HomeMy WebLinkAbout07-19-1993 Item 8.1 92-061 Crown Chevrolet/CUP
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: July 19, 1993
TO:
Planning Commission
FROM:
Pla,nning
staff !t
W.
Choy, AssocJ:ate
Planner
PREPARED BY:
David K.
SUBJECT:
PA 92-061 Crown Chevrolet Outdoor storage/Parking
Conditional Use Permit
GENERAL INFORMATION:
PROJECT:
Conditional Use Permit to expand the operation of an
existing vehicle storage lot, increasing the storage
capacity from 118 parking spaces on the northern half
of the property to a maximum of 235 parking spaces
utilizing the entire 1.98 acre parcel
APPLICANT:
Patrick Costello
Crown Chevrolet
6707 Golden Gate Drive
Dublin CA, 94568
PROPERTY OWNER:
Betty Woolverton
148t Emmons Canyon Drive
Danville, CA 94526
6707 Golden Gate Drive
LOCATION:
ASSESSOR PARCEL:
941-1500-32
DESCRIPTION
On July 6, 1993, a public hearing was held by the Planning Commission
for PA 92-061 Crown Chevrolet Outdoor Storage/Parking Conditional Use
Permit (CUP). At that meeting the Applicant contested Condition No. 2 of
the former Draft Resolution Exhibit B (Attachment 2). This condition
required the Applicant to sign, notarize and record an agreement waiving
all claims for compensation and damages caused by the taking of any
structures or improvements authorized by the CUP (PA #92-061) to be
located within the right-of-way line established by Ordinance No. 19-88
pursuant to the exercise of the right of eminent domain or any other right
of the City of Dublin or any other action.
----------------------------------------------------------------------
e . \
COPIES TO: Applicant
Owner
Address File
ITEM NO.
PAGELOF U. ')....
In addition, the agreement stated that the vehicle storage lot and
physical improvements must be removed within 30 days written notice, or
the City may remove the vehicle storage lot and associated physical
improvements, and recover the costs of removal by placing a lien on the
property.
The city Attorney has modified the proposed agreement (see Attachment
B-1), eliminating the 30 day removal requirement and limiting the waiver
of claims for compensation and damages by the taking of any structures or
improvements by city of Dublin actions to include:
1) The difference in cost of a gravel parking lot and an asphalt
paved parking lot; and
2) The value of a regular galvanized chain link fence, but not the
added value of vinyl cladding the fence.
staff has researched the project and cannot find record that the City
required the Applicant to pave the vehicle storage lot. In fact,
Condition No. 16 of Planning commission Resolution No. 89-034 (Attachment
B-2) states "The parking and driveway surfacing shall be gravel upon a
base rock..." This condition was added by the Planning Commission at the
Applicant's request to allow use of a material other than asphalt paving.
The Applicant indicated on the grading permit application (Attachment 5)
that the purpose of the proposed grading operation was to "Grade site per
use permit approval for car storage." The grading plan on file with the
Public Works Department indicates a 4" aggregate base with chip seal to be
utilized on only the northern portion of the property. Staff does not
feel that the City should incur the cost for an asphalt parking lot since
it was not required or approved. Staff does feel that compensation for a
gravel parking lot, which was approved by the Planning Department and the
Public Works Department, is appropriate.
The Applicant requested permission to install a perimeter chain link
fence around the property as part of the original CUP application in order
to prevent people from dumping on the site. The City required the fence
to be vinyl clad, as is standard practice with fencing around all storage
areas. The City is willing to incur the cost difference between a regular
chain link fence and the required vinyl clad chain link fence. The city
is also willing to incur the cost of the required additional landscaping
which was required of the Applicant to comply with the policies of the
Downtown Specific Plan.
The Planning Commission also requested clarification on the Traffic
Impact Fee determination made by the Public Works Department. The Public
Works Department has determined that the proposed expansion will not
result in the generation of substantial incremental traffic to the site.
The vehicle storage lot will not be used to display vehicles and will not
be accessible to the public. If the proposal included a request to
increase the automotive display area of the Crown Chevrolet Dealership,
then the Public Works Department would assess a Traffic Impact Fee. This
would be based upon an increased sales area which could accommodate a
greater number of customers visiting the site. The proposal, however,
involves the expansion of the vehicle storage lot, or an expansion of the
inventory, and does not accommodate, nor facilitate an increased display
area for the Crown Chevrolet Dealership.
2
PAGE ~- OF~~
until
staff
CUP,
staff recommends an approval period for the CUP of three years,
1996, when construction of the flyover ramps is scheduled to begin.
also recommends permitting one year administrative extensions to the
upon expiration of the three year approval period, in the event
construction of the flyover ramp project is delayed later than 1996.
Staff believes that the proposed vehicle storage lot represents an
appropriate interim use for the site and recommends approval of the
Applicant's request for a Conditional Use Permit for a period of three
years, subject to the conditions listed in the draft resolution,
Exhibit B.
RECOMMENDATIONS:
FORMAT:
1)
2)
3)
4)
5)
Hear Staff presentation.
Take testimony from Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Adopt the draft resolution approving PA 92-061, or give
Staff and Applicant direction and continue the matter.
Staff recommends that the Planning commission adopt the draft
resolution (Exhibit B) approving PA 92-061 Crown Chevrolet
Conditional Use Permit.
ACTION:
ATTACHMENTS:
Exhibit A:
Exhibit B:
Project Plans
Draft Resolution approving Conditional Use Permit
Backqround Attachments:
Attachment 1:
Attachment 2:
Attachment 3:
Attachment 4:
Attachment 5:
Attachment 6:
Attachment 7:
Attachment 8:
Attachment 9:
Zoning/Location Map
Applicant's Written Statement
Proposed Parallel Road Alignment
Approximate Right-of-Way Line through Subject site
Grading Permit and Grading Permit Application
Minutes from June 5, 1989 Planning commission Meeting
Minutes from July 5, 1989 Planning commission Meeting
Draft Resolution approving CUP (Exhibit B of July 6, 1993
Planning commission Staff Report without Att. B-2)
July 6, 1993 Planning commission Staff Report for
PA 92-061 without Exhibits and Attachments
3
PAGE~OF 41-
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DUBLI PLANNING
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pLE.o\SANTON.CA 94566
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RESOLUTION NO. 93 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
----------------------------------------------------------------------
APPROVING PA 92-061 CROWN CHEVROLET CONDITIONAL USE PERMIT APPLICATION
TO ALLOW EXPANSION OF THE PARKING/AUTOMOTIVE STORAGE LOT
WHEREAS, Mr. Patrick Costello, representing Crown Chevrolet, has
filed an application for a Conditional Use Permit (CUP) to expand the
operation of an existing vehicle storage lot, located behind the
existing Chevrolet automotive dealership, increasing the storage
capacity from 118 parking spaces on the northern half of the property
to a maximum of 235 parking spaces utilizing the entire 1.98 acre
parcel, located at 6707 Golden Gate Drive; and
WHEREAS, Ordinance 44-87, an Ordinance of the city of Dublin
establishing right-of-way lines, was adopted by the city Council and
became effective on October 28, 1987; and
WHEREAS, Ordinance 44-87 makes it unlawful to construct any
building or structure, as defined therein, within the right-of-way
established pursuant to Ordinance 44-87; and
WHEREAS, the City Council adopted an ordinance establishing the
right-of-way lines for a future road parallel to and southerly of
Dublin Boulevard, and a portion of such right-of-way line falls within
the subject property; and
WHEREAS, Ordinance 11-88, an ordinance requiring dedication and
improvement of right-of-way, requires that no Conditional Use Permit
shall be issued in connection with the construction of any building or
structure on any lot, the use of such building or structure will
result in an increase in traffic on the street or streets upon which
such lot abuts or will abut unless the area within the future right-
of-way lines of such lot has been granted to the city; and
WHEREAS, the off-street vehicular storage lot proposed for this
property is not required for the use of this or any other property and
is therefore not included in the definition of building or structure
in Ordinance 44-87 and Ordinance 11-88; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on July 6, 1993; and
WHEREAS, in concurrence with the Applicant, the Planning
commission continued the public hearing to July 19, 1993 in order to
allow the City Attorney to respond to legal concerns raised by the
Applicant; and
WHEREAS, the Planning commission did hold a public hearing on
said application on July 19, 1993; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
EXHIBIT B
PAGE 2.... OF Y:1..
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 section 15311, Class 11; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find:
A. The expansion of the parking/storage lot will serve the
public need by providing for the expansion of an existing
automobile dealership facility.
B. The proposed use will be properly related to other land
uses, transportation and service facilities in the immediate
vicinity, as the proposed use will be compatible when
compared to the type and nature of operations typically
found in the neighborhood.
