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HomeMy WebLinkAboutPC Reso 08-27 Appv CUP Auto Facility Outdr Display PA08-016RESOLUTION NO. 08-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO OPERATE A 3,5001 SQUARE FOOT AUTOMOBILE/VEHICLE SALES FACILITY WITH OUTDOOR DISPLAY OF 2 VEHICLES LOCATED AT 6310-A HOUSTON PLACE (APN 941-0550-067) PA 08-016 WHEREAS, the Applicant, Roger Shanks, has requested approval of a Conditional Use Permit to operate an Automobile/Vehicle Sales Facility with outdoor display of 2 vehicles at 6310-A Houston Place; and WHEREAS, the proposal includes a 3,500± square foot tenant space, with 500 square feet devoted to office use and 3,000 square feet devoted to indoor vehicle display, within a portion of Suite A of the Grayson Industrial Building; and WHEREAS, outdoor vehicle display shall be limited to 2 spaces and shall be depicted as shown in the project plans stamped approved received by the Planning Department on August 19, 2008; and WHEREAS, B&B Motorsports is required to provide five (5) parking spaces along with 2 additional parking spaces for outdoor display, and will occupy a total of seven (7) parking spaces for the use (2 parking spaces required for the office use, 3 spaces require(. for the indoor display area, and 2 spaces needed for the outdoor display); and WHEREAS, the proposed location for the Automobile/Vel_icle Sales Facility is zoned Z.U. Planned Development (PD) with underlying C-2 (General Commercial) and M-1 (Light Industrial) and the General Plan Land Use designation for the proposed location is Business Park/Industrial and Outdoor Storage; and WHEREAS, an Automobile Wholesale and Retail Sales Facility, classified under Automobile/Vehicle Sales and Service Use type per the Dublin Zor ing Ordinance, is a conditionally permitted use for the site; and WHEREAS, a complete application for the above noted entit'ement request is available and on file in the Community Development Department; and WHEREAS, the Project Site consists of an industrial building comprised of automobile/ vehicle repairs and service uses; and WHEREAS, the Project has been found to be categorically exempt from the California Environmental Quality Act (CEQA), under the section 15301.a of the CEQA Guidelines because the Project consists of leasing an existing; facility involving no expansion of an existing structure; and WHEREAS, the Planning Commission did hold a public hearing on said project application on October 14, 2008; and 1 WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consid,-r all said reports, recommendations and testimony hereinabove set forth and used independent judgment to make the decision. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: A. The proposed Automobile/Vehicle Sales Facility use is compatible with surrounding business parklindustrial and outdoor storage/retail/office and automotive land uses, transportation and service facilities in the vicinity because: 1) the proposed use is located in an area with surrounding uses comprising of automobile/vehicle repair and service, retail/office and storage and other similar commercial and industrial uses; 2) Chapter 8.08 Definitions includes establishments that provide automobile/vehicle sales under the "AutomobileNehicle Sales and Service" definition; and 3) Section 8.12.050 states that an AutomobileNehicle S Iles and Service Use is permitted on the site with a Conditional Use Permit. B. The proposed use, as conditioned, will not adversely affect th,3 health or safety of persons residing or working in the vicinity nor will it be detrimental to the public health, safety and welfare because: 1) conditions of approval have been placed on the project to ensure that the site development will be compatible with surrounding properties ?md will not result in undue noise, air or water pollution, heat, odor, or dust. C. The proposed use, under all circumstances and conditions oj-this permit, will not be injurious to property or improvements in the neighborhood because: 1) the proposed use will occupy an available tenant space within a developed site and does not involve any physical alterations to the site; and 2) the proposed AutomobileNehicle Sales Facility will comply with all City of Dublin regulations. D. There are adequate provisions for public access, water, sanitt!tion and public utilities and services to ensure that the proposed use will not be detrimental to t,ze public health, safety and welfare because: 1) the site is completely improved and serviced by all appropriate utilities and infrastructure; and 2) the area. was designed to accommodate a variety of uses and the proposed use fits in with the intended uses of the area. E. The subject site is physically suitable for the type and intensity of the use being proposed because: 1) the AutomobileNehicle Sales Facility will operate within an existing tenant space in an existing industrial building; 2) the existing roadway network leading to the site and the availability of existing on and off-street parking is adequate to serve th.- proposed use; and 3) the use is compatible with the other use; in the building which include automobile/vehicle repair and service uses. