HomeMy WebLinkAbout07-02-1984 84-006 Winning Action Inv. CUP
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: July 2, 1984
FROM:
Planning Commission
Planning Staff!9 1f
TO:
SUBJECT:
(American City
stop and weigh
PA 84-006, Winning Action Investment, Inc.,
Truck Stop) Conditional Use Permit for a truck
station at 6117 Dougherty Road.
GENERAL INFORMATION
PROJECT: A request by Winning Action Investments for a
Conditional Use Permit to allow the existing truck stop and
weight station to continue in operation at 6117 Dougherty Road.
APPLICANT AND REPRESENTATIVE:
Fred Houston
6117 Dougherty Road
Dublin, CA 94568
PROPERTY OWNER:
Winning Action Investments, Inc.
7045 Dublin Blvd.
Dublin, CA 94568
LOCATION:
6117 Dougherty Road
Dublin, CA 94568
ASSESSOR PARCEL NUMBER: 941-205-16
PARCEL SIZE:
Approximately 5 acres
EXISTING ZONING AND LAND USE: PD, Planned Development allowing
both Light Industrial (M-l) and General Commercial (C-2) uses.
Present land use consist of a truck stop and weight station.
SURROUNDING LAND USE AND ZONING:
North:
South:
East:
West:
Lumber Yard, PD allowing M-l and C-2 use
Brake Shop, and vacant, M-l and PO
Flood Control Channel and Railroad
Bowling Alley, C-2
ZONING HISTORY:
3-4-81 - Alameda County approved a
Conditional Use Permit for the existing truck
stop and weight station; Conditional Use
Permit expired on 3/4/84.
7-11-84 - Dublin Planning Commission approved
a tentative parcel map for the site; the
parcel map has not been recorded.
APPLICABLE REGULATIONS:
Section 8-51.3 states that a truck stop and weigh station
may be considered as a Conditional Use in an M-l District.
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ITEM NO.
'1. J
Section 8-51.10 states that open areas used for storage
shall be enclosed by a solid wall or fence with a minimum height
of six feet.
Section 8-94.0 states that conditional uses must be analyzed
to determine: 1) whether or not the use is required by the public
need; 2) whether or not the use will be properly related to other
land uses, transportation and service facilities in the vicinity;
3) whether or not the use will materially affect the health or
safety of persons residing or working in the vicinity; and 4)
whether or not the use will be contrary to the specific intent
clauses or peformance standards established for the district in
which it is located.
Section 8-94.4 states the
Permit may be valid only for a
contingent upon the acceptance
conditions.
approval of a Con9itional Use
specified term, artd may be made
and observance of specified
ENVIRONMENTAL REVIEW: Staff recommends that a Negative
Declaration be adopted on the basis that the project should not
have a significant impact on the environment.
NOTIFICATION: Public Notice of the July 2, 1984, hearing was
published in the Tri-Valley Herald, mailed to adjacent
property owners, and posted in public buildings
ANALYSIS:
The Conditional Use Permit for the truck stop and weigh
station was originally approved by Alameda County on March
4, 1981. The County specified that the Use Permit would be
reevaluated at the end of a three year period, which would
be March 4, 1984. This request is for a renewal of the
Conditional Use Permit issued by Alameda County.
There are two principal issues associated with this request:
1) A recent oil spill and disesel leak which occurred at
the site and 2) bringing the site up to an acceptable
standard consistent with other projects recently approved in
the area.
With respect to the first issue, American City Truck Stop
experienced a surface oil spill and a subsurface diesel leak
in February of this year. At the time of the spill, heavy
rains were passing through the area and an undetermined
amount of oil seeped into the storm drain system. The City
called in the IT Corp (Geotechical Engineers) to determine
the extent of the spill and to conduct cleanup activities.
The report from the .IT Corp is attached to the staff report.
In essence, the IT report concluded that the spill was not
as severe as originally thought and that removal of the
contaminated soil would be the most likely solution. The
removal of the contaminated soil was to be done to the
satisfaction of the Regional Water Quality Control Board,.
