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Home My WebLink About5.1 Scotsman's Mobile Lease CUP C7 450- 5 • CITY OF DUBLIN AGENDA STATEMENT Meeting Date: August 9, 1982 SUBJECT: Appeal of Scotsman's Mobile Lease Co. , Inc. , Conditional Use Permit, DC-14 EXHIBITS ATTACHED: Memorandum from Planning Director dated August 4, 1982; Locational Map; Letter from Bedford Properties; Zoning Administrator Resolution No. Z-4719; Pre-Hearing Analysis, May 19, 1982. RECOMMENDATION: Deny the appeal and approve the Conditional Use Permit with the fundings and conditions a§ indicated in the attached memorandum. FINANCIAL STATEMENT: Not Applicable 1 DESCRIPTION: The Scotsman's Mobile Lease Company was granted 1 ) a Site Development Review to place an office trailer on a permanent foundation and 2) a Conditional Use Permit to continue outdoor storage of mobile office units. Bedford Properties is appealing the Conditional Use Permit. Bedford Properties indicates that the Conditions, Covenants and Restrictions of the San Ramon Indus- trial Park require masonry or concrete building walls. Staff recommends denial of the appeal and approval of the Conditional Use Permit for the following reasons: 1 . The type and design of the building walls are Site Development Review matters, not Conditional Use Permit matters. The appeal period for the Site Development Review has expired. 2. The Scotsman's Mobile Lease Company application meets the specific regulations for a Conditional Use Permit. 3. The City is not in a position to enforce the conditions, covenants and restrictions of a private development 3 1 Copies To: ITEM NO. 0' f 0 THE CITY OF DUBLIN P.O. Box 2340 Dublin.CA 94566 (415) 829-3543 MEMORANDUM TO: City Council FROM: Planning Director SUBJECT: Appeal of Scotsman's Mobile Lease Co. , Inc. , Conditional Use Permit, DC-14 GENERAL INFORMATION Appellant: Bedford Properties Project: Conditional Use Permit to allow continued outdoor storage of mobile offices. Location: 6803 Sierra Count, Dublin Assessor Parcel Number: 941-205- 7 Applicant: Scotsman Manufacturing Company Property Owner: Cliff Tucker Existing Zoning: M-1 (Light Industrial ) District Existing Land Use: Outdoor storage of mobile offices; office building Surrounding Zoning and Land Use: North - M-l ; vacant lot South - M-1 ; vacant buildings East - M-1 ; research facility West - M-1 ; processing, assembling, and wholesale facilities Site History: January 11 , 1979: Conditional Use Permits C-3324 and C-3325 were granted to a temporary office trailer for 1 year and the outdoor storage of mobile office units for 3 years. February 11 , 1981 : Conditional Use Permit C-3946 was granted to permit a temporary office trailer and the outdoor storage of mobile office units until February 11 , 1982. March 31 , 1982: Site Development Review DSDR 82-1 was approved for re- placement of the temporary office trailer with modular units on permanent foundations. June 23, 1982: Conditional Use Permit DC-14 was granted to allow continued outdoor storage of mobile office units. Appeal of Scotsman's Mobile Lease Co. , Inc. , Conditional Use Permit, DC-14 Page 2 Applicable Regulations: Section 8-51 .3 of the Zoning Ordinance states that an "outdoor storage yard for equipment and supplies, if conducted within an area enclosed by a solid wall or fence" is a permitted Conditional Use in an M-1 District if approved by the Zoning Administrator. Section 8-94.0 of the Zoning Ordinance states that Conditional Uses "require special review and appraisal in each instance, in order to determine, 1 ) whether or not the use is required by the public need, 2) whether or not the use will be properly related to other land uses and transportation and service facilities in the vicinity, 3) whether or not the use, if permitted will , under all the circumstances and conditions of the particular case, materially affect adversely the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. " Environmental Review: Categorically exempt, Class 5, Minor Alterations in Land Use Limitations. ANALYSIS Bedford Properties, the appellant, is seeking denial of the conditional use permit granted to Scotsman's Mobile Lease Co. The letter of appeal states that Scotsman's Mobile Lease Co. is in violation of the Declaration of Restric- tions for the San Ramon Industrial Park. These restrictions indicate that all buildings shall be constructed in accordance with the following standards unless an exception