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HomeMy WebLinkAbout05-052, 06-017, 06-039 PC Agenda Stmt 08-22-2006 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: AUGUST 22, 2006 SUBJECT: ATTACHMENTS: RECOMMENDA nON: ~ PUBLIC HEARING: P A 05-052 - Conditional Use Permit for an indoor and exterior Impound Yard, Vehicle Storage Area and Barbed Wire Fence (Tri-Valley Towing). PA 06-017 - Conditional Use Permit for an AutomobileNehicle Repairs and Service facility (Low Price Auto Glass). PA 06-039 - Conditional Use Permit for a fence topped with barbed wire (Buisick-Gearing Properties). Report Prepared by Erica Fraser, Senior Planner ~ 1) Resolution approving a request for a Conditional Use Permit for an indoor and exterior Impound Yard, Vehicle Storage Area and Barbed Wire Fence (Tri-Valley Towing). 2) Resolution approving a request for a Conditional Use Permit for an AutomobileN ehicle Repairs and Service facility (Low Price Auto Glass). 3) Resolution approving a request for a Conditional Use Permit for a fence topped with barbed wire (Buisick-Gearing Properties). 4) Site Plan for Tri-Valley Towing and Low Price Auto Glass. 5) Photo of Barbed Wire Fence along Scarlett Court. 6) Resolution 84-01 (Outdoor Storage Yard). 7) Location Map. 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; 5) Adopt a Resolution (Attachment 1) approving Conditional Use Permit for an indoor and exterior Impound Yard, Vehicle Storage Area and Barbed Wire Fence (Tri-Valley Towing); 6) Adopt a Resolution (Attachment 2) approving a Conditional Use Permit for an AutomobileNehicle Repairs and Service facility (Low Price Auto Glass); and 7) Adopt a Resolution (Attachment 3) approving a Conditional Use Permit for a fence topped with barbed wire (Buisick-Gearing Properties). COPIES TO: Applicant/Property Owner In-House Distribution File ITEM NO. <6. 2.. Page 1 of7 G:IPA#\2005\05-052 Valley TowinglScarlctt Court cUPs Staff Report.DOC PROJECT DESCRIPTION: Background The existing building at 6355 Scarlett Court has several tenants which range from auto repair services to storage. On August 8, 2006, the Planning Commission approved a Conditional Use Permit for the Smog Station to operate an AutomobileNehicle Repairs and Service facility in the same building. This building is part of a larger industrial center which has three total buildings on three parcels, known as the Buisick- Gearing property, including the building located at 6335 Scarlett Court which has an approved exterior storage yard and a fence with barbed wire which was recently installed around the storage yard. The existing buildings are constructed out of metal and painted tan. The building located at 6355 Scarlett Court was constructed in 1975, prior to City incorporation. Tri-Valley Towing has operated a towing facility at 6355 Scarlett Court #1 for approximately one year. Staff became aware of the facility in September of last year when the former business owner applied for a City Business License. Since that time, Staff has been working with the business owner to bring the business into compliance with the requirements of the Dublin Zoning Ordinance. The Zoning Ordinance requires a Conditional Use Permit to operate a towing facilitylimpound yard in this zoning district. Low Price Auto Glass has operated a vehicle glass installation and repair facility at 6355 Scarlett Court #8 since 1999. While conducting research on Tri-Valley Towing, Staff determined that a Business License had been issued for the facility, however, the Business License applicant had not obtained the required Conditional Use Permit. The Dublin Zoning Ordinance requires a Conditional Use Permit to operate an AutomobileN ehicle Repairs and Service facility in this zoning district and the installation of a barbed wire fence to enclose the outdoor storage area. A barbed wire fence was constructed along the Scarlett Court street frontage and surrounding the permitted outdoor storage area for the White Cap Contractor Supplies business within the last year without the required Conditional Use Permit. Staff observed that the fence had been installed without the required Conditional Use Permit while conducting a site visit for one of the current Conditional Use Permit applications for the property. Since three applications have been received for the industrial center, this staff report includes a separate discussion of each of the Conditional Use Permits to discuss the individual characteristics of each business as well as any conditions of approval which have been included to mitigate any impacts on adjacent businesses or properties that may occur as a result of the business. Each Conditional Use Permit requires a separate Conditional Use Permit and Resolution to provide specific conditions to ensure that the businesses are adequately operated and maintained. A discussion on parking, general conditions of approval and