Loading...
HomeMy WebLinkAboutPC Reso 11-17 Sky River RV CUP Parking ExceptionRESOLUTION NO. 11-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ., ~„Y.,~ ._... APPROVING A CONDITIONAL USE PERMIT FOR RECREATIONAL VEHICLE (RV) SALES, RENTAL, AND STORAGE AND APPROVAL OF A PARKING EXCEPTION FOR SKY RIVER RV AT 6700 GOLDEN GATE DRIVE (APN 941-1500-047-04) PLPA-2011-00018 WHEREAS, the Applicant, Scott Thorpe, Sky River RV, has submitted an application to use an existing 99,427 square foot warehouse tenant space at 6700 Golden Gate Drive for Recreational Vehicle (RV) sales, rental, and storage. The Applicant is also requesting approval of a Parking Exception to reduce the required parking by 10% due to unusual design circumstances; and WHEREAS, Sky River RV is proposed to be located in the Downtown Dublin Zoning District (DDZD) and is "Auto (Vehicle) Service/Sales" establishments are permitted use in the Downtown Dublin Zoning District; and WHEREAS, "Auto (Vehicle) Service/Sales" establishments are subject to approval of a Conditional Use Permit by the Planning Commission in the Downtown Dublin Zoning .District; and WHEREAS, the Applicant submitted a complete application for a Conditional Use Permit for "Auto (Vehicle) Service/Sales" as well as a request to be granted a Parking Exception to reduce the amount of parking spaces required for the project by ten percent; and WHEREAS, the Community Development Director is the decision-making authority for Parking Exception requests, but the Director elected to refer the request to the Planning Commission so that the decision on the Conditional Use Permit and the Parking Exception could be made concurrently; and WHEREAS, the. California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require. that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to CEQA, Staff is recommending that the Conditional Use Permit for "Auto (Vehicle) Service/Sales" for Sky River RV be found exempt from CEQA pursuant to Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditiona! Use Permit request; and WHEREAS, the Planning Commission held a public hearing on said application on June 14, 2011; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that: 1 }the Project is compatible with the existing land uses in the immediate vicinity in that the proposed project will occupy space in an existing industrial/warehouse building; 2} the existing transportation and services facilities are adequate to serve the proposed use; and 3) the number of parking spaces proposed to be provided for the site, with approval of a 10% reduction, are sufficient to serve both the existing and proposed tenants. B. It 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 in that: 1) the Project has been conditioned to comply with all State of California and Dublin Municipal Code requirements for accessibility to ensure that proper vehicular and pedestrian access is maintained at all times; and 2) the Project has been conditioned so that all activities of the business shall take place inside and all vehicles shall be stored. inside so as to avoid theft or vandalism. C. It will not be injurious to property or improvements in the neighborhood in that: the Project includes the rental, sales, and storage of RVs in an existing warehouse/industrial building. 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 in that: 1) the Project will be located on a fully developed site that is served by existing u#ilities and services; and 2) the Project will not create a demand for additional utilities or services beyond that which already exists to serve the warehouse/industrial building. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: the tenant space proposed to be occupied by Sky River RV is 99,427 square feet of a 225,358 square foot building, the remainder of which is currently occupied by a building material supply company, which is a compatible use to the proposed project; and 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 in that: 1) the proposed project is compatible with the Downtown Dublin Zoning District in which it is located with approval of a Conditional Use Permit; and 2) adequate parking exists to serve the Project in accordance with Chapter 8.76 (Off-Street Parking and Loading Regulations) with approval of a Parking Exception due to unusual design circumstances. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the Project is consistent with the Downtown Dublin/Transit-Oriented District 2 of 10 General Pian land use designation for the site; and 2) the Project is consistent with the Downtown Dublin Specific Pian which designates "Auto (Vehicle} Sales/Service" as a conditionally permitted use. BE IT FURTHER RESOLVED that the granting of a Parking Exception to reduce the amount of parking spaces required for, the project by ten percent due to unusual design circumstances is appropriate in this situation due to the fact that parking is being reduced on the site to accommodate a future public street.. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby approve a Conditional Use Permit for "Auto (Vehicle Safes/Service" for Sky River RV and a ten percent Parking Exception subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to establishment of use and shall be subject to Planning Division 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; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. 