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the Z. U. PD Zoning District because: 1) the AutomobileNehicle Sales use is allowed by a CUP and the CUP is consistent with the PD Zoning District. 2 G. The approval of this Conditional Use Permit is consistent with the General Plan because 1) the proposed use is permitted with a Conditional Use Permit and meets the intentions of the Zoning District and General Plan Land Use Designation in which it is located. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve PA 08-016 a Conditional Use Permit, to operate a 3,500± square foot AutomobileNehicle Sales facility with outdoor display of 2 vehicles within an existing 11,831± square foot building at 6310-A Houston Place, as generally depicted in the Staff Report dated Octoter 14, 2008 and by the project plans, dated received August 19, 2008 stamped approved and on file with the Dublin Planning Department, subject to compliance with the conditions listed below: 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 Planning Department review and gpproval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, fPOI Police, [PW] Public Works [ADM] Administration/City Attorney, WIN] Finance, [F] Alameda County Fire Department, 1DSRSD1 Dublin San Ramon Services District. fCOJ Alameda County Depart ment of Environmental Health. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: PLANNING-STANDARD CONDITIONS 1. Approval. This Conditional Use Permit approval for PA PL On-going Standard 08-016 is to allow the operation of a 3,500 square foot used automobile sales facility within an existing 11,831± square foot building at 6310-A Houston Place in the PD, Planned Development (1411 Z.U.) Zoning District. Outdoor vehicle display shall be limited to 2 parking spaces. This approval shall generally conform to the project plans and statements stamped approved received by the Planning Department on August 19, 2008. 2. Permit Expiration and Time Extension. Approval of this PL One year DMC Conditional Use Permit shall be valid for one year from the date of 8.96.020. effective date. This approval shall be null and void in the approval D and E event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. The original approving decision-maker may grant a time extension for a period no longer than six (6) months given that the Applicant submits a written request for an extension of approval prior to expiration and that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. Disputes over permit expiration and time extension requests may be publicly noticed and heard before the Planning Commission. 3 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 3. Revocation. The Conditional Use Permit will be revocable PL On-going Standard for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation and possible revocation. 4. Compliance. The Applicant/Property Owner shall develop PL On-going Standard this project and operate all uses in compliance with the Conditions of Approval of this Conditional Use Permit and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 5. Minor Amendments. Modifications or changes to this PL On-Going CUP Conditional Use Permit approval may be considered and approved by the Community Development Director, if the modifications or changes proposed comply with Section 8.100.080, of the Zoning Ordinance. 6. Outdoor Events. Any outside events shall be subject to PL On-going Standard the Temporary Use Permit requirements contained in the City of Dublin Zoning Ordinance. 7. Signs. A Master Sign Program is required prior to PL Issuance of Standard installation of any permanent signs. Building Permits 8. Fees. The Applicant shall pay all applicable fees in effect PL Issuance of Standard at the time of building permit issuance, including, but not Building limited to, Planning Fees, Building Fees, Dublin San Permits Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, City of Dublin Fire Bureau fees, Noise Mitigation fees, Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing improvements. 9. Property Maintenance. The property shall be maintained PL On-going Standard in accordance with Section 5.64, Property Maintenance of the Dublin Municipal Code. The Applicant and/or property owner shall keep the property maintained in a safe, clean and litter-free condition at all times. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 10. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC sandwich-board, pennants or human held signs on the 8.84.150 premises is strictly prohibited. Said signs and any form of off-site advertising signs shall be prohibited upon any public property, including City streets and sidewalks. 11. Temporary Promotional Banners and Balloons. PL On-going DMC Temporary Promotional Banner Signs and Balloons shall 8.84.050 only be permitted after first securing an approved Temporary Promotional Sign Permit. PLANNING-PROJECT SPECIFIC CONDITIONS 12. Signed Agreement Regarding Future Use Types. Prior PL Prior to CUP to occupancy, the Applicant shall provide the City with a Occupancy letter, signed by the property owner, acknowledging that, so long as B&B Motorsports continues.to be a tenant of 6310- A Houston Place, any tenant of the second space at 6310-A Houston Place shall be limited to one of the permitted uses that, pursuant to Section 8.76.080.D of the Dublin Zoning Ordinance, require six (6) parking spaces or less. These permitted uses are: Storage Lot, Printing and Publishing, Warehousing and Distribution, Sales and Service, Brokerage, Mini-Storage, Retail-Furniture/large appliances/flooring. 