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HomeMy WebLinkAboutPC Reso06-31 Appv CUP Low Price Auto Glass 06-017 RESOLUTION NO. 06 - 31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO LEGALIZE LOW PRICE AUTO GLASS IN THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT LOCATED AT 6355 SCARLETT COURT # 8 (APN 941-0550-015-08) PA 06-017 WHEREAS, the Applicant, Shant Hogopian, owns Low Price Auto Glass, which has operated in this location since 1999; and WHEREAS, the Applicant has requested a Conditional Use Permit to legalize Low Price Auto Glass at 6355 Scarlett Court #8, APN 941-0550-015-08, in the M-l (Light Industrial) Zoning District; and WHEREAS, the proposal includes an approximately 3,000 square foot AutomobileNehicle Repairs and Service in an existing building (Buisick Gearing Property), which is currently occupied by various industrial and automobile repair services; and WHEREAS, an AutomobileNehicle Repairs and Service facility is permitted in the M-l (Light Industrial) Zoning District with approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the Community Development Director has determined that the automobile glass repairs and installation services provided by Low Price Auto Glass are substantially similar to the repairs and services provided by an AutomobileN ehicle Repairs and Service facility, as set forth in the Dublin Zoning Ordinance Section 8.08.020; and WHEREAS, the Applicant submitted project plans and a written description for the requested entitlement received by the Planning Division, which are on file in the Community Development Department; and WHEREAS, the application has been reviewed in accordance with the proVIsIOns of the California Environmental Quality Act (CEQA) and this project was found to be categorically exempt under the CEQA Guidelines Section 15301 as it is a comparable use in an existing building with minor alteration; and WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public hearing on said application on August 22, 2006; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to make a decision; and 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 hereby find that: A. The proposed use, as conditioned, is compatible with other land uses, transportation and service facilities in the vicinity because: 1) the property is zoned M-1 (Light Industrial); 2) Dublin Zoning Ordinance Section 8.12.050 states that an AutomobileNehicle Repairs and Service use is permitted in the M-l (Light Industrial) Zoning District with a Conditional Use Permit; 3) Dublin Zoning Ordinance Section 8.08.020 defines "AutomobileNehicle Repairs and Service" as a facility that may provide various repairs and services for automobiles, trucks, boats and recreational vehicles; 4) the Director of Community Development has determined the glass repairs and installation services provided by Low Price Auto Glass are substantially similar to the repairs and services provided by an AutomobileN ehicle Repairs and Service facility, as set forth in the Dublin Zoning Ordinance Section 8.08.020; 5) the proposed use is compatible with uses in the vicinity, which include a variety of automobile repairs, sales and services; and 6) the proposed location of the facility is in a 3,000 square foot tenant space located in an existing buildin& B. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health safety and welfare because: 1) the proposed facility will comply with all City of Dublin and State regulations; 2) the proposed facility will be located in an existing building and is compatible with the existing uses within the building and uses currently under review by the City in the building and within the vicinity of the building; 3) the use will be conducted within the building; and 4) as conditioned, improvements will be required to be made to the property in order to minimize impacts this use may have on existing uses and to bring the property into compliance with current State, Regional and Local regulations including modifications to the site to comply with NPDES requirements and restriping and patching/repair of the parking lot surface to promote safety and property maintenance on the site. C. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood because: 1) as conditioned, the proposed use will comply with all City of Dublin and State regulations; 2) the proposed use will be located in an existing building and no exterior modifications to the building are proposed; 3) the proposed use is appropriate in the Light Industrial Zoning District; 4) the proposed use will be compatible with the surrounding uses; and 5) as conditioned, improvements will be required to be made to the property, including repairs in order to bring the property into compliance with current Local and State regulations. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety and welfare because: 1) the proposed use will be located in an existing building and will not require additional public services; and 2) the building and property were designed to accommodate a variety of uses, with which the proposed use is compatible. