Loading...
HomeMy WebLinkAboutPC Reso 12-32 Sky River RV CUP Amd RESOLUTION NO. 12 - 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND PARKING REDUCTION FOR SKY RIVER RV AT 6700 GOLDEN GATE DRIVE (APN 941-1500-047-04) PLPA-2012-00045 WHEREAS, the Applicant, Scott Thorpe, Sky River RV, has submitted an application to amend an existing Conditional Use Permit to allow the outdoor display of Recreational Vehicle (RV) and a parking reduction at an existing RV sales, rental, and storage establishment at 6700 Golden Gate Drive; and WHEREAS, Sky River RV is located in the Downtown Dublin Zoning District (DDZD) where Auto (Vehicle) Service/Sales establishments are conditionally permitted uses; and WHEREAS, the Planning Commission approved Resolution 11-17 on June 14, 2011 permitting the establishment of an indoor RV sales, rental, and storage establishment at the project site; and WHEREAS, the requirement to conduct all business indoors was a condition of approval of the original Conditional Use Permit (Condition of Approval 13 of Resolution 11-17); and WHEREAS, the Applicant submitted a complete application for a Conditional Use Permit Amendment to allow outdoor display as well as a request a Parking Reduction for an Individual Use to reduce the amount of parking spaces required for the project; and WHEREAS, the Planning Commission is the designated decision-making authority for such requests; 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 to permit outdoor display and a Parking Reduction for an Individual Use 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 related to the Conditional Use Permit request; and WHEREAS, the Planning Commission held a public hearing on said application on September 11, 2012; 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 occupies 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, even with approval of a substantial reduction, is 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. 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 outside an existing warehouse/industrial building where the sales, rental, and storage of RVs is already permitted to take place. 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 utilities 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 outdoor display area is proposed to be located in an existing parking field that is not needed due to the unique nature of the users at the site. 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 Reduction for an Individual Use. 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 General Plan land use designation for the site; and 2) the Project is consistent with the 2 of 5 Downtown Dublin Specific Plan which designates Auto (Vehicle) Sales/Service and Outdoor Display as a conditionally permitted uses. BE IT FURTHER RESOLVED that the granting of a Parking Reduction for an Individual Use to reduce the amount of parking spaces required for the project by an additional 113 spaces (leaving 117 parking spaces on-site) can be supported in this case due to the parking surveys that have been completed that illustrate adequate parking is available on-site. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby approve a Conditional Use Permit for Permanent Outdoor Display and a Parking Reduction for an Individual Use 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 Amendment for PL Ongoing Planning PLPA-2012-00045, Sky River RV, is to allow the permanent outdoor display of RVs in the locations indicated on the Site Plan, attached as Exhibit A to this resolution, and to allow a parking reduction to require a minimum of 117 parking spaces. 2. Previous Approvals. All Conditions of Approval of PL Ongoing DMC Planning Commission Resolution 11-17 continue to 8.96.020.D apply, with the exception of COA 13, which prohibited outdoor display of RVs. COA 13 has been modified by this approval. All other conditions of Resolution 11-17 continue to apply. 3. Approval Period. This Conditional 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-year period. 4. 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 compliance with the Conditions of Approval. 5. 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 3 of 5 When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: _ to the issuance of a citation. 6. 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 Zoning Ordinance. 7. 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 file. 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 approval. 8. 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, indemnify, and hold harmless shall be subject 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 proceedings. PROJECT SPECIFIC 9. Parking Requirements. The Applicant shall always PL On-going Planning provide a minimum of 117 parking spaces that shall be available to employees, customers, and clients of all building tenants during all business hours. 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 continue to be appropriately identified on the pavement. 10. Fire Lane. A 26 foot wide fire access lane (as shown PL, Fire Ongoing Planning, on the Site Plan — Exhibit A) is required to be provided Fire AT ALL TIMES on the project site. 4 of 5 PASSED, APPROVED AND ADOPTED this 11th day of September 2012 by the following vote: AYES: Wehrenberg, Schaub, Brown, O'Keefe NOES: Bhuthimethee ABSENT: e/fitite ABSTAIN: PO Planning Commission :4A/1 ATTEST: / 6 Acting o unity Development Director G:1PA#120111PLPA-2011-00018 Sky River RV CUPIPC 06.14.20111PC Reso Sky River RV CUP.doc 5 of 5