'When NO. CONDITIONS OF APPROVAL Agency "Required, Source Prior to: PLANNING -GENERAL 1. Approval. This Conditional Use Permit approval for PL On-going Planning PLPA-2011-00018, Sky River RV, is to use an existing 99,427 square foot warehouse tenant space at 6700 Golden Gate Drive for Recreational Vehicle (RV) sales, rental, and storage, in the. manner shown on the Project Plans and as described in the Written Statement supplied by the Applicant. The Conditional Use Permit also allows a 10% parking exception due to unusual design circumstances. The Project Plans consist of: (1 } Site Plan prepared by David Babcock & Associates, dated received May 16, 2011 and (2) Tenant Space Floor Plan Dis la dated received A ril 6, 2011. 2. Permit Expiration. Construction or use shall PL 2 years of DMC commence within two (2} years of Permit approval, or Permit 8.96.020.D the Permit shall lapse and become null and void. approval Commencement of construction or use means the actual construction or use pursuant to the permit approval, or, demonstrating substantial progress toward commencin such construction or use. 3. Time Extension. The original approving decision- PL 2 years of DMC maker may, upon the Applicant's written request for an Permit 8.96.020.E extension of approval prior to expiration, and upon the approval determination that any Conditions of Approval remain 3 of 10 ____ __ When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: adequate to assure that applicable findings of approval will continue to be met., grant a time extension of approval for a period not to exceed 6 months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the articular Permit. 4. Approval Period. This Canditional Use Permit PL On-going Planning approval shall be null and void in the event the approved use and/or structures cease to operate for a continuous one- ear eriod. 5. Annual Review. On an annual basis, this Conditional PL On-going Planning Use Permit approval may be subject to review by the Community Development Department to determine com liance with the Conditions of A royal. 6. Revocation. This Permit shall be revocable for cause PL On-going DMC in accordance with Dublin Zoning Ordinance Section 8.96.020.1 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. 7. Minor Amendments. Modifications or changes to this PL On-going DMC approval may be considered and approved by the 8.100.080 Community Development Director if the modifications or changes proposed comply with Section 8.100.080 Amendments of the Zonin Ordinance. 8. Clarifications and Changes to the Conditions. In the PL On-going Planning event .that there needs to be clarification to these Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval. Any clarification to these Conditions of Approval shall be documented in writing, signed by the Community Development Director and placed in the project fife. The Community Development Director also has the authority to make minor modifications to these Conditions of Approval without going to a Public Hearing in order for the Applicant to fulfill the requirements of the Permit a royal. 9. Hold Harmless/Indemnification. The Applicant shall ADM On-going Admin./ defend, indemnify, and hold harmless the City of Dublin City and its agents, officers, and employees from any claim, Attorney action, or proceeding against the City of Dublin or its agents, officers, or .employees to attack, set aside, void, or annul an approval of 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 extent such actions are brought within the time period- required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant's duty to so defend, indemnif ,and hold harmless shall be sub~ect 4 of 10 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: to the City's promptly notifying the Applicant of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or roceedin s. PLANNING- PROJECT SPECIFIC 10. Parking Requirements. The Applicant shall provide PL On-going Planning parking as shown in .the Project Plans. All parking spaces shall be striped according to the requirements of the City of Dublin Zoning Ordinance, except in certain areas of the site otherwise reflected on the site plans included with this approval. Disabled, visitor, employee, and compact parking spaces shall be a ro riatel identified on the avement. 11. Second floor storage space not utilized. The project PL On-going Planning plans indicate that the second floor mezzanine space will not be utilized, and the parking calculations for the Conditional Use Permit do not include the second floor space. If at any point in the future the Applicant wishes to use the second floor space, a parking analysis will need to be conducted to demonstrate that there is sufficient parking on site to warrant a Parking Reduction er Section 8.76.050.E of the Zonin Ordinance. 12. No servicing of RVs. There shall be no major PL On-going Planning (mechanical) servicing of RVs at the project site. Light repairs are permitted but shall be limited to fixing interior components of the RV (e.g. cabinets, interior appliances, windows, vents, furniture) and the installation of cosmetic enhancements on the RV exterior. 