HomeMy WebLinkAboutPC Reso 13-12 Fiat Dealership CUP RESOLUTION NO. 13-12
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN
AUTOMOBILENEHICLE SALES AND SERVICE FACILITY (FIAT DEALERSHIP) AT
4300 JOHN MONEGO COURT
PLPA-2012-00057
WHEREAS, the Applicant, Inder Dosanjh, has requested approval of a Conditional Use
Permit to operate a vehicle sales and service facility, in the PD (Planned Development) Zoning
District at 4300 John Monego Court; and
WHEREAS, the Applicant has also requested approval of a Site Development Review
Permit to construct an 13,130 square foot dealership building which includes offices, a showroom
and a service facility and related improvements; and
WHEREAS, a complete application for the above noted entitlement request is available and
on file in the Community Development Department; and
WHEREAS, the Applicant has submitted Project Plans dated received January 17, 2013;
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, the proposed project is an anticipated component of the larger General Motors
Auto Mall project. The General Motors Auto Mall was previously determined to be within the scope
of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was
certified (SCH 91103064); therefore, the proposed project is within the scope of the Program and
EIR and no further environmental analysis is required; and
WHEREAS, the Planning Commission is the reviewing body for a Conditional Use Permit
request to operate an AutomobileNehicles Sales and Service facility in the PD, Planned
Development, Zoning District; and
WHEREAS, a Staff Report was submitted outlining the request and recommending
approval of the Conditional Use Permit; and
WHEREAS the Planning Commission held a properly noticed public hearing on said
application on April 9, 2013; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used independent judgment to make
a decision; and
WHEREAS, the Planning Commission has found that the proposed Project is appropriate
for the subject site.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby make the following findings and determinations:
A. The proposed use and related structures are compatible with other land uses,
transportation and service facilities in the vicinity because: 1) the proposed location of the
project is within the General Motors Auto Mall which has a wide variety of automobile
related uses; 2) pursuant to the Planned Development Plan for the General Motors Auto
Mall, AutomobileNehicle Sales and Service facilities are permitted in the PD (Planned
Development) Zoning District with a Conditional Use Permit; 3) the service facility will be
located within the 13,130 square foot building and no service work will be conducted
outside; and 4) the proposed use, as conditioned, will be compatible with surrounding uses.
B. The proposed use, as conditioned, 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
and will not be injurious to property or improvements in the neighborhood because: 1) the
proposed use is adequately conditioned to ensure that the operation has no recognizable
negative impacts to the existing uses in the area; and 2) the proposed Facility will comply
with all of the City of Dublin regulations.
C. The proposed use will not be injurious to property or improvements in the neighborhood
because: 1) the proposed project will comply with all City of Dublin regulations; and 2)
Conditions of Approval have been included to ensure that the use is compatible with the
surrounding neighborhood.
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 because: 1) the service facility will be operated
completely within a building that will be serviced by all appropriate utilities and
infrastructure; and 2) the area was designed to accommodate automobile uses, and the
proposed use fits in with the intended uses of the area.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed because: 1) access to the site will be located from John
Monego Court, which is an existing roadway; 2) the facility will be located in an area which
was designed to support a variety of auto related uses; 3) the proposed use is allowed
pursuant to an approved Conditional Use Permit; and 4) vehicles will be displayed on the
site in an orderly fashion.
F. The proposed use will not be contrary to the specific intent clauses, development
regulations, and performance standards established for the PD, Planned Development,
Zoning District because: 1) the proposed use is a Conditional Use in the PD (Planned
Development) Zoning District and is permitted when the required findings as stated in
Section 8.100.060 of the Dublin Zoning Ordinance can be made; 2) Conditions of Approval
have been applied to the Project to ensure on-going compatibility with surrounding uses; 3)
Section 8.76.080.D outlines the parking requirements for use types; 4) a total of 72 on-site
parking stalls will be provided for employees and visitors in accordance with the
requirements of the Zoning Ordinance; 5) the Facility is compatible with the existing uses
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found in the General Motors Auto Mall and therefore meets the requirements of the Dublin
Zoning Ordinance; and 6) the proposed dealership will provide a use that meets the needs
of the residents as well as the region and provides expanded automobile services in the
City.
G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan
because: 1) the proposed use is permitted with a Conditional Use Permit and meets the
intentions of the Zoning District in which it is located; and 2) the proposed Project will result
in improvements to the site which will provide a service to the community that is consistent
with the intent of the General Commercial General Plan Land Use designation.
BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby
conditionally approve PLPA-2012-00057 Fiat Dealership Conditional Use Permit to operate a
Automobile/Vehicle Sales and Service facility located at 4300 John Monego Court. The project
approval shall be subject to compliance with the following Conditions of Approval for said
Conditional Use Permit:
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, [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.
NO. CONDITIONS OF APPROVAL Agency When
enc
9 Y Required Source
PLANNING
1. Approval. This Conditional Use Permit approval for PL On-going Standard
PLPA-2012-00057 is to allow the operation of vehicles
sales and service (Fiat Dealership) located at 4300 John
Monego Court. This approval shall generally conform to
the project plans received by the Planning Division on
January 17, 2013 unless modified by the Conditions of
Approval contained herein.
2. Permit Expiration. Approval of this Conditional Use PL One year DMC
Permit shall be valid for one year from the effective date. from date of
This approval shall be null and void in the event the approval 8.96.020.D
approved use fails to be established within one year.