C. The proposed use, under all circumstances and conditions of
this particular case, will not materially adversely affect
the health or safety of persons residing or working in the
vicinity, or be materially detrimental to the public welfare
or injurious to property or improvements in the
neighborhood, as all applicable regulations will be met.
D. The proposed use will not be contrary to the specific intent
clauses or performance standards established for the
District in which it is to be located.
E. The project, as conditioned, is consistent with the policies
contained in the City's General Plan and Downtown specific
Plan, based on the Planning commission's determination that
the use is of a "temporary" nature and the use does not
qualify as a parking lot.
F. The project is not a "building or structure" within the
meaning of Ordinance 44-87 or Ordinance 11-88 and the
project would not significantly increase traffic to a level
which would necessitate the dedication of future right-of-
way under Ordinance 11-88. The project can therefore be
approved in the proposed location and without dedication of
right-of-way.
G. The project does not conflict with the adopted right-of-way
line of the future Parallel Road since construction is not
scheduled to begin until Fiscal Year 1996-97.
- 2 -
r or'"\: 'l-
PAGE~,f-
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 92-061 Crown Chevrolet Conditional Use
Permit as generally shown by materials labeled Exhibit "A" on file
with the Dublin Planning Department, subject to the following
conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied
with prior to the issuance of buildinq permits or establishment of
use. and shall be subiect to Planninq Department review and approval.
The followinq codes represent those departments/aqencies responsible
for monitorinq compliance of the conditions of approval. rPLl
Planninq. rBl Buildinq. rpOl Police. rpWl Public Works. rADMl
Administration/citv Attornev. rFINl Finance. rFl Douqhertv Reqional
Fire Authoritv. rDSRl Dublin San Ramon.Bervices District. rCOl Alameda
Countv Department of Environmental Health.
1. PA 92-061 Crown Chevrolet Conditional Use Permit approval is for
the establishment of a vehicle storage lot for a maximum of 235
spaces. Said storage lot shall be limited to storage of cars and
trucks sold or serviced through the existing dealership. The
Applicant shall submit an additional site plan which accurately
depicts the property lines for the subject site APN 941-1500-32,
landscaping and all interior dimension, in general conformance
with the site plan prepared by La Perle Architects Inc. (1
sheet), dated received October 5, 1992 (Exhibit A), stamped
approved. [PL]
2. The property owner(s) shall sign, submit and record the attached
agreement (Attachment B-1) within fifteen (15) days after the
effective date of this Conditional Use Permit approval. This
agreement shall be binding on future property owners of APN
941-1500-32. [PL, PW]
3. Approval of the Conditional Use Permit shall be valid until July
29, 1996. The approval period may be extended on a yearly basis
thereafter (Applicant must submit a written request for the
extension prior to the expiration date of the Conditional Use
Permit) by the Planning Director upon his determination that the
Conditions of Approval remain adequate to assure that the above
stated findings will continue to be met. [PL]
4. Except as specifically modified herein, operation of the vehicle
storage lot shall generally conform to the requirements
established by Planning commission Resolution No. 89-034 for
PA 88-139 (see Attachment B-2). [PL]
5. Operation of the vehicle storage lot shall be conducted so as not
to create a nuisance to adjacent businesses. [PL, PO]
6. No loudspeakers or amplified music shall be permitted to project
or be placed within the vehicle storage lot. [PL, PO]
- 3 -
PAGElOF~
7. The Applicant shall be responsible for clean up and disposal of
project related trash to maintain a clean and litter-free site.
[PL]
8. This approval shall be null and void in the event the approved
use ceases to operate for a continuous one year period. [PL]
9. This permit 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 use permit shall be subject to
citation. [PL]
PASSED, APPROVED AND ADOPTED this 19th day of July, 1993.
AYES:
NOES:
ABSENT:
Planning commission Chairperson
ATTEST:
Planning Director
- 4 -
~~~~~
Recording Requested by:
City of Dublin
When Recorded Mail To:
Ci ty of Dublin
Attn: Laurence L. Tong
Planning Director
100 Civic Plaza
Dublin, CA 94568
"WAIVER OF COMPENSATION"
Crown Chevrolet, a California Corporation (lessee of real
property in the City of Dublin described as Assessor Parcel Number
941-1500-32), and Betty Woolverton, Trustee, and Terri A. Costello,
owners of said real property, hereby waive all claims for compensation
and damages caused by the taking of any pavement surfacing of a higher
grade and price than gravel upon a base rock and the value of a
regular galvanized chain link fence but not the added value of vinyl
cladding the fence located within the portion of APN #941-1500-32
within the right-of-way line established by Ordinance No. 19-88
pursuant to the exercise of the right of eminent domain by the City of
Dublin.
Acknowledged and Agreed:
Pat Costello, President
Crown Chevrolet
Date
Betty Woolverton, Trustee/Owner
Date
Terri A. Costello, Owner
Date
(Notarizations Attached)
ATTACHMENT 8 - :J.
0' n... q Or.1..l ').-
I Rue. __ 1---
,'-
RESOLUTIO~ NO, 87 - 034
A RESOLUnO:1 OF THE PLANNI:;t;; CO~ISSIW
OF Tl-!E CITY OF O\;ZLI:I
..--.....--.-.-.-.--.----.-.---.--------------------------------------.-...-.-
A??RO'II::t;; PA 88-137 CO:lDITIONAL USE ?EP_'HT REQUEST FOR THE
CP,O\iN CHEVP,OLET ON GOLOE:I GATE DRIVE SOU:'; OF 7544 OGZLII1 BOULEVAR.D
YnEREAS. Pa~ Costello, on behalf of GroHn Chevrolet, filed a Conci~:~~al
Use Permit request for a proposed exterior car storage area for the c=o~~
Chevrolet A~Co Dealership by the creation of a ~e~ lOa'~ X 400~ area (ehe
"P=oject:"); anc
wHEREAS, t~e adopted City 0: D~blin Zoning Ordinance provlces i~ pare :0:-
the establish~ent or an auto~ob:le. ca~per. boa: and truiler sales, and s::rage
lot as a Conditional Use; and
wnERE:AS, Ordinance 44-87, co.. Ordinance 0: i:~e City or 01..:011:1. establis:::..::g
right-of.w~y 1i~es, was aco?tec by t~e Cicy Co~r.c~l and became effec:ive o~
October 28, 1987; a~d
WHEREAS. O~cii~ance 44.8i ~~~:~ ic un1~~:~1 ~o consc~c~coa~y b~ilc:~g C~
s~r~c=ure, as ce::~ed tne=e~~. ~:~~~n the r~&~:.Q:..ay esca~llsnec ?c=s~a~: ~o
Orc:nance 4~.$i; a~c
w~ER~AS. tta"City Council acc?:ed an orc~~a~ca es:ablishing c~a rlg~:.
