carriers. Cm. King stated that Condition #7 does' not have the intent of restricting parking of another tenant. Mr. Woodward stated he wasn't sure what the intent was. He thanked the Planning · Commission. ~ Rick Duemling, representative for the Sierra Court business park, stated they strongly feel that the area is a business park and not for automotive use. He stated they are not opposed to Mr. Sadeh applying and occupying 6938 Sierra Court as long as the City maintains the M-1 Light Industrial. They feel the area would suffer negative impacts due to parking. They are very concerned about safety with the large car carrier. If Mr. Sadeh is allowed 4 hours to unload cars and the area is blocked for 4 hours, how do other delivery trucks and employees get in and out. He stated that Mr. Sadeh said they are not going to occupy the offices but last week there were desks delivered. For the last 2-3 weeks cars and boats are stored there already and a lot is going on before the project has been approved. He asked the Planning Commissioners to maintain the integrity of the M-1 Zoning. Dan Stewart, property owner at 6978 Sierra Ct. agreed with Mr. Duemling. Rory Manly, tenant at 6869 Sierra Ct agreed. Pat Weber, tenant at 6948 Sierra Ct agreed. Brad Brown, tenant and building owner at 6948 Sierra Ct agreed. Herman Duemling 6928 Sierra Ct. agreed. MaryArm Duemling, building owner of 6928 Sierra Ct. agreed. Bob Larrabee, 6968 Sierra Ct. owner agreed. Jim Lindsey, 6968 Sierra Ct., stated that his building is an investment for him and other locations have been plagued by auto uses. He does not believe that the conditions imposed can be enforced. Brad Steen, owner of 6908 Sierra Ct. agreed Steve Steen, owner of 6908 Sierra Ct. agreed. Cm. Jermings asked if the Auto Auction was closer to Dublin Blvd. Ms. Harbin stated yes, it is closer to Dublin Blvd and the service facility would be 5 blocks north of the Auto Auction site and back toward the end of the court. Cm. Jennings asked how often are cars delivered. Cm. Fasulkey asked if the applicant was available for comment. Mr. Sadeh stated approximately 20-25 cars are delivered on a daily basis. Cm. Jermings asked if the deliveries are usually on the larger car carrier. Mr. Sadeh stated that it is not feasible for the larger car carrier to deliver in the back area. It takes 20-25 minutes to unload the cars. Cm. Machtmes asked Mr. Sadeh if he would have a problem with reducing the amount of time the delivery trucks could be there. Mr. Sadeh responded the truck is only there for approximately 20 minutes so it would not matter if you reduced the time to one hour. He stated that one of the business owners that has a problem is because he has been using the Auto Auction parking lot for his employees and his delivery trucks. Cm. Fasulkey stated there might be history there but to let the project stand on its own merit. Cm. Fasulkey asked if anyone else wished to speak on the project; hearing none he closed the public hearing. Cm. Machtmes stated the conditions are restrictive that would prevent any type of nuisance occurring on the site. He is concerned with relying on the conditions and having the potential to revoke a CUP and whether the City would actually do that. He stated that it is very significant that automotive uses are already permitted in the existing M-1 area. With so many people having spoken against the project, the applicant is on notice that the CUP restrictions will be closely watched and enforced. Cm. King asked Staff if it is conceivable to review the project a year from now. Cm. Fasulkey asked the duration of a CUP. Ms. Ram responded that a CUP is indefinite and runs with the land once it is approved. The only way the Planning Commission could review it is if there was a problem. Cm. King asked if a condition could be added to review the project in a year. Ms. Ram said once it is approved it is approved and the City cannot put a condition on it to review it. Cm. King asked if the surrounding business owners could get the project on the Planning Commission agenda if Mr. Sadeh is not meeting the conditions. Ms. Ram said it would have to go through Code Enforcement if someone complained about the project. The Code Enforcement Officer would try and seek compliance. If he were unable to seek compliance it would come before the Planning Commission. Cm. King asked what if the Code Enforcement Officer chose not to bring it before the Planning Commission, could an individual making the complaint place an item on the Planning Commission agenda? Ms. Ram said it is placed on the agenda at the discretion of the Community Development Director or Planning Manager. Someone who is being complained against is given a time period to satisfy and correct the situation. Cm. Nassar said based on the pictures distributed by the applicant, the surrounding businesses have some code enforcement issues. How does the City deal with those types of issues? Ms. Ram said the City responds on a complaint basis. The first attention is to life and safety issues. The City Council has approved a list of items that are to be enforced without complaints. There is only one Code Enforcement Officer for the City. Cm. King asked if the pictures presented are permitted uses for the area. Cm. Fasulkey asked if the issues presented in the pictures are enforceable. Ms. Ram responded yes to both Cm. King and Cm. Fasulkey. They appear to be in violation of permitted uses. Cm. Jennings asked who provided the pictures. Cm. Fasulkey stated Mr. Woodward. There was discussion among the Planning Commission regarding the pictures submitted for the surrounding businesses. Cm. Fasulkey stated he is in favor of the language written regarding that all activities associated with the Automobile Repair and Service establishment shall be conducted entirely within the enclosed building, except that any repair vehicles temporarily parked outside of the building during the day must be operable. Cm. King agreed with Cm. Fasulkey. It restricts vehicles that are in for service or repair. Cm. Jennings said she couldn't find enough reasons to recommend denial. She is concerned with the large trucks going through and trying to turn around. Cm. Fasulkey asked Staff for their thoughts on changing the time frame of dropping the vehicles off from four hours to one hour. Ms. Harbin said in other areas of the City there no restrictions at all. The City is being much more restrictive for this project.. She stated that it does not take four hours to unload a truck. There is also a condition that states no blocking of driveway or access ways so the other parties in the area will not be affected. Cm. Fasulkey asked Ms. Harbin for the condition, which states no blocking of driveways. Cm. Machtmes said it can fall under Condition No. 4 regarding nuisance. Ms. Harbin said it would fall under Condition No. 4 and Condition No. 21 - Fire Safety.