compatibility of the requests with the general Plan and Zoning Ordinance have been reviewed together because all three businesses will have similar impacts on the site and parking should be calculated as a whole. ANALYSIS: The Conditional Use Permit process allows the City to place conditions of approval on the project to ensure that the operation of the proposed use is compatible with the surrounding uses. The project has been reviewed for issues related to operating characteristics, parking, and project design. Conditions of approval have been proposed where appropriate to ensure compatibility. Page 2 of7 Tri-Valley Towing (PA 05-052) The first application for a Conditional Use Permit for the property was received from Joe Gross of Tri- Valley Towing (the "Tri-Valley Towing Applicant). The Tri-Valley Towing Applicant is requesting approval of a Conditional Use Permit to legalize the operation of a towing service/vehicle impound yard, to legalize a storage yard located adjacent to the building and to allow a barbed wire fence around the storage yard at 6355 Scarlett Court #1. The towing service/vehicle impound yard operates in an existing building which also houses several other tenants. Vehicles which are towed to the site are stored inside of the tenant space (building) or behind a fenced-in area located adjacent to their tenant space (see Attachment 4 for the location). Tri-Valley Towing is a vehicle towing service and impound yard that provides emergency towing and roadside assistance for the community. Tri-Valley Towing also provides service to local law enforcement agencies, BART Police and the California Highway Patrol. Vehicles which are towed to the facility are stored inside the building or in a storage area adjacent to the building which is surrounded by a fence. The hours of operation of the facility are Monday - Friday, 8:00 a.m. to 5:00 p.m. Tri-Valley Towing has one small company truck, two flat bed tow trucks and two tow trucks for a total of five company vehicles. The outdoor vehicle storage area is surrounded by an existing 8-foot tall fence. The fence is constructed of chain link with wood slats and is topped with barbed wire. Chapter 8.08, Definitions, of the Dublin Zoning Ordinance requires impound yards (where vehicles are stored) to be located "behind a solid view- obscuring fence or wall." Additionally, Section 8.72.080.E of the Dublin Zoning Ordinance prohibits the use of barbed wire unless permitted by a Conditional Use Permit. The existing fence does not meet the requirements of the Dublin Zoning Ordinance because the existing fence is not solid and cars can be seen behind the fence. Additionally, the existing fence has fallen into disrepair (see photos included as Attachment 5). The storage area is visible from the adjacent property (the future Dublin Honda site) and from Dougherty Road as you cross over the freeway into Dublin. The Tri-Valley Towing Applicant is requesting approval to store vehicles in a storage yard which is currently located outside of the building. The fence does not meet the intent of the Zoning Ordinance because the fence does not obscure views of the cars behind it and is in need of major repairs. In order to bring the fence into compliance with the requirements of the Dublin Zoning Ordinance, Staffhas included Condition of Approval No. 11 which requires that the existing fence be removed and replaced with a new fence, which is similar in appearance to the new barbed wire fence located at 6335 Scarlett Court, within 90 days of Planning Commission approval of the Conditional Use Permit. Low Price Auto Glass (PA 06-017) A second application for a Conditional Use Permit for the property was received from Shant Hogopian of Low Price Auto Glass (the "Low Price Auto Glass Applicant"). The Low Price Auto Glass Applicant is requesting approval of a Conditional Use Permit to legalize the operation of an AutomobileNehicle Repairs and Service facility at 6355 Scarlett Court #8. The facility provides vehicle glass repair and installation services on site and also makes service calls. The facility is located in the saine building as Tri-Valley Towing. Low Price Auto Glass is an AutomobileN ehicle Repairs and Service facility that has been operating at 6355 Scarlett Court #8 since 1999. Low Price Auto Glass repairs and replaces vehicle windows. The company typically makes site visits to repair or replace windows at a vehicle owner's house or business and also will repair or replace windows at the site. The facility employs four people and the hours of operation are Monday through Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:30 a.m. to 4:00 Page 3 of7 p.m. The facility is typically closed on Sundays; however, the facility may provide service on a Sunday with a special appointment. Barbed Wire Fence Adjacent to Scarlett Court/or White Cap Contractor Supplies (PA 06-039) The third application