HomeMy WebLinkAbout8.1 PA85-019 Arlen Ness Enterprises CUP & SDR
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: Januarv 24. 2006
SUBJECT:
ATTACHMENTS: I.
RECOMMENDATION: I.
2.
3.
4.
PROJECT DESCRIPTION:
PUBLIC HEARING: PA 05-019 Conditional Use Permit and Site
Development Review for Arlen Ness Enterprises - to operate an
AutomobileNehicle Sales establishment with outdoor vehicle display at 6050
Dublin Boulevard.
Report prepared by: Linda Ajello, Associate Planner
~
2.
Resolution approving a Conditional Use Permit for an
AutomobileNehic1e Sales establishment and Site Development
Review for the outdoor display of motorcycles at 6050 Dublin
Boulevard.
City Council action - PA 95-035, October 24,1995
a) Agenda Statement (without attachments)
b) Meeting Minutes
Appealable Action Letter - PA 97-030, November 29, 1997
Applicant's Written Statement
Project Plans
Vicinity Map
3.
4.
5.
6.
Receive Staff presentation and open public hearing.
Take testimony from the Applicant and the public.
Close public hearing and deliberate.
Adopt Resolution (Attachment 1) approving Conditional Use Permit
for an AutomobileNehicle Sales establishment and Site
Development Review for the outdoor display of motorcycles at 6050
Dublin Boulevard.
The Applicant, Jon Gold of Arlen Ness Enterprises, is requesting approval of a Conditional Use Permit to
operate an automotive/motorcycle sales establishment and Site Development Review to allow for the
permanent outdoor display of 8 motorcycles on the site at 6050 Dublin Boulevard.
BACKGROUND:
On August 22,1995, the Dublin City Council initiated a General Plan Amendment Study for PA 95-035,
Arlen Ness Enterprises. On September 6, 1995, Arlen Ness Enterprises submitted an application for a
General Plan Amendment, Conditional Use Permit and Site Development Review to allow a 44,016
COPIES TO: Owner/Applicant
In-House Distribution
File
ITEM NO.~
G:\PA#\2005\05-019 Arlen Ness Sales CUP and outdoor display\Revised PC Staff Report.doc
Page I of6
Boulevard. On October 24, 1995, the Dublin City Council approved a General Plan Amendment (P A 95-
035) which changed the zoning on the site from Business Park/Industrial: Outdoor Storage to
Retail/Office and Automotive. The City Council also approved the Conditional Use Permit to allow an
indoor retail use of 4,666 square feet of the proposed 44,016 square foot facility, as well as the Site
Development Review (Attachment 2).
On November 29, 1997, the Community Development Director approved a Site Development Review
(PA 97-030) for the property, which expanded the facility from a 44,016 square foot to a 68,392 square
foot facility. At the time, the Community Development Director found that the 64 required parking
spaces met the requirements of the City's Zoning Ordinance (Section 8-63.19) - (Attachment 3).
Arlen Ness Enterprises, Inc. is a multi-faceted business that has been in existence for nearly 40 years.
Arlen Ness Enterprises, Inc. sells new motorcycles built by American Ironhorse, Big Dog, Victory and
has begun sales of production' motorcycles built by Ness Motorcycles, LLC that will be assembled in
Dublin, California. Arlen Ness also creates, manufactures and distributes a complete line of motorcycle
parts and accessories through catalogue sales. The site is headquarters for Arlen Ness Enterprises and the
operation's current business hours are 9 a.m. to 7 p.m. Monday through Friday, 9 a.m. to 6 p.m. on
Saturday and 10 a.m. to 5 p.m. on Sunday.
CONDITIONAL USE PERMIT:
The Conditional Use Permit process allows the City to look at each individual project that is proposed in
context of the location and the proposed use. Further, a Conditional Use Permit allows the Planning
Commission to place conditions of approval to ensure that the operation of the proposed use does not
become a nuisance or harm to adjacent land uses or City resources.
In 1995, the City Council approved a Conditional Use Permit to allow for a small-scale, indoor retail use
of approximately 4,666 square feet at the Arlen Ness facility, which was originally planned for 44,106
square feet; however, this permit did not allow for automobile/vehicle sales and service related uses. The
Applicant was not aware that the existing Conditional Use Permit did not allow for the sale of
motorcycles when they opened their business, and the Applicant is requesting that the sale of motorcycles
be added to the conditionally permitted uses.
Chapter 8.12.050 of the Dublin Zoning Ordinance states that Automobile Sales and Service
establishments are permitted in the M-l Zone pursuant to Planning Commission approval of a Conditional
Use Permit. The Off-Street Parking and Loading Regulations (Chapter 8.76 of the Zoning Ordinance)
sets forth the minimum parking requirements for all use types. These minimum parking requirements
must be met in order for a use type to be adequately served with off-street parking. The Applicant's
request to allow 2,104 square feet of automobile/vehicle sales within the 6,018 square feet of showroom
and display area approved by Site Development Review (PA 97-030) requires that 2 additional parking
spaces be made available, as the Parking Code requires one space per 1,000 square feet of indoor/outdoor
display area.
The Applicant's property has 64 parking spaces on site, and there are an additional 8 spaces on the third
floor of the building that are accessed by a vehicle ramp on the south side of the property. The Applicant
is proposing to make the 8 spaces on the third floor available for employee parking, thus freeing up more
customer parking on site.
Page 2 of 5
SITE DEVELOPMENT REVIEW:
The intent of the City's Site Development Review process is to promote the orderly, attractive and
harmonious site and structural development, and ensure compatibility with surrounding properties and
neighborhoods. The Site Development Review process is also intended to ensure compliance with
development regulations and the requirements of the Zoning District and to resolve major project-related
issues such as building location, architectural and landscape design, circulation and parking, and traffic
impacts. Pursuant to Section 8.104.030 (D) of the Zoning Ordinance, Site Development Review is
required for any modification to site layout or improvements in M-l Zoning District, including but not
limited to, parking, fencing, circulation, landscaping, accessory structures, or trash enclosures.
Site Plan
The site is irregular in shape and is currently developed with a 2-story, 68,392 square foot building on the
2.l2-acre site. The main entrance to the building is from Dublin Boulevard Gust east of Scarlett Drive).
The Applicant is requesting Site Development Review for the outdoor display of motorcycles during
normal business hours. The Applicant is requesting the placement of 8 motorcycles in three separate
areas of the building's Dublin Boulevard frontage (Attachment 5). The 5 motorcycles on display in the
landscaped areas are proposed to be set on precast pavers (note plans) and the 3 motorcycles proposed
near the front windows and main entrance would be located on the existing concrete. The locations of the
proposed motorcycle displays would not impede pedestrian and/or disabled accessibility and would not
utilize any of the existing parking spaces on site.
ANALYSIS:
The proposed automobile/vehicle sales facility would be conducted entirely within the existing building.
The previous Site Development approval allowed for 6,018 square feet of retail space and the proposed
sales floor area for motorcycles is approximately 2,104 square feet. Staff believes that the existing 64
parking spaces on site combined with the additional 8 parking spaces proposed on the facility's third floor
are sufficient to meet both employee and guest parking needs.
The Applicant requests the ability to display up to 8 motorcycles for sale, which would require no exterior
alterations to the building. Currently, there is no designated outdoor vehicle display area. The Applicant
has stated that the outdoor motorcycle display area would be in the landscaped areas and the displays
would not use any of the parking spaces on the property. The display areas would only have minor
impacts on the landscaping already provided, and Police Services Staff has imposed security conditions
on the project
Conditional Use Permit Findings:
Pursuant to the requirements of a Conditional Use Permit, Chapter 8.100, the finding that the proposed
use is compatible with other land uses, transportation and service facilities in the vicinity and the finding
that the site is physically suitable for the type, density, and intensity of use must be made in the
affirmative.
Staff finds that the proposed use is compatible with adjacent land uses, as there is an Automobile/V ehicle
sales facility directly across Scarlett Drive (Kassabian Motors) and south of the subject site (Dublin
Page 3 of5
Nissan's vehicle storage and sales facility and Dublin Volkswagen). In addition, the current site design is
physically suitable for AutomobileNehicle sales.
