HomeMy WebLinkAboutPC Reso06-40 RVX Internatl Inc PA06-041 CUP
RESOLUTION NO. 06 - 40
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR RVX INTERNATIONAL INC. TO
ESTABLISH A STORAGE AND RENTAL FACILITY FOR RECREATIONAL VEHICLES,
BOATS, AND AUTOS AT 6700 GOLDEN GATE DRIVE (APN 941-1500-047-02)
PA 06-041
WHEREAS, the Applicant, Steven M. Toth, has requested a Conditional Use Permit to establish
a storage and rental facility for recreational vehicles, boats and autos at 6700 Golden Gate Drive (APN
941-1500-047-02); and
WHEREAS, the proposal includes an approximately 118,000 square foot space in an existing
building, the remaining 107,000 square feet of which is currently occupied by a Warehouse and
Distribution Use; and
WHEREAS, the project site is within the West Dublin BART Specific Plan and has a land use
designation of Mixed Use and Retail/Office and a zoning designation of Planned Development (West
Dublin BART Specific Plan); and
WHEREAS, the Planned Development (West Dublin BART Specific Plan) Zoning District for
the project site permits existing buildings to be used in conformance with the former zoning district which
was in place before the Specific Plan was adopted, which in this case is the M-l (Light Industrial) Zoning
District; and
WHEREAS, the Dublin Zoning Ordinance permits the uses of AutomobileN ehicle Rental and
Automobile Vehicle Storage in the M-l (Light Industrial) Zoning District with approval of a Conditional
Use Permit by the Planning Commission; and
WHEREAS, the Applicant submitted project plans and a written description dated August 30,
2006 and September 1, 2006 for the requested Conditional Use Permit, 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 held a public hearing on October 10, 2006;
and
WHEREAS, proper notice of the public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and use its independent judgment and considered
all said reports, recommendations, and testimony herein above set forth.
NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does
hereby make the following findings and determinations regarding the proposed Conditional Use Permit:
A. The proposed project, as conditioned, is compatible with other land uses, transportation and service
facilities in the vicinity because: 1) the Zoning District applicable to the site is M-l (Light Industrial);
2) Dublin Zoning Ordinance Section 8.12.050 provides that a AutomobileNehicle Storage Lot and a
AutomobileNehicle Rental 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
Rental" as a facility which rents automobiles, vans, trucks, recreational vehicles, and utility trailers; 4)
Dublin Zoning Ordinance Section 8.08.020 defines "AutomobileNehicle Storage Lot" as a facility
that provides for the storage of operable automobiles, trucks, recreational vehicles, boats, trailers and
other similar vehicles; 5) the proposed use will be conducted entirely inside a 118,000 square foot
tenant space located in an existing building; 6) the proposed use is compatible with the existing uses
in the building that includes DHL Corporation, a Warehouse and Distribution use type, that is
currently utilizing the remaining 107,000 square foot suite; and 7) The subject property is surrounded
by uses such as a shopping center on the north, a restaurant and an office building on the west, vacant
land to the east and the Interstate 580 on the south which are compatible to the proposed indoor
vehicle storage and rental facility.
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, auto storage and rental 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; 3) the use will be conducted entirely inside the building; 4) as
conditioned, the proposed use will provide 29 additional parking spaces on site, generally located
between the building and the south side property line, in order to meet the parking regulations of the
Zoning Ordinance; 5) as conditioned, no vehicle service or repair work shall be done on site and no
vehicle washing or detailing shall be onsite; and 6) 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 and Local regulations including modifications to the
site to comply with NPDES requirements and striping 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 is appropriate in the (M-l) Light Industrial Zoning District; 3)
the proposed use will be located in an existing building and be conducted entirely within the building;
4) the approval of an auto storage and rental facility for the storage of recreational vehicles, boats and
autos is consistent with the use type as defined by the Dublin Zoning Ordinance; and 5) as
conditioned, improvements will be required to be made to the property, including repairs to the
parking lot to patch and repair any distressed areas of the parking lot on the property in order to bring
the property into compliance with the Dublin Zoning Ordinance.
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 large warehouse building and property were designed to
accommodate uses that require large spaces, 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: 1) the proposed use will be located in an existing building which
was designed to support a variety of warehouse and industrial uses; 2) the proposed use is 118,000
2
square feet in size, and is located in one portion of an existing building; 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 conducting car wash type activities on site in order
to reduce impacts on the site; 5) as conditioned, the operation of the proposed use includes striping the
parking lot for 29 additional auto parking spaces and repairing the parking lot; and 6) as conditioned,
the Applicant may only use a total of 10,000 square feet for the storage of rental vehicles in order to
continue to meet the parking requirements per use type and minimize parking impacts on tenants in
the building.