13. All Uses Conducted Indoors. Except as allowed PL On-going Planning & under Chapter 8.108 (Temporary Use Permit), all DMC activities associated with the business shall be 8.108 conducted indoors at all times. No vehicles for rental, lease, or sale shall be displayed outdoors or parked outdoors overnight. No vehicle repairs shall be conducted outdoors. 14. Sales Transactions. All sales transactions shat{ be PL On-going Planning conducted inside the buildin . 15. Loudspeakers andlor Amplified Music. No PL On-going Planning loudspeakers or amplified music shall be placed or ro'ect outside of the buildin at an time. 16. Property Maintenance. The Applicant/Tenant shall PL On-going DMC keep the property maintained in a safe, clean, and 5.64 litter-free condition at all times. 17. Nuisance. The Applicant/Tenant shall control al! PL On-going Planning activities on the project site so as not to create a nuisance to surroundin businesses and residents. 18. Temporary Promotional Banners and Balloons. The PL On-going DMC use of Temporary Promotional Banners andlor 8.84.050.S Balloons shall be subject to approval of a Zoning Clearance and com liance with 8.84.050.S Tem ora 5 of 10 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior #o: Promotional Si ns of the Dublin Zonin Ordinance. _ 19. Prohibited Signage. The use of any A-Frame, PL On-going DMG Portable Sign, or Sandwich Board Sign, or any other $.84.150 sign contained in Section 8.84.150 (Prohibited Signs) of the Dublin Zoning Ordinance, is strictly prohibited. BUILDING 20. Interior Keypad Pocking devices shall have Building B On-going CBC Division and Fire Department approval prior #o installation. All exit doors shall be readily openable from the egress side without the use of a key, special knowledge, or effort unless the door hardware meets. the requirements for access-controlled egress doors as ermitted b the California Buildin Code. FIRE PR EVENTION 21. Any high piled combustible storage wilt require a Fire On-going Fire separate fire ermit. 22. Project will be subject to the Fire and Building code Fire On-going Fire requirements in effect at the time of tenant im rovement submittal. 23. The second floor shall be secured by the building Fire On-going Fire owner and Applicant and shall not be occupied or used by the tenant or landlord for any purposes, including stora e. DSRSD 24. Due to the change in use for this building, a review of DSRSD Issuance of _ DSRSD the water and sewer demand charges will be required. Building Exact changes will be assessed at the time of plan Permit check by DSRSD. Some additional connection or demand fees ma be re uired. PUBLIC WORKS --- -- 25. Clarifications and Changes to the Conditions. In PW Approval of Public the event that there needs to be clarification to these Imprvmt Works Conditions of Approval, the Directors of Community -Plans 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 modii•ications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or miti ations resultin from im acts of this ro'ect. 26. Standard Public Works Conditions of Approval. PW Approval of Public Applicant/Developer shall comply with all applicable Imprvmnt Works City of Dublin Public Works Standard Conditions of Plans Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 6 of 10 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 27. Hold Harmlessllndemnification. The Developer PW Through Public shall defend, indemnify, and hold harmless the City of completion Works Dublin and its agents, officers, and. employees from of Imprvnts any claim, action, or proceeding against the City of and Dublin or its advisory agency, appeal board, Planning Occupancy Commission, City Council, Community Development of the Director, Zoning Administrator, or any other Building 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 roceedin s. 28. All improvement work must be performed per a PW Issuance of Public Grading/Sitework Permit issued by the Public Works Grading/ Works Department. Said permit will be based on the final site Sitework plan that will demonstrate parking lot sealing, Permit restriping, and placement of traffic and parking control signage. The accessible parking stalls at the entrance to the tenant space shall be removed from the site plan for adequate drive aisle circulation. 29. Accessible Path of Travel. Applicant shall provide an PW Issuance of Public accessible path of travel/walkway from the public Grading/ Works sidewalk on Regional Street to the building entrance Sitework per California Building Code requirements. Said Permit walkway shall be 4'-minimum width with compliant curb ramps at transitions between the walkway and the drive aisle crossin s. 30. Vehicle Parking. Applicant should repair any PW Occupancy Public distressed areas of pavement within the existing Works parking field, then seal and re-stripe the entire parking field of spaces that are required for this business. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to City standards and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on .the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. 