- Cm. Fasulkey asked for a motion. On motion by Cm. Nassar, seconded by Cm. Machtmes, by a 5-0 vote, the Planning Commission approved RESOLUTION NO. 04 - 18 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT REQUEST FOR PA 03-070 TO OPERATE AN AUTO REPAIR AND SERVICE ESTABLISHMENT TO SERVE THE ALAMEDA COUNTY AUTO AUCTION IN AN EXISTING BUILDING WITHIN THE (.,i~nir~ Commimior~ 53 'il,Ia;cfi 9, 2004 M-1 LIGHT INDUSTRIAL ZONING DISTRICT APN: 941-2756-004 Ms. Ram explained the appeal process in regards to the Auto Auction project. 8.3 PA 03-054 Crosswinds Church Conditional Use Permit - A Conditional Use Permit to allow an existing church to continue operating within an industrial building in a M-1 (Light Industrial) zoning district located at 6444 Sierra Court. Cm. Fasulkey opened the public hearing and asked for the staff report. Deborah Ungo McCormick, Planning Consultant, presented the staff report and PowerPoint presentation. She explained that on August 17, 1992, the Planning Commission approved Conditional Use Permit (CUP) PA 92-038 to allow a church use at 6444 Sierra Court. An amendment was approved in 1994 to allow a bookstore and in 1995 to allow increased capacity in the church auditorium. The Applicant is requesting that a Conditional Use Permit be approved for an additional 5 years. The Applicant's proposal for a CUP is different from their earlier CUP in that the church's membership has grown over the past 11 years. As a result of the church's increasing membership, church services, bible study groups, auxiliary groups and other church related events have increased over the years. Most daily and weekly classroom and administrative office activities have been accommodated within the space and on-site parking that was approved under the .original use permit. In order to accommodate the larger attendan~ce numbers, the Church was required to provide 150 spaces of off-street parking to be located onan adjacent Site during Wednesday evening and Sunday morning services. This off- site .parking agreement continues to be in-Place with the adjacent property owner, but would require re-negotiation with new owners should that property be sold during the timeframe of the Conditional Use Permit. There is a proposed modification to the Conditions of Approval to add a condition that church sponsored dance conCerts require approval by the Community Development Director on a case- by-case basis. Non-church sponsored dance concerts are not covered by this use permit and would require an amendment of the use permit by Planning Commission. Staff recommends that the Planning Commission adopt a Resolution approving a Conditional Use Permit to allow an existing church to continue for five additional years within a 40,000 square foot tenant space located at 6444 Sierra Court, with the above stated revised condition. Cm. Nassar asked the rational of having church dance events approved by the Community Development Director. Ms. McCormick stated that typically dance halls require a Conditional Use Permit. The purpose of this condition is to allow review by the Community Development Director in coordination with the Police Department to ensure everything is okay and to avoid potential problems. licensed, and no complaints have been received about the existing Small Daycare Home that would lead Staff to believe that expanding the use would be problematic. Staff recommends that the Planning Commission open the Public hearing, take testimony from the applicant and the public, close public hearing, deliberate and adopt a resolution approving the Conditional Use Permit for a Large Family Daycare Home at 6851 Langmuir Lane. Cm. Nassar opened the public hearing. Kelly Childer's, Applicant stated she is currently running a daycare and wants to expand the operation. She presented letters from her neighbors supporting the project. Cm. Machtmes asked if the letters are from direct neighbors on either side of her property. Ms. Childers stated the neighbor to the right is never home and is okay with the expansion. The letters of support are from her neighbors to the left and across the street. Cm. Machtmes asked how many children would be too many for her facility. Ms. Childers stated she CUrrently has eight. The California State Licensing allows 12-14 so anymore than that would be too many. Cm. Jennings asked if the maximum number of fourteen children includes her children. Ms. Childers stated yes. She has four Children, W ch of the four'are counted towards the maximum number. Her oldest child is eighteen and does not have to be counted. Cm. Nassar asked if there were any other questions; hearing none he closed the' public hearing and asked for a motion. On a motion bY Cm. King seconded by Cm. Jermings by a vote 4-0-1 with Cm. Fasulkey absent, the Planning Commission approved RESOLUTION NO. 04 - 04 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR A LARGE FAMILY DAYCARE HOME CONDITIONAL USE PERMIT AT 6851 LANGMUIR LANE (PA 03-066) 8.2 PA 03-070 Alameda County Auto Auction, Auto Service and Repair Center - Conditional Use Permit. Conditional Use Permit to permit an auto service and repair center for exclusive use by the Alameda County Auction in an approximately 19,850 square foot existing building with an approximately 5,000 square foot outdoor vehicle storage area on a 1.08 acre site. ~Pfanni~qj Commission 7 er'?~ta'U ?' 2004 ~egufar 5~feetintt ~" ?' i; ~ Cm. Nassar asked for the staff report. Ms. Harbin presented the staff report. The Alameda County Auto Auction, located at 6438 Sierra Court, is requesting a Conditional Use Permit for a new auto repair and service establishment to serve the automobiles to be sold at the auction. The service center is proposed for an existing building located at 6938 Sierra Court, which is in an M-1 (Light Industrial) Zoning District. The new auto service center will be located approximately 1/2 block to the north from the actual auction site on Sierra Court, and will perform minor repairs on the autos to be sold. Major repairs on the auction vehicles would be performed off-site at service centers specializing in a particular area of repair such as transmissions, clutches, and engines. At the present time, ail auto service and repair work on vehicles sold at auction is performed at privately owned and operated centers. The Conditional Use Permit findings can be made in the affirmative because the building was originally built and intended for industrial and commercial service uses, such as the proposed Auto Repair and Service establishment. Additionally, Staff has proposed COnditions of Approval as part of this use permit that will ensure the proposed use does not have negative impacts on surrounding businesses and users. The use of the building as an auto repair and service center will also result in a benefit to the light industrial area as some of the minor auto services and storage presently taking place at the auto auction site will be fully enclosed with the proposed auto service center building. Staff recommends that the Planning Commission adopt the attached resolution approving a Conditional Use Permit for an auto repair and service