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HomeMy WebLinkAboutPC Reso04-18 PA03-070 Ala Cty Auto Auction Amd CUPRESOLUTION NO. 04 - 18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT REQUEST FOR PA 03-070 TO OPERATE AN AUTO REPAIR AND SERVICE ESTABLISHMENT TO SERVE THE ALAMEDA COUNTY AUTO AUCTION IN AN EXISTING BUILDING WITHIN THE M-1 LIGHT INDUSTRIAL ZONING DISTRICT APN: 941-2756-004 WHEREAS, the applicant, Adel Saadeh representing the Alameda County Auto Auction, has requested approval of a Conditional Use Permit to establish an auto repair and service establishment limited to providing services to the auto auction in an existing building at 6938 Sierra Court, within the M-1 (Light Industrial) zoning district; WHEREAS, the building at 6938 Sierra Court was designed and built for the purposes of housing industrial and commercial service-type users; and WHEREAS, the proposed use of Auto Repair and Service is permitted in the M-1 (Light Industrial) zoning districts with a Conditional Use Permit approved by the Planning Commission; 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 as it is contained within an existing building on a completely improved site; and WHEREAS, the Conditions of Approval proposed will limit or eliminate any negative impacts the Automobile Repair and Service establishment could have on surrounding businesses and residents as the use shall provide limited auto repair services only to the Alameda County Auto Auction; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on February 10, 2004 and March 9, 2004; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. 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: The proposed use and related structure is compatible with other land uses, transportation and service facilities in the vicinity, because it is in an existing industrial and commercial building with similar surrounding uses. Nearby businesses in this industrial area include an automobile auction operated by Alameda County that the proposed operation will serve, warehousing and distribution, administrative office uses, light industrial uses and similar uses. The proposed use 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, because the proposed use creates no recognizable negative impacts and the proposed use will serve a public need by providing a service to the auto auction and the community it serves. The proposed use will not be injurious to property or improvements in the neighborhood because the site is adjacent to like commercial and industrial uses and will be operated within an improved building. Do There are adequate existing provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health, safety, and welfare, because no facilities will be altered, and no increase in public service demands will result from the proposed use. mo The subject site is physically suitable for the type, density and intensity of the use being proposed because the existing industrial building and site is of adequate size to serve the use and in close proximity to the Alameda County Auto Auction facility. The proposed use is compatible with the specific intent established for the M-1 (Light Industrial) zoning district, which is to "provide appropriate industrial areas to accommodate enterprises engaged in manufacturing, processing, and repairing goods, merchandise, or equipment." Go The proposed use is consistent with the Dublin General Plan land use designation of Business Park/Industrial. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 03-070, a Conditional Use Permit request to establish a limited Automobile Repair and Service establishment within an existing industrial building located at 6938 Sierra Court, within a M-1 (Light Industrial) zoning district, further identified as APN 941-2756-004, subject to the following Conditions of Approval as modified by the Planning Commission: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the establishment of use, and shall be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [BI Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attome¥, [FIN] Finance, [F] Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health [DEH]. GENERAL CONDITIONS 1. Approval. This Conditional Use Permit approval for PA 03-070 establishes an [?] Automobile Repair and Service establishment to provide auto repair service limited to smog testing and related repairs; safety inspection and related repairs (including fluid replacement); oil and filter changes; windshield replacement; and, paint less dent removal (including related minor detailing) within an existing industrial building. 2. Review and Permitting Authority. The applicant shall comply with all applicable [All] regulations and requirements of the Dublin Community Development Department Building Division and Planning Division, Alameda County Fire Department, Dublin San Ramon Services District, Dublin Police Services, and Dublin Public Works Department, and the Regional Water Quality Control Board. 3. Building Permit Application. To apply for building permits, the Applicant/Developer [B] shall submit five (5) sets of construction plans together with final site plan and landscape plans to the Building Department for plan check. Each set of plans shall have attached a copy of these conditions of approval with notations as to how the condition is being satisfied. The plans shall clearly indicate how all conditions of approval will be, or have been complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. The following items should be included on the drawings submitted to the Building Division: · Provide a detailed plan on exit path from within the building to the public way. · Show location of all roof top equipment, including isometric outline of the gas/plumbing systems. · Provide details on all construction type for the structure. · Per 1105B.3.2 CBC, areas to be made accessible include the following: a. Customer and office areas, together with related toilet rooms. b. Conference rooms, viewing and demo rooms or cubical and similar areas. c. Employee work areas shall have a minimum 36" wide clear access, except as modified in other portions of these regulations. d. All exterior address signage to meet the Dublin Municipal Code, i.e. front of building signage to be illuminated. Rear of building signage to be a minimum of 6" in height and to be visible to a passing officer. 4. Nuisance. The applicant shall control all business activity so as not to create a public or [PL, PO] private nuisance to the existing and surrounding businesses and residents. 5. Approval Period. This approval shall be valid for as long as the operation of the use is [PL] in compliance with the Conditions of Approval. However this approval shall become null and void in the event the approved uses cease to operate for a one-year period. 