ENVIRONMENTAL REVIEW:
This project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the
California Environmental Quality Act Guidelines. The project consists of minor modifications to an
existing building and is consistent with all General Plan and Zoning regulations and is currently served by
all required utilities and public services.
CONCLUSION:
This application has been reviewed by the applicable City departments and agencies, and their comments
have been incorporated into the Conditions of Approval for the project. It is intended that the proposed
Conditions of Approval for this project will ensure that the business is operated within the intent and
guidelines of the Dublin Zoning Ordinance and does not have negative impacts on surrounding property
owners and tenants.
RECOMMENDATION:
Staffrecommends that the Planning Commission, I) Hear Staff presentation and open public hearing; 2)
Take testimony from the Applicant and the public; 3) Close public hearing and deliberate; and 4) Adopt
Resolution (Attachment 1) approving a Conditional Use Permit for an AutomobileNehicle Sales
establishment and a Site Development Review for the outdoor display of vehicles at 6050 Dublin
Boulevard.
Page 4 of5
GENERAL INFORMATION
APPLICANT:
PROPERTY OWNER:
LOCATION:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
ENVIRONMENTAL REVIEW:
Jon Gold, Arlen Ness Enterprises, 6050 Dublin Boulevard, Dublin,
CA 94568
Ness Family Partnership, LP, 1800 Las Trampas, Alamo, CA 94507
6050 Dublin Boulevard (APN 941-0550-019-10)
Retail/Office/Automotive
Zoning: M-l (Light Industrial)
Existing Land Use: Retail/Office/Automotive
This project has been found to be Categorically Exempt from CEQA
under Section 15301, Class I of the California Environmental
Quality Act Guidelines. The project consists of minor modifications
to an existing building and is consistent with all General Plan and
Zoning regulations and is currently served by all required utilities
and public services.
Page 5 of5
RESOLUTION NO. 06-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR AUTOMOTIVEIMOTORCYCLE SALES AND
SITE DEVELOPMENT REVIEW FOR THE PERMANENT OUTDOOR DISPLAY OF MOTORCYCLES
AT AN EXISITING RETAIL STORE AT 6050 DUBLIN BOULEVARD (ALEN NESS ENTERPRISES,
INC.) (APN 94-0550-019-10)
PA 05-019
WHEREAS, Jon Gold, on behalf of Arlen Ness Enterprises, is requesting the approval of a Conditional
Use Permit to allow for the outdoor display and sales of motorcycles at 6050 Dublin Boulevard; 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 on November 21, and December 8,
2005; and
WHEREAS, the application has been reviewed in accordance with the proviSIOns of the California
Environmental Quality Act (CEQA) and was found to be Categorically Exempt under CEQA Guidelines Section
15301, Existing Facilities, as the use occurs within an existing facility involving no expansion of an existing use; and
WHEREAS, a Staff Report was submitted recommending that the application for a Conditional Use Permit
be conditionally approved; and
WHEREAS, the Planning Commission held a public hearing on said application on January 24, 2006; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and use their independent judgment and considered all
said reports, recommendations, and testimony herein above set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby
find that:
A. The proposed use, as conditioned, is compatible with other land uses, transportation and service facilities in
the vicinity, as the area is zoned for general commercial uses, including automobile/vehicle sales, service
and retail.
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, as all motorcycle sales,
and service activities will be conducted within the enclosed building and no motorcycles on display will be
left outside overnight.
C. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood,
as motorcycles will be kept on the applicant's property.
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, as the conversion of a portion of the existing retail space into a display and sales area does not
require additional public services.
ATTACHMENT I
CITY CLERK
File # Dl3?l~[Q]-Ial~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 24,1995
Public Hearing: PA 95-035 Arlen Ness General Plan Amendment,
Conditional Use Permit and Site Development Review
~ Report Prepared by: Dennis Carrington, Senior Planner
SUBJECT:
EXHIBITS ATTACHED: Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
RECOMMENDATION: I)
+r~i1{
I 4)
5)
FINANCIAL STATEMENT:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Project Plans
Draft Resolution approving the Negative Declaration
Draft Resolution approving the General Plan Amendment
Draft Resolution approving the Conditional Use Permit
Draft Resolution approving the Site Development Review
Applicant's Written Statement
General Plan Land Use Map
Traffic Generation and Impact Analysis for Arlen Ness
proj ect
Site Development Review Standard Conditions
City of Dublin Non-Residential Security Requirements
Typical Public Works Conditions of Approval for
CommerciallIndustrial Site Development Review or
Conditional Use Permit Development
Standard Plant Material, Irrigation System and Maintenance
Agreement
Typical Parking Striping Detail
Planning Commission Resolutions recommending approval of
the Negative Declaration, General Plan Amendment,' 0'
Conditional Use Permit and Site Development Review
Open public hearing and hear Staff presentation
Take testimony from the Applicant and public
Question Staff, Applicant and public
Close public hearing and deliberate
Adopt Draft Resolutions approving P A 95-035 Arlen Ness
Enterprises Negative Declaration of Environmental Impact, General
Plan Amendment, Conditional Use Permit and Site Development
Review, or give Staff and the Applicant direction and continue the
matter.
No significant Cost Impact
-------------------------------------------------------------------------------------------------------------
,)fEie;vNt/'V v'-L
Copies To:
Arlen Ness
PA File
Senior Planner
ATTACHM~~T 2TEM NO. M
.
DESCRIPTION:
BACKGROUND
On August 22, 1995, the City Council initiated a General Plan Amendment Study for PA 95-035,
Arlen Ness Enterprises. On September 6, 1995, Arlen Ness submitted an application for a General Plan
Amendment, Conditional Use Permit and Site Development Review to allow a 44,016 square foot
Motorcycle Parts mail-order and retail business on a 2.12 acre parcel located at 6050 Dublin Boulevard.
On October 17, 1995, the Planning Commission, by a 5-0 vote, adopted resolutions recommending
that the City Council approve the Negative Declaration, General Plan Amendment, Conditional Use Permit
and Site Development Review for PA 95-035, Arlen Ness Enterprises.
The subject property is located along the south side of Dublin Boulevard, east of Scarlett Drive and
west of the Southern Pacific right-of-way and the BART property (APN 941-550-19-10), The General
Plan land use designation of the property is Business ParklIndustrial: Outdoor Storage. It is presently
zoned M-l, Light Industrial. Property to the north was designated Retail Office and Automotive and
rezoned to PD, Planned Development, on January 10, 1994. Property to the west and south of the subject
property is designated Business ParklIndustrial: Outdoor Storage on the General Plan and is zoned M-l,
Light Industrial. The land lying to the east of the project but on the west side of the railroad right-of-way
is designated Business ParklIndustrial: Outdoor Storage on the General Plan and is zoned M-l, Light
Industrial. The land lying to the east of the railroad right-of-way is designated Public Lands on the General
Plan and is zoned, A, Agricultural.
ENVIRONMENTAL ANALYSIS
A Negative Declaration has been prepared pursuant to the California Environmental Quality Act
(CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines, The project, as
proposed, will not have a significant effect on the environment.
PROJECT ANALYSIS:
GENERAL PLAN AMENDMENT
Arlen Ness Enterprises is requesting that the City approve a General Plan Amendment from
"Business ParklIndustrial: Outdoor Storage" to "RetaiVOffice and Automotive". The RetaiVOffice and
Automotive designation would permit a retail facility in a building where it is currently prohibited and
would allow buildings to have a Floor to Area Ratio (FAR) of up to .50, thus allowing the Applicant's
building to have a FAR of .47.
The FAR is the ratio of the square footage ofa building to the gross square footage of the lot on
which it is located. The purpose of the FAR is to limit coverage oflots to encourage landscaping, open
space, the movement of air and to provide access to light. Retail sites tend to allow greater coverage of
the lot to maximize the use of sites for building coverage and sales. Manufacturing sites tend to allow less
coverage of sites to provide for parking, outdoor storage, and greater separation of buildings in an area to
prevent noise and visual impacts.