13. DMV License. Prior to occupancy, the Applicant shall PL Prior to CUP provide the City of Dublin with a copy of a DMV license. Occupancy 14. Hours of Operation. The approved hours of operation PL On-going CUP shall be limited to: Monday through Saturday 9 a.m.-6 p.m. Any other events and activities proposed by B&B Motorsports shall first be subject to review by the Community Development Director. 15. No Vehicle Repair or Service. There shall be no vehicle PL On-going CUP repair or service done on-site. 16. No On-Site Washing of Vehicles. There shall be no PL On-going CUP washing of vehicles on-site. 17. Indoor/Outdoor Vehicle Display. Indoor vehicle display PL On-going CUP shall be limited to 3,000 square feet. Outdoor vehicle display shall be limited to 2 parking spaces. Outdoor display spaces shall be depicted as shown in the project plans stamped approved received by the Planning Department on August 19, 2008, labeled Attachment 3 to this Staff Report. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 18. Delivery of Vehicles. Delivery of vehicles shall occur PL On-going CUP during regular business hours and shall be delivered by individual drivers. 19. Parking. Applicant is to provide a total of 7 on-site parking PL On-going CUP spaces for the proposed used automobile sales facility at the project location. In addition, 2 spaces provided for outdoor vehicle display. Therefore, the Applicant will occupy a total of 7 parking spaces at the project location. 20. Noise/Nuisance. The Applicant shall control all activities PL On-going CUP on the site so as not to create a nuisance to the surrounding businesses and residents. No loudspeakers or amplified music shall be permitted to project or be placed outside the building. BUIL DING-STANDARD CONDITIONS 21. Building Permits. To apply for building permits, the B Issuance of Standard Applicant shall submit five (5) sets of construction plans to Building the Building Division for plan check. Applicant/Developer Permits will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 22. Building Codes and Ordinances. All project construction B Through Standard shall conform to all building codes and ordinances in effect Completion at the time of building permit. 23. Construction Drawings. Construction plans shall be fully B Issuance of Standard dimensioned (including building elevations) accurately Building drawn (depicting existing and proposed conditions on site). Permits 24. Addressing. Address and function (e.g. Entrance, Exit B Prior to Standard Only, Employees Only) will be required on all doors Occupancy 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. 25. Air Conditioning Units. Air conditioning units and B Occupancy Standard ventilation ducts shall be screened from the public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non- movable materials to approved by the Building Official and Director of Community Development. FIRE-STANDARD CONDITIONS 26. Exit Signs. Exit signs shall be visible and illuminated with F On-going Standard emergency lighting when the building is occupied. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 27. Exit Doors. When applying for building permits, all exit F Issuance of Standard doors shall be clearly identified on the floor plan. Building Permits 28. Occupancy Classifications. When applying for building F Issuance of Standard permits, clearly identify locations and occupancy Building classifications of the other occupants in the building. Permits 29. Occupancy Separations. When applying for building F Issuance of Standard permits, show locations of any occupancy separations Building required by the 2008 California Building Code. Permits 30. Key box. A Fire Department key box is required and shall F On-going Standard be installed at the main entrance of the building. Please note these locations on the construction plans. The key box should be installed a minimum of 5 %2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box (CFC 506). The key box door and necessary keys are to be provided to the fire inspector upon the final inspection. 31. Deferred Submittals. When applying for Building Permits, F Issuance of 2007 CFC provide on the Title or Cover Sheet under the heading Building 901.2 Deferred Submittals all of the deferred submittal items: Permits -Fire sprinkler modifications -Fire monitoring system install or modifications 32. Addressing. Approved numbers or addresses shall be F On-going CFC placed on the tenant space in such a position as to be plainly 914.4.4. visible and legible from the street or road fronting the property. Address numbers shall be placed on a contrasting background. 33. General Inspection. Upon inspection of the work for F Final CFC which this submittal was provided, a general inspection of 301.1 the business and site will be conducted. 