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 conditionally permitted in the M-l (Light Industrial) Zoning; 2) the proposed use
meets the intent ofM-l (Light Industrial) Zoning District in that the proposed use provides an indoor
storage facility, a use required for a large number of recreational vehicle and boat owners in the
community; 3) the proposed use meets the performance standards of the M-l (Light Industrial)
Zoning District in that the proposed use will be conducted entirely within the building and will not
generate any objectionable noise, odor, illumination, smoke or unsightliness; 4) the proposed use, as
conditioned, will meet its parking obligations as set forth in Dublin Zoning Ordinance Section
8.76.080.D. in that the proposed use is required to provide 60 parking stalls, and a total of 185 parking
stalls are required to support the existing and proposed legal tenants of the building, and there are a
total of 156 parking stalls on-site, therefore, the project has been conditioned such that 29 additional
spaces will be striped on site to meet the parking requirements of Dublin Zoning Ordinance; and 5)
therefore, the proposed use is consistent with the intent of the M-l (Light Industrial) Zoning District
as defined by Section8.28.020.B of the Dublin Zoning Ordinance because the proposed use meets the
needs of residents in the City, is compatible with the adjacent 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
proposed use is permitted with a Conditional Use Permit and is compatible with the zoning district in
which it is located; 2) the proposed use is compatible with the West Dublin BART Specific Plan in
that the Specific Plan provides that permitted and conditionally permitted uses of existing buildings
shall reference and conform to the Section 8.12 of the Dublin Zoning Ordinance titled "Zoning
Districts and Permitted Uses"; 3) the proposed use is conditionally permitted in the applicable M-I
(Light Industrial) Zoning District pursuant to the Dublin Zoning Ordinance. Hence, the proposed
project is in conformance with the West Dublin BART Specific Plan; and 4) the Zoning Ordinance
and the West Dublin BART Specific Plan are in conformance with the Dublin General Plan, and
therefore the proposed project is deemed to be in conformance with the General Plan.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve P A 06-
041, Conditional Use Permit for RVX International Inc. to establish a storage and rental facility for
recreational vehicles, boats and autos at 6700 Golden Gate Drive, subject to the following Conditions of
Approval and as shown in the Project Plans attached as Exhibit A and incorporated herein:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subiect to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: rPLl Planning, rBl Building, rpOl Police, rpWl Public Works,
3
[ADMl Administration/City Attorney, rFINl Finance, rFl Alameda County Fire Department, rDSRSDl
Dublin San Ramon Services District, rCOl Alameda County Department of Environmental Health.
CONDITION TEXT RESPON. WHEN REQ'D SOURCE
AGENCY Prior to:
GENERAL - CONDITIONAL USE PERMIT
1. Approval. This Conditional Use Permit PL On-going Planning
approval for P A 06-041 allows auto storage and
rental facility at 6700 Golden Gate. The project
shall generally conform with the project plans
received by the Planning Division on August
30, 2006 and September 1, 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 PL On-going DMC
commence within one (1) year of CUP 8.96.020.D
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 PL On-going Planning
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 PL,PO On-going Planning
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 PL On-going DMC
cause In accordance with Dublin Zoning 8.96.020.1
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. Fees. The Developer shall pay all applicable B, PL, ADM, Issuance of Building Standard
fees in effect at the time of building permit PW Permit
Issuance, including, but not limited to:
Planning fees; Building fees; Traffic Impact
Fees, Dublin San Ramon Services District
fees; Public Facilities fees; City of Dublin Fire
fees; Noise Mitigation fees; Inclusionary
Housing In-Lieu fees; Alameda County Flood
4
CONDITION TEXT RESPON. WHEN REQ'D SOURCE
AGENCY Prior to:
and Water Conservation District (Zone 7)
Drainage and Water Connection fees; and any
other fees as noted In the Development
Agreement.
7. Modifications. Modifications or changes to PL On-going DMC
this Conditional Use Permit approval may be 8.104.100
considered by the Community Development
Director if the modifications or changes
proposed comply with Section 8.104.100 of the
Zoning Ordinance.
PROJECT SPECIFIC - CONDITIONAL USE PERMIT
8. Service. No servIce work, repalfS, auto PL On-going Planning
detailing or washing of vehicles shall be
conducted on the proPerty.
