HomeMy WebLinkAboutPC Reso07-49 Appv All Glass CUP PA07-048
RESOLUTION NO. 07- 49
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO ALLOW ALL GLASS IN THE M-l (LIGHT
INDUSTRIAL) ZONING DISTRICT LOCATED AT 6325 SIERRA COURT (APN 941-0205-014)
PA 07-048
WHEREAS, the Applicant, Dung T. Cao, owner of All Glass, has requested a Conditional Use
Permit to operate All Glass at 6325 Sierra Court, APN 941-0205-014 in the M-l (Light Industrial) Zoning
District; and
WHEREAS, the proposal includes an approximately 4,236 square foot tenant space in an existing
building; and
WHERAS, an Automobile/Vehicle 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 Applicant submitted project plans and a written description for the requested
entitlement received by the Planning Division on September 12,2007, and
WHEREAS, the application has been reviewed in accordance with the proVIsIOns of the
California Environmental Quality Act (CEQA) and this project was 10und to be exempt under the CEQA
Guidelines Section 15301 as it is a comparable use in an existing building which requires no alteration;
and
WHEREAS, the Planning Commission held a public hearing on said application on October 9,
2007; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff RepOJ1 was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and considl:r 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 Automobile/Vehicle Repairs and Service use is compatible with other land
uses, transportation and service facilities in the vicinity because: l) the proposed location
of All Glass is in an existing building with industrial uses and will be located in close
proximity to other business which provide autof1obile services; 2) Chapter 8.08,
Definitions, includes services performed for automobiles/vehicles under the
"AutomobilelVehicle Repairs and Service" definition; 3) Section 8.l2.050 states that an
AutomobilelV ehicle Repairs and Service use is permitted in the M-l (Light Industrial)
Zoning District with a Conditional Use Permit; and 4) the proposed location of All Glass is
in a 4,236 square foot tenant space located in an exis1ing building and is compatible with
the existing and allowed uses of the building as required by Chapter 8.100, Conditional
Use Permit, of the Dublin Zoning Ordinance.
B. The proposed All Glass business 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: l) the proposed All Glass business will comply with all City of Dublin and State
regulations; and 2) Conditions of Approval have been included to minimize impacts this
use may have on existing uses and to aid in the locati,)n of an auto service facility into an
industrial building.
C. It will not be injurious to property or improvements In the neighborhood because: 1) All
Glass will comply with all City of Dublin regulatiom:; 2) All Glass will be located in an
existing building and no exterior modifications are proposed to be made to the building;
and 3) All Glass is an appropriate use in the Light Industrial Zoning District and the
existing building and, as conditioned, will be compatible with the existing uses in the
building and the surrounding properties.
D. There are adequate provisions for public access, wata, sanitation, and public utilities and
services to ensure that the proposed use and related st"Uctures would not be detrimental to
the public health, safety and welfare because: 1) All Glass will be located in a existing
building; and 2) the building 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, c/ensity and intensity of the use and
related structures being proposed because: 1) All Class will be located in an existing
building which was designed to support a variety of .mtomobile repairs and services and
industrial uses; 2) the proposed business is small, 4,2:16 square feet in size, and is located
in a portion of an existing building and therefore will not dominate the available square
footage of the building or the property and will not change the overall density of the site;
3) as conditioned, the Applicant will be requin:d to exercise adequate property
maintenance; and 4) as conditioned, All Glass is prohil::ited from storing vehicles outside or
parking vehicles in non-designated parking stalls in ore er to reduce impacts on the site.
F. It will not be contrary to the specific intent clcuses, 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 statec. in Section 8.100.060 of the Dublin
Zoning Ordinance can be made; 2) Section 8.76.080.]) outlines the parking requirements
for "AutomobilelV ehicle Repairs and Service;" and as required by Chapter 8.76, Off-Street
Parking and Loading Regulations, the total number of required parking stalls for the
proposed All Glass is 13.6 parking stalls based on the requirement that the facility have one
stall for every 400 square feet of floor area plus one stall per service bay; 3) based on the
existing uses in the building as well as the adjacent property, there are an adequate number
2
of parking stalls on the subject site or the adjacent sire (which form a pool of parking) to
support the business; and 4) the proposed use is consistent with the intent of the M-l (Light
Industrial) District as defined by Section 8.28.020.13 of the Dublin Zoning Ordinance
because All Glass is small in size, meets the needs of residents in the City, is compatible
with the surrounding land uses and will be conducted wtirely within the existing building.