34. Building and Fire Codes. The project shall comply with F Final Standard Uniform Building and Fire Codes as adopted by the City of Dublin. 35. Interior Finish. When applying for building permits, wall F Issuance of CFC 803 and ceiling interior finish material shall meet the Building requirements of Chapter 8 of the California Fire Code. Permits Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, maintain the products cut-sheets and packaging that show proof of the products flammability and flame- spread ratings. Decorative materials shall be fire retardant. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 36. Monitoring Requirements for Existing Fire Sprinkler F On-going 2002 Systems NFPA 13 a) Central Station Monitored Account. Automatic fire section extinguishing systems within buildings shall have 6.9.1 & all control valves and flow devices electrically 2007 CFC supervised and maintained by an approved central 903.4.1 alarm station. Zoning; and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. The central station monitoring service shall be either certificated or placarded as defined in N.F.P.A. Standard No. 72. Assure the specific account is UL Certificated or Placarded and not just: the monitoring station. b) Monitoring System Plans (Deferred Submittal Item). If it is necessary to install a fire alarm monitoring system or modify art existing system in order to obtain a Certificated or Placarded account, plans and specifications shall be submitted to the fire department for review and approval of the installation or modifications. c) Fire sprinkler system shall have an audible alarm in each suite served b the firesprinkler system. 37. Fire Sprinklers. Existing fire sprinkler systems shall be F On-going Standard modified as necessary to provide protection of all tenant improvements. Submit detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculations prepared by a state licensed C-16 contractor to the Fire Department for approval and permit prior to commencement of work. All sprinkler system components shall remain in compliance with the applicable NFPA 13 Standard, the California Fire Code and the California Building Code. The fire sprinkler shall have an audible alarm in each suite served by the fire sprinkler system. If the existing fire sprinkler system does not have a current 5-year certification, such will need to be obtained and all deficiencies must be corrected prior to project final. If the existing fire sprinkler system has a current 5-year certification, copies of the last 4 quarterly reports will need to be provided to the Fire inspector prior to final review. FIRE-PROJECT SPECIFIC CONDITIONS 38. Vehicles Stored Indoors. Vehicles stored indoors shall F On-going CUP have the battery disconnected, with a maximum fuel tank of 2007 CFC 5 gallons. There shall be no fueling inside the building and 314.4 no repairs shall be done inside the building. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 39. Fire Extinguishers. Fire extinguishers shall be visible and F Occupancy/ CUP unobstructed. Signage shall be provided to indicate fire On-going extinguisher locations. The final number and location of extinguishers shall be as indicated by the fire inspector (CFC 906). Fire Extinguishers shall meet a minimum classification of 2A IOBC. Extinguishers weighing 40 pounds or less shall be mounted no higher than 5 feet above the floor measured to the top of the extinguisher. Extinguishers shall be inspected monthly and serviced by a licensed professional annually. PUBLIC WORKS-STANDARD CONDITIONS 40. Encroachment Permit. The Applicant shall obtain an PW On-going PW Encroachment Permit from the Public Works Department for any work within the public street rights-of-way. 41. Damage/Repairs. The Applicant/Developer shall be PW Occupancy PW responsible for the repair of any damaged pavement, curb and gutter, sidewalk or other public street facility resulting from construction activities associated with the 1 development of the project. POLICE-STANDARD CONDITIONS 42. Security Ordinance. The Applicant shall comply with all PO On-going CUP applicable City of Dublin Non Residential Security Ordinance requirements related to addressing, lighting, landscaping, skylights, doors, etc. 43. Graffiti. The Applicant shall keep the site clear of graffiti PO On-going CUP vandalism on a regular and continuous basis at all times. BE IT FURTHER RESOLVED THAT THE Dublin Manning Commission does hereby approve PA 08-016, a Conditional Use Permit to operate a 3,500± square foot Automobile/Vehicle Sales facility with outdoor display of 2 vehicles within an existing 11,8:31± square foot building at 6310-A Houston Place, as generally depicted by the Site Plan and written statement dated received August 19, 2008, stamped approved and on file with the Dublin Planning Department. PASSED, APPROVED AND ADOPTED this 14`h day of October 2008 by the following vote: AYES: Schaub, Tomlinson, Wehrenberg, Biddle and King NOES: ABSENT: ABSTAIN: 9 Planning Commission Chair ATTEST: Pla ing an g G:\PA#\2008\PA 08-016 B&B Motorsports CUPTC Reso 10.14.08.doc 10