(RWQCB). The City has had trouble receiving anything in
writing from the RWQCB regarding the excavation of the
contaminated soil. In phone conversations with the RWQCB
staff, they have indicated that the excavation has been
conducted. In addition, the planning staff hap sent a
certified letter to the RWQCB staff confirming that the
excavation has been done to their satisfacton (See attached
letter dated June 13, 1984).
It should be noted that when the Oublin Police Officers did
the initial investigation of the oil spill, they were
informed by American City Truck Stop employees that on
several occasions oil drums were emptied onto the gravel
surface to the rear of the site. It was also mentioned that
-2-
trucks have emptied their crankcases onto the ground as
opposed to an acceptable disposal system. It has also come
to the City's attention that an above-ground diesel tank is
located to the rear of the site~ which is a violation of the
Fire Code and needs to be removed.
Concerning bringing the site up to an acceptable standard,
it should be noted that the parcel does not have the
appropriate frontage improvements, contains no landscaping,
is not paved or drained properly and has an accumulation of
debris stored on the site. Most of these improvements
should have been installed when the County approved the
original Conditional Use Permit in 1981. It is now the
responsibility of the City to require the necessary
improvements. Since approximately only two thirds of the
site is being utilized for the trucking operation, it is
recommended that the required improvements correspond with
this portion of the site. The remaining one third of the
site can be cleaned of all debris and fenced off. This
portion could not be utilized for any use unless the
appropriate improvements were installed.
In order to bring the site up to an acceptable standard, and
to be consistent with other projects recently approved in
the area (U-Haul, Scotsmans, Valley Datsun, Busick, Danville
Wholesale Lumber, Crowell-Adams), staff recommends that the
following improv~ments be required:
1. Grant the necessary dedication and install the
appropriate frontage improvements along Dougherty Road.
2. Install AC paving from the future right of way line
to a point approximately 100 feet east of the shop building.
3. Install "chipseal" from the AC paving to the
existing fence running north-south to the rear of the site.
4. Provide an acceptable drainage system.
5. Provide an acceptable parking area for office and
truck employees.
6. Install landscaping in locations approved by the
Planning Department.
7. Install a screening fence around the perimeter of
the site from the future right of way line to the north-
south fence to the rear of the site.
8. Remove all the abandoned vehicles and debris which
is being stored on the lot.
9. Correct all Building and Fire Code violations.
10. Preclude all use of that portion of the site
located to the east of the north-south fence.
11. Comply with ACFC requirements.
These improvements are typical requirements of the similar
new developments which were noted above. Staff recommends
that the above improvements be bonded for within 30 days and
installed within 90 days.
RECOMMENDATION
-3-
FORMAT:
1. Open public hearing and hear staff presentation.
2. Take testimony from applicant and the public.
3. Question staff, applicant and the public.
4. Close public hearing and deliberate.
5. Adopt resolution regarding the Conditional Use
Permit.
ACTION: Staff recommends that the Planning Commission take the
following two actions: 1) Adopt a Resolution (Exhibit A) which
approves a Negative Declaration and 2)Adopt a Resolution (Exhibit
B) approving Winning Action Investment's request for a
Conditional Use Permit to allow the existing truck stop and weigh
station to continue in operation at 6117 Dougherty Road.