31. Damaged Sidewalk. If required, the PW Occupancy Public Applicant/Developer shall repair any damaged and/or Works protruding sidewalk on Regional Street adjacent to the ro a fronts e. 32. Signs and Pavement Markings. The PW Occupancy Public Applicant/Developer shall be responsible for the Works following on-site traffic signs and pavement markings: 7 of 10 When. NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 1) R26F "No Stopping -Fire Lane" signs shall be posted along all curbs that are longer than 20' and that parallel the drive aisles as required by the Fire Marshall. 2) R100B (disabled parking regulations sign) shall be installed at the driveway entrance to the site with amended text to read "...may be reclaimed at DUBLIN POLICE or by telephoning 833-6670". 3) Accessible parking signs and legends per State Title 24 requirements. 4) The word "Compact" shall be stenciled on the pavement surface within each compact parking space. 5) R1 "STOP" signs and pavement markings shall be installed at each drive aisles and drivewa s. 33. Temporary Fencing. Temporary Construction fencing PW During Public shall be installed along perimeter of all work under Construction Works construction to separate the construction operation from and the public. All construction activities shall be confined to Occupancy within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. 34. Construction Hours. Construction and grading PW During Public operations shall be limited to weekdays (Monday Construction Works through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:00 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer na later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturda and/or holida work. 35. Damage/Repairs. The Applicant/Developer shall be PW Occupancy Public responsible for the repair of any damaged pavement, Works curb & gutter, sidewalk, or other public. street facility resulting from construction activities associated with the develo ment of the ro'ect. 36. Fees. The Developer shall pay all applicable fees in PW Issuance of Public effect at the time of building permit issuance, including, Building Works but not limited to: Planning fees; Building fees; Dublin Permit San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusions Housing In-Lieu fees; Alameda County 8of10 When NO. CONQITlONS OF APPROVAL Agency. Required, Source Prior to• Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Develo merit A reement. 37. Bicycle Racks. Bicycle racks shall be installed near PW, PL Issuance of Public the entrances to the office and retail buildings at a ratio Occupancy Works and of 1 bicycle space per 40 vehicle parking spaces. Permit(s) Planning Bicycle racks shall be designed to accommodate a minimum of four bicycles per rack, and so that each bicycle can be secured to the rack. The location of the bicycle racks shall not encroach into any adjacent/adjoining sidewalks in a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surveilled b the buildin occupants. POLICE 38. Non-Residential Security Requirements. The PO On-going Police Applicant shall comply with all applicable City of Dublin Non-Residential Security Requirements. Skylights in service areas shall comply with the .iron bar requirements. Skylights in public areas may use an alarms stem in the lace of bars. 39. Graffiti. The Applicant/Tenant shall keep the site clear PO On-going Police of graffiti vandalism on a regular and continuous basis at all times. 40. Theft Prevention and Security Program. The PO On-going Police Applicant/Tenant shall work with Dublin Police on an on-going basis to establish an effective theft prevention and securit ro ram. 41. Addressing, suite, and building numbers shall be PO On-going Police visible from the approaches to the building. All exterior doors shall include the business name, address, and suite number painted on the door in 6" high letters in a contrastin color. 42. Employee exit doors shall be equipped with 180 PO On-going Police degree viewers if there is not a burglary-resistant window panel in the door from which to scan the exterior. 43. All interior doors shall be identified with appropriate PO On-going Police signage indicating their purpose or .the areas they access i.e lobb ,stairs, exit onl ,office . 44. A diagrammatic map of the premises shall be posted in PO On-going Police the lobby. This can be in the form of a fire exit map as Ion as all rooms are noted on the ma . 45. Multi-user restrooms shall be equipped with motion- PO On-going Police sensor li htin and emer enc li hts. 46. The Applicant shall submit a security plan for the site. PO On-going Police The plan shall include information on: alarm systems, inventory control, key control,. a complete "Business Site Emergency Response Card", and employee safet /securi trainin . 9 of 10 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: 47. The business owner shall schedule a Police Services PO On-going Police safety talk for their staff within the first 6 weeks of .operation at this site. This can be arranged by contacting the Crime Prevention Unit of Dublin Police Services - 925-833-6670. PASSED, APPROVED AND ADOPTED this 14th day of June 2011 by the following vote: AYES: Brown, Wehrenberg, Schaub, O'Keefe, Bhuthimethee NOES: ABSENT: ABSTAIN: arming Commission Chair ATTES c Plan ing ager G:IPA#120111PLPA-2011-00018 Sky River RV CUPIPC 06.14.20111PC Reso Sky River RV CUP.doc 10 of 10