9. Outside Vehicle Storage. Overnight parking PL On-going Planning
outside the building, including outdoor parking
for a period exceeding 24 hours shall not be
permitted. No vehicle shall be parked in any
fire lanes and all vehicles must be located in
designated parking stalls.
10. Parking. 29 additional parking spaces shall be PL Parking spaces shall be Planning
striped on site to meet the total requirement of installed within 90
185 parking spaces at 6700 Golden Gate Drive. days of the Planning
The new on-site parking stalls shall be Commission Approval
generally located at the rear of the building and of the Conditional Use
between the building and the south side Permit
property line. The parking area shall be used in
the manner represented in application plans,
written and verbal statements and other
documents, including the Applicant's written
statement received September 1,2006, and as
stipulated in this Conditional Use Permit.
11. Property Maintenance. The Applicant and PL On-going Planning
Property Owner shall maintain the building, site
and all building materials, in good condition
and shall keep the site clear of trash, debris and
graffiti vandalism on a regular and continuous
basis.
12. Sign Permits. No permanent signage IS PL,B On-going DMC
permitted as part of this application. Permits 8.84.110
must be applied for and obtained pursuant to
the Sign Regulations of the Dublin Municipal
Code.
13. Temporary Promotional Signage. Prior to the PL On-going DMC
display of any temporary SIgnS, including 8.84.050.T
banners, a Temporary Promotional Sign Permit
must be applied for and approved pursuant to
the Sign Regulations of the Dublin Municipal
Code.
BUILDING DIVISION
14. Building Codes and Ordinances. All project B Through Completion Building
construction shall conform to all building codes
5
CONDITION TEXT RESPON. WHEN REQ'D SOURCE
AGENCY Prior to:
and ordinances in effect at the time of building
permit.
15. Change of Use. As this project is a change of B Occupancy
use of the building, building permits are
required prior to occupancy even if no work is
proposed to be under taken. This will include a
site inspection to review the integrity of the
Occupancy Separation Walls and other relevant
aspects.
16. Building Permits. To apply for building B Issuance of Building Building
permits, the Applicant shall submit five Permits
construction plans to the Building Division for
plan check. Each set of plans shall have
attached and annotated copy of these
Conditions of Approval. The notations shall
clearly indicate how all Conditions of Approval
will or have been complied with. The
Applicant will be responsible for obtaining the
approvals of all participating non-City
agencies.
17. Construction Drawings. Construction plans B Issuance of Building Building
shall be fully dimensioned (including building Permits
elevations) accurately drawn (depicting all
existing and proposed conditions on site), and
prepared and signed by a California licensed
Architect or Engineer.
18. Addressing. Address will be required on all B Occupancy Building
doors leading to the exterior ofthe building.
PUBLIC WORKS
19. Standard Public Works Conditions of PW Approval of Public Works
Approval. Applicant/Developer shall comply Improvement Plans
with all applicable City of Dublin Public
Works Standard Conditions of Approval. In
the event of a conflict between the Public
Works Standard Conditions of Approval and
these Conditions, these Conditions shall
prevail.
20. Hold Harmless/Indemnification. The PW Through completion of Public Works
Developer shall defend, indeInnify, and hold Improvements and
harmless the City of Dublin and its agents, occupancy ofthe
officers, and employees from any claim, Buildings
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, indeInnify, and hold harmless shall be
6
CONDITION TEXT
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.
21. 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" using an approved
marker available from the Alameda
Countywide Clean Water Program.
22. 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
loading/unloading areas. Disabled stalls 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 "CaMP ACT" 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 parking
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. Silms and Pavement Markin~s. The
RESPON.
AGENCY
PW
PW
PW
PW
PW
7
WHEN REQ'D
Prior to:
Issuance of
Grading/Sitework
Permit
Occupancy
Occupancy
Occupancy
Occupancy
SOURCE
Public Works
Public Works
Public Works
Public Works
Public Works
CONDITION TEXT
ApplicantlDeveloper shall be responsible for
the following on-site traffic signs and
pavement markings:
Directional pavement arrows in the drive aisles.
R26F "No Stopping - Fire Lane" signs shall be
posted on-site along all curbs that are longer
than 20' and that parallel the drive aisles as
required by the Fire Marshall.
RIOOB (disabled parking regulations sign) shall
be installed at each ofthe driveway entrance to
the site with amended text to read".. .may be
reclaimed at DUBLIN POLICE or by
telephoning 833-6670".
Handicapped parking signs and legends per
State Title 24 requirements.
The word "Compact" shall be stenciled on the
pavement surface within each compact parking
space.