The proposed motorcycle parts distributor would be compatible with RetaiVOffice and Automotive
uses permitted to the north, with automobile sale uses permitted to the south, the BART station to the east
and with vacant properties designated Business ParklIndustrial: Outdoor Storage to the west. The use
would be enclosed in a new butler-type building which would be attractively designed (see Sheet 6 of
2
Exhibit A). The proposed use w 'd generate relatively little traffic becal ' only 4,666 square feet ofthe
bl':itlng (II %) would be used for retail use, The balance of the building would be used for administration
and storage.
Staff does not feel that the existing Business ParklIndustriiU: Outdoor Storage designation is
appropriate for this area because the extension of Dublin Boulevard has greatly improved access and
visibility for the subject property allowing the intensification of uses. This General Plan Amendment could
provide the impetus for the transition of an area characterized by some marginal and ill-maintained
industrial uses to retail/office and automotive uses which would be better suited to the area.
Staff recommends that the City Council adopt the Draft Resolution approving the General Plan
Amendment (Exhibit C) from "Business ParklIndustrial: Outdoor Storage" to "Retai1l0ffice and
Automotive". The proposed land use designation would be consistent with existing uses in the area, would
be appropriate for the entryway to Eastern Dublin, and would permit a land use which would be a valuable
addition to the City of Dublin.
CONDITIONAL USE PERMIT
The Applicant is proposing a Conditional Use, pursuant to Zoning Ordinance Section 8-51.3
(A)(lO), to allow an indoor retail use for 4,666 square feet of the proposed 44,016 square foot motorcycle
parts distribution facility. Section 8-51.3 (A)(10) allows "Other uses which are found by the Planning
Commission (or City Council) as may meet the intent of the M-l district and the requirements of Section
8-51.8 PERFORMANCE STANDARDS: M-I DISTRICTS". The proposed use would meet the intent of
the M-l District because it would encourage the development of a light industrial/warehousing use with a
related but small-scale retail component, and would have no impacts in violation of Section 8-51.8.
Staff recommends that the City Council adopt a Draft Resolution (Exhibit D) approving a
Conditional Use Permit to allow an indoor retail use in the M-l, Light Industrial District. The proposed
retail facility would meet the intent ofthe M-l District and would be consistent with existing uses in the
area,
SITE DEVELOPMENT REVIEW
ARcmTECTURE
The retail portion of the use will be located at the front of the building facing Dublin Boulevard. It
will be attractively designed with store front windows, cement plaster siding and fascia, and half-round
cement plaster columns.
The manufacturing and storage operation is the primary use of this project. The manufacturing and
storage portions will be located generally behind the retail entrance. The manufacturing and storage
building will have vertical metal siding with metal roofing that is suitable for the use. The existing building
will be renovated with new vertical metal siding to match the new building.
The various building elevations are shown on Sheet 6 of Exhibit A.
SETBACKS
The proposed 44,016 square foot facility complies with setback requirements. A side yard setback
of 10 feet is required from Scarlett Drive and a front yard setback of20 feet is required from Dublin
3
Boulevard. As shown on Exhiv A, the new portion of the building is' posed to be located 10 feet fro~
Sc;u-lett Drive and approximatt.'J 83 feet from Dublin Boulevard.
BUILDING HEIGHTS
The proposed building would be 24 feet 6 inches high at its highest point and would be consistent
with the maximum allowable height of 45 feet in the M-l District.
SIGNAGE
Wall Signs
The Sign Ordinance allows wall signs with a size equivalent to one square foot per lineal foot of
tenant frontage, with a maximum of 150 square feet unless exceeded by means of a Master Sign Program.
The proposed signs are consistent with the Sign Ordinance as shown in the following chart:
SIDE OF BUILDING
LENGTH OF TENANT FRONTAGE
SIGN SIZE
North
150 feet
140 sq. ft.
West
142 feet
30 sq. ft.
South
126
85 sq. ft.
Freestanding Sign
The Applicant is propasing an 8 foot tall freestanding sign with 34 square feet of area located 8 feet
from the property line. The proposed sign is consistent with the Sign Ordinance which allows a
freestanding sign 12.5 tall, with a sign area of35 square feet per side in this location.
LANDSCAPING
A final detailed Landscape and Irrigation Plan is required which would be generally consistent with
the landscape plan shown on Sheet 7 of Exhibit A. The landscaping on that plan must not obstruct sight
distance of motorists, pedestrians or bicyclists. Landscaping at drive aisle intersections must not be taller
than thirty inches. The final Landscape and Irrigation Plan must be in conformity with the City's Water
Efficient Landscaping Ordinance. Conditions requiring the above are incorporated into the Draft
Resolution approving the Site Development Review (Exhibit E).
PARKING
This project is consistent with the parking regulations of the Zoning Ordinance. A total of 67
parking spaces and two loading spaces are proposed by the Applicant. The Zoning Ordinance requires 66
parking spaces and two loading spaces. A revised striping plan is required as a Condition of Approval.
REMEDIATION OF GASOLINE STORAGE IMPACTS
The prior owner of the site stored gasoline in an underground tank which leaked. Without
remediation of the leakage, this site could not be used. Discussions by Staffwith the Alameda County
Department of Environmental Health, and a report by Levine-Fricke dated July 18, 1995, indicate that tbe
gasoline storage impacts to the site are in the process of remediation. All that remains to be done is the
4
turning and aeration of the soil r the monitoring of a test well. A Con )ll of Approval has been
iIi~~ilded in the Draft Resolution wnich requires that, prior to issuance of a ouilding permit, the soil be
turned and aerated to the County's satisfaction, and then re-compacted and graded.
TRAFFIC IMPACTS
A Traffic Generation and Impact Analysis prepared by TJKM for this project indicates that it would
generate a total of350 daily trips. The pro-rata share of the proposed project traffic increase was
calculated for the Dublin Boulevard widening between Donlan Way and Village Parkway, Village Parkway
reconstruction and new traffic signals, a new road paralleling Dublin Boulevard to serve the planned West
Dublin BART station, Dublin Boulevard widening between Dougherty Road and Tassajara Road,
Dougherty Road widening and the future Scarlett Drive. The total cost for these improvements is
$23,215,000. The total cost share of this project is $54,291. Land being dedicated by the Applicant for
this project has a total value of $257,280, therefore, no Traffic Impact Fee will be required.
Staff recommends that the City Council adopt a Draft Resolution (Exhibit E) approving a Site
Development Review to allow a two story 44,016 square foot building with 67 parking spaces.
/C2agstmt
5
r--
,~
Cm. Barnes asked if we should contact Kildara about opening up some spots. Can we
talk to them? It would be nice to know how many spaces they have and how many units
are in Kildara.
An unidentified member of the audience said Kildara has several visitor spots, but if
residents park there, they are towed.
u+,
PUBLIC HEARING - ARLEN NESS ENTERPRISES GENERAL PLAN AMENDMENT,
CONDITIONAL USE PERMIT. AND SITE DEVELOPMENT REVIEW PA 95-035
8:34 p.m. 6.3 (420-30)
Mayor Houston opened the public hearing.
Senior Planner Carrington presented the Staff Report and advised that this request is to
amend the General Plan to allow indoor retail sales of motorcycle parts and to allow
greater lot coverage, a Conditional Use Permit to allow retail sales in the M-l zone; and a
Site Development Review to allow a 44,016 square foot building with 67 parking spaces.
Mr. Carrington stated a Negative Declaration has been prepared pursuant to the
California Environmental Quality Act, State CEQA Guidelines and the City of Dublin
Environmental Guidelines. The project, as proposed, will not have a significant effect on
the environment.
Mr. Carrington stated Staff recommended that the City Council adopt the draft Resolution
approving the GPA from "Business Park/Industrial: Outdoor Storage" to "Retail/Office
and Automotive" as the proposed land use designation would be consistent with existing
uses in the area, would be appropriate for the entryway to Eastern Dublin, and would
permit a land use which would be a valuable addition to the City of Dublin.
Mr. Carrington stated Staff recommended that the City Council adopt the draft Resolution
approving a CUP to allow an indoor retail use in the M-l, Light Industrial District as the
proposed retail facility would meet the intent of the M-l District and would be consistent
with existing uses in the area.
