HomeMy WebLinkAboutPCReso02-31 PA02-019 Tri-Valley CUP RESOLUTION NO. 02-31
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT REQUEST TO OPERATE AN
AUTO SALES AND SERVICE ESTABLISHMENT IN AN EXISTING INDUSTRIAL BUILDING
LOCATED AT 6398 DOUGHERTY ROAD, SUITES 10, 11, AND 12
PA 02-019
WHEREAS, the applicant, Danny Jones of Tri-Valley Auto Wholesale, has requested approval of a
Conditional Use Permit to establish a Automobile Sales and Service establishment within an existing
industrial building located at 6398 Dougherty Road, Suites 10, I l, and 12, within a Planned Development
(C-2 General Commercial/M-1 Light Industrial) zoning district.
WHEREAS, the Dublin Industrial Center building at 6398 Dougherty Road was approved for
construction in 1976 and was designed and built for the purposes of housing industrial and commercial
service-type users; and
WHEREAS, the proposed use of Vehicle Sales and Service is permitted in both the C-2 (General
Commercial) and M-1 (Light Industrial) zoning districts with a Conditional Use Permit approved by the
Planning Commission; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations, require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301; and
WHEREAS, the Conditions of Approval proposed will limit or eliminate any negative impacts the
Automobile Sales and Service establishment could have on surrounding businesses and residents; and
WHEREAS, the Planning Commission held a properly noticed public heating on said application on
August 13, 2002; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision.
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 find
that:
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The proposed use and related structure is compatible with other land uses, transportation and service
facilities in the vicinity, because it is in an existing industrial and commercial building with similar
surrounding uses. Nearby businesses in the industrial center include automobile service, glass
installation, woodworking, upholstery, and similar uses.
The proposed use 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 the proposed use creates no
recognizable negative impacts and the proposed use will serve a public need by providing a service to
the community.
The proposed use will not be injurious to property or improvements in the neighborhood because the
site is adjacent to like commercial and industrial uses.
There are adequate existing provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to the public health, safety, and
welfare, because no facilities will be altered, and no increase in public service demands will result
from the proposed use.
The subject site is physically suitable for the type, density and intensity of the use being proposed
because the existing industrial building is of adequate size to serve the use.
The proposed use is compatible with the specific intent established for the Planned Development (C-
2/M-l) Zoning District as it was adopted in 1976. At that time the industrial building was
constructed for the purposes of housing industrial and commercial service type users.
G. The proposed use is consistent with the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve
PA 02-019, a Conditional Use Permit request to establish an Automobile Sales and Service establishment
within an existing industrial building located at 6398 Dougherty Road, Suites 10, 11, and 12, within a
Planned Development (C-2 General Commercial/M-1 Light Industrial) zoning district, subject to the
following Conditions of Approval:
CONDITIONS OF APPROVAL:
This Conditional Use Permit approval for PA 02-019 establishes an Automobile Sales and Service
establishment within an existing industrial building located at 6398 Dougherty Road, in suites 10, 11, and 12,
and further identified as APN 941-0205-025. This Conditional Use Permit shall be valid for the remaining
life of the approved structure so long as the operators of the subject property comply with the project's
conditions of approval. The Conditional Use Permit will be revocable for cause in accordance with Section
8.96.020.I of the Dublin Zoning Ordinance.
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the establishment of use,
and shall be subject to Planning Department review and approval. The following codes represent those
departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning,
[B] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [F]
Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County
Department of Environmental Health [DEH].
1) Review and Permitting Authority. The applicant shall comply with all applicable regulations and
requirements of the Dublin Community Development Department -- Building Division and Planning
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Division, Alameda County Fire Department, Dublin Police Services, and Dublin Public Works
Department. [All]
2) Nuisance. The applicant shall control all business activity so as not to create a public or private nuisance
to the existing and surrounding businesses and residents. [PL, PO]
3) Annual Review. On an annual basis, this conditional Use Permit approval shall be subject to a review
by the Community Development Director to determine compliance with the Conditions of Approval.