establishment for minor auto repair and ~ service limited to serving the Alameda County Auction in an existing building, sUbject to conditions of approval. Cm. Nassar asked if there were any qUestions for staff; hearing none he opened the public hearing. Adel Saadeh, Owner stated he is in agreement with staff and available for questions. Cm. Jennings asked staff if parking was adequate. Ms. Harbin stated yes and explained the parking for the area. Fred Falender, 6918 Sierra Court is concerned with the proposal and that it will change the neighborhood.' The neighborhood is well maintained and feels the project is not compatible with the surrounding areas. He is opposed to the project. Ms. Harbin explained that there are other auto type uses in the area allowed by a Conditional Use Permit. The conditional use permit is for auto auction service use only and is not open for any other use types. Commission 8 rFe6ruaD~ .t0, 2004 Cm. Nassar asked for clarification of activity in the building. Ms. Harbin stated it would be very minor auto repairs and service work such as changing oil, tune-ups and minor detailing work.' There would not be any hazardous waste or materials or a lot of noise. Mr. Falender asked if there is a condition that prohibits them working on cars outside. Ms. Harbin resPonded yes. There is a condition in the resolution for the Conditional Use ' Permit, which prohibits repair and service in the parking area. All work must be performed in the building. Cm. King asked Mr. Falender if the conditions are firmly enforced would that meet his concerns. Mr. Falender said it would meet his concerns if they don't junk up the outside of the building. Brad Brown, Business Owner at 6948 Sierra Court stated he owns the building that shares the north side parking lot. He has concerns with the use for that area. The conditions cannot be enforced 24/7. It is guaranteed to turn into a big mess and he is opposed to the prOject. Cm. King asked Mr. Brown if he has had experience with businesses like the proposed Auto Auction. Mr. Brown responded yes. His business was previously in San Ramon that was near automotive repair. There were problems with paint, which caused a mess. He does not believe it is the right business for the location and that the conditions cannot be enforced everyday. Cm. King asked if the conditions proposed are firmly enforced adequately to meet Mr. Brown's concerns. Ms. Harbin stated yes. The City's Code Enforcement program is very efficient in enforcing non- compliance issues. Ms. Ram stated that if the applicant does not comply with the conditions the Use permit could be revoked. Brad Steen, 6908 Sierra Court stated he is in agreement with Mr. Brown. The experience that he has had with car repair facilities is less than desirable. The detriment that can happen with a facility like this is a concern. He suggested that the Planning Commission look at the automotive facility on Golden Gate Drive, which has deteriorated. He asked what recourse is there if the guidelines are not met. ~ Ms. Ram stated to contact Planning Staff the Code Enforcement DivisiOn and speak to the Code · Enforcement OffiCer. He Would go out and talk to the operator/owner of the site to see if he ®fzl. nni~U Commission 9 qre§rua.~ 10, 2004 YLe, qufar 5qeeti~f could get compliance. It is usually monitored for a few months. If the City cannot achieve compliance, the permit would be recommended for revocation before the Planning Commission. Ms. Harbin stated additionally the businesses mentioned do also major auto-repair and service work, not minor as proposed under this Conditional Use Permit. Mr. Steen asked if the Conditional Use Permit for the Golden Gate Drive area has the same conditions and zoning. Ms. Ram stated the Golden Gate Drive development might have been prior to the City incorporating. She is not aware of the conditions for that area but are available in Planning if Mr. Steen would like to review them. Mr. Steen suggested for the Planning Commission to drive by the Golden Gate development area before making their decisions. Rick Duemling, 6978 Sierra Court stated his family has been in Dublin since 1974 as a business owner. He is concerned that the Auto Auction will change the character of the businesses on Sierra Court. He also has concerns with the environmental impacts that wiI1 occur with oil, paint, noise and the traffic and parking issues. He explained on the day of the auctions there are parking problems. Cm. Jennings asked the Applicant to describe minor repairs as part of his business. Mr. Saddeh responded tune-ups and smog check. Cm. Jennings asked if there was anything else that is considered minor. Mr. Saddeh stated changing sensors on the vehicle. Cm. Jennings asked if they are planning to do oil changes. Mr. Saddeh stated they would have the oil changed down the street and pay $25 rather than deal with the mess. Cm. Nassar asked if they have a permit to handle hazardous materials. Mr. Saddeh responded they are planning to get a hazardous waste permit. Cm. Nassar stated there are concerns with the vacant office space and the future use of the space. Mr. Saddeh stated that they have no use for it and can stay vacant. The only part they have a use for is the warehouse portion of the building. tP[annin~] Comrai4'sion 10 qre, firuar3~ t0, 2004 C~egufar ?ffeetin~l Cm. Nassar asked Mr. Saddeh if he was opposed to screening or fencing the property. Mr. Saddeh responded he is not opposed to fencing. He is purchasing the building and is not going to do anything to jeopardize a building he is paying 2.7 million dollars for. They will not do any repairs outside and they are not open to the public for repairs. Cm. Nassar asked his opinion on needing security for the area. Mr. Saddeh stated there is no reason for security but they do have a security guard, which will cover both the auction site and this site. There are no repairs being done on the outside. All auto bodywork is done at another facility in San Francisco. Cm. King asked who are the customers of the auction. Mr. Saddeh responded the public. Cm. King asked who owns the vehicles that are sold. Mr. Saddeh stated they own some of the vehicles and some are consignment. Cm~ Machtmes asked what attracted him to this particular building. ~ Mr. Saddeh stated the location is closer to the auction site. Cm. Machtmes asked if they looked at other buildings in Dublin. Mr. Saddeh responded yes but they were not for sale. Cm. King asked if he has received any complaints from City Staff regarding the current business. Mr. Saddeh stated there are a few issues they are working out at the auction site and that is one of the reasons they are purchasing this building. Cm. King asked the nature of the complaints. Ms. Ram stated storage of materials outside, detailing and repairs o£ cars under canopies. He has been extremely cooperative with the City to reach compliance. Mr. Saddeh stated he wants to reach compliance with the City and will do what is required. Cm. Machtmes asked Mr. Saddeh