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: I) the proposed use will be located in an 2 existing building which was designed to support a variety of automobile repairs and services and industrial uses; 2) the proposed use is small, 3,000 square feet in size, and is located in a portion of an existing building and therefore will not dominate the available square footage ofthe building or the property and will not change the overall density of the site; 3) as conditioned, the Applicant will be required to exercise adequate property maintenance; 4) as conditioned, the proposed use is prohibited from storing vehicles outside or parking vehicles in non-designated parking stalls in order to reduce impacts on the site; and 5) as conditioned, improvements will be required to be made to the property which will reduce impacts on adjacent uses and aid in the operation of the proposed use including the requirement to restripe the existing parking lot because the existing striping is faded and is difficult to see in order to provide adequate parking for the facility and for the safety of customers for Low Price Auto Glass. F. The proposed use will not be contrary to the specific intent clauses, development regulations or performance standards established for the zoning district in which it is located because: 1) the proposed use is a Conditional Use in the M-l (Light Industrial) Zoning District and is a permitted use when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 2) the proposed use meets its parking obligations as set forth in Dublin Zoning Ordinance Section 8.76.080.D, as the proposed use is required to provide 10.5 parking stalls, and a total of 51 (50.8) parking stalls are required to support the existing and proposed tenants of the building and there are a total of 65 parking stalls on-site; 3) the proposed use is compatible with the existing uses found in the building and therefore meets the requirements of the Dublin Zoning Ordinance; and 4) the proposed use is consistent with the intent of the M-l (Light Industrial) District as defined by Section 8.28.020.B of the Dublin Zoning Ordinance because the proposed use meets the needs of residents in the City, is compatible with the surrounding land uses and will be conducted entirely within the existing building. G. The proposed use, as conditioned, is consistent with the Dublin General Plan because: 1) the General Plan Land Use designation for the parcel is Business ParklIndustrial and Outdoor Storage, which permits research, manufacturing, storage, and other light industrial uses; 2) the proposed use is permitted with a Conditional Use Permit and is compatible with the zoning district in which it is located; and 3) as conditioned, the proposed use will operate in such a manner as to limit impacts on the surrounding businesses. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve PA 06-017, Conditional Use Permit, to allow an AutomobileNehic1e Repairs and Service use in the M-l (Light Industrial) Zoning District subject to the following Conditions of Approval: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to review and approval by the City of Dublin. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL.] Planning, [B) Building, [PO] Police, [DSR] Dublin San Ramon Services District and [F) Alameda County Fire Department. 3 CONDITION TEXT GENERAL - CONDITIONAL USE PERMIT 1. Approval. This Conditional Use Permit approval for P A 06-017 allows a Low Price Auto Glass at 6355 Scarlett Court #8. The project shall generally conform with the project plans received by the Planning Division on July 12, 2006, on file in the Community Development Department, and other plans, text, and diagrams relating to this Conditional Use Permit, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approved use shall commence within one (1) year of CUP approval, or the CUP shall lapse and become null and void. Commencement of use means the actual use pursuant to the permit approval, or, demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a CUP expires, a new application must be made and processed according to the requirements of the Dublin Zoning Ordinance. 3. Continued Use. This Conditional Use Permit approval shall become null and void in the event the approved uses cease to operate for a one-year period. 4. Annual Review. On an annual basis, this Conditional Use Permit approval may be subject to a review by the Planning Manager to determine compliance with the Conditions of Approval. 5. 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 of the terms and conditions of this permit may be subject to the issuance of a citation. 6. Modifications. Modifications or changes to this Conditional Use Permit approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. PROJECT SPECIFIC 7. Service. No service work or repairs shall be RESPON. AGENCY PL PL PL PL,PO PL PL PL 4 WHEN REQ'D Prior to: On-going On-going On-going On-going On-going On-going On-going SOURCE Planning DMC 8.96.020.D Planning Planning DMC 8.96.020.1 DMC 8.104.100 Planning CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: conducted outdoors. 8. Vehicle Storage. No vehicles shall be PL On-going Planning stored on the premises. Campers, trucks or recreational vehicles. may not be stored outside. No vehicle shall be parked in any fire lanes or shall be parked III non designated parking stalls. 9. Property Maintenance. The Applicant and PL On-going Planning Property Owner shall maintain the building, site and all building materials, III good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 10. Temporary Promotional Signage. Prior to PL Display DMC the display of any temporary signs, 8.84.050.T including banners, a Temporary Promotional Sign Permit must be applied for and approved. BUILDING DIVISION 11. Building Codes and Ordinances. All B Through Completion Building project construction shall conform to all building codes and ordinances in effect at the time of building permit. 12. Construction Drawings. Construction B Issuance of Building Building plans shall be fully dimensioned (including Permits building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. 