o:.',,;;;,y lir:.es :0= a f~::ure r-oac. pa.!"allel co a:1C sOt;::-oe-:ly of Dubli:-. Bee1e':.:.:-:.,
anc a po=t~o~ 0: suc~ righ::~o:.~ay li~e falls ~i:~i~ ~~e s~~jec: ?~o?e=ty; a~G
lTr.ER~AS, Crci~ance 11.eo, an ordinance re~u~r:~g cec:ca:io~ a~c
i~prove~ent 0: =:ght.of~~ay, =e~~:=es that no Co~ci:io~al Use Per~it s~a:l :e
issued in co~~ec:ian ~ith t~e co~s:=~ctian of a~y builcing or st=uc:~=e O~ a~'1
lot. the use 0: suc~ building or s:r~cture will =es~lt i~ an increase i~
traffic on t~e street or st~ee:s C?C~ ~hich scc~ 10: abu:s or will a~u: u~:ess
t~e area w:~~:~ :~a future rig~:.o:~~ay li~es 0: s~c~ 10= has bee~ gra~:ec :0
the City; &:".c
w~E?EAS. t~e or=-scree: ve~ic~lar storage pro?osac :0: t~is p=o?e=~: :s
not requirec foi t~e use of t~:s 0: any ocher p=o?e~:y anc lS the:afc:e ~=:
i~clucied in t~e ctfini:ion 0: b~ilci~& or St:uc:~== i~ O~d:na~c= ~~.Si a~~
Orcinance il~ES; a~c
w2E~EAS, a traffic s:~cv ~as p:e?ared by :~a City's t:a:fic e~6:~eer. --~
results 0: ~~ic~ i~dic8:e tna: ac~:::o~al t:a:f:c associated with t~is
Concitional Use ?a~=i: is no: s:g~i:i=ant; and
'i2E?E.~,S, t:"'.a Pl~nning Co::::~iss:'o:l did hole a p~~lic roe.J.:it""g C:-. saie
a??lic~tion O~ A?~il 17, 1959, J~~e S. 1989 a~c J~!y 5. 1959; a~c
w2E~~AS. p~c~c= r.otice of snid public he~~i~g ~as givan l~ ~~l res:e::s
ns required by l~~; and
\';HEREAS, t:...~s noplicntio;". l"..:1S boacn. rcvichoc;d in ncco::d~t..cc .....:.:h che
pro\'isions 0: c.he CalLfornin E~......iron:::cntal Quali.:y Ac: nnd :l ~:~G.1::"'!C
Dl'cL\f.:1tiO:1 1101:; bl~\,"!:l :H!optcd (rLlnr:.i.nG Commission R~soll.ttion No. S.;-033) ,1S t:h~
proj\:ct ,,:Ll1 not h;I\'~~ it 11(:~:;lt~.:\,~ ,~ff~ct on tlllo'!. \~llvi:,oollllll~n:;: ,!lld
tlI!EP.S:\S. tll\~ St~l[f l{l~illH.t '.:1:: ~;uhllllt\:.cd 1.0(..l~n::~mc:ndLng th;l:': chi": Conl!t::~":~:ll
U:;l' I\~rllllt: ;lppllt:;\:..loll IH~ l~ot~l!~[:ion;llty appI'ovl'l!; and
UIlE!U,:t\:';. I Ill' j'!:II11lill}'. t:l):::ml::::(Oll df.r1lh':Il' ;md lOtll1:;(d,'I." illl ::,lid f'"i"1:":::0
l"\'l',llllllh'lHbl Illll:: :Iud l:I':J I: {lllllll:; Ill' rll ill:lhovl1 :;,.[: f,lrt h: :IlHt
WIII~IU':AS. tlh' prol'n::t'l[ Lmd It::l', :1:: c::ollltlti"IWd, l:: ilppt'opl'l;lt"l' [or :'l:l'
::1.\1..1 "l:l- I'l"llpt'i'l.y III (.1'1"11I:: or bt'IUl: lOPlI1p:ltLldt! ("\' l';-~l::tlllf. Llml \t:~l':: In (1:1' ;11',';1
,lllll h'illl1pC IIvl'rl'urdl'i\ pul,lil..: ::t'r':in'::.
NOU. T(lI':IU':F~)(i,l':o 1',1': IT t\E::;~1LVEn TII^T TIII~ \"lll'l ill l'Lll1l1[llr. 1:1'1'~mi::::illll d,',,:~
111' r~.1 ": r i llll. (Ilill::
il) l:llll::(-r~\\ot-iot\ (II: tiE' IIi'''' \'l'ldt:l_p ~;tl'r.l:'o(\ tol ill"l';l !":~'l"':f'!: til" I'u:'lic
11(\1'",1 h.\O 1....p...idi1l1: [\ll" ('ht' ('~I,.IIl::tlll\ l'[ ill1 ('Xr~t"li1r: ;I\lt-"I\I\d..lll' dt':1lpn:llll'
{'ii" ill t:, .
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ATTACHMENT ~.2
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b) ,he use will be properly related to ocher land uses, and
transportation and service facilities in the vicini~y. as the proposed uses
~lill be com?a:i.ble Co said land uses. "and transportation and ser/ice facili::e.3
in the immediate vicinity.
c) :he use will not materially adversely a::ect the health or sa:e:y
of persons residing or working i~ t~e vicinity, or be materially de~=i~en:al :0
the public ~elfa=e or injurious :0 p:o?erty or iffiprcvements in the
neighborhooc, as all applicable regulations will be met.
d) :~e use ~ill not be co~:=ary to the specific intent clause on
Derfor~ance s:~ncards established fer the district in which it is to be
ioeated, due to t~e Planning Co~mission deter~ina:ion chat the project is 0: a
"ter:lporary" :".acl..:.:-e and not subject co the same le.,el of revie'.l as lIpe:-::.ti~e:::
projects,
e) _~e a?p:-oval of the ?rojecc as condi:ionec is in the bese in:a=es:
or cne publ~c heal:h, safety a~d ge~eral welfare.
f) G~~eral sice considerations, as condicioned, including
orie~:ation, vehicular access, circ~lai:ion and ?a=~in6' have been
provide a cesi:-able enviro~~enC fo= C~2 develo?~enc.
sice la.:;c-...::,
,. .
ces:.g::ec:. ""'"
g) .GC;.2:a: projec: la~csca?i~g ~=~V1S~C~S :or ir=igac~:~, ~~:.~:~~~~=e
a~d pro:ec::c~ 0: ~andsca?ed areas a::c slmllar el~~en:s as ~OGi:lec oy :~e
?,_........;~_ C.....--;-s'o~ h-v~ b>o~ c"""'-;c'.=,---,>..z -0 ;~S"-~ '.~sua' --.=,1~.:>= a~c- -0
. ...c:.':'.''''.'5 ........._=> _ .:.. do "". ""_.. _..=>_ "',-""'- \... :,1 ""._'_ _ ..____.l, .. ...
provlde a~ a::=ac::v2 enVlro~~en: :0 :~2'puDllC.
h) T~e projec:, as co~=i:io~ad. is consis:a~c ~ith c~e po~:cles
coneained i~ :~e C~cy's Gene:-al ?lan a~d Do~~eo~n S?ecific ?la~, basec C~ :~~
?lar:.ning CO:::::iS5i0:1' 5 ce:e~i.1.ina:~c:1 :~a::: the use is or a "tc!:!po:-a::711 :".a:'..:r= .s.:-.d
;::'e use coes :-.0: ~-...:alify as a "?a=k~~g loc".
i) 7he ?=ojec': is noe a llb~~:ding or s:::-",:,c:'..::-e" wlt:::.n the t::ea.~::-,g ......
Orci~ance L~-S7 C~ O=clnance 11.S3 a~c ~~e p~ojec::: ~ould no: sign~=:can:::::
increase tra:.::.c ;:0 a level .....hic~ .....cu!.d necessita:~ t.he dec.icaeion of :'..l:-...:ra
righ;:-of.,;~'ay \.::"..:.er Ordina:1ce ll-SS. The projec': c~n therefore be aD"Jrc',,-e-:. -..
:~e ?roposec lcca:icn anc wi;:~ou: cac:ca:::ion of ri5~:-of-~ay.
BE IT :UR7~E~ RESOLVED T~~! T~~ Planning CO~7.ission ioes he=e~y
conci:icnal:y a??rove Cor.ci~io~al tse Pe~~it ap?lica:ion ?A 53-139 as S~C~7. 0;
ma:::erials la~elec ~xhibi;: A, on file wieh t~2 Duolin Planning De?ar:~e~:,
subjec: to :~e follo~ing concit:ons:
CO~;~IT!ONS C? A??::.OVAL:
C~less s:a:e~ o;:~er~:.se. all Co~ci:ie~s or AD~ro~al shall be co~=l~ec
D~io~ to iss~~~ce of ~~acin~ ne:~i:s and shall be s~biect to ?la~~i~~
Deunr:~en: =a~ie~ unci uouroval.
1.
Develc~::e~: or the vehicular s:o~age and e~?loyee/cus~cme~ parki~3 a=e~s
:~.:l:l &e~a:'ally confot'!D .w!.~h c~: pl.:ms prepOl:'~c. by :It.:::'~er' & ~a~bi: Ci'.'il
~nGl~~e=1~5. Inc., cons~s::~g 0: 1 sheet c3tac recelvec by Du~l:~
D'~-n;-~ u-.. '0' '989 a"d ';-~~~-lU-' f-o', l'o'oo~'n. SOI-C-SO. ~pC'
.. _....:. -':b ..~L_Y .... : -. _ --.--.......... .. ,. . - . "~".'" .. - ...~~...... .
ll.:l:l:..;.':".::cs CC:"'.SlStlI".[; or: 5 s:...cC:~s, nnd d:lt:~~c rccelvcd by DUO;,l:1 ?l:.:-:.:-.:::..c.
D(~p.:1r::::c~: November IS, 19$5. Collc.:ctiv~ly. c!1cse m~,cc:.-i:ll~ sh~...ll s\...:.....\~
.,~; "E.:'::iL!)i:: :\" (or this p:"ClJ\~C: n:1U sh.,11 b(! !::.:\int:ail~cd 0:1 fi.le .....i::~ ::..~..
Pl.'l1:j~rli; !~\:p~H':':illl:t\:':. DL:vt:lllr-:::cnl: of t:h~ ('x::.:-rLor v~hiclc Sc.o::";'li~~ n~\';\
.c;h;11t :.-{:~'lt,;c:; c\ic ch:ln!~~S c:ltlctl for in t!tL'S\'" Condlt:Lon:: 0: APP::OV:lt.