[PL]
4) Approval period, This approval shall become null and void in the event the approved uses cease to
operate for a one-year period. [PL]
5) Revocation. This permit shall be revocable for cause in accordance with Dublin Zoning Ordinance
Section 8.96.020.I, Revocation. Any violation of the terms of the terms and conditions of this permit
may be subject to the issuance of a citation. [PL, PO]
6) Linfited outdoor activity. All activities associated with the Automobile Sales and Service establishment
shall be conducted entirely within the enclosed building, with the following exceptions:
a) A maximum of three (3) for-sale vehicles may be parked outside the building. For sale vehicles
parked outdoors must be operable and have current vehicle registration.
b) Any repair vehicles temporarily parked outdoors must be operable and have current vehicle
registration.
c) No service or repair work can be conducted outdoors.
d) No repair vehicles may be left outside overnight.
e) The number of vehicles (including for-sale, repair, employee, or customer vehicles) parked outdoors
at any time shall not exceed the ten (10) parking spaces allotted to this business by the property
owner/manager.
f) No signs, flags, banners, balloons, or pennants may be mounted or installed without a permit from the
City of Dublin per Dublin Municipal Code Chapter 8.84 (Sign Regulations). No signage that is
described under Section 8.84.150 (Prohibited Signs) may be installed at any time. [PL]
7) Building Alterations. Any upgrades to the tenant space will require Building Permits and plans and
calculations prepared by a California licensed Architect or Engineer. [BI
8) Safe, Clean and Litter-Free. Both the applicant and property owner shall be responsible for
maintaining the premises in a safe, clean and litter-free conditions at all times. [PL, PO]
9) Security. The applicant shall comply with all applicable City of Dublin Non-Residential Security
Ordinance requirements. [PO]
10) Building Identification. Addressing and building numbers shall be visible from all approaches to the
building. Rear exit doors shall display the business name and address in 3" high lettering. [PO]
11) Exterior landscaping. Landscaping shall be kept at a minimal height and fullness giving patrol officers
and the general public surveillance capabilities of the building. [PO]
12) Graffiti. The applicant shall keep the site clear of graffiti vandalism on a regular and continuous basis at
all times. Graffiti resistant materials should be used. [PO]
13) Theft protection. The applicant shall work with Dublin Police on an ongoing basis to establish an
effective theft prevention and security program. [PO]
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14) Exiting the building. Employee exit doors shall be equipped with 180-degree viewers if there is not a
burglary resistant window panel in the door from which to scan the exterior. [PO]
15)Fire Safety. The following conditions are required by the Alameda County Fire Department for
businesses that engage in auto repair/sales. [F]
a) A 1-hour occupancy separation is required between the showroom area (M) and the service area (S-3)
b) An approved exit shall be installed in the service area.
c) The flooring shall be sealed or drain to an approved oil separator.
d) An Inventory Statement (HMIS) for any/all hazardous materials, including Material Safety Data
Sheets, shall be supplied to the Alameda County Fire Department, City of Dublin, Fire Prevention
Division for approval of process/storage handling requirements. Additional Alameda County
Environmental Health Agency requirements, including a business emergency plan/hazardous
materials management plan (BEP/HMMP) and local planning (zoning) building approvals may be
required. (CFC 1998, Section 8001.3.3(a).
e) Provide at least one 2A 10BC portable fire extinguisher. Travel distance to an extinguisher shall not
exceed 75 feet of travel distance. (CFC 1998, Section 1002.1)
f) Approved numbers or addresses should be placed on all buildings. The address shall be positioned as
to be plainly visible and legible from the street or road fronting the property. Said numbers shall
contrast with their background. Individual suite numbers shall be permanently posted on the main
entrance doors or tenant spaces. (CFC 1998, Section 901.4.4) If there are rear doors to the tenant
space, they shall include the numerical address corresponding to the address on the front of the
building. The business name shall also be displayed on the rear doors in accordance with Dublin
Police.
g) Signage is required for the Fire Sprinkler Riser, Fire Alarm Room/Panel, Electric Room/Panel, Roof
Access, and any location that may require access during an emergency.
h) A Knox key lock system is required. Applications are available at the Alameda County Fire
Department, Fire Prevention Division, 100 Civic Plaza, Dublin, CA 94568. Please return the
completed application with building plans when you submit for a permit or prior to final inspection
for occupancy. (CFC Section 902.4)
i) A Fire Department Permit is required for the type of business proposed. Contact your Fire Inspector
at 925/833-6606 for specific details.
PASSED, APPROVED, AND ADOPTED this 13th day of August 2002.
AYES:
Musser, Jennings, Nassar, Fasulkey
NOES:
ABSENT: Johnson
ATTEST:
Plann~-
151~iss(on Vice Chairperson
G:~PA#L2002\02-019\PC Reso with COA rev. 08.13.02.doc
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