Mr. Carrington discussed the Site Development Review portion of the Staff Report, which
addressed the architecture, setbacks, building heights, signage, landscaping, parking,
remediation of gasoline storage impacts and traffic impacts.
Mr. Carrington, in summary, stated Staff recommended that the City Council adopt the
draft Resolution approving a SDR to allow a two-story 44,016 square foot building with
67 parking spaces.
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CITY COUNCIL MINUTES
VOLUME 14
REGULAR MEETING
October 24, 1995
PAGE 500
,.-,
,~
Cm. Burton stated in looking at the building, since it is at one of our first corners, asked if
we have a way of giving it some elevation since it is very fiat. Is there a simple way to
dress it up a little?
A representative for the Applicant stated it has been a marathon for the last 2 months
getting through the SDR process, They are very anxious to get the project up and
running. He showed Mr. Ness' catalog to the City Council illustrating what they will be
selling from this facility. He felt the Applicant would consider changing the elevation in
the front entryway. They could increase the height a few feet and felt they would be
receptive to this change. It is currently a typical 24' two story building. They also are
interested in aesthetics. From this stage they will go into the construction document
stage.
Cm. Barnes asked if the colors were set. She asked how big the sign letters were. She felt
what the City Council would hear about is that gray is a color that people are not too
happy with. Gray looks like concrete. She questioned the size of the logo on the
building.
The Applicant's representative said the logo needs to look proportionate to the building.
Mayor Houston felt the City Council should decide what colors they want.
Cm. Barnes stated she was not interested in reinventing the whole thing. She is not an
architect and a designet'. She just knew the comments they would get if it is gray.
The Applicant indicated they have some latitude with the colors on the building. The
plaster they can do any color, but the color pallet they pick from is a standard selection.
The two different grays are a contrast and if this is not appropriate they have to get into
custom colors.
Mayor Houston requested that they do what they can to break up the stark cement look.
Cm. Moffatt commented that the back of the building has pretty straight lines and asked
if there had been any thought to graffiti prevention.
The response was yes, they will utilize a graffiti coating and they've agreed to accept a
condition to keep the building clear of graffiti and other debris. There will be security
lighting and parking lighting and a fence along the south side and along the railroad
tracks.
Cm. Moffatt asked about placing landscaping close to the building as landscaping can
inhibit graffiti.
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CITY COUNCIL MINUTES
VOLUME 14
REGULAR MEETING
October 24, 1995
PAGE 501
~
.----.,
The Applicant stated there was a landscape plan in the package.
Mayor Houston asked what is adjacent to the property going south.
Mr. Carrington replied that there are two vacant lots going south and to the west there is
also a vacant lot.
Mayor Houston felt the graffiti issue is very important because they could be there by
themselves for quite a while,
Mayor Houston closed the public hearing.
Cm. Barnes asked what a year is for CPA purposes.
Mr. Carrington clarified that it is a calendar year and we have two CPA requests so far
this year.
Cm. Burton commented he would move for approval with the exception that some
pizzazz be given to the front and that Staff should work with the Applicant to get some
compatible colors that are not gray.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the Council
adopted
RESOLUTION NO. 125 - 95
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
FOR PA 95-035 ARLEN NESS ENTERPRISES
GENERAL PLAN AMENDMENT, CONDITIONAL USE PERMIT AND
SITE DEVELOPMENT REVIEW AT 6050 DUBLIN BOULEVARD
and
RESOLUTION NO. 126 - 95
ADOPTING PA 95-035 ARLEN NESS ENTERPRISES
GENERAL PLAN AMENDMENT
and
RESOLUTION NO. 127 - 95
APPROVING PA 95-035 ARLEN NESS CONDITIONAL USE PERMIT
AT 6050 DUBLIN BOULEVARD
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CITY COUNCIL MINUTES
VOLUME 14
REGULAR MEETING
October 24, 1995
PAGE 502
E. The subject site is physically suitable for the type, density and intensity of the use being proposed, as the
existing use of the tenant space specializes in retail sales of motorcycle parts and accessories.
F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development
regulations, or performance standards established for the zoning district in which it is located, as the
Zoning Ordinance allows automobile sales and service in the Light Industrial Zoning District as a
conditional use and conditions of approval have been applied to the project to ensure on-going
compatibility with surrounding land uses.
G. The proposed use, as conditioned, is consistent with the Dublin General Plan, which designates the area as
Retail/Office and Automotive.
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 subiect to Planning Department review and approval. The following codes
represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rPLl
Planning. [81 Building, rPOl Police. fPWl Public Works, fADMl Administration/Citv Attomev, fFINl Finance. fFl
Alameda County Fire Department fDSRSDl Dublin San Ramon Services District, fCOl Alameda County
Department of Environmental Health.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
GENERAL - CONDITIONAL USE PERMIT
1. Approval. This Conditional Use Permit approval for PA 05- PL On-going Planning
019 allows motorcycle sales within approximately 2,104
square feet of the existing building and Site Development
Review for the outdoor display of up to 8 motorcycles in three
separate areas of the building's frontage located at 7108
Dublin Boulevard and further identified as APN 941-0550-
019-10.
2. Permit Expiration. Approved use shall commence within PL On-going DMC
one (I) year of CUP approval, or the CUP shall lapse and 8.96.020.D
become null and void. Commencement of use means the
actual 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 CUP expires, a
new application must be made and processed according to the
requirements of the Dublin Zoning Ordinance.
3. Continued Use. This Conditional Use Permit approval shall PL On-going Planning
become null and void in the event the approved uses cease to
operate for a one-vear period.
4. Time Extension. The original approving decision-maker may, PL On-going DMC
upon the Applicant's written request for an extension of 8.96.020.E
approval prior to expiration, and upon the determination that
any Conditions of Approval remain adequate to assure that
applicable findings of approval will continue to be met, grant a
time extension of approval for a period not to exceed six (6)
months. All time extension requests shall be noticed and a
public hearing or public meeting shall be held as required by
2
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
the particular permit.
5. Annual Review. On an annual basis, this Conditional Use PL,PO On-going Planning
Permit approval may be subject to a review by the Planning
Manager to determine compliance with the Conditions of
Approval.
6. Revocation. This permit shall be revocable for cause In PL On-going DMC
accordance with Dublin Zoning Ordinance Section 8.96.020.!, 8.96.020.!
Revocation. Any violation of the terms of the terms and
conditions of this permit may be subject to the issuance of a
citation.
7. Modifications. Modifications or changes to this Conditional PL On-going DMC
Use Permit approval may be considered by the Community 8.104.100
Development Director if the modifications or changes
proposed comply with Section 8.104.100 of the Zoning
Ordinance.
PROJECT SPECIFIC - CONDITIONAL USE PERMIT
8. Use Type Conducted Entirely Within the Building. At no PL Display DMC
time shall any merchandise, except the approved outdoor 8.24.020.D/
motorcycle displays, be displayed outside of the building DMC
without prior review and approval of a Temporary Use Permit. 8.108.020.!
9. Service. No service work or repairs shall be conducted PL On-going Planning
outdoors.
10. Outdoor Display. No motorcycles on display shall be left PL On-going Planning
outdoors overnight.
II. Price/Sale Tags. No price tags or sales tags larger than 10 PL On-going Planning
inches tall and 3.5 inches wide shall be allowed on
motorcycles displayed outdoors.
12. Window Sign age. Signs, advertisements, and other displays PL On-going DMC
shall not cover or obscure more than 25% of window area. 8.84.050.W
13. Temporary Promotional Signage. Prior to the display of any PL Display DMC
temporary signs, including banners, a Temporary Promotional 8.84.050.T
Sign Permit must be applied for and approved.
14. Sign Permits. Permits must be applied for and obtained in PL,B Installation DMC
reference to any relocation or addition of business 8.84.110
identification signs.
IS. Employee Parking. The 8 approved indoor parking spaces PL On-going Planning
shall be made available for employee parking at all times
during regular business hours.
BUILDING DIVISION
16. Building Codes and Ordinances. All project construction B Through Building
shall conform to all building codes and ordinances in effect at completion
the time of building permit.