.,
^pP('f)';:ll rOl' thn Condlt:Lot~;11 tJ:a~ l'{:nnlt: ::h:l111)\1 \ll1t:it .Jul;; 15, t')I;O.
TIH' ilpp t.o....., t Pl.r totl [or t!l\" r.1l1!d l t: lOIl:11 t::~\. !'\'l'U1l t 11\:1)' lH~ c':.:t:cnd\.t! f(,l L" \q'
[:0 n.m Illl,,,)"\'ar ll:.:t:ol1::l\lU:: (:\i1pllc':lI1t lIiu::t: ::\:umlr. a \H'lu:('t\ L'l:qU\.:;t; [(1~'
tlw 'l';.:t:(:\l:.:lon prioJ~ tu tlw C"xplratlon d~lt\' or tho CC1ndltlol1al U::C' l\'l.:::::t:)
by the l'l;lIHlil\~ 1J1rnctoL" upC'1\ hl.~ d(ltl!l'lIIll\.I~.i~)1l th.,t: tIll' Conditi~lll:'; 0~'
l\pprov~ll l'1'1::aln :ldt'(lll;lt~' to ;t:';~\Irtl tllilt till' noovl" H 1..1 t:ml flndlllr.:; .....llt
(,:l1l1t-LIPII' ti.' hl' 1II11t:. If cl'n::t-rul:Lf.ul1 of tIll' l'L'oJpct h;l~ Ilot cOI11::Il'llced b.\'
Jul.! l:i, l')'lP. tldH "PPL'(l\.;tl ~:Ilitl1 ba l1ull .md vold. lh.'\'l'lCljlUll'nt sh..:ll
I'l' ~';lIl'J'-'c\. t.\, till' 11~1't'd l"l'I:di.::inll!; bolln...
\.
~itl' 1)1''11.1p!'1l11'l\t: I{l'vil"'o/ i'l'I'l'I''''ill rl'l.' tllf.:: l'r~'Jl'l.:t: :.;!I;111 1,C" ~;C"clll"l,d "ril'r
('(,l j !';S1.I;llH:t> I'll' flllJ cun:;t'n1l.:r h'll I'L\L"lIItl:S.
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DAG'"'\ or: 41.,
1(,_....1_
4. This Conc~:ional Use Per~it shall provide scorage/parking for up to a
maximum of 118 vehicles,
5,
All t~o-~ay t~avol aisles shall be a mini~um
aisles shall be a rninireu~ ~:dth or 20 feec.
shall be a minimum or 18 fee: i~ length anc
spaces shall be a minimum lengch of 16 feet
35% 0: t~e parking may be for compact ca~3.
shall be marked for "small car" or "compact
hicl:h of 25 feee and o~e hay
F~ll sized p~=king spaces
9 feet in ~id:h. Co~?ac:
and ~idth of 8 feet, Up to
A~l spac~s fo= compac: cars
car".
6. No pa:,k:r.g is pe=mitted wit~i~ the public righ::-of...,.:;.y.
7. This Condi::ional Use Pe=~i:: shall be void if a~y of t~e ter~s or
condi:::ons of the permit are violated. Any violation or the ter~s 0:'
conditions 0: the per~i: shall be s~bject to Citation.
f,?CEAEOLOGY
8. If, du:,ir.g g:'adi~g aCC1Vl::les, archaeological =e~ains are encou~::e=ec,
constr~ct:on in the viciniey s~all be halted, a~ arc~aeologist cons~l:ed,
and :~e City Planning Depar~~ent notified. If, in the o?i~ion 0: :~e
archaeologist, the remains are significant, 4.=as~=es, as may be rec~i==c
by the Pla~ning Director, s~all be taken to ~:ocec: :~em.
D?,.A!~;.';'G::
9. A g~ac:~g a~c crainage plan s~all be prepared and stall be s~b~i::ec :~:
revie~ a~~ aDoroval bv t~e C::v engineer. Ca:c~latic~s (h,c=a~l:~) s~a"
be pr.=>"':="'~": by' the De~.e'o')e- -F~- "'eH':~.J b" r"-e Cl'-" ':'-e-i"'e:- "'0 c..=>-.::.-....:::
_.:-__0:::;_ . ... . - - .... ... '-- J." '-} .....::J-.. -- '- -'---...-...
t~e si:i~g 0: the crai~age li~es. The ~ini=.~~ and w.axi~u~ gracie~:E 0:
the r.e',,; ~a.=;:ing area should be si..:.~jec: to :e.:i,e..... anc 2Do!'0.:al by ......= Cic',;
t:-.glnee: .
10. Conce~::a:ac crainage s~all -~- be di,rec:ec onco aCJace~~ ?=o?e=::as,
sice~a:k5 a~c drive~avs.
11. ~~er: sto=~ wac:r flo~s ~gai~st a CC:~, a c~=b.Yith g~::e=. s~al~ be. usee.
TDe :~O~ 1~~e or all as?~alt ?a~ed areas ca::;:~g ~a:e~s s~a:l oe s~~:=y
sealee a: least three feee C~ either sice 0: t~e center of t~e s~a:e.
D~3~!S/DUST/CO~:S7~~CTIO~ AC:IVITY
12. Meas~~es s~all be take~ to c:~eain all trash, const=~ct:c~ ce~~:s, a~~
ma:e:,:als c~.siee until cis?csal off-site ca~ be a~~a~ged. T~e Devel:?e~
S' '1' '.~- -..;J'oini....... DU....'i,.. s--~--s f~-e - c' c'.:l- : -,... :~,..- .:-- _....:
f"..... _ fo,.=~? ~.... ._ :"5 '. oJ__.... ....__:::1,.. _C ~n. _.:.::.n 0_ r'_C';C__ ~__""'. 1.._-
a~d ~a:e~:E;s cu~~ng ~ne cO~S:=ucclcn pe:'loc. lne De~alo?er snall ce
=es?o~si~le :0:' co=:ec:ive ~easu~es at no ex?e~se to :~e City of D~::i~.
Areas c~ca=fo~ng graci~g, a~c all o:he~ co~s::~c::ion activities. s~~~l be
~a:e=e~. C~ o:~e= d~s:.palli~::ve measures cse~. to F~e~en: c~s:, 35
CO~C:::0~5 ~~:=ane.
E:\S E:-!E~!TS
13. The e':lvcloi=c:,- shall acq~i:'-13 e:tser.:cnts, and/o,:" obtai:-. :-lG:1:s.o:-en:=y ::0::1
eh" ~"::.:lcc'''- p-opc'..... 0...'....5 Fe'. imn'.o\'cr'''''-s 0" CO'"''-'-''C-:O''' ~c-~...;-..
_ <o.:.~,::J.1 :.: '-1-1 ..F'-:.t.....;.~:;~..--- _ l..,...~~'~..'" .:1....'.";-:. ....-.... ........:~_.:
tCql._...cc.:. od....slC.c 0.. ........: .,;o~.:;J":C'- p..opc..........:..... CO:,....:5 0_ ...nc ..:.:1SC...CI....S
:1l1c.1/0:~ riD:~:$.o::.cn::t.y 5~1~111 be furnished. to :!~(~ C!.:y E:1!,;i:1~~Cr.
FIRE !'!WTEr:TfO';
1/1. Prior to !.:i;i1.l:1I11:l: o[ C(lI1::::r\t~:::lull pt:nllt~:~;. rlh' I.k\'lllo1Wt" ::h:ltl ;,llppLy
\"rll.(-I'II 1:~l:\t.lrlU:tt:illl1 U:,lt: tlh\ r~:q\tlr~'llI\'l1l.:: ('( : 1 h.' 1J'lu~:hl:n:;; RlT.i.~lI~~;l. Flt',.
:\\llhlll.'Ll..'l h;IV~! beell, ot" ......lll !,\l, 1I1l:!:.
l:l~:\Il[~jl: I\~:/) f't\Vl:\C
l~i, t\ r,t';\fII.I1j". !'\'rl11lt !:llilll bl' (lht.dlll!d from thl' I'dltil: \Jnrl:~ nq';~rt:lll'll~ [('r
"t l lIll ;Inti prr.t:ll:(\ r.r;ll!Ll1f..
.) .
PAGE~Of~V.
i:-
15. The parking and driveway surfacing shall be gravel upon a base rock.
Ciry Engineer shall rerain revie~ aurhority of the project's struc,ura:
pavement design, The Developer'shall, at his sole expense. make tests 0:
the soil over which the sur:acing and base is to be consc=uc:ed and
furnish the test reports to the City Engineer.