Any other SIgnS and markings deemed
reasonably necessary by the City Engineer
and/or Public Works Director during final
design and/or construction.
26. Graffiti. The ApplicantlDeveloper and/or
building tenant(s) shall keep the site clear of
graffiti vandalism on a regular and continuous
basis. Graffiti resistant paint for the structures
and film for windows or glass shall be used
whenever possible
27. Construction Hours. Construction and grading
operations shall be limited to weekdays
(Monday through Friday) and non-City holidays
between the hours of 7:30 a.m. and 5:30 p.m.
The ApplicantlDeveloper may request
permission to work on Saturdays and/or
holidays between the hours of 8:30 am and 5:00
pm by submitting a request form to the City
Engineer no later than 5:00 pm the prior
Wednesday. Overtime inspection rates will
applv for all Saturday and/or holiday work.
28. Occupancy Permit Requirements. Prior to
issuance of an Occupancy Permit, the physical
condition of the project site shall meet
minimum health and safety standards
including, but not limited to the following:
The walkways providing access to the building
shall be complete, as determined by the City
Engineer, to allow for safe, unobstructed
pedestrian.
All traffic control devices providing access to
the site shall be in place and fully functional.
All address numbers for streets providing
access to the buildings shall be in place and
RESPON.
AGENCY
PW
PW
PW
8
WHEN REQ'D
Prior to:
On-going
During Construction
Occupancy
SOURCE
Public Works
Public Works
Public Works
CONDITION TEXT RESPON. WHEN REQ'D SOURCE
AGENCY Prior to:
visible.
All construction equipment, materials, or on-
going work shall be separated from the public
by use of fencing, barricades, caution ribbon, or
other means approved by the City Engineer.
All site features designed to serve the disabled
(i.e. H/C parking stalls, accessible walkways,
signage) shall be installed and fully functional.
FIRE PREVENTION DIVISION
29. Occupancy Separations. The Applicant shall F Occupancy Fire
provide occupancy separations between spaces as
required by the Chapter 3 of Califomia Building
Code.
30. Hazardous Materials. The storage and use of F On-going Fire
hazardous materials shall comply with the
California Fire Code.
31. Fire Extinguisher. Provide 4A40BC fire F Occupancy UFC Article 34
extinguishers in the building.
32. Codes. The project shall comply with Uniform F On-going Fire
Building and Fire Codes as adopted by the City
of Dublin.
POLICE DEPARTMENT
33. Vehicles. The total number of stored vehicles PO On-going Police
at the business site will be limited to the
vehicle parking space available within the
building. The vehicles will be safely parked
and the business operator will maintain safe
access for the fire department.
34. Inventory. When retuming a company owned PO On-going Police
vehicle, driver shall inventory the contents of
the towed vehicle pursuant to Business and
Professions Code Section 7500 et seq. If
deadly weapons or dangerous drugs are located
in a vehicle, the tow driver shall immediately
report the finding to the law enforcement
agencym the jurisdiction from which the
vehicle was to be towed.
35. Security. The applicant shall comply with all PO On-going Police
applicable City of Dublin Non Residential
Security Ordinance requirements.
36. Address Numbers. Addressing and building PO On-going Police
numbers shall be visible from the approaches to
the building.
37. Lighting. Exterior lighting shall be installed PO Issuance of Building Police
over all doors. Permit/On-going
38. Parking Lot. Security lighting shall be provided PO On-going Police
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 type.
9
CONDITION TEXT RESPON. WHEN REQ'D SOURCE
AGENCY Prior to:
39. Secured access. Client entry after normal PO On-going Police
business hours shall be by an electronic locking
mechanism requiring a Personal Identification
Number (PIN) specific to each client. The
entry code shall be electronically logged and
archived allowing RVX International to identify
persons entering the building. This may
prevent or reduce any tampering with vehicles
or crafts stored and limit calls for police
services.
40. Graffiti Abatement. The applicant shall keep PO On-going Police
the site clear of graffiti vandalism on a regular
and continuous basis at all times. Graffiti
resistant materials should be used.
41. Theft Prevention and Security. The applicant PO On-going Police
shall work with the Dublin Police on an
ongoing basis to establish an effective theft
prevention and security prol!fam.
PASSED, APPROVED AND ADOPTED this 10th day of October 2006 by the following vote:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle and King
NOES: None
ABSENT: Commissioner Fasulkey
ABSTAIN: None
~cU~
Planning Commission Chair
ATTEST:
rf\o \\ \ ~ --
Planning ~v {;
G:\PA#\2006\06-04l RVX International CUP\RVX PC Reso- fina1.DOC
10