if his escrow was contingent on his conditional use permit. · ~! Mr. Saddeh responded yes. ®[a. nnin~l Commission 11 q:eSruary .t0, 2004 q(e g ufa r .,q4.eet ing Cm. Jet'mings asked if a hazardous material permit is required. Mr. Saddeh responded yes. Cm. Nassar if there were any further questions, hearing none he closed the public hearing. Cm. King stated that the business owners that have come forward and have very valid concerns. The area is zoned for this type of business subject to a conditional use permit. He would like to vote for approval, however, with a condition for screening the fence and limited to certain type of repairs. Cm. Machtmes had concerns with the use type and how realistic it would be to have the use permit revoked. Cm. Jennings asked if there are similar uses in the surrounding area. Ms. Harbin stated Smart Auto Glass is in the area. Cm. Nassar suggested a modification to the conditions to specify the type of services allowed, the fence, and possibly staff and the applicant to meet with those concerned. After much discussion, the Planning Commission continued the item to March 9, 2004. 8.3 PA 03-033 Stage 1 Planned Development Rezoning and West Dublin BART Specific Plan Amendment for a residential, hotel, and restaurant/retail development on property at 6600 Golden Gate Drive. Ampelon Development Group, on behalf of the San Francisco Bay Area Rapid Transit District (BART) has submitted an application for a Stage 1 Planned Development Rezone/Development Plan for a 210-unit apartment complex, 150-room hotel, and 7,500 square foot ancillary restaurant/retail pad at 6600 Golden Gate Drive. Cm. Nassar asked for the staff report. Kristi Bascom presented the staff report and explained that the proposed project consists of a West Dublin BART Specific Plan amendment, Planned Development Rezoning, and related Stage 1 Development Plan to permit 210 apartments, a 150-room hotel, and 7,500 square foot restaurant/retail pad on approximately 7.26 acres at 6600 Golden Gate Drive, adjacent to the future West Dublin BART station. The high-density residential portion of the development would be located on the southwest corner of St. Patrick Way and Golden Gate Drive, and is proposed as a four-story building wrapped around structured parking. The hotel portion of the project would be located closest to Highway 580, and is proposed as a five-story hotel with surface parking and some parking tP&nning Comtn'tsdo~t 12 tFe~rtta, ry 10, 2004 q~eguFar ~q4eetm~ AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: March 9, 2004 SUBJECT: PUBLIC HEARING - PA 03-070, Alameda County Auto Auction, AutOmotive~Service Center - Conditional Use Permit (continued from February 10, 2004) r-,~,/ Report prepared by: ~lanet Harbin, Senior Planner ATTACHMENTS: 1. Resolution approving a Conditional Use Permit for an auto repair and service establishment in an eXisting building (including revised conditions, and with project plans attached as Exhibit A) 2. Planning Commission minutes and agenda report of February 10, 2004 RECOMMENDATION: 1. Open public hearing and hear Staff presentation. 2. Take testimony from the Applicant and the public. 3. Question Staff, Applicant and the public. 4. Close Public hearing and deliberate. 5. Adopt Resolution (Attachment 1) approving a Conditional Use Permit for an auto repair and service establishment limited to serving the Alameda County Auction in an existing building, subject to revised conditions of approval. PROJECT DESCRIPTION: The Alameda County _Auto Auction, located at 6438 Sierra Court, is requesting a Conditional Use Permit for a new auto repair and service establishment to serve the automobiles to be sold at the auction. The service center is proposed for an existing building located at 6938 Sierra Court, which is in an M-1 (Light Industrial) Zoning District. The new auto service center will be located approximately 1/2 block to the north from the actual auction site on Sierra Court, and will perform minor repairs on the autos to be sold. Major repairs on the auction vehicles would be performed off-site at service centers specializing in a particular area of repair such as transmissions, clutches, and engines. At the present time, all auto service and repair work on vehicles sold at the auction is performed at privately-owned and operated centers throughout the area. Automobile Service establishments are permitted in an M-1 district with the approval of a Conditional. Use Permit. The Sierra Court area of Dublin is home to several light industrial businesses, r:~h-nirdstrative offices, telecommunication businesses, small manufacturers and distribution centers, and storage facilities. Many of these businesses have existed in the area since the late 1970's and were approved by Alameda County before City incorporation. Surrounding businesses include a label manufacturer, a construction/electrical supply company, a plastics manufacturer distribution center, and a pool and spa supply shop. The building was most recently occupied by Tyco, a fire and security'protection business COPIES TO: Applicant/Owner Applicant's Consultant In-House Distribution G:\PAgk2003\03-070 Alameda Cry AuctionXPCSR2,doc and the site is fully improved. The aufo repair and service center is proposing.to occupy an existing industrial building consisting of 19,850 square feet. All automobile service and repair activities will be conducted solely within the building. An approximately 5,000 square foot paved outdoor area on the southeast portion of the site will be fenced and gated for the storage of vehicles to be repm_'red or that have been repaired. No servicing or repair of vehicles will occur in the parking lot or vehicle storage area. This condition is reflected in Conditions 5(e) and 20 of the Conditions of Approval in the Resolution in Attachment 1. No customers will be entering the area or visiting the service center. Previous Planning Commission Action: On February 10, 2004, the Planning Commission held a public hearing on the Alameda County Auction Service Center project (see Attachment 3 for agenda report and minutes). At that time, several business and property.owners expressed concerns over the type of use proposed, the related safety hazards and potential adverse effects of the project on their businesses or propertieg. The Planning Commission directed Staff to meet with those concerned and revise the conditions of approval for the project to help alleviate the business and property owners' concerns. The public hearing was continued to March 9th. ANALYSIS: A complete analysi~ of the project is contained in the Planning Commission agenda report for February 10, 2004, attached to this report as Attachment 3. Staff met with the business and property owners on February 18, 2004 and identified thos6 areas of concern presented at that meeting and also at the Planning Commission hearing. Staff has modified the wording in two conditions, Conditions # 1 and 22, according to these discussions. The following discussion addresses only