17. Building Permits. To apply for building permits, the B Issuance of Building
Applicant shall submit five (5) sets of construction plans to Building
the Building Division for plan check. Each set of plans shall Permits
have attached an annotated copy of these Conditions of
Approval. The notations shall clearly indicate how all
Conditions of Approval will or have been complied with.
Construction plans will not be accepted without the annotated
resolutions attached to each set of plans. The
3
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
applicant/developer will be responsible for obtaining the
approvals of all participation non-City agencies prior to the
issuance of building permits.
18. Construction Drawings. Construction plans shall be fully B Issuance of Building
dimensioned (including building elevations) accurately drawn Building
(depicting all existing and proposed conditions on site), and Permits
prepared and signed by a California licensed Architect or
Engineer. All structural calculations shall be prepared and
signed by a California licensed Architect or Engineer. The site
plan, landscape plan and details shall be consistent with each
other.
19. Handicapped Accessibility. Disabled access to the store B On-going Building
front: A minimum width of forty-four (44) inches shall be
maintained from parking space ramps to front doors and a
minimum depth of sixty (60) inches clear space at doors.
FIRE PREVENTION DIVISION
20. Change of Use. The occupancy for a vehicle showroom is F Establishment Fire
"B." Submit plans to the Building Department for the change of the use
of use.
21. Hazardous Materials. Plans shall be submitted through the F Issuance of Fire
building permit process for any building construction or Building
changes in the quantities of hazardous materials used or stored Permits or
on the site. The plans shall be approved and submitted prior to prior to any
the start of the work. storage of
hazardous
materials on-
site
22. Fire Codes. The project shall comply with Uniform Building F On-going Fire
and Fire Codes as adopted bv the City of Dublin.
POLICE DEPARTMENT
23. Security. The developer shall comply with all applicable City PD On-going Police
of Dublin Non Residential Security Ordinance Requirements
and the Dublin Uniform Building and Security Codes.
Requirements may include, but are not limited to the following
conditions of approval:
. Securing the displayed vehicles to prevent theft and
tampering
. If the outside display of the motorcycles is to occur
during darkness, a lighting plan shall be submitted for
approval.
. Landscaping shall be kept at a minimal height and
fullness so that patrol officers and the general public
have the ability to surveil the area and identify risks.
. Video Surveillance Cameras with record capability
directed at all three display sites, and additionally
including the exterior door entry display area.
4
PASSED, APPROVED AND ADOPTED this 24th day of January, 2006.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Acting Planning Manager
G:\P A#\20D5\05.019 Arlen Ness Sales CUP and outdoor display\Reviscd PC Resolution.doc
5
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!W~:~~\1 CITY OF DUBLIN
-~! - PO Box 2340. Duolrn. California 94568
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City Offices. 100 Civic Plaza. Duolin, California 94568
APPEALABLE ACTION LETTER
Date: December 1, 1997
CERTIFIED MAIL
Planning Application:
Project Description:
P A 97-030, Arlen Ness SDR
Site Development Review approval to construct a 68,392 square foot
motorcycle parts mail-order and retail business.
Project/Site Address:
6050 Dublin Boulevard
Assessor Parcel #:
941-550-19-10
Environmental Review:
The project has been reviewed in accordance with the provisions of the
California Environmental Quality Act (CEQA) and a Negative Declaration
has been prepared for this project as it will not have a significant effect on
the environment.
Applicant/
Property Owner:
Arlen Ness Enterprises, Inc.
16520 East 14th Street
San Leandro, CA 94578
Dear ApplicantslProperty Owner:
The above-referenced project was acted upon on November 29,1997, by the Community Development
Director and was approved, subject to the attached conditions. 1bis action becomes final and effective
at 5:00 p.m. on December 9,1997, unless appealed before that time in accordance with the Zoning
Ordinance and other applicable regulations.
When fmal, any such approval shall not be interpreted to be an approval to violate or omit any
provisions of the Zoning Ordinance or any other applicable codes. Prior to commencing the project, the
Applicant must apply with the Building and Public Works Departments and the Alameda County Fire
Department to obtain all necessary pennits. Please note, if your project involved a deposit, as soon as
all costs have been submitted to the Finance Department, you will either be sent a refund check or a
statement of additional costs. If you have any questions regarding this matter, please contact me.
~~e:lY~ll ~~~ ~
Dennis H. Carrington, A1CP 0
Senior Planner/Zoning Administrator
g:\pa97~030\sdraal.doc
ATTACHMENT 3
AdministratIon (510) 833-6650 . City Council (510) 833-5605 . Finance (510) 833-6640 .. Building Inspection (510) 833-6620
Code Enforcement (510) 833-6620 .. Engineering <510) 833-6630 .. Parks & Community Services (510) 633-6645
P A 97-030 Arlen Ness SDR
6050 Dublin Boulevard
APN: 941-550-019-010
FINDINGS OF APPROVAL:
A. The approval of this Site Development Review application is consistent with the intent and
purpose of Dublin Zoning Ordinance Section 8.104, SITE DEVELOPMENT REVIEW because
the proposed facility will promote orderly, attractive and harmonious site and structural
development compatible with site environmental constraints and because it is compatible with
the Retail/Office and Automotive and Business ParklIndustrial Low Coverage land uses.
B. The approval of this application, as conditioned, complies with the policies of the Retail/Office
and Automotive designation of the Dublin General Plan and with the M-l Zoning District. The
Retail/Office and Automotive designation of the Dublin General Plan requires a Floor Area Ratio
(FAR) of .50 and an employee density with a minimum of220 square feet per employee. The
project proposes a 68,392 square foot building on a 92,332 square foot property resulting in a
FAR of .74 and has 35 employees resulting in an employee density of2,631 square feet per
employee. The Director of Community Development has found that the Retail/Office and
Automotive designation of the Dublin General Plan encompasses the proposed retail and mail
order facility and that the employee density of2,63 1 square feet per employee is appropriate
given the storage function of the facility and the low number of employees. Further, the Director
has found that the proposed FARis consistent with the General Plan because the maximum
number of parking spaces, circulation areas, and the required landscaping and hardscape can be
easily accommodated on the remainder of the site, and because the proposed use is otherwise
consistent with similar characteristic of Retail/Office and Automotive uses such as auto
dealerships, auto body shops, and other similar uses. The project was determined to be
consistent with the M-l zoning district by the City Council as part ofPA 95-035.
C. The approval of the Site Development Review application, 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 general welfare because the construction of the building will comply
with all policies and ordinances of the City.
D. The proposed project, including site layout, structures, vehicular access, circulation and parking,
setbacks, height, walls, public safety and similar elements has been designed to provide a
desirable environment for the development.
E. The subject site is level and graded and therefore is physically suitable for the type and intensity
of the development.
F. The project will not impact any views as the site is level.
G. The proj ect will not have impacts to any existing slopes and topographic features as the site is
level.
R Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors,
screening of exterior appurtenances, exterior lighting, and similar elements have been
incorporated into the project and included as conditions of approval in order to ensure the
compatibility of this development with the other development's design concept or theme and the
character of adjacent buildings, neighborhoods, and uses.
1. Landscape considerations, including the locations, type, size, color, texture and coverage of plant
materials, provisions and similar elements have been considered to insure visual relief and an
attractive environment for the public.
~,
P A 9i-030 Arlen Ness SDR
6050 Dublin Boulevard
APN: 941-550-019-010
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 Department of Community
Development review and approval. The following codes represent tbose 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, [PR]
Parks & Recreation, [F) Alameda County Fire Department, [DSR] Dublin San Ramon Services
District, [CO] Alameda County.
GENERAL
1. Tbis Site Development Review approval for PA 97-030 is to allow the for the construction ofa
two story 68,392 square foot motorcycle parts mail-order and retail business at 6050 Dublin
Boulevard; in a M-1 Light Industrial District. Tbis approval shall generally conform to the plans
prepared by Herbert Samonsky Architects, dated received on August 29, 1997, consisting of 7
sheets stamped approved labeled Exhibit A, except as modified by conditions of this resolution.