for a Conditional Use Permit was received from Doreen Green, representative of Buisick-Gearing Properties, the property owners (the "Property Owner Applicant"). The Property Owner Applicant is requesting approval of a Conditional Use Permit to legalize a barbed wire fence located at 6335 Scarlett Court which was constructed sometime during the last year. The barbed wire fence is located around an existing, approved outdoor storage yard which is currently used by White Cap Contractor Supplies. On January 3, 1984, the Planning Commission adopted a Resolution approving a storage yard adjacent to Scarlett Court with a 6 foot tall fence (see Attachment 7). In 1997, the City's Zoning Ordinance was comprehensively updated to prohibit the use of barbed wire on a fence unless the barbed wire is permitted by a Conditional Use Permit. Thus, at the time the storage yard and fence with barbed wire were approved in 1984, the City's Zoning Ordinance did not require a Conditional Use Permit for a barbed wire fence. As required by Chapter 8.140, Non-Conforming Uses and Structures, of the Dublin Zoning Ordinance, once a legal non-conforming fence is completely removed, a Conditional Use Permit is required to replace the fence. The newly constructed fence is located along the Scarlett Court frontage and between Scarlett Court and the existing building located at 6335 Scarlett Court. The storage area is currently used by White Cap Contractor Supplies who uses the storage area to store various construction supplies which are for sale. The existing fence is 6 feet in height with 18" of barbed wire located at the top. The fence is black vinyl coated chain link with black slats between the chain link fence (to block views of the items stored behind the fence) and black barbed wire atop the fence. The fence is generally parallel to the sidewalk with one small area which is constructed at an angle due to an existing sewer line stub out which requires that the fence be constructed at an angle to allow for access to the stub-out. The purpose of requiring a Conditional Use Permit for a barbed wire fence is to ensure adequate maintenance of the barbed wire in the future, and to ensure the safety of pedestrians in the area. To achieve these goals, Staff has included Conditions of Approval No. 7-10 which require adequate maintenance of the area, including the barbed wire, to promote adequate maintenance of the site and ensure safety of individuals in the area. With the approval of these Conditions, the barbed wire fence is appropriate in this location. The existing storage yard was approved with conditions which required a landscape buffer between the fence and the sidewalk. The existing shrubs were removed at some point in the past and a few trees remain (see photos in Attachment 6). In order to bring the property into compliance with the approval of the storage yard and to provide a landscape buffer to act as a deterrent from pedestrians on the sidewalk for safety, Staff has included Conditions of Approval No. 11-18 which requires the Property Owner Applicant to submit a landscaping plan for this area within 60 days of Planning Commission approval and plant additional landscaping material within 90 days of Planning Commission approval. Parking The City of Dublin Zoning Ordinance contains off-street parking regulations by use. An impound yard does not have a required parking ratio since the area is used to store towed vehicles. Tri-Valley Towing is Page 4 of7 required to provide 1 parking space per 250 square feet of office, plus 1 space per company vehicle. Tri- Valley Towing has one office which is 250 square feet which requires one parking stall, two tow trucks which require two parking stalls, two flat bed tow trucks which require four parking stalls due to the length of the trucks and one small company vehicle. Based on the requirements in Section 8.76.080.D of the Dublin Zoning Ordinance, this facility requires a total of 8 parking stalls to support the use. An AutomobileNehicle Repairs and Service facility is required to provide 1 parking space per 400 square feet of floor area plus one space per bay and one space per company vehicle. Low Price Auto Glass is located inside a 3,000 square foot facility which requires 7.5 parking stalls based on the Zoning Ordinance. Low Price Auto Glass also has two service bays and one company vehicle. Based on the requirements in Section 8.76.080.D of the Dublin Zoning Ordinance, this facility requires a total of 10.5 parking stalls to support the use. The existing site has a total of 65 parking stalls. Based on current and proposed tenants, these uses require a total of 51 (50.8) parking stalls which will result in a surplus of 14.2 parking stalls based on the Zoning Ordinance. Conformance with Zoning Ordinance and General Plan The project site is zoned M-l (Light Industrial). An Impound Yard, AutomobileNehicle Repairs