is approved in writing by the architectural control committee: a) exterior walls shall be of masonry or concrete. The Zoning Ordinance states that M-1 (Light Industrial ) Districts are established "to provide for and encourage the development of light industrial , manufacturing and processing uses in areas suitable for such use, and to promote a desirable and attractive working environment with a minimum of detriment to surrounding properties. " (Section 8-51 .0) The applicant obtained a Site Development Review approval for the structure and a Conditional Use Permit for outdoor storage of mobile offices. RECOMMENDATIONS Deny the appeal and approve the Scotsman's Mobile Lease Co. , Inc. , Conditional Use Permit, DC-14 with the findings and conditions as stated in Zoning Administrator Resolution No. Z-4719. The reasons for this action are: 1 . The appellant's stated concern with the exterior of the building is a Site Development Review issue. The Conditional Use Permit deals with the continued outdoor storage of mobile office units. The appropriate action would have been for the appellant to appeal the Site Development Review. 2. The application meets the specific regulations for conditional uses. 3. The City is not in a position to enforce the conditions, covenants and restrictions (CC & R's) of a private development. 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M. ...s .• ..a w a.R.r�r...w.s+-^.. a. • ` sao J • i' aac \ N. 1' I MARIGOLD Ci^ nr.f rt 1 , �0`: -- 0 to 20 LOCATI014AL M AP .• l ust� MAA44s tIot,to L- e' . 1 : ,,IK'.F•- - /\•. . colAA`-tiovvki, (A feYWAt, DC,- 14 B&FORD PROPER AS • July 2 , 1982 cr Clerk c� Board of Supervisors 1221 Oak Street Room 536 Oakland, CA 94612 Gentlemen: Pursuant to the Alameda County zoning ordinance, we hereby appeal the granting of Dublin Conditional Use Permit DC-14, to Scotmans Mobile Lease Co. , 6803 Sierra Court , Dublin , CA 94566 on the following grounds: Scotmans Mobile Lease Co. is in violation of Article 3 , Section 3. 10A of the Declaration of Restrictions encumbering the San Ramon Industrial Park. Article 3, Section 3.10 reads as follows: Building Regulations: all buildings shall be con- structed in accordance with the following standards unless an exception is approved in writing by the architectural control committee: a) exterior walls shall be of masonry or concrete We , Bedford Properties , as adjacent land owners in the San Ramon Industrial Park and encumbered by the same Declaration of Restrictions , appeal for the denial of this permit . Sincerely, .cry Peter Bosworth Project Manager PB:dh Bedford Properties,Inc. Mailing Address 3470 Mt.Diablo Blvd. Telephone A Diversified P.O.Box 1267 Suite 200 415 Real Estate Company Lafayette,California Lafayette,California 283 8262 94549 94549 . . 0 _ a RESOLUTION NO. Z-4719 OF THE ZONING ADMINISTRATOR OF ALAMEDA COUNTY ADOPTED AT THE HEARING OF JUNE 23, 1982, CONCERNING DC-14 WHEREAS Scotman's Mobile Lease, Co. , Inc. , has filed an application for a CONDITIONAL USE PERMIT, DC-14, to allow continued storage of mobile offices in an "M-1" (Light Industrial) District, located at 6803 Sierra Court, east side, 1850' north_of the intersection with Dublin Boulevard, Dublin, Assessor's No. _ 941-205-27; and WHEREAS the Zoning Administrator did hold a public hearing on said application at the hour of 1:30 p.m. on the 19th day of May, 1982, and on the 23d day of June, 1982, in the Alameda County Public Works Building, 399 Elmhurst Street, Hayward, California; and WHEREAS it satisfactorily appears from affidavits on file that proper notice of said public hearing was given in all respects as required by law; and WHEREAS this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; class 5, example d; and WHEREAS a Pre-Hearing Analysis was submitted recommending the application be conditionally approved; and WHEREAS applicant's representatives appeared at said meetings and presented testimony in support of the application and .a representative of a neighboring property owner appeared at said meetings and presented testimony in opposition to the application; and 3 WHEREAS the Zoning Administrator did hear and consider all said reports, recommendations and testimony as hereinabove set froth; Now Therefore t BE IT RESOLVED that the Zoning Administrator finds that: t (a) The use is required by the public need as evidenced by past successful operation and the need for temporary facilities d by