17. An encroachment permit sha.ll be secured from the City Engineer for a:-::
work done within the public right-of-way,
L;tiDSCAPING AND IRRIGATION PLAllS
18. A detailed Landscape and I=riga.tion Plan (at 1 inch - 20 feet or larg~~),
along .i:h a cost estimate of the work and rna~erials proposed, shall c:
submic:ed for review and appr07al by the Planning Director.
19. A 10 foot .ice landscaping s=r:? shall be installed along both t~e ~es:
and east property boundaries 0: the property and shall incl~de 15-gallc~
sizec crees (.ith a minirn~~ planting ratio 0= o~e tree at 25 linea~ :ee:)
anc shall also include clc~?ed plantings of shrubs (with a reini~u~
planting ratio of one shrcb at 5-linear feet).
LIGHTING
20. Exterior 1:6~ting shall be 0: a cesign and placement. so as ~ot to ca~s=
glare onto acjoining prope=~ies and should p=ovice a ~ini~cm of one :=~:
canele of light a~ ground le':el for the entire storage/?a~king a=ea.
p~otoce:=:cs for area ligh::~g shall be submitted to t~e Planning
Depart~e~t a~c the Dublin Police Services fo= reviey and 2??=oval p=:c=
to ehe issuance of a grac~ng pe=mit.
STCRAGE A~;D EXIE?,IO?, ACTIVITIES
21. with the exception of s:orage of vehicles anc c:~or vehicle pre?a=a:i:~
work, no exterior de~ons:ra:ic~s, displays, serJices, O~ o:~er activ:::es
shall occ~= in the r.e~ ve~icle storage parki~g a=ea.
22,
~ashi~g vehicles with any ty?e of detergent 0= cleaning a5e~: o:~er
~a:er is ~ot pe=mitted.
HISCELL;NEOCS
23,
All i::.?,::,c.;e;::ents shall be i:-.s:alled as per t:-~e app=ovec la:-~csca?ir.6
i==igat:on pla~s and the c=a:~age and gracing plans p=ior to ~se 0:
p=o?osec vehicle storage a=aa.
a:-.G
24. A Mas:e= S:=:?:ng Plan fo= t~e proposed vehicle storage a=ea a.._
acjoi~:~g parking and d=ive~ay areas s~all be p=eparec a~c s~~~:::=~
t":1e Dc'le!.ope:- for- revie',,: a:-.c. a??roval by th~ ?la:-..nir.g Di=ec:::::=. .I.;::S
pla~ shall ce:ail all ~:=i?in5 and drive~ay aisle loca:ions.
2j. A ?a:-k:~g plan for the en::=e car dealership facility shall ba p=e~~~e=
and sub~i~:ec by the DeveloFer detailing tha r.u~ber and loc~:io~ 0: :~e
follo~i~g assignad pnrki~b a=eas: ca= dcalership custo~c:" p~=k:nbl
C!:lp lo)'ce p~l=ki:1g, service c-..:.s :.omer parking, a:1d vendo:jvis: :0::" ?<!.:~:.::;.
26. AP?ro'/:ll fro," ACFC & lieD. Zone 7 shall be secured by the D.,'.'elo?or . .,,,
CO(~t\(:e:iol\ into their s~o~rn d~~in~Gc syscc~.
27. Th~~'l.'c .....tll ue: no vo.hlclc p:\rking or stor!nc oE m:1t:cr!.~lls loc~:ec! 0~1 :.:~:(~
U(:.<.Il~v,:lope~l :.:outhnrn one nero portion of the proJce:: .Cjit:l~.
l'ASSED, Al'l'ROVSD ANIl AIlOt'TED t:ld:l 5th (\;lY or J\lly. In?,
An:s:
NOES:
ADSENT:
COllllul:n:lonor5 UarnC's. Bucnh.1I11, Ol.am nnl! Zlk.'l
Nono
COlllllllt;siOl1t1l" N;H.:k
1'lal\1\ 1 uf. C(1lm01.:;::; l~ll1 Cll;\ l rj'pr::,'\l
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JUL 27 199?
"'IOl Goldcl'\ b~ Dr-
DUBLIN PLANNING
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7544 Dublin Blvd.
P.O. Box 2010
Dublin, California 94568
(510) 828-6500
Description of P=oject
''''.. .
- I _ ~
A vehicle storage lot with-235 parking spaces to be
used as employee parking and storage of vehicles on
1,98 acres, Black-topped and striped. with landscaping.
Contact my attorney, Harvey Levine at 460-3700 if you
have any further questions regarding this application.
ATT ACHMEHT Z.
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t': i PERLE iAicmTias' INt.
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CITY OF ,DUBLIN
PUBLIC WORKS DEPARTMENT
100 CIVIC 'PLAZA
DUBLIN, CA 94568
[4151833-6630
GRADI NGPERMIT
APPLICATION N).
89-7
DATE
12/7 /89
PERMITIEE
PAT COSTELLO, CROWN CHEVROLET
PHONE 828-6500
ADDRESS 7544 DUBLIN EOULEVARD, DUBLIN
LCCATION OF PROPOSED IDRK SAME J..s APDVE
TRACT OR PARCEL MAP NO. 941-1500-032
Type of Grading Authorized:
E:J Regular ~ Engineered
~
Pennit
$
Quantity 5,055
C.Y.
Inspection Dep.
+ prevo bal.
Surety:
$ 2,000.00
4,424.95
Tenn of pennit shall not exceed:
GJ
o
o
GJ
120 days from date of issuance
Cash $ 5,000.00
Eond $
Concurrent with tract contract
Other
TOTAL: $11,424.95
Final C~otechnical Report Required
Record of Payment:
$ 11,424.95
Rec I d 12/6/89
Receipt No. 44690 By qr
This pennit is issued subject to ~~e terms and conditions of City of Dublin Ordinance 56-87
(Grading Ordinance) and to the application and approved plans and specifications mace a
part hereof by reference. The Grading Ordinance and the approved plans and specifications
are by this reference incorporated in this pennit as if set forth at length. No change of
any nature in the application, the plans and specifications, or in the work to te F€rforrr.ec
there1.illder, shall te rrade 1.illless s;:ch change shall have been first approved in wTiting by
the Director of Public oorks and 2.J."1 arrendrrent to this pennit executed. It is fur""..ner
provided that sufficient dust and noise control l:::e eIrployed at all times and that a soils
engineer shall te on site (see Final RejX)rt Declaration attached). Additional conditions
are as follows:
Agreed and J..ccept d
Approved for Issuanc
AIT ACHMENT f'"
~~t f ;J 5'
OM';' \~ {j~ 4~
FINAL GRADING REPORT DECLARATION
Section 22.13 of City of Dublin Ordinance 58-87 (Building Regulations) and
Sections 34 and 40 of City of Dublin Ordinance 56-87 (Grading Ordinance)
require the following in a final grading report:
1) An as-built grading plan prepared by a registered civil engineer,
including original ground surface elevations, as-graded ground surface
elevations, lot drainage, and location of all surface and subsurface
drainage facilities.
2) A complete record of all field and laboratory tests, including location
and elevation of all field tests.
3) A professional opinion as to the safety of the site from the hazards of
land slippage, erosion, settlement, or seismic activity.
4) A declaration by the Geotechnical Engineer or Engineering Geologist in
the format required by the City Engineer that all work was done in
substantial compliance with the recommendations contained in the soil or
geologic investigation reports as approved and in accordance with the
approved plans and specifications.
The declarations shall be as follows:
1) Special Inspector's Report:
"I declare that based upon personal knowledge (personal continuing
observation of construction work in all stages of progress), work
performed and materials used during the grading operations described in
this report are in accordance with the plans and specifications for
this project as approved by the City of Dublin City Engineer."
2) Declaration by Civil Engineer and/or Engineering Geologist:
"I declare that all work for which I have professional responsibility,
performed during the grading operations described in this report, was
done in accordance with the recommendations contained the the soil and
geologic investigation as approved by the City of Dublin City Engineer
and the approved plans and specifications.
"I further declare that the special inspector(s) whose report(s)
appear(s) in this document were under my professional supervision, and
that I have reviewed his (their) report(s) and find it (them) to be
correct to the best of my knowledge and belief.
These declarations shall be personally signed by the responsible civil
engineer and/or engineering geologist. The signatories shall include their
California registration numbers.
AlTACHMfNT ~
r4Jc. z .I S'
PAGE .!i- OF ~'l..
