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Home My WebLink AboutPC Reso 93-29 PA92-061 Crown Chevrolet CUPRESOLUTION NO. 93 - 029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ---------------------------------------------------------------------- APPROVING PA 92-061 CROWN CHEVROLET CONDITIONAL USE PERMIT APPLICATION TO ALLOW EXPANSION OF THE PARKING/AUTOMOTIVE STORAGE LOT WHEREAS, Mr. Patrick Costello, representing Crown Chevrolet, has filed an application for a Conditional Use Permit (CUP) to expand the operation of an existing vehicle storage lot, located behind the existing Chevrolet automotive dealership, increasing the storage capacity from 118 parking spaces on the northern half of the property to a maximum of 235 parking spaces utilizing the entire 1.98 acre parcel, located at 6707 Golden Gate Drive; and WHEREAS, Ordinance 44-87, an Ordinance of the City of Dublin establishing right-of-way lines, was adopted by the City Council and became effective on October 28, 1987; and WHEREAS, Ordinance 44-87 makes it unlawful to construct any building or structure, as defined therein, within the right-of-way established pursuant to Ordinance 44-87; and WHEREAS, the City Council adopted an ordinance establishing the right-of-way lines for a future road parallel to and southerly of Dublin Boulevard, and a portion of such right-of-way line falls within the subject property; and WHEREAS, Ordinance 11-88, an ordinance requiring dedication and improvement of right-of-way, requires that no Conditional Use Permit shall be issued in connection with the construction of any building or structure on any lot, the use of such building or structure will result in an increase in traffic on the street or streets upon which such lot abuts or will abut unless the area within the future right- of-way lines of such lot has been granted to the City; and WHEREAS, the off-street vehicular storage lot proposed for this property is not required for the use of this or any other property and is therefore not included in the definition of building or structure in Ordinance 44-87 and Ordinance 11-88; and WHEREAS, the Planning Commission did hold a public hearing on said application on July 6, 1993; and WHEREAS, in concurrence with the Applicant, the Planning Commission continued the public hearing to July 19, 1993 in order to allow the City Attorney to respond to legal concerns raised by the Applicant; and WHEREAS, the Planning Commission did hold a public hearing on said application on July 19, 1993; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15311, Class 11; 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, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. The expansion of the parking/storage lot will serve the public need by providing for the expansion of an existing automobile dealership facility. B. The proposed use will be properly related to other land uses, transportation and service facilities in the immediate vicinity, as the proposed use will be compatible when compared to the type and nature of operations typically found in the neighborhood. C. The proposed use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. D. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. E. The project, as conditioned, is consistent with the policies contained in the City's General Plan and Downtown Specific Plan, based on the Planning Commission's determination that the use is of a "temporary" nature and the use does not qualify as a parking lot. F. The project is not a "building or structure" within the meaning of Ordinance 44-87 or Ordinance 11-88 and the project would not significantly increase traffic to a level which would necessitate the dedication of future right-of- way under Ordinance 11-88. The project can therefore be approved in the proposed location and without dedication of right-of-way. G. The project does not conflict with the adopted right-of-way line of the future Parallel Road since construction is not scheduled to begin until Fiscal Year 1996-97. - 2 - ,.n,_.. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 92-061 Crown Chevrolet Conditional Use Permit as generally shown by materials labeled Exhibit "A" on file with the Dublin Planning Department, subject to the following conditions: 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 approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building, jP0] Police, [PW] Public Works, [ADM] Administration[City Attorney, [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. 1. PA 92-061 Crown Chevrolet Conditional Use Permit approval is for the establishment of a vehicle storage lot for a maximum of 235 spaces. Said storage lot shall be limited to storage of cars and trucks sold or serviced through the existing dealership. The Applicant shall submit an additional site plan which accurately depicts the property lines for the subject site APN 941-1500-32, landscaping and all interior dimension, in general conformance with the site plan prepared by La Perle Architects Inc. (1 sheet), dated received October 5, 1992 (Exhibit A), stamped approved. [PL] 2. Approval of the Conditional Use Permit shall be valid until July 29, 1996. The approval period may be extended on a yearly basis thereafter (Applicant must submit a written request for the extension prior to the expiration date of the Conditional Use Permit) by the Planning Director upon his determination that the Conditions of Approval remain adequate to assure that the above stated findings will continue to be met. [PL] 3. Except as specifically modified herein, operation of the vehicle storage lot shall generally conform to the requirements established by Planning Commission Resolution No. 89-034 for PA 88-139 (see Attachment B-2). [PL] 4. Operation of the vehicle storage lot shall be conducted so as not to create a nuisance to adjacent businesses. [PL, PO] 5. No loudspeakers or amplified music shall be permitted to project or be placed within the vehicle storage lot. [PL, PO] 6. The Applicant shall be responsible for clean up and disposal of project related trash to maintain a clean and litter-free site. [PL] 7. This approval shall be null and void in the event the approved use ceases to operate for a continuous one year period. [PL] - 3 - „~..__ 8. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this use permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 19th day of July, 1993. AYES: Commissioners Downey, North, Rafanelli and Zika NOES: None ABSENT: Commissioner Burnham Planning Commission Chairperson ATTES Planning Director - 4 - -- ' ~ ~._ DUE IN LVD ~ - ~- ~ ~' ' -' ___ I __ .~ 4 = ~; ~' ~ .ilk ` ~ - - _ ~ z I -~~~ ~ .--~I ~ I l,l,• ~ ~ ~,-.- .. ~~ ~~ L. ., I i \ ~ ~ i - ---r -- ~~ I SST, . ,~•.I - ~I~[~i ir~- 6,~ I I I m ., -- :~ o ~.. ~ "1, .s~ . ~ . b t I 1 ~.s ~'~ ' 4 I. m ^--- ~ ~ - ~ .. _ ~ ~., ,. ~,. . ~ _ , -~ _ I~f '~~ ~~ 1! I I Ili I I Iz! I I. 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