G. It is consistent with the Dublin General Plan becawe: l) the proposed use is permitted
with a Conditional Use Permit and meets the intention;; of the Zoning District in which it is
located; and 2) as conditioned, All Glass 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 07-048,
Conditional Use Permit, to allow an AutomobilelVehicle 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
GENERAL - CONDITIONAL USE PERMIT
1. Approval. This Conditional Use Permit
approval for P A 07-048 allows All Glass at
6325 Sierra Court. The project shall
generally conform with the project plans
received by the Planning Division and 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.
RESPON.
AGENCY
WHEN REQ'D
Prior to:
SOURCE
PL
On-going
Planning
PL
On-going
DMC
8.96.020.D
3
CONDITION TEXT RESPON. WHEN REQ'D SOURCE
AGENCY Prior to:
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 and conditions of
this permit may be subject to the issuance of
a citation.
6. Modifications. Modifications or changes PL On-going DMC
to this Conditional Use Permit approval 8.104.100
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 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. 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, in 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.
4
CONDITION TEXT
BUILDING DIVISION
11. Building Permits. To apply for Building
Permits, the Applicant/Developer shall
submit five (5) sets of construction plans to
the Building Division for plan check. Each
set of plans shall have attached an
annotated copy of these Conditions of
Approval. The notations shall clearly
indicate how all Conditions of Approval
will or have been complied with.
Construction plans will not be accepted
without the annotated resolutions attached
to each set of plans. The
Applicant/Developer shall be responsible
for obtaining the approvals of all
participating non-City agencies prior to the
issuance of Building Permits.
12. Construction Drawings. Construction
plans shall be fully dimensioned (including
building elevations) accurately drawn
(depicting all existing and proposed
conditions on site), and prepared and signed
by a California licensed Architect or
Engineer. The site plan, landscape plan and
details shall be consistent with each other.
13. Addressing. Addresses will be required on
all doors leading to the exterior of the
building. Addresses shall be illuminated
and be able to be seen from the street, 5
inches in height minimum.
PUBLIC WORKS
14. Clarifications and Changes to the
Conditions. In the event that there needs
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 modifications
to these conditions without going to a
public hearing in order for the Developer to
fulfill needed improvements or mitigations
resulting from impacts of this proiect.
15. Standard Public Works Conditions of
Approval. Applicant/Developer shall
comply 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.
I RESPON. [ WHEN REQ'D
AGENCY Prior to:
B
B
B
PW
PW
5
SOURCE
ssuance of Building Building
Permits
Jssuance of Building Building
Permits
Occupancy Building
"lrior to Approval of Public Works
Improvement Plans
Prior to Approval of Public Works
Improvement Plans
CONDITION TEXT
16.
Hold Harmless/Indemnification. The
Developer shall defend, indemnify, 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 to indicate 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 97.16.620 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 ofthese
costs for City review with the first plan
submittal.
Improvement Plans. All improvement,
plans submitted to the Public Works
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
17.
18.
19.
RESPON.
AGENCY
PW
PW
PL, PO, F,
PW, DSRSD
PW
6
WHEN REQ'D
Prior to:
Through completion
cfImprovements and
occupancy of the
Buildings
With each submittal
of Improvement
Plans
Prior to Issuance of
Grading/Sitework
Permit
Prior to issuance of
Grading/Sitework
Permit
SOURCE
Public Works
Public Works
Public Works
Public Works
CONDITION TEXT
submitting plans for review/approval, the
Applicant/Developer shall also fill-out and
submit a City of Dublin Improvement Plan
Review Checklist (8'i'2" x ll" pages). All
of these reference documents are available
from the Public Works Department (call
telephone 925-833-6630 for more
information).
20. 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
8 'i'2" x II " 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 $lO.OO at the time of permit
Issuance, although the
Applicant/Developer will be responsible
for any adopted increases to the fee
amount.
21. 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.