~
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',-
CITY OF DUBLIN
APPLICATION FOR GRADING PERMIT
No. 89-7
APPLICANT
RECEIVEO
JUL 1" -9
( J 89
~URUC WOR
ks
Pursuant to Title 7, Chapter 9, of the Ordinance Code of Alameda
County as adopted by the City of Dublin:
Name of Applicant:
'?I-\' <::<!:,:<?-r E.U:..-D
'D \Je'=>i-.-\,J '0\...-00,
Address:
"1 '5L\4-
(4l S' ') ~ '2.fl -0$'00
c.fZ<<:,;\A.,rJ z.t-\ t:=:\J,?,cA-:S:T'
Name of agency, Company, etc.
Telephone:
Representing:
J':
J,..
Hereby notifies the City of Dublin of proposed operations to be
carried out by me, or the organization I represent,
LOCATION OF SITE TO BE GRADED:
CL'iC7-7 t\CL-D~J (If\---re-~'?\\.'..E:-
ASSESSOR PARCEL NUMBER:
q4'~ - Iceo -<::'5'2..
\ \--- -
The owner of the property is: \'\JCCl.VIS'j::.--n:-<'..J tr\o'v\\L y' ---tvc'ST
whose address is: 1';"44~ VUe.ltrJ :e-,.l.-\.!.t:> ,
Name of person who is respons~ble for operations at the site:
PAT' (' ......'<s:'.-ra.t .0
He can be reached at: "lS"4Cr- Dv\:Xl~ t....,C.\...'D,
Mailing Address
Telephone No. (4\>:) $'l8 -lC,S:"CO
'.
INFORMATION FOR GRADING PERMIT APPLICATION:
.j
-I:
1.
Purpose of the proposed grading operation: {,~-AiDF-:-
-7
'-
CktZ.--- ':;<:,c'C'.-,z:v", ~
<:c.l., t::' t:>e.t2..- \I"'.f:'-_ ~z ,\II 1\ A pf'7p-C'.'i} A-L-> 0€-
2. What is the maximum vertical depth (measured from the
existing ground surface) of the proposed cuts or fills that
will occur on this site:
cut depth ? feet
fill depth 4- feet
3. Quantity of grading to be done cut '5 'i! co cu. yd.
(Provide rough calculations) fill h.S's cu. yd.
\
:-'Ka-- 1-,.. b \., I,
~ ">'1' v r. (,(.. c'<l 0.1
r "',.... r;.4. 'I h Hu...- c c:t <;-~
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n.............. ,
1ir1CHter ~
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4. Amount of material to be exported from site: cu, yd.
Location of borrow site:
5. .Amoun t of material to be imported to site C' cu. yd.
Location 'of borrow site:
6. Describe the equipment to be employed in excavating,
processing and in transporting finished material from the
site. List the numbers of each.
Dozer
Front End Loader
Scraper
\
, Grader
Dump--Truck
Tractor & Trailer
Other (List)
";-.':
--e-
Number of offsite truck trips per day per type:
Number of days to be hauling off-site:
7. Describe dust control measures.
I \J t\~e- IV, '('"-~
8. Describe noise control measures.
9. Describe points of access to public roads to be used in
transporting graded materials and connection routes to
freeways to be followed. (Attach map if necessary).
rlCL~~ I',t'(~ t?V--
10. During what days of the week and hours of the day are
grading operations to be conducted?
.
i\\, (",f.,J biTT
'1l-\<\..1 ~.\2.I_ Pr\"{
.~- :;,
11. Grading is proposed to begin on
completed by 9-1-8'\
(Date) .
~ -\- "'1 and be
(Date)
,/
Intermittent
Operations will be: Continuous
Seasonal
; other
(E:<plain)
Arr ACHMfNT '?
r,c. 'I,f F
Page 2
,.,,- 2,..\ __U"l
;;.;,;_~!: _ Ui' ~
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'......'
12. Describe measures proposed to protect the graded site from
overflow of adjacent streams. (If applicable)
13. Is there reason to believe that the excavation will extend
near or into a usable water-bearing stratum? 00
J
If so, describe, by attaching a detailed description of the
measures proposed to protect the quality of the water and to
maintain the transmissivity or area through which water may
flow.
14. Describe other activities and land uses that will occur on
the site, whether or not associated with the grading
activity.
It is understood that any permit issued pursuant to this
applic'ation will not grant any right or privilege to use any
building or land contrary to the provisions of law or of any
ordinance of the Ciyt of Dublin. All provisions of law and of
ordinance governing the use of the aforesaid building or land
will be complied with whether specified herein or not.
In consideration of the granting of a permit pursuant to this
application and other good and valuable consideration therefore,
the undersigned agrees to indemnify and hold harmless the City of
Du~lin, the members of the City Council thereof and their
of~icers, employees, agents and servants and each of them, from
and against liability for injury to or death of persons, and/or
liability for damage to property arising from and all work
therein permitted or incidental thereto or which may arise from
failure of permittee to perform the obligtions of the Permittee
under said Permit with respect to maintenance thereof.
I attest under penalty of perjury to the truth and correctness of
all the facts, exhibits, maps and/attachments presented with and
made a part ,o.f 'fj}is/a . ica~i9n:! .
/,._______ _/ J~H
Signed /' .~/ .-::tf;;;/ , Applicant, Date
Mailing Address --1S"\{ y: D....l (. "1 skc!
\).l(,'I
Phone
'1-l--{-21
f,,-~ -&S-CO
C--A
~ "I ("bf:
P lease enclose (2 minirnuul) Preliminary
Grading Plans that are in conformance with Section 7-113.1
of the Alameda County Ordinance No. 82-17 as adopted by the
City of Dublin.
All ACHMfNT 5"
p~, ~.f 5'
","'" )..1- (,r: 41...-
".,,- ,1\ .___
Regular Meeting - June 5, 1989
A regular meeting of the City of Dublin Planning Commission was held on June
5, 1989, in the Meeting Room, Dublin Library. The meeting was called to order
at 7:30 p,m, by Cm, Barnes, Chairman.
* * * *
ROLL CALL
PRESENT: Commissioners Barnes, Burnham, Okun, and Zika; Laurence L. Tong,
Planning Director; Maureen O'Halloran, Senior Planner; Laura Hoffmeister,
'Associate Planner; Trudi Ryan, Project Planner and Gail Adams, Planning
Secretary.
ABSENT: Commissioner Mack
* * * *
PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Barnes led the Commission, Staff, and those present in the pledge of
allegiance to the flag.
* * * *
ADDITIONS OR REVISIONS TO THE AGENDA
None
* * * *
MINUTES OF PREVIOUS MEETING
The minutes of May 15, 1989 were approved.
* * * *
ORAL COMMUNICATIONS
Dr, Zev Kahn had concerns regarding the construction work being done on the
weekends near his home, He indicated that the problem has been occurring for
several weeks and starting as early as 7:00 a.m, He would like to see
something done about the problem and asked what type of penalties could be
issued,
Mr. Tong indicnted thnt construction work can bo approved by tho City En&ineer
for after hours and woekond work, He indicated that the City has a noise
ordinnnce whero n misdemoanor could be issuod nnd the Zonin& Ordinance could
cmwo n infrnc tion,
Tho 1'lnnnin1) Commission l1!Jkod Stnff to lookod into tho mattor nnd havo
communts back to thorn by tho Juno 19th mooting.
***********l~******************************************************************
\taBular ~lllotil1l) PGN-ll-n Juno 5, 19l19
A TT ACHMfMT b
PAr-I=' '2. ~ nr ~"2...
RESOLUTION NO, 89-021
APPROVING PA 89-045, VALLEY LUTHERAN SCHOOL CONDITIONAL USE PERMIT APPLICATION
TO OPERATE AN ELEMENTARY SCHOOL AND PRESCHOOL WITHIN EXISTING FACILITIES
SUBJECT:
....----
PA 88-139 Crown Chevrolet Conditional Use
Permit and Site Development Review for
exterior car storage and employee/customer
parking on approximatelyi 1.97 acres of
vacant land located on Golden Gate Drive,
south of 7544 Dublin Boulevard (continued
from the April 17, 1989 meeting)
Cm. Barnes opened the public hearing and called for the Staff Report.
Ms. Ryan indicated that the Applicant was requesting approval of a Conditional
Use Permit anbd Site Development Review to provide the additional storage area
adjacent to the existing car dealership site, This item was before the
Commission in April and the Applicant had requested that the item be continued
in order to evaluate other alternatives to the project,
Ms. Ryan indicated that the policies of the Downtown Specific Plan require
parking lot developments to have adequate landscaping and any additional
development to be able to screen service use and landscaping.
Ms, Ryan indicated that Staff had recommended 20% of the entire lot to be
landscaped, She indicated that the Applicant has now submitted a revised site
plan for storage of 118 vehicles and it deletes the employee/customer parking,
This plan uses only the northern half of the property,
Ms. Ryan discussed the right-of-way conditions for the proposed parallel road.