[PL]
, 2. The Applicant shall comply with all applicable city of Dublin Site Development Review
Standard Conditions and the City of Dublin Non-Residential Security Requirements
(Attachments 1 and 2). [PL]
3. All signs shall be subject to the requirements of the Sign Regulations within the Zoning
Ordinance. [PL]
PUBLIC WORKS
ON & OFF-SITE PUBLIC IMPROVEMENTS
, II- ..4
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':PC :,p,/ ~f.
The Applicant shall dedicate and improve the widening of Dublin Blvd. and Scarlet Way in
accordance to City of Dublin Standard plans and specifications. The Dublin Blvd. cross section
from existing centerline to the eastbound face of curb shall be 51 feet and 59 feet from centerline
to the proposed right of way thus making a minimum dedication of 36.5 feet. Scarlett Way
dedication shall include a 3 foot wide area from existmg channel right of way ,26 feet curb to
curb, and a 6 foot sidewalk area thus making the total dedication a minimum of 3 5 feet. All
offsite improvements shall be reviewed, constructed and improved to the satisfaction of the
Director of Public Works. An encroachment permit from the City of Dublin is required prior to
the start of construction. [PW] I
--Z 0 D\( 1)NC-
The layout and design of the site curbs, sing, drive aisles and sidewalks shall be configured to
maximize traffic safety, circulation, venience and sight distance per City of Dublin Zoning
and Public Works Standards. A foot wide driveway to the proposed Scarlet Way will be
installed close to the southwest corner of the building to accommodate a truck turning movement
with a minimum turning radius of 42 feet. All site improvements shall be reviewed and
approved by the City of Dublin Public Works Director. A grading permit from the City of
Dublin is required prior to the start of construction. [PW]
3
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".
PA 97-030 Arlen Ness SDR
6050 Dublin Boule\'ard
APN: 94]-550-0]9-010
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r.- .y-,flz~ 6.
DlC-
7.
D I'-- 8.
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The project shall provide a 5' wide minimum direct access for pedestrians from the public right
of way per current ADA requirements. The Applicant shall conform with all current ADA
requirements and guidelines for new construction. [PW]
The Applicant shall conform with all City Standard Conditions of Approval for Commercial and
Industrial developments. [PW]
The Applicant shall install a minimum of 5' sidewalk along all public right of ways adjacent to
the site. [PW]
The inlet next to the trash enclosure must be an oil separator-type inlet. [PW]
Any wells to be destroyed shall be destroyed pursuant to the requirements of the County
Department of Environmental Health and City of Dublin Municipal Code Chapter 7.60, [PW]
DRAINAGE / GRADING
11. The Applicant shall obtain required permits from Alameda County Zone 7 and the California
Department ofFish and Game to discharge and construct a drainage outfall and improvements
within Chabot channel. [PW] 1.
12. The Applicant shall submit a grading, drainage and site improvement plans of all site
improvements by a state licensed Professional Civil Engineer and obtain a grading permit from
the City Public Works Department prior to the start of construction. All site improvement plans
shall be reviewed and approved by the Public Works Director. [PW]
13. Roof drains shall empty into an approved underground storm drainage system. Roofwater, or
other concentrated drainage shall not drain into adjacent properties, sidewalks or driveways. No
drainage shall flow across property lines without proper drainage easements from neighboring
property owners. [PW]
14. The Applicant shall comply with all National pollution Discharge Elimination System (NPDES)
regulations and requirements at all times during construction and after completion. [PW]
15. The proposed building finish floor shall be 1 foot minimum above the 100 year flood elevation
as determined by FEMA maps of the area. The applicant shall submit to the Director of Public
Works for review a storm drain analysis of the proposed site storm drain system showing all pipe
sizes, flows and water surface in all structures and pipes to the existing channel in accordance
with Alameda County Flood Control guidelines. [PW]
4
....
~.
PA 97-030 Arlen Ness SDR
6050 Dublin Boulevard
APN: 941-550-019-010
16. The applicant shall secure all utility services to the site, including but not limited to domestic
water, electricity, telephone, cable television, sewer and other required utility services as may be
necessary to provide for properly functioning utilities in accordance with the requirements and
specifications of the local agency having jurisdiction. [PW]
t;;./"itO 17. The Applicant shall dedicate a 10 foot wide pedestrian access easement and public service
easement along the Dublin Blvd. frontage. [PW]
LIGHTING
t{'6/1/()llS.
Parking lot streetlights shall be designed for 1 foot-candle of lighting. [PW]. Roof-mounted
e>>1erior lighting shall be provided around the entire perimeter of the building to provide "wash"
security lighting. The Applicant shall provide photometrics and cut sheets for the review and
approval of the Police Department and the Director of Community Development. [PL, PO]
FIRE PROTECTION
19. This strUcture will be required to be constructed as a Type IILN. Structure.
20. A fire suppression system (sprinkler system) will be required in this strUcture. The warehouse
area shall be classified as an ordinary hazard Type III. The office/retail are shall be classified as
an ordinary hazard Type II. The shop area shall be classified as an extra hazard location. lfhigh
pile storage is intended, the requirements listed in N. F. P. A. 231 and 231C will be required. All
fire suppression components shall be protected and monitored. [F)
21. Provide a site plan detailing the location of all hydrants, both on-site and off-site. Hydrants will
be required on-site. The spacing shall be 300 feet apart. The underground and hydrants system
shall be complete and final approval granted by the Dublin San Ramon Services District and the
Fire Authority prior to construction of the building. [F, DSR]
22. A one-hour separation wall between the office, retail, warehouse area and the shop area will be
required. [F)
~23. Fire apparatus access shall be provided around the outer perimeter of this structure and shall be
maintained at all times. The minimum unobstructed road width of20 feet and unobstructed
vertical clearance of 13 feet 6 inches is required. Streets under 36 feet wide shall be posted with
signs and the curbing painted red with labels on one side and under 28 feet wide on both sides of
the street as follows: "NO STOPPING FIRE LANE-CVC 22500.1",
,24. During construction an all-weather fire apparatus roadway must be provided within 150 feet of
the structure. The roadway shall consist of 6 inches minimum of class 2 aggregate compacted to
90%. [F]
5
P A 97-030 Arlen Ness SDR
6050 Dublin Bouleyard
APN: 941-550-019-010
25. A Knox Box will be required. Please pick up an application at the Fire Authority Administration
building. [F)
-
?6.
Fire flows shall meet the requirements of the Alameda County Fire Department. [F)
n. Prior to issuance of a building permit all fIre impact fees must be paid in full. [F, B]
28. Provide the Alameda County Fire Department with Materials Safety Data Sheets for chemical
products to be on stock. [F]
29. Smoke control dampers are required, either mechanical or non-mechanical. Draft curtains are
required as per Chapter 81, as for high-pile storage, of the Uniform Fire Code. [F) .
30. Prior to the issuance ofa building permit, the Applicant shall provide written confIrmation to the
Department of Community Development that the requirements of the Alameda County Fire
Department, including any fees, have been, or will be, met. [FJ
, DISPOSAL SERVICE
9\'-- 'I
~~r~i~" .
~~~~ ~32
The trash receptacle shall be located as agreed upon with Livermore Dublin Disposal. Written
confIrmation of this shall be sent to the Director of Community Development by the Applicant
prior to the issuance of building permits. [PL]
The Applicant shall submit a design detail and location of the trash enclosure area subject to the
Community Development Director's review and approval. The design of the trash enclosure
shall reflect dimensional criteria deemed acceptable by Livermore Dublin Disposal and shall
incorporate use of a 10' x 10' concrete apron in front to facilitate a mechanical pick-up service.
If wooden doors are utilized, the doors shall be trimmed with a heavy metal lip. Raised concrete
curbing shall be provided inside the trash enclosure area to serve as wheel stops for metal trash
bins to protect the interior walls of the enclosure. Colors and materials of the trash enclosure
shall be architecturally compatible with the main structure subject to Director of Community
Development review and approval. [PL, LDD, BJ
The trash enclosure shall be constructed of non-combustible materials. [F]
pt.L. .......