22. 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 98.76.070 (A)
l7 of the Dublin Municipal Code. All
compact-sized spaces shall have the word
"COMP ACT" stenciled on the pavements
within each space. l2"-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.
23. Damage/Repairs. The
Applicant/Developer shall be responsible
for the repair of any damaged pavement,
RESPON.
AGENCY
PW
PW
PW
PW
7
WHEN REQ'D
Prior to:
SOURCE
Prior to issuance of Public Works
Grading/Sitework
Permit
Within 90 days of Public Works
P ~anning Commission
Approval
Within 90 days of Public Works
Panning Commission
Approval
Within 90 days of Public Works
Panning Commission
Approval
CONDITION TEXT
curb and gutter, sidewalk, or other public
street facility resulting from construction
activities associated with the development
of the project.
24. 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.
25. Refuse Collection. The
Applicant/Deyeloper 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 by this proiect.
26. 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.
27. 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; Inclusionary
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
RESPON.
AGENCY
PL,PW
PW
PW
PW
8
WHEN REQ'D
Prior to:
SOURCE
Following Planning Public Works
Commission
Approval
Prior to issuance of Public Works
Building Permit
'Various Times and Public Works
Prior to issuance of
Building Permit
Prior to Issuance of Public Works
Building Permit
CONDITION TEXT RESPON. WHEN REQ'D SOURCE
AGENCY Prior to:
Development Agreement.
FIRE PREVENTION DIVISION
28. No cutting, welding, open flanle or draining F On-going CBC 311.1,
of fuel tanks will be done in the space. CFC article 29
29. Occupancy Separations. Provide F Occupancy Fire
occupancy separations from the adjacent
spaces as required by the CBC Chapter 3.
30. Hazardous Materials. The storage and use F On-going Fire
of hazardous materials shall comply with the
California Fire Code.
31. Knox Box. Provide a Knox Box or Knox F Occupancy Fire
Padlock at the entrY to the tenant space.
32. 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 background.
33. Codes. The project shall comply with F On-going Fire
Uniform Building and Fire Codes as adopted
by the City of Dublin.
POLICE DEPARTMENT
34. Security . The applicant shall comply with PO On-going Police
all applicable City of Dublin Non Residential
Security Ordinance requirements.
35. Address Numbers. Addressing and PO Occupancy Police
building numbers shall be visible from the
approaches to the building.
36. Lighting. Exterior lighting shall be PO Occupancy Police
installed over all doors.
37. Parking Lot. Security lighting shall be PO On-going Police
provided in parking lot areas.
. l.O candle lights shall be installed at
ground level in parking lot areas
. lighting fixtures shall be of a vandal
resistant type.
38. Landscaping. Exterior landscaping shall be PO On-going Police
kept at a minimal height and fullness
reducing someone's ability to conceal
themselves.
39. 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.
40. 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.
41. 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
9
CONDITION TEXT
42. Prior to the issuance of any building permit,
complete improvement plans shall be
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
Wastewater Facilities", all applicable
DSRSD Master Plans and all DSRSD
policies.
43. 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 cOlmection 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.
44. 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 insurance
policy in the amounts and forms that are
acceptable to DSRSD. The applicant shall
allow at least l5 working days for final
improvement drawing review by DSRSD
before signature by the District Engineer.
45. 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.
46. The Applicant shall hold DSRSD, its Board
of Directors, commissions, employees, and
agents of DSRSD harmless and indemnify
and defend the same from any litigation,
claims, or fines resulting from the
construction and completion ofthe project
RESPON.
AGENCY
DSRSD
DSRSD
DSRSD
DSRSD
DSRSD
lO
WHEN REQ'D SOURCE
Prior to:
Issuance of Building DSRSD
Permit
lssuance of Building DSRSD
Permit
lssuance of Building DSR
Permit
On-going DSRSD
Issuance of Building DSRSD
Permit
PASSED, APPROVED AND ADO PTED this 9th day of October 2C 07 by the following vote:
AYES: Schaub, Wehrenberg, Tomlinson, Biddle and King
NOES: None
ABSENT: None
ABSTAIN: None
,-
a) ~?)~
Planning Commi:;sion Chair
ATTEST:
G:\PA#\2007\07-048 All Glass\PC Reso.doc
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