She indicated that 68 feet of the parcel at the northern edge is part of the
adopted plan line, Ordinance #44-87 makes it illegal to construct a building
or structure within the right-of-way.
Ms, Ryan indicated that the definition of building/structure includes
"required parking", The additional parking/storage is not required, therefore
is not defined as a building or structure and can be located within the plan
line, The Applicant would not be required to dedicate or improve additional
right-of-way as the marginal additional traffic would not warrant it.
Ms. Ryan indicated that Attachment 5 of the staff report showed a landscaping
scheme which would meet the intent of the Downtown Specific Plan, She
indicated Staff recommended that 20% of the surface area of the parcel be
landscaped as a condition of approval for the Site Development Review.
Ms, Ryan indicated that the purpose of landscaping is to screen the parkin~
areas from adj acent properties and the public right-of-way,
Ms, Ryan indicated that the Applicant was requosting a 5-yenr Conditional Use
Pormit npproval, Stnff's policy is to approvo a now usa permit for only ono
YOllr nnd nllow up to n 2 yenr's oxtension by tho Plllnnlng Dlroctor.
******************************************************************************
ltl'gulill' Muuting rCM-S-SO Juno 5. 1989
., ~- '2.\..\ ljr. \{2-
~~ r' _ v; -"'--"
Ms, Ryan indicated that Staff was recommending approval of the attached
resolutions for a Negative Declaration, Conditional Use Permit and Site
Development Review.
Cm, Burnham asked if Crown Chevrolet was now planning on using one-half of the
vacant area,
Ms, Ryan indicated yes.
Pat Costello, Crown Chevrolet, discussed his concerns over additional
landscaping, fence location, surface material (paving) and curb construction,
He indicated that he did not want the added expense of landscaping and curbs
because of the plan line that had been established.
Mr.. Costello discussed his proposed storage' area. He indicated that the fence
would be in the back area, He wanted to use gravel rather than blacktop
surface, The front half would only be used for stora~e.
! ...
Mr, Costello and the Planning Commission discussed the alignment of the future
proposed road,
Mr, Costello indicated that the parking was not for the public's use. It
would be used for employee parking and a vehicle storage lot, He asked Staff
if the Site Development Review standards that were attached to the Staff
Report were standard conditions or directly related to his project,
Ms, Ryan indicated that these were standard requirements to provide curbinb
around all parking areas, which would assist drainage on and off the site.
Mr. Costello stated that he did not see a problelm with the drainage. He
reiterated that the lot would not be used for public parking. He indicated
that since this pro;ect would be a temporary situation, he would like to
gravel or blacktop the area.
Cm, Zika asked why the Applicant could not build on the back part of the lot
instead.
Mr, Costello indicated that he was not building any structures. He wanted to
have additional parking considered for a interim time period.
Mr. Costello indicated that a cyclone fence would be erected. The Police
Department indicated that a 10 foot fence would be auorouriate, however, if
someone wanted to get into the property, they would cut througoh the fence.
The higher fence would not do any good, but would cost more money to fix, ~
believed a 6 foot fence would be adequate,
Ms. Ryan indicated that a vinyl-clad fence was required. This would be a
chain link fence with vinyl,
Mr, Costollo indicated thllt the Police Department's intent WllS to be able to
~;eo through the fence, keep the area visiblo.
M:l, Hutty W()olvortoll J.ndl.clltcd that it would not bo nppropriatc to two tho
bm:k lot 1111<.1 hllva II Vllcnnt lot in botwoen tho existing lot and tht1 now nnw,
******************************************************************************
l\o!)ulllt" Moot1.ng rCM-B-BI JUllO 5, IlJlJlJ
,;;. 2..S r: "\2--
._0, ...,,_..
The Planning Commission and Applicant discussed the future plan line,
Mr, Costello indicated that he had no plans to build anything until the road
had been constructed. other than the parking lot for their own use, The
expense of building curbs did not make sense.
Cm. Barnes asked Staff if the timing of the use permit an issue,
Ms. Ryan indicated yes. Applicant was asking for a 5-year use permit where
Staff would not typically grant a 5-year use permit
Mr, Costello indicated that if the road was not going through he could see
abiding by the standard regulations, He indicated that the reason for the
fence would be preventing people from dumping materials on to the lot,
Ms. Ryan summarized the concerns and issues, The Applicant's concern was not
to have unnecessary expense to improve the property, however, if the City
bought the property, the improvements would be compensated to the property
owner. The Applicant indicated that this was an interim use, however, all
Conditional Use Permits, in a sense, were on an interim basis, There was no
guarantee that the use would be allowed to continue after the permit expired,
Cm. Burnham asked what the cost of landscaping would be,
Ms. Ryan indicated that the figures were not available. Attachment 5 of the
Staff Report showed 8700 feet of landscaping, however, not all of the area was
within the right-of-way.
Cm. Burnham had concerns on the cost effectiveness of improvements.
Ms. Ryan indicated that this was not a policy question. The Downtown Specific
Plan specifically addresses the requirement of additional landscaping,
However, it does not address the issue of the proposed plan line issue.
Cm. Barnes asked for clarification on the Police Department's requirement for
a cyclone fence.
Ms. Ryan indicated that the Applicant was requested the construction of a
fence, The Police Department asked the Applicant to consider a 10 foot fence
because of break-ins that were occurring in the area. This is not a
requirement, only a suggestion.
Cm. Barnes asked if the intent of the Police Department was to have the site
remain visible to them,
Ms. Ryan indicated yes, the Police Department did not want vehicles parking
along the fence because of possible vandalism.
Mr. Tong indicated that this WllS II similar situation liS Shamrock Ford when
they oxpnndcd thoir facility,
CIIl. Burnhf1ln tndLclltod thllt ho (lpprovod oC tho 6
c()l1ntrt\(.:tlnl~ IHl nSl'lllllt or gravol pnrk1.11g lot,
add l tiolla 1 oxplln:;o 0 f llllHJscapill!) {llld curlm,
foot cyclone fOllCO {lS well as
Ilo\~l'vur, ho <:ouldl1' t ~;e(~ tlw
******************************************************************************
Rl'sulal' Mooting
l'CM-8-62
.JU110 5, 19119
PAGE ldL or ~'2..
Cm. Zika asked if the Commission could request th~ Applicant to do additional
work on the property after the use permit was approved. He would like to see
a 1-2 year permit.
Mr. Tong indicated that existing policy requires 20% landscaping, standard
~sphalt, and curbing. The Commission could put a time frame on the permit ar.d
phase in the landscaping requirements,
Cm. Zika indicated that he would like to have the use permit for no more than
3 years. The City would probably have a better handle on what Bart would be
doing. He indicated that the Applicant should not have to spend a lot of
money if the area was going to be re-constructed.
Mr. Tong indicated that a lot of factors have been raised. There would be
approximately 118 vehicles stored on the lot. This would be approximately a
million dollars worth of inventory, He compared other residential and
commercial landscaping costs and requirements.
The Commission and Staff discussed the Enea's proposed development on Amador
Plaza Road.
Cm, Burnham indicated that he had not problem with the cyclone fence, gravel
or tar, and minimum landscaping requirements.
Cm. Zika concurred with Cm. Burnham and indicated that a 2-year permit would
be adequate, He would like to have the issue come back to the Commission in
two years and at that time maybe Bart would have more construction time frames
available,
Mr. Costello indicated that was okay with him, He would like to use the lot
now.
Cm, Barnes closed the public hearing,
Ms, Ryan discussed the landscaping issues, She indicated that the Commission
could 1) adopt the Staff's recommendations or 2) eliminate some of the
conditions requiring landscaping, curbs, etc, and continue the matter so tha~
Staff could restructure the resolutions,
The Planning Commission discussed the continuance of the public hearing and
recommendations.
Cm. Zika indicated that he would like to see a one-year permit with a one-yea:
extension, eliminated some of the landscaping around the peripheral of the
property, He had a concern over the gravelled parking lot because of dust
problems,
Hr. Costello indicated that slate gravel would be used,
Mr, Tong indicated thllt input from the City Engineer regarding the Ilsphalt or
~rl1vol issue would bo in ordor,
******************************************************************************
Rl\~~ulm' ~tl!otiIlG reM-B-Il) Juno 5. 19B9
"'~ t. ."\:
,,.,<' ,
Z1 f>": \{ 1.-
JI ___.___
...
......."-
Cm. Burnham asked about the drainage issues with the gravelled parking lot.
Mr. Tong indicated that this also would be discussed with the City Engineer.
The Planning Commission continued the meeting to July 5, 1989,
PA 89-054 The Green Store Conditional Use
Permit for a minor modification to Planned
Development rezoning district to change
medical office to professional office at
11873 Dublin Boulevard
SUBJECT:
Cm, Barnes opened the public hearing and called for the Staff Report.