Commencement of the use means the establishment of
use pursuant to the Permit approval or, demonstrating
substantial progress toward commencing such use. If
there is a dispute as to whether the Permit has expired,
the City may hold a noticed public hearing to determine
the matter. Such a determination may be processed
concurrently with revocation proceedings in appropriate
circumstances. If a Permit expires, a new application
must be made and processed according to the
requirements of this Ordinance.
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NO. CONDITIONS OF APPROVAL Agency When
g y Required Source
3. Time Extension. The original approving decision- PL Prior to DMC
maker may, upon the Applicant's written request for an Expiration
extension of approval prior to expiration, upon the Date 8.96.020.E
determination that all Conditions of Approval remain
adequate and all applicable findings of approval will
continue to be met, grant an extension of the approval
for a period not to exceed six (6) months. All time
extension requests shall be noticed and a public hearing
shall be held before the original hearing body.
4. Compliance. The Applicant/Property Owner shall PL On-going Standard
operate this use in compliance with the Conditions of
Approval of this Conditional Use Permit, the approved
plans and the regulations established in the Zoning
Ordinance. Any violation of the terms or conditions
specified may be subject to enforcement action.
5. Revocation of Permit. This Conditional Use Permit PL On-going DMC
approval shall be revocable for cause in accordance with
Section 8.96.020.1 of the Dublin Zoning Ordinance. Any 8.96.020.1
violation of the terms or conditions of this permit shall be
subject to citation.
6. Null and Void. This approval shall become null and PL On-going Planning
void in the event that the approved use has ceased or
was suspended for 12 or more consecutive months after
the use commences.
7. Annual Review. On an annual basis, the Conditional PL On-going Planning
Use Permit approval may be subject to review by the
Community Development Director to determine
compliance with the Conditions of Approval.
8. Minor Amendments. Modifications or changes to this PL On-going Standard
Conditional Use Permit approval may be considered and
approved by the Community Development Director, if
the propose modifications or changes comply with
Section 8.100.080 of the Zoning Ordinance.
9. Hold Harmless. The Applicant/Developer shall defend, PL On-going Standard
indemnify, and hold harmless the City of Dublin and its
agents, officers, and employees from any claim, action,
or proceeding against the City and its agents, officers, or
employees to attack, set aside, or annul an approval of
the City of Dublin or its advisory agency, Planning
Commission, City Council, Director of Community
Development, Zoning Administrator, or any other
department, committee, or agency of the City of the site
development review; provided, however, that the
Applicant/Developer's duty to defend, indemnify, and
hold harmless under this provision shall be subject to
the City's promptly notifying the Applicant/Developer of
any said claim, action, or proceeding and the City's
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NO. CONDITIONS OF APPROVAL Agency When
enc
g y Required Source
cooperation in the defense of such actions or
proceedings.
10. Fees. The Applicant shall pay all applicable fees in PL On-going Standard
effect at the time of building permit issuance, including,
but not limited to, Planning Fees, Building Fees, Dublin
San 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.
PLANNING DIVISION — PROJECT SPECIFIC
11. Noise/Nuisance. The Applicant shall control all PL On-going Planning
business activity so as not to create a public or private
nuisance to the existing and surrounding businesses
and residents. No amplified sounds, loudspeakers or
music shall be permitted outside the building.
12. Clean-up. The operators of the dealership are PL On-going CUP
responsible for picking up all trash associated with the
use several times per day throughout the parking lot and
street.
13. Services. No service work or repairs shall be conducted PL On-going Planning
outdoors.
14. Inventory Vehicle Storage and Parking. No vehicles, PL On-going Planning
other than vehicles for sale, shall be stored on the
premises on a regular basis. Campers, trucks or
recreational vehicles may not be stored outside. No
vehicle shall be parked in any fire lanes and must be
located in designated parking stalls.
15. Vehicle Deliveries. All vehicle deliveries shall be PL On-going Planning
located on-site.
16. Vehicle Displays. Vehicles shall be displayed in the PL On-going Planning
vehicle display areas shown on the approved site plans.
Any additional vehicle display areas are subject to
review and approval by the Community Development
Director.
17. 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
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NO. CONDITIONS OF APPROVAL Agency When
y Source
Required
included with this approval. Disabled, visitor, employee,
and compact parking spaces shall be appropriately
identified on the pavement.
18. Vehicle Display & Promotional Activity. In PL On-going Planning
accordance with the Zoning Ordinance, all promotional
activity (including pennants, balloons, banners and
tents) shall be subject to the approval of a Temporary
Use Permit.
19. Vehicle Display & Promotional Activity. In PL On-going Planning
accordance with the Zoning Ordinance, all promotional
activity (including pennants, balloons, banners and
tents) shall be subject to the approval of a Temporary
Use Permit.
20. Inventory. All vehicles shall be displayed in an orderly PL On-going Planning
fashion adjacent to John Monego Court.
21. Temporary Signage. All temporary signage shall PL On-going Planning
conform to the requirements of the Dublin Zoning
Ordinance at all times.
PASSED, APPROVED AND ADOPTED this 9th day of April, 2013 by the following vote:
AYES: O'Keefe, Bhuthimethee, Goel, Do, Kohli
NOES:
ABSENT:
ABSTAIN:
Pla g Commission Chair
ATTEST:
Assistant Corirfiunity Development Director
G:1PA#120121PLPA-2012-00057 Dublin Fiat\Planning Commission 4.9.131PC CUP Reso.doc
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