the revisions to the Conditions of Approval that Staff has made based on the discussion .w/th the business and property owners and the concerns expressed by the Planning Commission. Condition of Approval #1, Approval: At the Planning Commission public hearing, business and property owners discussed their concerns that the Automobile Repair and Services offered at the proposed service center On Sierra Court would offer complete auto repair services, thereby generating noise, fumes and visual impacts. Additionally, there were concerns that the repairs and servicing of the vehicles would be performed in theparking lot adjacent to the business rather than within the building as proposed by the Applicant. The operations at the sitewill consist of minor auto repairs and service within the improved building, and will only be for use by the Auto Auction to prepare autos for sale at the auction site on Sierra Court, a few blocks from the site of the proposed service center. Customers will not be permitted to come to the site to pick-up or drop-off vehicles. Condition #1 of the Conditions of Approval has been revised to include a list of the specific minor automotive repairs and services to be performed within the building at the subject site, and would thereby limit those services to smog testing and related repairs; safety inspection and related repairs (including fluid replacement); oil and filter changes; windshield replacement; and, paint less dent removal (including related minor detailing) as follows: 1. Approval. This Conditional Use Permit approval for PA 03-070 establishes an Automobile Repair and Service establishment to provide limited auto repair service limited to smog testing and related repairs: safety inspection and. related repairs (including fluid replacement'): oil and filter changes; windshield replacement; and, paint-less dent removal (i ncluding related minor detailin industrial building. Conditio.n of ApProval #22, Vehicle Storage Area Restrictions: Business and property owners also discussed their concerns at the meeting with Staffthat the automobiles, to be repaired and serviced at the Alameda County Auto Auction Repair and Service Center may :be stored for extended periods of time in the fenced parking/storage area of the site near the Alameda County Flood Control Channel. This would result in adverse visual impacts to surrounding businesses and from the public street. Condition #22 has been revised to include language that vehicles in that area will be obscured from view through the installation of wooden slats in the existing fencing, or replacement of the fencing with a solid fence. Additionally, a restriction has been added to limit the maximum time to ten (10) days for parking a vehicle being serviced or repaired in the fenced parking area. These revisions to the condition should help to alleviate the surrounding business and property 'owners' concerns. The revised condition reads as follows: 22. Vehicle storage area restrictions. The proposed fenced and gated vehicle storage area shall be as shown on the Project Plans. and shallw~^-~" ~'ow ..... ~,o~,,~ +~,~ ~,,,,~+^~ ;'Vehicles_ to be serviced or repaired may be parked in this area, but for no longer than ten (10) calendar days. No auto services, repairs, painting or draining of oil, anti-freeze, or other chemicals frOm autos shall be allowed in the gated vehicle storage area. The Applicant shall obscure the view of the vehicle storage area by installing, wooden slats in the existing fencing, or replace with solid fencing subject to the approval of the Community Development Director. Condition of Approval #24, Truck Deliveries and Unloading of Vehicles: Staff has added a new condition to the conditions of approval for the project based on other concerns expressed by business and property owners at the meeting held on February 18th. Some of the attendees were concerned that large tracks hauling vehicles to the site would park on the street and create congestion and conflicts on the cul- de-sac where tl/e new service center would be located. This could result in a loss of business by the existing business owners if, driveways are blocked or storefronts are unable to be seen from the street for an extended period of time. Staff reviewed past approvals of auto dealerships and other related businesses that might include restrictions on parking and unloading of delivery trucks off-site. Unfortunately, no standard conditi~)n was found. Because of this, Staff has developed a new condition to be' added to those conditions in Aftachmem 1 to ensure that the use will not adversely affect other businesses located in the area. The new condition reads as follows: 24. Truck Deliveries and Unloading of Vehicles. All trucks delivering and unloading vehicles to the service center shall be in accordance with the State of California Motor ' Vehicle Code regulations related to the off-loading and delivery of cars and street parking of trucks. Additionally, the loading and unloading of a truck in the public right-of-way associated with the service center shall be limited to a maximum time of four (4) hours. Public Noticing: Additional notice of the continued public hearing was sent to ali property owners within 300 feet of the property and all interested parties on March 2, 2004. CONCLUSION: The Conditional Use Permit findings contained in the Resolution in Attachment 1 can be made because the building was originally built and intended for industrial and commercial service uses, such as the 'proposed Auto Repair and Service establishment. The proposed use is consistent with the General Plan ' and the zoning district regulations and permitted uses. Additionally, Staff has proposed revised · Conditions of Approval as part of this use permit that will ensure the proposed use does not have negative impacts on surrounding businesses and users. The use of the building as an auto repair and service center will also result in a benefit to the light industrial area as some of the minor auto services and storage presently taking place at the auto auction site Will be fully.enclosed within the proposed auto service center building. 3 RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution approving a Conditional (' Use Permit for an auto repair and service establishment limited to serving the Alameda County Auction in an existing building, subject, to the revised conditions of approval. g:~PA#k2003\03-070~PCSR, doc 4 GENERAL INFORMATION APPLICANT: Adel Saadeh PROPERTY OWNER: Alameda County Auto Auction 6438 Sierra Court Dublin, CA 94568 LOCATION: 6938 Sierra Court ASSESSOR PARCEL NUMBER: 941-2756-004 APPLICANT'S CONSULTANT: Rick Woodward, SIOR Commercial Real Estate Services 111 Civic Dr. Suite 210 Walnut Creek, CA 94596 ACME Architectural Group, Inc. 9 Gonsalves Ct. Alameda, CA 94502 GENERAL PLAN DESIGNATION: Business Park/Industrial EXISTING ZONING AND LAND USE: Zoning: M-1 (Light Industrial) Existing Land Use: Light Industrial/Commercial AGENDA STATEMENT- ( PLANNING COMMISSION MEETING DATE: February 10, 2004 SUBJECT: PUBLIC HEARING - PA 03-070, Alameda County Auto Auction, Automotive Service Center - Conditional Use Permit prepared by: Janet Harbin, Senior Planner) ~ 0 epo ATTACHMENTS: 1. Resolution approving a Conditional Use Permit for an auto repair and service establishment in an existing building (with project plans attached as Exhibit A) 2. Written Statement 3. Site Plan and Floor Plan RECOMMENDATION: 1. Open public hearing and hear Staff presentation. 