ATTACHMENTS
Exhibit A: Draft Resolution Adopting Negative Declaration
Exhibit B: Draft Resolution approving Conditional Use
Permit
1. Negative Declaration
2. Letter from Fred Houston dated 6/4/84
3. Report from IT Corporation dated 5/8/84
4. Letter to Regional Water Quality Control Board dated
6/13/84
5. Letter from Alameda County Health Services Agency dated
3/27/84
6. Letter from ACFC dated 2/21/84 and 6/8/83
7. Memo from Building office to Planning Department dated
6/21/84
8. Memo from Police Chief to Planning Department dated
2/17/84
9. Site plan
COPIES TO
Applicant
City Engineer
BID
File, PA 84-006
-4-
EXHIBIT A
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------------------------------------
ADOPTING A NEGATIVE DECLARATION RELATIVE TO PA 84-006, WINNING
ACTION INVESTMENT'S REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW
THE EXISTING TRUCK STOP AND WEIGH STATION TO CONTINUE IN OPERATION
AT 6117 DOUGHERTY ROAD, DUBLIN, CALIFORNIA
WHEREAS, Fred Houston, representing Winning Action
Investments, filed a request for a Conditional Use Permit to allow
the existing truck stop and weigh station to continue in operation
at 6117 Dougherty Road, Dublin, CA; and
WHEREAS, The California Environmental Quality Act
(CEQA), as amended together with the State's administrative
guidelines for implementation of the California Environmental
Quality Act and City Environmental regulations, requires that
certain projects be reviewed for environmental impact and that
environmental documents be prepared; and,
WHEREAS, an Initial Study and Negative Declaration have
been prepared by the Dublin Planning Oepartment; and
WHEREAS, the Planning Commission did review and
consider the Initial Study and Negative Declaration at a public
hearing on July 2, 1984;
NOW, THEREFORE, BE IT RESOLVED THAT THE Oublin Planning
Commission finds that the Initial Study and Negative Declaration
have been prepared and processed in accordance with State and
local environmental law and guideline regulations and that it is
adequate and complete.
PASSED, APPROVED AND ADOPTED this
, 1984.
th day of
AYES:
NOES:
ABSENT:
Planning Commission Chairman
ATTEST:
Planning Director
DP 83-20
RESOLUTION NO. 84-33
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------------------------------------
APPROVING PA 84-006, WINNING ACTION INVESTMENT'S REQUEST FOR A
CONDITIONAL USE PERMIT TO ALLOW THE EXISTING TRUCK STOP AND WEIGH
STATION TO CONTINUE IN OPERATION AT 6117 DOUGHERTY ROAD
WHEREAS, Fred Houston, representing Winning Action
Investments, filed an application for a Conditional Use Permit to
allow American City Truck Stop to continue in operation; and
WHEREAS, the Planning Commission did hold a public
hearing on said application on July 2, 1984; and
WHEREAS, proper notice of said public hearing was given
in all respects as required by law; and
WHEREAS, a Negative Declaration has been prepared for
this application in accordance with the provisions of the
California Environmental Quality Act; and
WHEREAS, a .Staff Report was submitted recommending the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider
all said reports, reco~~endations and testimony as hereinabove set
forth;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
a) The use is required by the public need to provide a
truck stop and weigh station;
b) The use will be properly related to other land uses
and transportation and service facilities in the vicinity as
daytime and early evening activities will be commensurate with
present use of properties in the area;
c) The use, if permitted, under all circumstances and
conditions of this particular case, will not materially affect
adversely the health or safety of persons residing or working in
the vicinity, or be materially detrimental to the public welfare
or injurious to property or improvements in the area, as all
applicable regulations will be met;
d) The use will not be contrarv to the sDecific intent
clauses or performance standards established for th~ District in
which it is to be located, as a truck stop and weigh station, with
limited impacts, is consistent with the character of the
industrial district;
BE IT FURTHER RESOLVED that the Dublin Planning
Commission does hereby approve said application with the following
conditions:
1) Grant the necessary dedication and install the
appropriate frontage improvements along Dougherty Road to the
specifications of the City Engineer.
np Rl-?O
2) Install AC paving from the future right of way line
to a point approximately 100 feet east of the shop building to the
specifications of the City Engineer.
3) Install "chipseal" from the AC paving to the
existing fence running north-south to the rear of the site to the
specifications of the City Engineer.
4) Provide an acceptable parking area for the office
and truck employees to the specifications of the Planning
Department and City Engineer.
5) Install an acceptable drainage system to the
specifications of the City Engineer.
6) Submit a landscape and irrigation plan for approval
by the Planning Department; said plan to be prepared by a licensed
landscape architect.
7) Install a screening fence around the perimeter of
the site from the future right of way line to the north-south
fence to the rear of the site; said fence to be approved by the
Planning Department.
8) Remove all the abandoned vehicles and debris which
is being stored on the site at the direction of the Building
Official.
9) Correct all Building and Fire Code violations at the
direction of the Building Official.
