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HomeMy WebLinkAboutPCReso03-13 PA03-006 Smart Auto CUPRESOLUTION NO. 03- 13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 03-006 SMART AUTO GLASS CONDITIONAL USE PERMIT TO ALLOW AN AUTOMOTIVE GLASS REPLACEMENT SERVICE AND SALES FACILITY WITHIN AN EXISTING INDUSTRIAL BUSINESS PARK LOCATED AT 6549 SIERRA LANE. WHEREAS, the Applicant, Andrew Katz, of Smart Auto Glass has filed a Conditional Use Permit application to establish an automotive glass replacement sales and service facility within an existing industrial tenant space at 6549 Sierra Lane, in a M-1 Light Industrial Zoning District; and WHEREAS the Planning Commission held a properly noticed public heating on said application on April 8, 2003; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission application be conditionally approved; 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(a); and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used their 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 Dublin Planning Commission does find that: mo The proposed use serves the public need by providing a location for automotive glass replacement sales and service, which provides an opportunity for the community to purchase replacement glass for vehicles where limited opportunity presently exists. 3. The proposed use will not adversely affect the health or safety of persons working in the vicinity, and will not be viewed as detrimental to the public health, safety, and welfare because of the proximity of its location to other automotive related uses and activities. Neighboring property owners in the vicinity of the project include commercial offices and warehouses, automotive repair and service facilities; and automotive sales and service locations where vehicles are stored for a period of time. Additionally, conditions of approval will ensure ongoing compatibility with other surrounding land uses that are light industrial in Co Do Eo Fo nature. The use, under all circumstances and conditions of this permit, will not be injurious to property uses or improvements in the neighborhood. Other automotive repair and service facilities in the immediate vicinity complement the proposed project. There are adequate existing 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. No alteration or extension of such services would be necessary. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. Sierra Business Center is one of the more appropriate industrial parks in the City for industrial and commercial uses that are compatible with the surrounding neighboring uses. The proposed project is consistent with the intent of the M-1 Light Industrial Zoning District, which encourages light industrial uses adjacent to major transportation corridors and adjacent roadways. The proposed use is consistent with the Dublin General Plan in terms of land use and development standards. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 03-006 Conditional Use Permit to allow establishment of an automotive glass sales and service facility as generally depicted by the site plan, labeled Attachment 2, stamped approved on April 8, 2003 and on file with the Dublin Planning Department, subject to compliance with 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, [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. PA 03-006 Smart Auto Glass Conditional Use Permit is approved for an automotive glass sales and service facility within an existing 2,400 square feet industrial building located at 6549 Sierra Lane. This approval shall conform to the project plans stamped approved on April 8, 2003, labeled Attachment 2, consisting of a site and floor plan dated received by the Planning Department on February 4, 2003. [PL] This Conditional Use Permit shall be revocable for cause, upon the determination by the Community Development Director that the conditions of approval are not being met, or if the above related findings of approval cannot be met. Failure to comply with the conditions of approval or to make progress on required improvements within 1 (one) year from the effective date of approval will cause Page 2 o o o 10. 11. 12. 13. 14. the permit to become null and void. [PL] The project shall be in compliance with all appropriate local, state and federal laws and regulations and shall be in compliance with all conditions listed within the Municipal Code, Non-Residential Building Security Requirements, adopted standard conditions for non-residential building security. The applicant shall also comply with all applicable regulations, requirements and ordinances of the City of Dublin Planning and Building Department, Alameda County Fire Authority, and the Dublin Police Department. [PL, B, F, PO] All project construction shall conform to all building codes and ordinances in effect at the time of issuance of the building permits. [BI Prior to the issuance of building permits, all construction plans shall be fully dimensioned (including building elevations, if required) accurately drawn depicting all existing and proposed construction on site, and prepared and signed by an appropriate design professional. [B] The applicant shall be responsible for maintaining the site in a clean and litter-free condition at all times. [PL] All activities associated with Smart Auto Glass shall be conducted entirely within the enclosed building. All glass replacement services shall be conducted inside the warehouse. No repairs to the vehicles shall be conducted in the parking lot. Vehicles that have been repaired shall not be stored or parked in front of the main entrance to the site. [PL] The hours of operation shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Friday unless the applicant requests a minor amendment to the Conditional Use Permit by the Community Development Director. [PL] The applicant shall limit interior noises so as not to create a nuisance to surrounding commercials tenants within the shopping center. [PL] All signs shall be subject to the signage regulations established in the Zoning Ordinance, Chapter 8.84. [PL] Any additional uses other than automotive glass replacement services shall be subject to the Planning Commission review and approval prior to commencement of use. [PL] The applicant shall obtain the proper licenses and permits through the Department of Motor Vehicles and the State Board of Equalization prior to the establishment of use. Said licenses and permits shall be displayed at all times during the operation of business. [PO, PL] The applicant shall work with the Dublin Police Services Department to establish and maintain an effective theft prevention and security program and have on file a completed Emergency Response Plan with current emergency contact information prior to occupancy of the building. [PO] Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services Districts District whichever comes first, all utility connection fees, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid Page 3 to DSRSD in accordance with the rates and schedules established in the DSRSD Code. [DSRSD] 15. Prior to issuance by the City of any Building Department, or any Construction Permit by the Dublin San Ramon Services District, whichever comes first, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. [DSRSD] 16. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition 12 have been satisfied. [DSRSD] 17. The applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. [DSRSD] 18. The applicant shall contact the Alameda County Fire Department, City of Dublin, Fire Prevention Division to schedule an inspection of the site for a review of the existing sprinkler system to determine if a current Title 19, 5-year, Certification and the U.L. listing are to the satisfaction of the Alameda County Fire Department, City of Dublin, Fire Prevention Division. [F] 19. This permit shall be revocable for cause in accordance with Section 8.96.020 (I) of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this use permit shall be subject to citation. [PLI 20. This approval shall become null and void in the event the approved uses cease to operate for a one- year period. [PL] PASSED APPROVED AND ADOPTED this 8th day of April 2003. AYES: Cm. Fasulkey, Jennings, Nassar and King NOES: ABSENT: Cm. Machtmes ATTEST: Planning~~ager G:\pa03006~reso Page 4