and Service Facility and barbed wire fence are permitted with the approval of a Conditional Use Permit. The General Plan Land Use designation for the parcel is Business Park/Industrial and Outdoor Storage, which permits a wide range of industrial and automotive uses. The proposed applications are consistent with the Dublin General Plan and the Municipal Code because the projects are compatible with the existing zoning and General Plan Land Use designation. As conditioned, the proposed Conditional Use Permits would ensure that the businesses and barbed wire fence are operated and maintained in such a manner as to reduce impacts on existing tenants and surrounding properties. Conditions of Approval It is City policy to give the Applicant a copy of the Draft Conditions of Approval for their project prior to a Planning Commission hearing. Acceptance of the Conditions is sought prior to Staff placing the project on the Planning Commission Agenda and distributing the required notices. In this case, the property owner, however, does not agree with the Conditions included in the Resolutions. A majority of the Conditions included in the seperate Resolutions are City standard conditions. These conditions are aimed at reducing impacts on adjacent tenants and properties. Additionally, the City typically requires that improvements be made to the property in order to bring the property into compliance with current regulations and improve the site. These Conditions can be imposed in conjunction with a regulatory permit (Conditional Use Permit). Although the property owner representative has stated that she does not agree to the Conditions, Staff is bringing the matter to the Planning Commission in order to process the Conditional Use Permits because the barbed wire fence has been installed and because Tri- Valley Towing and Low Price Auto Glass have been operating without the required Conditional Use Permit for some time. Page 5 of7 Conditional Use Permit Findings In order for the Planning Commission to approve a request for a Conditional Use Permit, the Planning Commission must make all of the findings found in Section 8.100.060 of the Dublin Zoning Ordinance and included on pages 2-4 of the separate Resolutions for each project. With the addition of the proposed conditions in the Resolutions (attached), the findings as required by the Zoning Ordinance can be made. CONCLUSION: This applications have been reviewed by the applicable City departments and agencies, and their comments have been incorporated into the Conditions of Approval for the projects. The proposed projects, as conditioned, are consistent with the Dublin General Plan and the Zoning Districts in which the project site is located and represent appropriate projects for the site. ENVIRONMENTAL REVIEW: The projects have been reviewed under the California Environmental Quality Act, (CEQA), State CEQA Guidelines and the Dublin Environmental Guidelines, and the project has been found to be Categorically Exempt per CEQA Section 15301 (minor alteration of existing facilities). RECOMMENDATION: Staffrecommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; 5) Adopt a Resolution (Attachment 1) approving Conditional Use Permit for an indoor and exterior Impound Yard, Vehicle Storage Area and Barbed Wire Fence (Tri-Valley Towing); 6) Adopt a Resolution (Attachment 2) approving a Conditional Use Permit for an AutomobileNehicle Repairs and Service facility (Low Price Auto Glass); and 7) Adopt a Resolution (Attachment 3) approving a Conditional Use Permit for a fence topped with barbed wire (Buisick-Gearing Properties). Page 6 of7 GENERAL INFORMATION: APPLICANT: Joe Gross, Tri-Valley Towing, 6355 Scarlett Court #1, Dublin, CA 94568 Shant Hogopian, Low Price Auto Glass, 6355 Scarlett Court #8, Dublin, CA 95468 Doreen Green, 7440 Amarillo Road, Dublin, CA 94568 PROPERTY OWNER: Buisick-Gearing, 7440 Amarillo Road, Dublin, CA 94568 LOCATION: 6335 Scarlett Court (APN 941-0550-015-04) 6355 Scarlett Court #1 and #8 (APN 941-0550-015-08) GENERAL PLAN LAND USE DESIGNATION: Business Park/Industrial and Outdoor Storage ZONING: M-l (Light Industrial) SURROUNDING USES: Location Zoning General Plan Land Use Current Use of Property Site M-l - Light Industrial Business Park/Industrial Various Industrial and and Outdoor Storage Auto Services North PD - Planned Retail/Office and Various Auto Services Development Automotive and Repair facilities South Scarlett Court/Interstate N/A Roadway/Freeway 580 East M -1- Light Industrial Business Park/Industrial El Monte R V and Outdoor Storage West M-I-Light Industrial Business Park/Industrial Vacant (Future Honda and Outdoor Storage Dealership) ENVIRONMENTAL REVIEW: This project is Categorically Exempt from the environmental review requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15301 - Existing Facilities. 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