~ ?{1{4.R""
DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD)
34. Prior to issuance of any building permit, complete improvement plans shall be submitted to
DSRSD that conform to the requirements of the DSRSD Code, the DSRSD "Standard
Procedures, SpecifIcations and Drav.<ings for Design and Installation of Water and Wastewater
Facilities", all applicable DSRSD Master Plans and all DSRSD policies. [DSR]
6
PA 97-030 Arlen Ness SDR
6050 Dublin Boulevard
APN: 941-550-019-010
35. All mains Bhall be sized to provide sufficient capacity to accommodate future flow demands in
addition to each development project's demand. Layout and sizing of mains shall be in
conformance with DSRSD utility master planning. [DSR]
36. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system.
Pumping of sewage is discouraged and may only be allowed under extreme circumstances
following a case by case review with DSRSD staff. Any pumping station will require specific
review and approval by DSRSD of preliminary design reports, design criteria, and final plans and
specifications. The DSRSD reserves the right to require payment of present worth 20 year
maintenance costs as well as other conditions within a separate agreement with the Applicant for
any project that requires a pumping station. [DSR]
37. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be
designed to be looped or interconnected to avoid dead end sections in accordance with
requirements of the DSRSD Standard Specifications and sound engineering practice. [DSR]
38. DSRSD policy requires public water and sewer lines to be located in public streets rather than in
off-street locations to the fullest extent possible. If unavoidable, then public sewer or water
easements must be established over the alignment of each public sewer or water line in an off-
street or private street location to provide acceSS for future maintenance and/or replacement.
[DSR]
39. Prior to approval by the City of a grading permit or a site development permit, the locations and
widths of all proposed easement dedications for water and sewer lines shall be submitted to and
approved by DSRSD. [DSR]
40. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably
offered to DSRSD. [DSR]
41. Prior to issuance by the City of any Building Permit, all utility connection fees, plan checking
fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be
paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code.
[DSR]
42. Prior to issuance by the City of any Building Permit, 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. [DSR]
7
,
P A 97-030 Arlen Ness SDR
6050 Dublin Boulevard
APN: 941-550-019-010
43. No sewerline or water line 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 41 have been satisfied. [DSR]
44. The Applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of
DSRSD harmless and indemnifY the same from any litigation, claims, or fines resulting from
completion of the project. [DSR]
45. The site is not currently served with potable water by the District. Applicant's Architect or
Engineer shall determine appropriate water meter size. Water meter installation is performed by
Applicant's contractor. A District water construction permit is required including bonds and
insurance per District specifications. Water permit to be issued prior to the Building Permit.
[DSR]
46. Water system improvements for fire protection including fire hydrants and building sprinkler
systems may be required by the Alameda County Fire Department. Upon determination of
hydrant and sprinkler tap locations, Applicant shall submit detailed water system improvement
plans per District specifications and shall obtain a water system construction permit (permit may
be combined with the water meter construction permit). Water system shall be looped in
accordance with District specifications. Construction permit to be issued prior to the issuance of
the Building Permit. [DSR]
47. The Applicant shall submit detailed building plans for determination of sewer system connection
charge, due to additional building area to be added. Sewer connection fees shall be paid prior to
Building permit. [DSR]
48. The existing building was served by a private sewer lateral which connects to the public sewer in
Scailett Court, approximately 900 feet from the site. The private sewer requires repair prior to
reconnection for the new building. Applicant shall obtain certification of sewer lateral condition
from District, prior to issuance of Building Permit.
49. The Applicant shall show existing 15-foot wide DSRSD waterline easement along east side of
site (west edge ofP.G.& E. easement). No structure or improvements including transformer pads
allowed within ease,ment limits.
50. Prior to the issuance of a building permit, the Applicant shall provide written confirmation to the
Department of Community Development that the requirements ofDSRSD, including any fees,
have been, or will be, met. [DSR]
8
~
~,
PA 97-030 Arlen Ness SDR
6050 Dublin Boulevard
APN: 941-55lJ..019-010
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (Zone 7)
51. Special Drainage Area 7-1 was established by the Alameda County Flood Control and Water
Conservation District (ACFC&WCD) Board (Resolution 6922, May 17, 1966) to provide for a
program of flood control improvements along the major streams and arroyos within Zone 7 &.
Ordinance No. 53 of the ACFC&WCD prescribes fees and charges within SDA 7-1 to be
collected at the time of issuance of a building or use permit. The fees and charges so collected
are used to finance SDA 7-1 flood control improvements. Z7]
52. Zone 7 administers a program for the destruction of unused wells in the Livermore-Amador
Valley. Two wells at site numbers 3S/1E6G4 and 3S/lE6G8. Known water wells 'without a
document of intent of future use, filed with Zone 7, are to be destroyed prior to any demolition or
construction activity in accordance with a well destruction permit obtained from Zone 7. See
related Condition 10. [Z7]
53. Any proposed work within the waterline easement, including construction traffic, should first be
reviewed with Zone 7. [Z7]
54. An encroachment permit is required prior to any work within the waterline easements from Zone
7 of Alameda County Flood Control and Water Conservation District, 7041 Koll Center
Parkway, Suite 170, Pleasanton, CA 94566. The permit will have specific conditions for
construction within the waterline easements. This permit will become effective upon payment of
an application fee and the deposit of an approved surety bond with Zone 7 and any application
inspection charges.
55. No trees shall be planted in Zone 7 easements. [Z7]
56. Prior to the issuance of a building permit, the Applicant shall provide written confirmation to the
Department of Community Development that the requirements of Zone 7, including any fees,
have been, or will be, met. [Z7]
ARCillTECTURAL
57. Exterior colors shall conform the colors and materials palette submitted to the Department of
Community Development dated August 29, 1997. All ducts, meters, air conditioning equipment
and other mechanical equipment that is on-site or roof-mounted shall be effectively screened
from view. [PL]
LANDSCAPE AND IRRIGATION PLANS
~
\If...
"7:>/<1 (~ f
58.
A final detailed Landscape and Irrigation Plan (at 1 inch = 20 feet or larger), along with a cost
estimate of the work and materials proposed, shall be submitted for review and approval by the
Director of Community Development. Landscape and Irrigation Plans shall be signed by a
9
PA 97-030 Arlen Ness SDR
6050 Dublin Boulevard
APN: 941-550-019-010
~~g
59.
0.'- 60.
~I~~
61.
62.
licensed architect. Final landscape plans shall indicate the common and botanical names,
container size, growth rate and number of each plant. All landscaping, as shown on the
Landscape and Irrigation Plan, shall include drought tolerant vegetation. [PL]
The fmallandscape plan shall be generally consistent with the preliminary landscape plans
prepared by Herbert Samonsky Architects, dated received by the Department Of Community
Development on August 29,1997. [PL]
Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except
for trees, landscaping at drive aisle intersections shall not be taller than thirty (30) inches above
the curb. Landscaping at drive aisle intersections must not be taller than thirty (30). inches. [PL]
The Applicant shall complete and submit to the Department of Community Development the
Standard Plant Material, Irrigation and Maintenance Agreement (Attachment 7). [PL]
The Applicant shall submit written documentation to the Director of Community Development
(in the form of a Landscape Documentation Package and other required documents) that the
development conforms to the City's Water-Efficient Landscaping Ordinance). [PL]
P ARKlNG
63.
~ 64.
~("I'11!>
65.
-
__66.
s?- 67.
~~'i~
The Applicant shall submit a revised parking lot striping plan for new parking areas subject to
review and approval of the Director of Community Development and the Director of Public
Works and shall conform the parking plan shown on sheet AU dated August 29, 1997. All
newly-striped parking spaces shall be double-striped with 4-inch wide stripes set approximately 2
feet apart as shown on the "Typical Parking Striping Detail" (Attachment 8). Handicapped,
visitor, employee and compact parking spaces shall be appropriately identified on the pavement
and' designated on the parking plan. [PL]
Handicapped ramps and parking stalls shall be provided and maintained as required by the State
of California Title 24 provisions including the provision of an eight (8) foot wide striped
handicapped ramp for a handicapped van parking space. [PL, B]
The Applicant shall provide a minimum one foot wide raised curb or equivalent on landscape
fingers and islands adjacent to parking stalls to allow for pedestrian access. [PL]
The Applicant shall provide 5 foot curb radii adjacent to parking spaces. [PL]
The Applicant shall provide continuous curbing for all parking stalls. [PW]
~
PA 97-030 Arlen Ness SDR
6050 Du blin Boulevard
APN: 941-550-019-010
SIGNAGE
,aj;>... 68.
