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HomeMy WebLinkAboutPC Reso04-72 PA 04-053 Custom Truck CUP RESOLUTION NO. 04-72 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR CUSTOM TRUCKS TO OPERATE AN AUTO SERVICE ESTABLISHMENT IN AN EXISTING INDUSTRIAL BUILDING WITH A PARKING REDUCTION FOR INDIVIDUAL USE LOCATED AT 6303 SIERRA COURT P A 04-053 WHEREAS, the Applicant, Jack Berube of Custom Trucks Unlimited, Inc., has requested approval of a Conditional Use Permit to establish an Automobile Service establishment within an existing industrial building located at 6303 Sierra Court in the M-I (Light Industrial) zoning district. WHEREAS, the proposed building at 6303 Sierra Court was approved for construction in 1970 and was designed and built for the purposes of housing industrial and commercial service-type users; and WHEREAS, the proposed use of Vehicle Service is permitted in the M-I (Light Industrial) zoning district with a Conditional Use Permit approved by the Planning Commission; and WHEREAS, the City Traffic Engineer has confirmed that parking demand for the proposed use of Vehicle Service would not result in a significant impact for the complex or adjacent streets; 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; and WHEREAS, the Conditions of Approval proposed will limit or eliminate any negative impacts the Automobile Service establishment could have on surrounding businesses; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on December 14,2004; 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: A. 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. B. 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 community. C. 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. D. 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. E. The subject site is physically suitable for the type, density and intensity of the use being proposed because the existing industrial building is of adequate size to serve the use. F. The proposed use is compatible with the specific intent established for the M-l Zoning District for at the time the industrial building was constructed for the purposes of housing industrial and commercial service type users. G. The subject site provides a sufficient number of parking spaces to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency. H. That satisfactory evidence has been provided that the use types, by their nature and operating times, will not conflict with each other and overflow parking will not adversely affect any adjacent use. 1. The proposed use is consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve P A 04-053, a Conditional Use Permit request to establish an Automobile Service establishment within an existing industrial building located at 6303 Sierra Court, within the M-l (Light Industrial) zoning district, subject to the following Conditions of Approval. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the 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 [DEH]. 1) This Conditional Use Permit approval for P A 04-053 establishes an Automobile Service establishment within an existing industrial building with parking reduction for shared parking located at 6303 Sierra Court, and further identified as APN 941-0205-014. The operators of the permit shall comply with the project's conditions of approval and, provided the use established herein does not cease to operate 2 for more than one continuous year, this Conditional Use Permit shall be valid for the remaining life of the approved structure. This Conditional Use Permit will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. 2) Review and Permitting Authority. The applicant shall comply with all applicable regulations and requirements of the Dublin Community Development Department -- Building Division and Planning Division, Alameda County Fire Department, Dublin Police Services, and Dublin Public Works Department. [All] 3) Limited activity. The business operations shall be limited to installation of customized accessories. At no time shall the business operations include auto repair, auto services, auto wash or detailing and/or auto sales. As indicated by the Applicant hours of operation shall be Monday through Friday 8:30-5:30 p.m., Saturday from 9:00-3:00 p.m. and closed on Sunday. Activity shall further be limited as follows: a) No service work can be conducted outdoors. b) No repair vehicles may be left outside overnight. c) No signs, flags, banners, balloons, or pennants may be mounted or installed without a permit from the City of Dublin per Dublin Municipal Code Chapter 8.84 (Sign Regulations). No signage that is described under Section 8.84.150 (Prohibited Signs) may be installed at any time. [PL] 4) Outdoor activity. All activities associated with the Automobile Service establishment shall be conducted entirely within the enclosed building with no installation or work to be conducted outdoors. Nor shall any vehicles be stored or left outside overnight. [PL] 5) Signage. All new signs shall be subject to the Zoning Ordinance, Chapter 8.84, Sign Regulations. No signs, flags, banners, balloons, or pennants may be mounted or installed without a permit from the City of Dublin per Dublin Municipal Code Chapter 8.84 (Sign Regulations). [PL] 6) Building Alterations. Any upgrades to the tenant space will be subject to Building Permit issuance. To apply for permits, Applicant shall submit 5 sets of construction plans, prepared by a California licensed Architect or Engineer, to the Building Division. [B] 7) Parking lot upgrade. Prior to occupancy, the Applicant/Owner shall upgrade the existing parking lot to meet the current handicap parking stall standards. [PW] 8) Property Maintenance. Both the applicant and property owner shall be responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. [PL, PO] 9) Security. The applicant shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. [PO] 10) Building Identification. The unit address shall be posted on all doors leading to the exterior of the building. Prior to occupancy of the unit, the Applicant shall install 5-inch illuminated address numbers, so as to be visible from the street (Sierra Court). [B] 11) Graffiti. The applicant shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. [PO] 12) Fire Safety. The following conditions are required by the Alameda County Fire Department for businesses that engage in auto installation. [F] a) The project shall comply with the California Building and Fire Codes, adopted by the City of Dublin. Said Code requirements include occupancy separations, allowable area and exiting. 3 b) Provide at least one 2A 10BC portable fire extinguisher. Travel distance to an extinguisher shall not exceed 75 feet of travel distance. (CFC 1998, Section 1002.1) c) 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. Individual suite numbers shall be permanently posted on the main entrance doors or tenant spaces. (CFC 1998, Section 901.4.4) Ifthere are rear doors to the tenant space, they shall include the numerical address corresponding to the address on the front of the building. The business name shall also be displayed on the rear doors in accordance with Dublin Police. d) A Knox key lock system is required. Applications are available at the Alameda County Fire Department, Fire Prevention Division, 100 Civic Plaza, Dublin, CA 94568. Please return the completed application with building plans when you submit for a permit or prior to final inspection for occupancy. (CFC Section 902.4) 13) Nuisance. The applicant shall control all business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. [PL, PO] 14) Revocation. This permit shall be revocable for cause in accordance with Dublin Zoning Ordinance Section 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. [PL, PO] PASSED, APPROVED, AND ADOPTED this I 4th day of December 2004. AYES: Cm. Fasulkey, Jennings, Nassar, King, and Machtmes NOES: ABSENT: ABSTAIN: ATTEST: .~... Planning ~ nager G:\P A#\2004\04-053\PC reso.doc 4