young businesses; (b) The use will be properly related to other land uses and trans- portation and service facilities in the vicinity as the use is a bonofide industrial use in support of other young industrial uses in the area and access and all services are available in the urban area; (c) The use, if permitted, under all the circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood as it is a temporary use; (d) The use will be contrary to the specific intent clauses or performance standards established for the District in which it is to be located as it is properly landscaped and screened and the use is consistent with the intent of the District as a temporary use. BE IT FURTHER RESOLVED that the Zoning Administrator does hereby conditionally approve said application as shown by materials labelled Exhibit "A" on file with the Alameda County Planning Department. Said Conditional Use Permit shall expire June 23, 1983, and shall remain revocable for cause in accordance with Section 8-90.3 of the Alameda County Zoning Ordinance. RICHARD P. FLYNN - ZONING ADMINISTRATOR ALAMEDA COUNTY PLANNING DEPARTMENT . 0 PRE-HEARING ANALYSIS, MAY 19, 1982 SCOTSMAN'S MOBILE LEASE, CO., INC. CONDITIONAL USE PERMIT, DC-14 Application for a CONDITIONAL USE PERMIT to allow continued storage of mobile offices in an "M-1" (Light Industrial) District, located at 6803 Sierra Court, east side, 1850' north of the intersection with Dublin Blvd., Dublin, Assessor's No. 941-205-27. PERTINENT FACTS: History: January 11, 1979, Conditional Use Permit C-3324 and C-3325 initially authorized outdoor storage and maintenance of mobile offices and use of a temporary office trailer subject to approval of a landscaping plan, expiration of the temporary office trailer in one year and expiration of the outdoor storage use in three years.. . February 11, 1981, Conditional Use Permit C-3946 permitted continued storage and maintenance of mobile offices and a temporary use of a mobile office, expiration in one year. Size of Parcel: Approximately 1.1 acres. Physical Features: Level rectangular property.' The front 40' of depth is landscaped. • The remainder of the property fenced with chain link fence with redwood slats. Behind a gate entering the center of the property is a paved parking area providing five parking spaces in front of the existing mobile office on a permanent foundation. The remainder of the property contains stock of mobile offices. Adjacent Area: Bank of America corporate headquarters adjacent southerly. Generally in the area, good quality light industrial development. Environmental Impact: Categorically exempt, class 5d. PLANNING CONSIDERATIONS: • Inspection of the property showed that landscaping and fencing materials have been adequately maintained. Since the prior application, the formerly temporary mobile office has been placed on a permanent foundation, removing the requirement for the conditional use permit. • A finding of public need was made on the original application, based upon a list of clients and the need for temporary offices to support young businesses. The outdoor storage use continues to be somewhat out of character with the area and should be limited as a temporary use. FINDINGS REQUIRED: '' 1. Is the use required by the public need? Yes. The use is required by the public need as evidenced by past successful operation • and the need for temporary facilities by young businesses. 2. Will the use be properly related to other land uses and transportation and service facilities in the vicinity? Yes. The use is a bonafide industrial use in support of other young industrial uses in the area and access and all services are available in the urban area. 3. Will the use, if permitted, under all the circumstances and conditions of this particular case, materially affect adversely the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to . property or improvements in the neighborhood? No, not detrimental as a temporary use. 1 1 �. CONDITIONAL USE PERMIT, DC-14 PAGE 2 FINDINGS REQUIRED (CONTINUED): 4. Will the use be contrary to the specific intent clauses or performance standards established for the District in which it is to be located? Properly landscaped and screened as it is, the use is consistent with the intent of the District as a temporary use. PRE-HEARING RECOMMENDATION: Approval subject to the requirement of solid fencing surrounding the outdoor storage and expiration in three years. • • • J _