6. Revocation. This permit shall be revocable for cause in accordance with Dublin Zoning [PL, PO] Ordinance Section 8.96.020.I, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance of a citation. 7. Limited Outdoor Activity. [PL, PW] a) All activities associated with the Automobile Repair and Service establishment shall be conducted entirely within the enclosed building, except that any repair vehicles temporarily parked outside of the building during the day must be operable. b) No service or repair work can be conducted outside of the building. c) No vehicle parts, or equipment associated with the business may be stored outside of the building. d) No vehicles in for service or repair may be left outside of the building overnight except in the vehicle storage parking area surrounded by fencing and locked gate. e) The vehicle storage area shall be as shown on the Project Plans and shall only be used to store vehicles. No auto services, repairs, painting or draining of oil, anti- freeze, or other chemicals from autos shall be used or stored in the gated vehicle storage area. 8. Building Alterations. Any upgrades to the tenant space will require Building Permits [B] and plans and calculations prepared by a California licensed Architect or Engineer. 9. Restriction of Use. The applicant and property owner shall ensure that no cutting, [F] welding, open flame or draining of fuel is performed in the building. 10. Use of Office Space. The applicant and property owner shall ensure that no use is [PL, F] allowed in the office space until a building permit and final are obtained for such use of that space. 11. Safe, Clean and Litter-Free. Both the applicant and property owner shall be [PL, PO] responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. 12. Security. The applicant shall comply with all applicable City of Dublin Non- [PO] Residential Security Ordinance requirements. 13. Building Identification. Addressing and building numbers shall be visible from all [PO] approaches to the building. Any rear exit doors shall display the business name and address in 5" high lettering. 14. Graffiti. The applicant shall keep the site clear of graffiti vandalism on a regular and [PO] continuous basis at all times. Graffiti resistant materials should be used on the exterior of the building. 15. Theft Protection. The applicant shall work with Dublin Police on an ongoing basis to [PO] establish an effective theft prevention and security program. 16. Emergency Response Form. A business site Emergency Response Form shall be [PO] completed and submitted to Dublin Police Services prior to occupancy. 17. Exiting the Building. Employee exit doors shall be equipped with 180-degree viewers [PO] if there is not a burglary resistant window panel in the door from which to scan the exterior. 18. Exterior Lighting. Lighting shall be provided over all exit doors of the building. [PO] Lighting fixtures shall be installed in the parking lot in accordance with the current City of Dublin Security Ordinance. 19. Parking Lot Improvements. The parking lot shall be restriped as shown on the Site [PW] Plan in Exhibit A to provide additional spaces to serve the tenant space. Twenty-four (24) regular spaces (9' x 20') and one disabled-access parking stall are required. 20. Landscaping. Landscaping improvements shall be installed in accordance with the [PO] Project Plans. Exterior landscaping shall be kept at a minimal height and fullness to allow patrol officers and the public view of the site. 21. Fire Safety. The following conditions are required by the Alameda County Fire IF] Department: a) Approved numbers or addresses should be placed on all buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. b) Knox boxes are required at the entrance to the building and at any gates that block Fire Department access. c) The Applicant shall provide information on the location and quantities of any hazardous materials including any tanks. d) The existing sprinkler system shall be upgraded to comply with the requirements of the new use including being monitored by a UL listed central station. e) Provide 2A10BC fire extinguishers, in locations approved by the Fire Department, in the space. An approved sign in accordance with Uniform Fire Code shall be conspicuously posted above the extinguisher. f) The main door may have lever, panic or key locking hardware on the inside. A thumb mm and manual flush bolts are not allowed on the main door. If key-locking hardware is used, provide a sign above the door stating, "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS". The other doors shall have lever or panic hardware. g) The tenant space shall be in compliance with Building and Fire Codes as adopted by the City of Dublin. h) Fire apparatus roadways must have a minimum unobstructed width of 20 feet and an unobstructed, vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1". (CFC 2001, Section 902.2.2.1). 22. Vehicle storage area restrictions. The proposed fenced and gated vehicle storage area [PL, PW] shall be as shown on the Project Plans. Vehicles to be serviced or repaired may be parked in this area, but for no longer than ten (10) calendar days. No auto services, repairs, painting or draining of oil, anti-freeze, or other chemicals from autos shall be allowed in the gated vehicle storage area. The Applicant shall obscure the view of the vehicle storage area by installing wooden slats in the existing fencing, or replace with solid fencing subject to the approval of the Community Development Director. 23. Water Quality. The Applicant must comply with the Alameda County Clean Water [PO] Progrmn (Commercial and Industrial Pollution Control Section), which has been provided directly to the Applicant. The stormwater pollution prevention methods contained within should be implemented and practiced to avoid drainage of contaminated water or liquids into the adjacent creek channel from the use, and any citation from the City of Dublin or the Regional Water Quality Control Board. 24. Truck Deliveries and Unloading of Vehicles. All trucks delivering and unloading [PL, PO] vehicles to the service center shall be in accordance with the State of California Motor Vehicle Code regulations related to the off-loading and delivery of cars and street parking of trucks. Additionally, the loading and unloading in the public right-of-way of a truck associated with the service center shall be limited to a maximum time of one (1) hour. PASSED, APPROVED, AND ADOPTED this 9th day of March 2004. AYES: Cm. Fasulkey, Nassar, Jennings, King, and Machtmes NOES: ABSTAIN: ABSENT: ATTEST: Planning 1V~ager Planning Commission G:~PA#\2003\03-070\PCReso w/COAs.doc