13. Addressing. Address will be required on B Occupancy Building all doors leading to the exterior of the building. PUBLIC WORKS 14. Clarifications and Changes to the PW Prior to Approval of Public Works Conditions. In the event that there needs Improvement Plans to be clarification to these Conditions of Approval, the Directors of Community Development and Public Works have the authority to clarifY the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor mod.ifications to these conditions without gOlllg to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 15. Standard Public Works Conditions of PW Prior to Approval of Public Works Approval. Applicant/Developer shall Improvement Plans comply with all applicable City of Dublin Public Works Standard Conditions of 5 CONDITION TEXT 16. Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. Hold Harmless/lndemnification. The Developer shall defend, inde1llllify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extend such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law: provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. Conditions of Approval. A copy of the Conditions of Approval which has been annotated how each condition is satisfied shall be included with the submittals to the Public Works Department for the review of improvement plans. The notations shall clearly indicate how all Conditions of Approval will be complied with, and where they are located on the plans. Submittals will not be accepted without the annotated' conditions. Improvement Agreement and Security. Pursuant to ~7.16.620 of the Municipal Code, the Applicant shall obtain a Sitework Permit from the Public Works Department for the installation of required site improvements. As a condition of issuance of said permit, Improvement Security shall be posted in the form of cash, a certified or cashiers check, a letter of credit, or a permit bond executed by the applicant and a corporate surety authorized to do business in California. The amount of the security will be based on the estimated cost of the site work (excluding the building). The applicant shall provide an estimate of these costs for City review with the first plan submittal. Improvement Plans. All improvement, plans submitted to the Public Works 17. 18. 19. RESPON. AGENCY PW PW PL, PO, F, PW, DSRSD PW 6 WHENREQ'D Prior to: Through completion of Improvements and occupancy of the Buildings With each submittal of Improvement Plans Prior to Issuance of Grading/Sitework Permit Prior to issuance of GradinglSitework SOURCE Public Works Public Works Public Works Public Works CONDITION TEXT 20. Department for review/approval shall be prepared in accordance with the approved CUP, these Conditions of Approval, and the City of Dublin Municipal Code. When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (8Yz" x 11" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). Sitework Permit. All improvement work must be performed per a Sitework Permit issued by the Public Works Department. Said permit will be based on the final set of civil plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Site Improvement Permit Application Instructions and attached application (three 8W' x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. Water Quality/Best Management Practices. Pursuant to the Alameda Countywide National Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board (RWQCB), the applicant shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. All trash dumpsters and compactors which are not sealed shall have roofs to prevent contaminants from washing into the storm drain system. All storm drain inlets shall be stenciled "No Dumping - Drains to Bay" uSlllg an approved marker available from the Alameda Countywide Clean Water Program. Disabled Parking. All disabled parking stalls shall meet State Title 24 requirements, including providing curb ramps at each loading zone. Curb ramps cannot encroach within the loadinlllunloadinll areas. Disabled stalls 21. 22. RESPON. AGENCY PW PW PW 7 WHEN REQ'D Prior to: Permit Prior to issuance of Grading/Sitework Permit Prior to issuance of Grading/Sitework Permit Within 90 days of Planning Commission Approval SOURCE Public Works Public Works Public Works CONDITION TEXT shall be conveniently located and grouped near the primary entrances to each building. Van accessible stalls shall also be provided and shall meet State Title 24 requirements. 23. Vehicle Parking. Applicant shall repair any distressed areas of pavement within the existing parking field, then seal and re- stripe the entire parking field. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to Figure 76-3 and ~8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized spaces shall have the word "COMPACT" stenciled on the pavements within each space. 12"-wide concrete step- out curbs shall be constructed at each parking space where one or both sides abut a landscaped area or planter. Wheel stops as necessary shall be provided at the oarking stalls. 24. Damage/Repairs. The Applicant/Developer shall be responsible for the repair of any damaged pavement, curb and gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the proiect. 