HomeMy WebLinkAboutPC Reso07-05 Gil Auto Body PA06-043 CUP
RESOLUTION NO. 07 - 05
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY OF DUBLIN PLANNING COMMISSION APPROVE A
CONDITIONAL USE PERMIT TO ALLOW AUTO REPAIR AND SERVICE USES IN THE M-l
(LIGHT INDUSTRIAL) ZONING DISTRICT LOCATED AT6380-6392 SCARLETT COURT
(APN 941-0550-012-08)
P A 06-043
WHEREAS, the Applicant, Ralph Gil owner of the Gil Auto Body buildings, has requested a
Conditional Use Permit to allow auto repair and service uses at 6380-6392 Scarlett Court, APN 941-0550-
012-08, in the M-l (Light Industrial) Zoning District; and
WHEREAS, the Gil Auto Body Building which is 7,386 square feet in size will be used solely for
auto repair/service related uses; and
WHERAS, AutomobileNehicle Repairs and Services are permitted 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 for the requested
entitlement received by the Planning Division on January 23,2007; and
WHEREAS, the application has been reviewed in accordance with the prOVIsIons of the
California Environmental Quality Act (CEQA) and the proposed use was found to be exernpt under the
CEQA Guidelines Section 15301 as it is a comparable use. Additionally, the proposed project, including
the new buildings and site improvements and was found to be Categorically Exempt under Section 15302,
Replacement or Reconstruction, as the proposed buildings will replace the existing building and are smaller
in size than the existing building; and
WHEREAS, the Planning Commission held a public hearing on said application on February 13,
2007; 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, recomrnendations
and testimony herein above set forth and used hislher 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 Automobile/Vehicle Repairs and Service uses are compatible with other land
uses, transportation and service facilities in the vicinity because 1) the building is located
in close proximity to similar uses including automobile sales and automobile repairs and
services; 2) Chapter 8.08, Definitions, states that "AutomobileNehicle Repairs and
Service" include establishments which repair, tow, and service automobiles, trucks, boats,
and recreational vehicles; 3) Section 8.12.050 states that AutomobileNehicle Repairs and
Service uses are permitted in the M-l (Light Industrial) Zoning District with a Conditional
Use Permit; 4) the new Gil Auto Body Project will replace the previous building which
was used for automobile sales and services; and 5) the proposed location of the Gil Auto
Body building is cornpatible with the existing and allowed uses on the site as required by
Chapter 8.100, Conditional Use Permit, of the Dublin Zoning Ordinance.
B. The proposed Gil Auto Body Project 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 site with related automobile repairs and services uses will comply
with all City of Dublin and State regulations; and 2) the automobile repairs and service
uses (tenants) will be located in new buildings and the automobile service facilities will be
compatible with existing uses in the vicinity.
C. It will not be injurious to property or improvements in the neighborhood because 1) the Gil
Auto Body Project and all tenants in the building will comply with all City of Dublin
regulations and the Conditions of Approval for this Conditional Use Permit; 2) the
automobile repairs and services uses will be located in new buildings approved by the
Planning Commission on February 13, 2007; and 3) the proposed automobile repairs and
service uses are an appropriate use in the Light Industrial Zoning District.
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 Gil Auto Body Project is a
new development and was designed to accommodate business which provide autornobile
repairs and services; and 2) the buildings and property were designed to accommodate a
variety of uses and the proposed use fits in with the intended uses of the building.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed because 1) as conditioned, the Applicant and all tenants
will be required to exercise adequate property rnaintenance; 2) as conditioned, no service
work or repairs may be conducted outside of the tenant spaces; 3) the previous building on
the site, which was recently demolished, was used solely for automobile repairs and
services uses; and 4) the proposed use of the building is compatible with existing
businesses in the vicinity which include a variety of automobile sales, automobile repairs
and services and light industrial uses.
F. It 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 uses are compatible with the uses which
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previously operated in the building (which was recently demolished on the site) and
therefore meets the requirements of the Dublin Zoning Ordinance; and 3) the proposed use
is consistent with the intent of the M -1 (Light Industrial) District as defined by Section
8.28.020.B of the Dublin Zoning Ordinance because the proposed uses meet the needs of
residents in the City, is compatible with the surrounding land uses and will be conducted
entirely within the existing building.
G. It is consistent with the Dublin General Plan because 1) the proposed use is permitted with
a Conditional Use Permit and meets the intentions of the zoning district in which it is
located; and 2) as conditioned, the businesses 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 P A 06-043,
Conditional Use Permit, to allow a AutomobileNehicle 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.
. 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 06-043 allows auto repair
uses at the Gil Auto Body Buildings. The
project shall generally conform with the
project plans prepared by Peter Shutts
Architecture received by the Planning
Division on January 23, 2007, on file in the
Community Developrnent 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 rneans the actual use pursuant to the
permit approval, or, demonstrat~ng
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
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CONDITION TEXT RESPON. WHEN REQ'D SOURCE
AGENCY Prior to:
made and processed according to the
requirements of the Dublin Zoning
Ordinance.
3. Continued Use. This Conditional Use PL On-going Planning
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 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 PL On-going DMC
for 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. Modifications. Modifications or changes to PL On-going DMC
this Conditional Use Permit approval may 8.104.100
be considered by the Cornmunity
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 PL On-going Planning
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.
9. Property Maintenance. The Applicant and PL On-going Planning
Property Owner shall maintain the building,
site and all building rnaterials, in good
condition and shall keep the site clear of
trash, debris and graffiti vandalisrn on a
regular and continuous basis.
10. Temporary Promotional Sign age. 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.
11. 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
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CONDITION TEXT RESPON. WHEN REQ'D SOURCE
AGENCY Prior to:
Development and Public Works and placed
in the project file. The Directors also have
the authority to make minor modifications
to these conditions without going to a
public hearing in order for the Developer to
fulfill needed improvements or mitigations
resulting from imoacts of this project.
12. Damaged Vehicles. Damaged vehicles PW Prior to Approval of Public Works
shall be located inside the tenant spaces or Improvement Plans
rnay be located at the rear of the property,
adjacent to Dougherty Road. At no time
shall damaged vehicles be parked where
they are visible frorn the public right-of-
way nor shall these vehicles be parked on
Scarlett Court.
FIRE PREVENTION DIVISION
13. The repair garages shall comply with F Ongoing CFC article
California Fire Code article 29. Annual Fire 29
Department permits are required for the
reo air garages.
14. The storage and use of hazardous materials F On-going Fire
shall comolv with the California Fire Code.
PASSED, APPROVED AND ADOPTED this 13th day of February 2007 by the following vote:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, and Tomlinson
NOES: None
ABSENT: None
ABSTAIN: None
Planning C
ATTEST:
G:IP A#\2006\06-043 Gil Auto BodylPC Reso for CUP revised.doc
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