~lvl4q
~h{4W'
All approved signs shall be well maintained in an attractive manner and in accordance with the
approved plans. Any indirect light fixtures used to illuminate any signage on the site shall be
glare-shielded. [PL]
All signage shall comply with the provisions of the sign regulations of the Zoning Ordinance.
[PL]
REMEDIATION OF GASOLINE STORAGE IMPACTS
70. Prior to issuance of a building permit, the Applicant shall demonstrate on the building plans that
a vapor barrier will be installed to ensure that volatile hydrocarbons shall not enter the building.
[PL]
71. Any soil re-compaction associated with the former gasoline tank must meet City of Dublin
requirements and must be supervised by a soils engineer. [B, PW]
PUBLIC FACILITIES FEE
72. The Developer shall pay the Public Facilities Fee in the amounts and at the times set forth in City
of Dublin Resolution No. 32-96, adopted by the City Council on March 26, 1996, or in the
amounts and at the times set forth in any resolution revising the amount of the Public Facilities
Fee.
MISCELLANEOUS
~3.
~4.
~75.
~
The Developer/Property Owner shall comply with all applicable Alameda County Fire
Department, Public Works Department (Attaclunent X), Dublin police Services, the Dublin San
Ramon Services District, and Alameda County Flood Control and Water Conservation District
(Zone 7) regulations and requirements. Prior to issuance of grading or building permits or the
installation of any improvements related to this project, the Developer shall supply written
documentation from each such agency or department to the Community Development
Department, indicating that all applicable conditions required have been or will be met. [B, PL]
The Developer/Property Owner shall be responsible for maintaining the premises in a safe, clean
and litter-free conditions at all times. [PL]
The Developer/Property Owner shall control all activities on the site so as not to create a
nuisance to the existing or surrounding businesses or uses. No loudspeakers or amplified music
shall be permitted to project or be placed outside of the building. [pO, PL]
Building permits for the proposed project shall be secured and construction commenced
within one (1) year after the effective date of this approval or said approval shall be void.
This one (I) year period may be extended an additional six (6) months after the expiration date of
this approval (a written request for the extension must be submitted prior to the expiration date)
"
P A 9i-030 Arlen Ness SDR
6050 Dublin Boule\'ard
APN: 941_550-019-010
by the Community Development Director upon the detennination that the Conditions of
Approval remain adequate to assure that the above stated Findings of Approval will continue to
be met. [B, PL)
77. This pennit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning
Ordinance. Any violation of the terms or conditions of this pennit shall be subject to citation.
[PL)
78. To apply for building permits, the Developer shall submit nine (9) sets of full construction plans
which shall be fully dimensioned (including building elevations) and prepared and signed by a
licensed civil engineer, architect or landscape architect for plan check. The site plan, landscape
plan and details shall be consistent with each other. Each set of plans shall have attached an
annotated copy of these Conditions of Approval, including any attached Special
Conditions. The notations shall clearly indicate how all Conditions of Approval will be
complied with. ConstrUction plans will not be accepted without the annotated conditions
attached to each set of plans. The Developer will be responsible for compliance with all
Conditions of Approval specified and obtaining the approvals of all participating non-City
agencies prior to the issuance of building or grading permits. [B, PL, PW)
, 79. The DeveloperlProperty Owner shall develop this project and operate all uses in compliance with
the Conditions of Approval of this Site Development Review and the regulations established in
the Zoning Ordinance. Any violation of the tennS or conditions specified may be subject to
enforcement action. [PL]
12
January 13, 2003
Mr. Jonathan S. Gold
Arlen Ness Enterprises
16520 E. 14th Street
San Leandro, CA 94578
Subject:
General Plan and Zoning consistency of Arlen Ness Project (PA 97-030)
Dear Mr. Gold:
The Community Development Director of the City of Dublin approved the Arlen Ness Site
Development Review (P A 97-030) on November 29, 1997, subject to conditions. The project
consists of the construction ofa 68,392 square foot motorcycle parts mail order and retail
business at 6050 Dublin Boulevard. The project complies with the policies of the Retail/Office
and Automotive designation of the Dublin General Plan and with the parking requirements ofthe
Dublin Zoning Ordinance in effect at the time the project was filed and found to be complete.
General Plan. This project is located within the Retail/Office and Automotive designation of
the Dublin General Plan. This designation requires a maximum Floor Area Ratio (FAR) of .50
and an employee density with a minimum of220 square feet per employee. The project
proposes a 68,392 square foot building on a 92,332 square foot property resulting in a FAR of
.74 and has a design capacity of35 employees on the largest work shift resulting in an employee
density of2,638 square feet per employee. The Director of Community Development has found
that the project is consistent with the Retail/Office and Automotive designation of the Dublin
General Plan due to the low employee density of the project. Furtber, the Director has found that
the proposed FARis consistent with the General Plan because the maximum number of parking
spaces, circulation areas, and the required landscaping and hardscape can be easily
accommodated on the remainder of the site, and because the proposed use is otherwise consistent
with similar characteristics of Retail/Office and Automotive uses such as auto dealerships, auto
body shops, and other similar uses.
Zoning Ordinance. The project was filed and found to be complete on August 29,1997.
Section 8-63.19, Parking Spaces Required, of the Zoning Ordinance in effect at the time required
64 parking spaces as follows:
USE
SQUARE
FOOTAGE
6,018
REQUIRED
P ARKlNG
ShowroomlDisplay
Storage/Shipping & Receiving!
Packaging & Light Assembly/
Motorcycle Storage-Assembly
Office/Hallways/Restrooms
11.726
Total
53,631
8,743
68,392
17.5
34.972
64.198
ShowroomlDisplay requires one space per 600 square feet for the first 5,000 square feet and one
space for every 300 square feet additional.
Storage/Shipping & Receiving, etc., requires one parking space for each two employees based on
the design capacity of the largest work shift, which is 35 for this project.
Office/Hallways/Restrooms require one working space for each 250 square feet.
The approved project has 64 parking spaces and is therefore in conformance with the parking
requirements of the Dublin Zoning Ordinance in effect at the time this project was filed and
found to be complete.
If you have any further questions, please call me at (925) 833-6610.
Sincerely,
Eddie Peabody, Jr., AICP
Community Development Director
G:\P A#\1997\97030Von Gold Letter.doc
CONDITIONAL USE PERMIT
ARLEN NESS ENTERPRISES, INe.
3/4/05
The purpose of this Conditional Use Permit (CUP) will be to allow
the outdoor display of motorcycles during normal business hours.
Our current business hours are: Monday to Friday 9 to 7, Saturday
9 to 6, & Sunday 10 to 5.
This CUP will have no impact on our employee number or parking
space count. The City of Dublin will benefit through an increase
in the customer base and an increase in the potential sales taxpaid.
The site is physically suitable for this type of use as it will meet the
regulations of the Zoning District and the General Plan land use
designations of Retail 1 Office 1 Automotive for the property and is
consistent with the M-l zoning of the property. This proposed use
is also compatible with other land uses, transportation, and service
facilities in the vicinity.
The proposed use will not adversely affect the health or safety of
persons residing or working in the vicinity, and will not be
detrimental to the public health, safety or welfare.
This property is not located on a hazardous waste and substance
site which is pursuant to Government Code Section 65962.5.
ATTACHMENT Lf
RECEIVE/:'
APR 0 8 2005
DUBLIN PLANNING
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1 MOTORCYCLE PAfi2KING-5 STALLS
64 TOTAL STALLS
SITE SUMMARY
elTE AF2:EAu.uc;.RO~S: 11&,112 5Gl. FT.
NET. 4/Z1,94rZ1 SGl.. FT.
SWILDTN::::l......FIR$T FLOOR AI':EA. 35,1'2 SQ. FT.
SECOND Fl.OOR AREA~ 33,220 SGl. FT.
iOTAL A~A. h8~ SQ. FT.
BUILDING USE-n.RETAIL, OFFICE 4 AUTOMOTIVE
RECEIVED
JAN 0 5 2006
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