25. Trash Bins. All trash dumpsters, boxes and bins shall be located in an approved trash enclosure or shall be located inside the tenant spaces. Trash dumpsters or bins may only be temporarily located outside of the building for trash pickup. At no time shall the dumpsters or bins or any similar item be located in a parking space or in a fire lane. 26. Trash Enclosure/Garbage Area. The proposed trash enclosure shall be architecturally designed to be compatible with the building. The enclosure shall have a roof constructed of materials that area architecturally compatible with the building. The doors must be designed with self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure(s) at all times. An area drain shall be installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenient wash-down of the trash enclosure. Prior to installation of a trash enclosure, the Applicant or Properly Owner shall apply for and receive approval of a Site Develooment Review Waiver and RESPON. AGENCY PW PW PL,PW PW 8 WHEN REQ'D Prior to: SOURCE Within 90 days of Public Works Planning Commission Approval Within 90 days of Public Works Planning Commission Approval Following Planning Public Works Commission Approval Within 90 days of Public Works Planning Commission Approval CONDITION TEXT a Building permit. 27. Refuse Collection. The Applicant/Developer shall provide designated refuse collection areas for the project, subject to approval by the appropriate solid waste collection company prior to approval of improvement plans. All refuse collection areas shall be screened from public view and shall have roofs to protect against rainwater intrusion and floor drains connected to the sanitary sewer system to collect runoff from periodic washdown. The refuse collection service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting of putrescible solid waste as well as source-separated recyclable materials generated bv this proiect. 28. Required Permits. An encroachment permit from the Public Works Department may be required for any work done within the public right-of-way. Developer shall obtain all permits required by other agencIes, including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department ofFish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 29. Fees. The Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to: Planning fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; lnclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. FIRE PREVENTION DIVISION 30. No cutting, welding, open flame or draining of fuel tanks will be done in the space. 31. Occupancy Separations. Provide occupancy separations from the adjacent spaces as required bv the CBC Chapter 3. 32. Hazardous Materials. The storage and use of hazardous materials shall comply with the California Fire Code. 33. Knox Box. Provide a Knox Box or Knox RESPON. AGENCY PW PW PW F F F F 9 WHEN REQ'D Prior to: SOURCE Prior to issuance of Public Works Building Permit Various Times and Prior to issuance of Building Permit Prior to Issuance of Building Permit On-going Occupancy On-going Occupancy Public Works Public Works CBC 311.1, CFC article 29 Fire Fire Fire CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: Padlock at the entrY to the tenant space. 34. Address Numbers. Approved address F Occupancy CFC 901.4.4 numbers shall be placed on the space in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall be placed on a contrasting backQround. 35. Codes. The project shall comply with F On-going Fire Uniform Building and Fire Codes as adopted bv the City of Dublin. POLICE DEPARTMENT 36. Security. The applicant shall comply with PO On-going Police all applicable City of Dublin Non Residential SecurIty Ordinance reauirements. 37. Address Numbers. Addressing and PO Occupancy Police building numbers shall be visible from the approaches to the building. 38. Lighting. Exterior lighting shall be PO Occupancy Police installed over all doors. The applicant shall submit a final lighting plan for approval by the Dublin Police. A photo metric lighting plan showing the foot candles provided by the lighting fixtures will be part of this lighting plan. 39. Parking Lot. Security lighting shall be PO On-going Police provided in parking lot areas. . 1.0 candle lights shall be installed at ground level in parking lot areas . lighting fixtures shall be of a vandal resistant tvoe. 40. Landscaping. Exterior landscaping shall be PO On-going Police kept at a minimal height and fullness reducing someone's ability to conceal themselves. 41. Graffiti Abatement. The applicant shall PO On-going Police keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. 42. Theft Prevention and Security. The PO On-going Police applicant shall work with the Dublin Police on an ongoing basis to establish an effective theft prevention and security program. 43. Business Site Emergency Response Card. PO On-going Police The applicant will need to receIve and complete a "Business Site Emergency Response Card" from Police. DUBLIN SAN RAMON SERVICES DISTRICT 44. Prior to the issuance of any building permit, DSRSD Issuance of Building DSRSD complete improvement plans shall be Permit submitted to DSRSD that conform to the requirements of Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and 10 CONDITION TEXT Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 45. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 46. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability Illsurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 47. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No. 46 (above) have been satisfied. 48. The applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and inde1llllify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project RESPON. AGENCY DSRSD DSRSD DSRSD DSRSD 11 WHEN REQ'D Prior to: SOURCE Issuance of Building DSRSD Permit Issuance of Building DSR Permit On-going DSRSD Issuance of Building DSRSD Permit PASSED, APPROVED AND ADOPTED this 22nd day of August 2006 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, Fasulkey and King NOES: None ABSENT: None ABSTAIN: None ~ Planning Commission Chair ATTEST: O:\P A#\2006\06-017 Low Price Auto Olass\PC Reso.doc 12