10) The area to the east of the north-south fence shall
not be utilized for any use or storage without the prior approval
of the Planning Department.
ll) Comply with ACFC requirements as approved by the
City Engineer.
12) The applicant shall submit a faithful performance
and warranty bond for the required public improvements within 60
days and complete the required improvements within 180 days at the
direction of the City Engineer.
13)
improvements
Director.
The applicant shall complete the required private
within 180 days at the direction of the Planning
14) This approval shall remain in effect until 1/2/85
and shall be revocable for cause in accordance with Section 8-94.7
of the Dublin Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 2nd day of July 1984.
AYES: Commissioner Alexander, Barnes, Petty and Raley.
NOES: Commissioner Mack
ABSENT: None
l\..\.tLL\ "'.L
Commission Chairman
Pla
nD Rl-?n
EXHIBIT B
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
------------------------------------------------------------------
APPROVING PA 84-006, WINNING ACTION INVESTMENT'S REQUEST FOR A
CONDITIONAL USE PERMIT TO ALLOW THE EXISTING TRUCK STOP AND WEIGH
STATION TO CONTINUE IN OPERATION AT 6117 DOqGHERTY ROAD
WHEREAS, Fred Houston, representing Winning Action
Investments, filed an application for a Conditional Use Permit to
allow American City Truck Stop to continue in operation; and
WHEREAS, the Planning Commission did hold a public
hearing on said application on July 2, 1984; and
WHEREAS, proper notice of said public hearing was given
in all respects as required by law; and
W~~REAS, a Negative Declaration has been prepared for
this application in accordance with the provisions of the
California Environmental Quality Act; and
WHEREAS, a Staff Report was submitted recommending the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider
all said reports, recommendations and testimony as hereinabove set
forth;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
a) The use is required by the public need to provide a
truck stop and weigh station;
b) The use will be properly related to other land uses
and transportation and service facilities in the vicinity as
daytime and early evening activities will be commensurate with
present use of properties in the area;
c) The use, if permitted, under all circumstances and
conditions of this particular case, will not materially affect
adversely the health or safety of persons residing or working in
the vicinity, or be materially detrimental to the public welfare
or injurious to property or improvements in the area, as all
applicable regulations will be met;
d) The use will not be contrary to the specific intent
clauses or performance standards established for the District in
which it is to be located, as a truck stop and weigh station, with
limited impacts, is consistent with the character of the
industrial district;
BE IT FURTHER RESOLVED that the Dublin Planning
Commission does hereby approve said application with the following
conditions:
1) Grant the necessary dedication and install the
appropraite frontage improvements along Dougherty Road to the
specifications of the City Engineer.
DP 83-20
2) Install AC paving from the future right of way line
to a point approximately 100 feet east of the shop building to the
specifications of the City Engineer.
3) Install "chipseal" from the AC paving to the
existing fence running north-south to the rear of the site to the
specifications of the City Engineer.
4) Provide an acceptable parking area for the office
and truck employees to the specifications of the Planning
Department and City Engineer.
5) Install an acceptable drainage system to the
specifications of the City Engineer.
6) Submit a landscape and irrigation plan for approval
by the Planning Department; said plan to be prepared by a licensed
landscape architect.
7) Install a screening fence around the perimeter of
the site from the future right of way line to the north-south
fence to the rear of the site; said fence to be approved by the
Planning Department.
8) Remove all the abandoned vehicles and debris which
is being stored on the site at the direction of the Building
Official.
9) Correct all Building and Fire Code violations at the
direction of the Building Official.
10) The area to the east of the north-south fence shall
not be utilized for any use or storage without the prior approval
of the Planning Department.
11)
12)
and warranty
complete the
Comply with ACFC requirements.
The applicant shall submit a faithful performance
bond for the required improvements within 30 days and
required improvements within 90 days.
13) This approval shall remain in effect until July 2,
1986 and shall be revocable for cause in accordance with Section
8-90.7 of the Dublin Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this
, 1984.
th day of
AYES:
NOES:
ABSENT:
Planning Commission Chairman
ATTEST:
Planning Director
I .
DP 83-20