2. Take testimony from the Applicant and the public. 3. Question Staff, Applicant and the public. 4. Close public hearing and deliberate. 5. Adopt Resolution (Attachment 3) approving a Conditional Use Permit for an auto repair and service establishment limited to serving the Alameda County Auction in an existing building, subject to conditions of approval. PROJECT DESCRIPTION: The Alameda County Auto Auction, located at 6438 Sierra Court, is requesting a Conditional Use Permit for a new auto repair and service establishment to serve the automobiles to be sold at the auction. The service center is proposed for an existing building located at 6938 Sierra Court, which is in an M-1 (Light Industrial) Zoning District. The new auto service center will be located approximately 1/2 block to the north from the actual auction site on Sierra Court, and will perform minor repairs on the autos to be sotd: Major repairs on the auction vehicles would be performed off-site at service centers specializing in a particular area of repair such as transmissions, clutches, and engines. At the present time, all auto service and repair work on vehicles sold at auction is performed at privately owned and operated centers. Automobile Service establishments are permitted in an M-1 district with the approval of a Conditional Use Permit. The Sierra Court area of Dublin is home to several light industrial businesses, administrative offices, telecommunication businesses, small manufacturers and distribution centers, and storage facilities. Many of these businesses have existed in the area since the late 1970's and were approved by Alameda County before City incorporation. Surrounding businesses include a label manufacturer, a construction/electrical supply company, a plastics manufacturer distribution center, and a pool and spa supply shop. The building was most recently occupied by Tyco, a fire and security protection business and the site is fully improved. ~ COPIES TO: Applicant/Owner In-House Distribution G:kPAgk2003\03-070 Alameda Cry AuctionkPCSR. doc The auto repair and service center is proposing to occupy an existing industrial building consisting of 19,850 square feet. All automobile service and repair activities will be conducted solely within the building. An approximately 5,000 square foot paved outdoor area on the southeast portion of the site will be fenced and gated for the storage of vehicles to be repaired or that have been repaired. No servicing or repair of vehicles will occur in the parking lot or vehicle storage area. This COndition is reflected in Conditions 5(e) and 20 of the Conditions of Approval in the Resolution in Attachment 3. No customers will be entering the area or ~isiting the service Center. ANALYSIS: Pursuant to the Dublin Zoning Ordinance, Vehicle Repair and Service uses are permitted by with the approval of a Conditional Use Permit in any M-1 (Light Industrial) zoning district. The purpose and intent of the City's industrial zoning districts is to "provide appropriate industrial areas to accommodate enterprises engaged in manufacturing, processing, and repairing goods, merchandise, or equipment." Operation and Conditions of Approval: The proposed hours of operation are proposed to be Monday through Saturday from 8:30 a.m. to 7:00 p.m., and closed on Sundays (see Applicant's Statement, Attachment 2). As the use will be completely enclosed with the building and separated from residential development by the San Ramon Creek Channel and easement, adverse noise impacts from the use are not anticipated. Additionally, Conditions of Approval in the Resolution in Attachment 1 are proposed for this project which will ensure that the proposed use can be accommodated in accordance with the intent of the zoning district while maintaining an attractive industrial area that is compatible with surrounding uses. The Applicant has.agreed to substantially upgrade the landscaping on the site and has incorporated this in the Project Plans (see also Condition 20 of Resolution). The parking 10t will be restriped and additional lighting will be installed for the safety of employees and for security purposes (see Conditions 18 and 19 of Resolution). Parking: The property at 6938 Sierra Court consists of a I9,850 square foot industrial building with approximately 30 parking spaces, including those in the outdoor storage area on the site. A portion of the interior of the building (10,100 square feet) is designed for office use but will not be used by the business. It is estimated that a maximum of 7 to 9 employees will work at the site. Based on the square footage to be occupied in the building (9,850 square feet) and the type of the business being conducted, twenty-four (24) parking Spaces and one (1) handicap space are required for commercial/industrial uses such as auto repair according to the City's parking regulations. As no customers will be permitted to come to the service center, the parking provided will be sufficient for this use. Additionally, the vehicle storage area contains 12 parking spaces which may be used for overflow parking as needed, along with on-street parking. Building Permits: To improve the tmilding located at 6438 Sierra Court for use as a auto repair and service center, the applicant will be required to submit plans for review and approval to the Building and Safety Division to obtain building permits prior to construction. Ail proposed construction and building modifications will be required to conform to the current Uniform Building Code (UBC) and all Dublin ordinances in effect at the time of building permit issuance (see Conditions 2 and 3 of Resolution). Additionally, the project has been reviewed by the Alameda County Fire Department, and must meet the agency's requirements contained in Condition 2 i of the, Resolution prior to the issuance of building permits and occupancy. 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. The project consists of minor modifications to an 2 existing building and is consistent with all General Plan and Zoning regulations, and currently served by all required utilities and public services. CONCLUSION: The Conditional Use permit findings can be made in the affirmative because the building was originally built and intended for industrial and commercial service uses, such as the proposed Auto Repair and Service establishment. Additionally, Staff has proposed Conditions of Approval as part of this use permit that will ensure the proposed use does not have negative impacts on surrounding businesses and users. The use of the building as an auto repair and service center will also result in a benefit to the light industrial area as some of the minor auto services and storage presently taking place at the auto auction site will be fully enclosed with the proposed auto service center building. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution approving a Conditional Use Permit for an auto repair and service establishment limited to serving the Alameda County Auction in an existing building, subject to conditions of approval. G 5PA#~003\03 -070",PCSR. doc GENERAL INFORMATION: APPLICANT: Adel Saadeh PROPERTY OWNER: Alameda County Auto Auction 6438 Sierra Court Dublin, CA 94568 LOCATION: 6938 Sierra Court ASSESSOR PARCEL NUMBER: 941-2756-004 APPLICANT'S CONSULTANT: Rick Woodward, SIOR Commercial Real Estate Services 111 Civic Dr. Suite 210 Walnut Creek, CA 94596 ACME Architectural Group.} Inc. 9 Gonsalves Ct. Alameda, CA 94502 GENERAL PLAN DESIGNATION; Business Park/Industrial EXISTING ZONING AND LAND USE: Zoning: M-1 (Light Industrial) Existing Land Use: Light Industrial/Commercial 4 PHOTO #1 ~ PHOTO #2 --~ PHOTO #3 -~ PHOTO TEfllPRt $CO, , RE~RESENTINC, MANUFACTURERS OF QUALITY PROOUCTS March 2, 2004 RICK DUEMLING President Fittings, Valves & Controls Telephone: (800) 991-2726 City of Dublin 6928 Sierra Court Facsimile: (800) 757-2726 Dublin, CA 94568-2641 Cellular: (925) 998-8413 100 Civic Plaza www.tempresco.com emaih rick@tempresco.com Dublin, CA 94568 Attention: Janet Harbin, Senior Planner, Planning Department Subject: Conditional Use Permit for Auto Service & Repair Center Location: 6938 Sierra Court, Assessors Parcel Nos. 941-2756-004 Reference: Project PA 03-070, Alameda County Auto Auction Dear Ms. Harbin: Thank you for meeting with the concerned property owners and building tenants of the Saddleback group of Buildings located at the terminus of Sierra Court. We appreciated the opportunity to meet with you and Chris Foss the City's Economic Development Manager, as well as ask candid questions of the potential new building owner, Mr. Adel Saadeh and his agents present. To make our position clear, we are not opposed to Mr. Saadeh purchasing and occupying the property at 6938 Sierra Court. In fact, we welcome Mr. Saadeh as a fellow building owner and business neighbor provided the property is used as it is currently zoned, namely M-I, for light industrial usage. We consider this to include light manufacturing, warehousing, distribution, and general clerical business 'administration. We feel it would be a disservice to the current property owners and tenants, as well as to the City of Dublin, to approve a conditional use permit allowing automotive repair and vehicle servicing in this location. The City of Dublin currently has over thirty-five automotive repair facilities within the city limits (attachment #1). These are congregated on Golden Gate Drive, Scarlett Court, Dougherty Road and Village Parkway. While necessary service providers for the citizens and visitors to the City of Dublin, a cursory viewing of these areas reveals many of these establishments park vehicles on the street, have high in-out traffic, and, due to their nature, are noisy. As the City of Dublin's first, and still very well maintained business park, we respectfully ask the Planning Staff and Commissioners to preserve the integrity of the City's zoning. We feel the citizens, businesses and City of Dublin would be far better served by the utilization of some of the unsightly and unoccupied former automotive areas such as currently exist on the corner of Amador Valley Boulevard and Village Parkway, or possibly along Scarlett Court. RECEIVED ~R 0 & 2004. · ~, ~.~ , ~ Many of the Sierra CoUrt business owners and tenants listed below have been doing business, paying taxes, and providing employment in the CitY of Dublin for a very long time. in fact, some owners have traVeled to Sierra Court each morning for over 30 years! It is with this high level of pride in our Dublin businesses, that we ask the City to carefully weigh our concerns. We strongly feel that an automotive repair and service facility in this business community should not be allowed for the following reasons: · PARKING Parking of auto auction vehicles on the street waiting for service would negatively impact the ability of Customers and Visitors (photo #1 ) to transact business at the existing Sierra Court light industrial and distribution businesses. · TRAFFIC Mr. Saadeh estimates he moves 300 to 500 cars a month at his auto auction. We were informed, most of these cars come from wholesalers or lease return companies and are transported to the auto auction on semi-truck car carriers (photo #2). If vehicles were to be delivered down to the end of Sierra Court, we are concerned such large trucks will block the ingress/egress of our employees, customers, and delivery vehicles. If cars would be driven for smog warm-up from the current site of the auto auction to the end of the court, traffic congestion on Sierra Court (photo #3) would be further negatively impacted. · SAFETY While there are varying opinions of how long it takes to unload a semi-truck car carrier, we are concerned that if the terminus of Sierra Court is blocked for even only 20 minutes, that emergency vehicles may not be able to respond in a timely manner to a police action, fire, or worse, a life threatening situation. · NOISE Mr. Saadeh confirmed it is his intention to smog test cars at 6938 Sierra Court. During this test, vehicles are driven on a dynamometer and the RPM is raised. We are concerned about the resulting noise multiplied by of the number of vehicles that are proposed for smog testing, as well as the supplemental noise emitted from air compressors and other hand, pneumatic and/or power tools. · POLLUTION In the course of repairing cars and servicing vehicles, oil and radiator fluid may be changed, brakes, transmissions and power steering may be worked on, batteries removed, tires exchanged, and auto body and fender and paint wOrk may be performed. We remain concerned about dangerous fugitive emissions from vehicle exhaust, the proximity of hazardous and/or cancerous materials, their storage, recycling and disposal, and the potential for environmental harm. It should be noted that this site not only adjoins our business properties, but also backs up to a creek and the private residences of citizens of the City of Dublin. In closing, we respectfully request the City of Dublin preserve the M-1 light industrial zoning for 6938 Sierra Court and not now or in the future issue any conditional use permits for automotive service and repair for this or any of the addresses listed below. The terminus of Sierra Court Business Community (attachment #2) is a unique, organized, and valuable facet of the City of Dublin, which her citizens, staff, and elected officials can be proud to support. Kindly advise the preferred format for presenting our data and pictures at the next Public Hearing and confirm that professional representation is welcome. We tha~ you in advan~lued time and positive consideration. Eira~/8.~ev-e ~3teen Rob Larrabee Eq~fiflox Press Construction Electrical Products Building Owners & Tenants Building Owner & Tenant 6908 Sierra Court 6958 Sierra Court Mr. Fred Falender Mr. Jim Lindsey Building Owner Building Owner 6918 Sierra Court 6968fSi.efta Court Marianne E. Duemling ~ Row Manley, General Manager Trustee, Duemling Family Trust General Pool & Spa Supply Building Owner ' Building Tenant 6928 Sierra Court 6968 Sierra Court ~'~Rick & Herf~an l~Liemling Dan Stewart TEMPRESCO, inc. Amador Valley Vending Building Tenant Building Owner & Tenant 6928 Sierra Court 6978 Sierra Court [~'~-& be~)/~h~ChCn~ All American Label FE Technology, Inc.'-" Building Owner & Tenant Building Owner & Tenant Pa~Weber ~¢~rn Hunted Custom Photographic Services ~el Monte Electric Building Tenant 'Building Owner & Tenant 6948 Sierra Court 6998 Sierra Court Brad & Steve Stesn Bob Larrabee Equinox Press ~ Construction Electrical Products Building Owners & Tenants Building Owner & Tenant 6908 Sierra Court 6958 Sierra Court Mr. Fred Fatender Building Owner. Building Owner 6918 Sierra Court 6968 Sierra Court \ Trustee, Duemling Family Trust General Pool & Spa Supply Building OWner ' Building Tenant 6928 Sierra Court 6968 Sierra Court TE~RESCO, inc, Ama~or Valley Ven~ing Building Tennant · Building Owner & ~enant 8928 Siena Cou~ 6g~8 S~rra Cou~ -'~ All Amefl~n Label FE TeChnology, lnc, Building OWner & Tennant guildin~pw~er & Tenant 6948 Sierra Cou~ 6988 S,&rra Cou~ -=--=-- ..... ~= = ::==::': ~--- J hn Pat Weber o Hunter Custom photographic Services Del Monte Electric Building Tenant Building Owner & Tenant 6948 Sierra Court 6998 Sierra Court E~rad & Steve Steen Rob Larrabee Equinox Press Construction Electrical Products .~uilding Owners & Tenants Building Owner & Tenant ,908 Sierra Court ~Slerra Court/h~ Vlr. Fred Falender ,j~l'r. Jim Lindse~ ~uiiding Owner ~ Building Owner ~918 Sierra Court 6968 Sierra Court Vlarianne E. Duemling Rory Manley, General Manager l'rustee, Duemling Family Trust General Pool & Spa Supply ]uilding Owner Building Tenant ~928 Sierra Court 6968 Sierra Court ~,ick & Herman Duemlir~g Dan Stewart FEMPRESCO, inc. Amador Valley Vending 3uiiding Tenant Building Owner & Tenant ~928 Sierra Court 6978 Sierra Court ~rad Brown Diana & Leayah Chang ~,11 American Label FE Technology, Inc. ~uilding Owner & Tenant Building Owner & Tenant ~948 Sierra Court 6988 Sierra Court sat Weber 'John Hunter ;ustom Photographic Services Del'Monte Electric ~uilding Tenant Building Owner & Tenant 1948 Sierra Court 6998 Sierra Court CITY OF DUBLIN AUTOMOBILE .REPAIR SHOPS (as of March 1, 2004) AAA GLASS 17046 Village Pkwy. ALL AUTO GLASS I 16386 Scarlett Ct. ALL SMOG 7034 Village Pkwy, ASHTON AUTO SERV 6743 Dublin Blvd AUDI INDEPENDENT 6785 Dubllin Blvd. AUTOBOHN 6398 Dougherty Rd. AUTOMOTIVE CONSULTANTS 7136 Village Pkwy. AUTOSPORT PERFORMANCE 6383 Scarlett Ct. BARRY AUTO 6415 Golden Gate Dr. BIG O TIRES 7121 Dublin Blvd. BOB SMITH GLASS & ALUM 7046 Village Pkwy. BROADWAY MOTOR 7140 Village Pkwy. C & B SERVICE 6411 Golden Gate Dr. CAR TEK 6008 Dougherty Rd. CROWN CHEVROLET 7544 Dublin Blvd. DIABLO ENG & MACH 6355 Scarlett Ct. 3UBLIN AUTO (Walsh's) 6429 Golden Gate Dr. DUBLIN AUTOWORKS 6351 Dublin Blvd. DUBLIN GLASS 6743 Dublin Bird #11 DUBLIN HONDA 7900 Amador Plaza DUBLIN BUICK 440 John Monego Ct. DUBLIN TOYOTA 6450 Dublin Ct. FIRESTONE TIRES 6985 Dublin Blvd. FOOTHILL TRANSMISSSION 6743 Dublin Blvd FUNKS AUTO REPAIR 6423 Golden Gate Dr. GARY'S AUTO ELEC. 6465 Clark Ave. fCA KAHLER'S 6117 Dougherty Road LOW PRICE AUTO GLASS 6355 Scarlett Ct. - Ste. #8 MIDAS AUTO SERV 6955 Village Pkwy. PIONEER AUTO SERV 833-0110 QUALITY TUNE-UP 6053 Dougherty Rd. RYNICK 6000 Dougherty Rd. SCHUCK'S 6443 Golden Gate SHARMROCK FORD 4600 Dublin Blvd. SMOG STATION 6380 Scarlett Ct. STONRIDGE CHRYSLER JEEP 6701 Amador Plaza TRI-VALLEY MUFFLERS 6437 Golden Gate ' , u mn..Iot B ne :park.'.repi es. a ' Ill ~ormor0 Qty Council Supporters of the aUetlon'16t' said at. D ~'V 'l/.1.. {)'.~ [~l l/~ 1' : areas that would: require a lot of trriga- approvesalmost 3 million the tlme 'that' the City CounCil should ' ' - . tlon were kept to a m~nlmum. appi'ove the project, as they might nbt "something beftef ff We hold oht f6f :it." day's hearing was critical' of the Regardless, the comments about square leet el office'space, get a better offer. Councilman Tom Reltt6r said. p?oject, saying it would: require too this project were far less intense than warehouses. .... . ....- on' Monday night, City .Council' Th~ developers ~{' the- Oaks Bu~i- much lrrlgalion water /md was too those directed at the proposed 10,000,. ,~,'Mlke White ' members shid they found a. better ness Park at. Isabel Av~nue~and 'West close to Llvermore'Mhulclpal Airport, car ADT Auto AucUon lot on the same '" site. The council in 1999-voted against ,proJec[. The council unanlmOusly'ap:".Jack L~)ndod Botir~d said the3/ex,- A develoner renresentatlve and a S?~A~..FWRITER., ' pr?ed a business park-with up to"2:9 ,:'pi~ct:th~.'proje~{ Will cbnslst r~f 60 i~er: .itu ~ta~. ~.v~h;¢ ~a a~o~.~, .' ,aa the project .after westside, opponents ~iLIVERMoRE. -- 'Five years' ago, milll0n square feet of light industrial :cent"qflk~-.rdsearch 'and d~veiopn~ent ..~ ~__'77_ T"~';', ~.,'2~;~' .~'~o::.'ZY'2,'~ gathered' 3,811 signatm'es against it. ~liSt:e :than: ~d0 'p~ople pai/ked a us~q'afld-ofllces C0Uneilwome- w^~ ...:.~.: : .... ;, :_: ~: ~ .,~:,~-; , ....;. poaeanazararo.meousmesspar~, .. . . ~- ,,,,~- . u~c~ m~u ,*u percent right' mnusuaat althonah 'bulldlnt~ helohts were llfiaited They said it would ruin neighborhOOds ~iieetlng and..cibnvineed clty. leaders toraineDletheh.and M/u:j. Leider wd-e ab- :;'.uses~ :.MUch'~, Of. the 'ia~d eu~rcntrv 'I~ - -~- ~.,--? ..~' with exeesslve traffic. al~indon plan~[for 'a inasslv~ auto ane- Sent ' · ' : · "-uae~'i:,~/o~-io,,i6,;-afi, i,,-d' o~ ' - ? 'y oecause oi me airport's proxlm!ty:'And Westside- resident Mark Beeman · . . . .~ : -:- ~..~ 77' T°'t~'~'2'~ }'~' .... :'. 'i ..they.said that while the grounds will in- tl0n 10t in West'g/t~,ermore. ' . ~Th~s ~s an example mat we' can get . 'The.'one person who spoke: at Man- elude mm~y itrees and shrubs, turf Please see PAIIK, News 9 I~'~ ?:"~,~. ,'~ !:'~ ?','!~ ....... :~:. . . Council acted on project after lengthy review ,r~ i~ h"RK,'rom Newsl testament to the developer who has put this . - · - package together that no one here tonlght is o s one of the. 700 opponents of the auctlon lot saying thl&.should not gq forward." attended, the final'~neeung five'years ago. He' The council acted on the project after a long elected to the'coune~ two years ago..: review by city staff members and the Planning Il  "3'hlle:peopk.who Showed u~,.:at.thatmedlng Co .n~lsslan. Both staff mem, be, r,s, ~d,, the Pltu}; ~-- ess'than hapPY with What'was proposed. I nlng commission recommenaea mar me councu ~: 0ne Of 'thOs~ pe0ple'' Beeman said' "It lsa approve the project'ill ~--~ 6938