Ms, O'Halloran indicated that this application was for a Conditional Use
Permit for minor modifications of the current Planned Development District.
The Zoning Ordinance permits Planned Developments to be modified through the
Conditional Use Permit process. This particular Planned Development allows
uses that are listed on page 3 of the Staff Report. The Applicant was
requesting medical offices to be modified to professional offices which could
include offices for accountant, advertising, architect, dentist, real estate,
secretarial, and travel agent businesses.
Ms. O'Halloran indicated that the Planned Development requires the historic
value of the site to be maintained. When the City Council adopted the Planned
Development, they required a Site Development Review for any modifications to
the exterior or interior of the building,
Ms. O'Halloran indicated that the application was consistent with the existing
uses and surrounding uses, She indicated that the modification to the Planned
Development would broaden the types of businesses that could operate in the
facilities. Medical offices were very limited and the professional offices
would enable more uses to operate out of the building,
Ms, O'Halloran indicated that Staff was recommending approval of the
resolution,
Cm, Okun asked Staff what the parking requirements were.
Ms, O'Halloran indicated that the parking would be the same as is currently
required.
Mr, Bob MacPhee discussed the financial history of the property, He indicated
that there were too many use restrictions on the property which made it
difficult to lease the property.
Cm. Barnes closed the public hearing,
On motion from Cm, Okun, seconded by Cm. Burnham, with a vote of 4-0 (one
absent), the Planning Commission adopted
RESOLUTION NO, 89-028
APPROVING PA 89-054, THE GREEN STORE CONDITIONAL USE PERMIT FOR A MINOR
MODIFICATION TO THE PLANNED DEVELOPMENT DISTRICT TO ALLOW PROFESSIONAL OFFICE
USES ,AT 11873 DUBLIN BOULEVARD
******************************************************************************
Regular Meeting PCM-8-84 June 5, 1989
PAGE ~ or .,,\'2.
Regular Meeting - July 5, 1929
A regular meeting of the City of Dublin Planning Commission was held on July
5, 1989, in the Meeting Room, Dublin Library. The meeting was called to order
at 7:35 p,m, by Cm. Barnes, Chairman,
* * * *
ROLL CALL
PRESENT:
Planning
Planner;
Commissioners Barnes, Burnham, Okun, and Zika; Laurence L. Tong,
Director; Rod Barger, Senior Planner; Maureen O'Halloran, Senior
John Donahoe, Project Planner; and Gail Adams, Planning Secretary
* * *'*
PLEDGE OF ALLEGIfu~CE TO THE FL~G
Cm. Barnes led the Commission, Staff, and those present in the pledge of
allegiance to the flag.
* * * *
ADDITIONS OR REVISIONS TO THE AGENDA
None
* * * *
CONSENT CALENDAR
5.1 ~linutes of Previous Meetings - The minutes of June 5, 1989 were
approved, The minutes of June 19, 1989
were held over until the July 17, 1989
meeting.
5.2 PA 88-117 Doyle Variance - Approved
* * * *
ORAL COM}1UNICATIONS
None
* * * *
\JRITTEN COHMUNICATIONS
Nr. Tong advised that the Commission had received various appealable and final
action letters,
*****************************************************************************::
Regular Neeting
PCN-8-l0l
July 5, 1989
ATTACHMENT 7
OM'::: 2--'\ 1;::: ':L~
SUBJ ECT :
PA 88-139 Crown Chevrolet Conditional Use Permit/Site
Development Review for exterior car storage and parking on
approximately 1,97 acres of vacant land located on Golden
Gate Drive, south of 7544 Dublin Boulevard (continued from
the June 5, 1989 meeting)
Cm. Barnes opened the public hearing and called for the Staff Report.
Mr, Tong introduced John Donahoe, Mr. Donahoe would be taking Trudi Ryan's
place as Ms, Ryan had accepted a position with the City of Sunnyvale,
Mr. Donahoe indicated that this item had been continued from the June 5, 1989
meeting. The Applicant had revised the site plan to show deletion of the
proposed employee/customer parkin and revision of the stora e area from 102
ve ~c es to T is revised plan indicated that only the northern half of
the property would be used,
Mr. Donahoe indicated that the Commission had requested Staff to prepare
revised resolutions and conditions of approval to include a 10 foot wide
landscaping strip on the east and west sides of the storage area and the
permitted use of gravel surface for that storage area.
Mr. Donahoe indicated that the City Engineer had concerns regara~ng the gravel
surface of the storage area because the gravel could be tracked into the
public street. The City Engineer suggested that the surface be base rock
layer with a chip seal surface and prevent public street access from the
storage area.
Mr. Donahoe indicated that the Applicant wished to fence around the entire
parcel and Staff had no problems with that request. The Staff recommendatio~,
however, would be to have the Applicant fence the southern portion of the,
stora e area to prevent unauthorized parking and storage on the unimproved
portion of the site. ~T ~s con ~t~on wou e requ~re regar ess ~ tne
Applicant fenced the entire parcel or not.
Mr. Donahoe indicated that the Commission needed to make findings on Item #d,
g and h for the Conditional Use Permit and Item A and D of the Site
Development Review to enable the project to be consistent with the general
intent of Downtown Specific Plan.
Cm, Zika asked what the purpose would be of having a fence installed in the
middle of the lot.
Mr. Donahoe indicated that the fence would restrict the parking of cars
outside of the improved area.
Mr. Pat Costello, Applicant, indicated that an additional fence in the center
of the site would be too expensive. He indicated that there would not be any
additional public traffic. This was private parking for the storage of
vehicles.
******************************************************************************
Regular Heeting
PCM-8-103
July 5, 1989
D~r;: 300.': ~'2-
Mr. Costello discussed Exhibit D (Site Development Review). He had concerns
over the required 35' width opening of the gate, He saw no problems with
keeping the gate at 20', He indicated that if this was a mandatory
requirement, then he would go ahead and change the gate, however, there was no
significant impact from the traffic engineer's point of view.
Mr, Costello discussed the landscaping and gravel surface issues. He
indicated that there would be new automobiles stored on the lot and the gravel
surface with oil did not seem appropriate. He requested that a loose gravel.
base rock that was almost dust free be substituted
Ms. Woolverton indicated that Mr. Costello was very much aware where cars were
being stored and saw no reason for the additional fence.
Mr, Costello indicated that it did not maxe sense to spend a lot of money at
this time. He stated that the curbing would be too expensive as well as the
lancscaping requirements.
Cm. Zika asked if the public street had to be crossed to get to the lot.
Mr. Costello indicated no,
Cm. Zika indicated that he was in favor of the one year permit and since
nobody knows when B~RT is coming in, did not feel that it was appropriate for
the Applicant to have to spend a lot of money at this time. He asked Staff if
a violation could be issued if the storage area was not used properly.
Mr. Tong indicated yes. The storage area was limited to the storing of
vehicles, If the fence was installed, the Applicant would only have to drive
through a gate insetad of having an open area.
Cm. Zika asked if a violation could cause the Conditional Use Permit to be
voided.
Mr. Tong indicated yes.
Cm. Burnham concurred with Cm, Zika, He indicated that the more money the
Applicant puts into the property, the more the City will need to pay to
acquire it. He had no problem with the gravel surface. He asked Staff why
the gate had to be 35 feet.
Mr, Donahoe indicated that this condition was in the original Staff Report anc
would make it access easier for trucks,
Cm, Burnham indicated that 20 feet seemed efficient.
Cm. Barnes reiterated that this lot was for storage only and Mr. Costello was
required to keep the area weed free. She saw no reason for trucks to be back
in the storage area.
Mr, Costello indicated that trucks have been using the 20 foot gate and had
not had any problems.
Cm, Burnham asked if there was a violation clause in the conditions of
approval,
*****************************************************************************~:
Regular Meeting
PCM-8-l04
July 5, 1989
Pi\,GE';'~ or ~
Mr, Tong indicated there was no condition of approval stating that vehicles
could be parked there.
The Commission requested Staff to add Condition #27 to Exhibit C (Conditional
Use Permit) which would state, "There will be no vehicle oarkinf;- or storing: n=
ma;:erials loca;:ed on the undeveloped southern 1.0 acre portion of the site".
On motion from Cm. Zika, seconded by Cm. Okun, with a vote of 4-0 (one
absent), the Planning Commission adopted
RESOLUTION NO, 89-033
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PA 88-139
CRO~iN CHEVROLET CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIE~T, GOLDE~
GATE DRIVE, SOUTH OF 7544 DUBLIN BOULEVARD
Mr. Donahoe indicated that the DO'Nntown Specific Plan was not consistent wi;:~
the conditions of approval of the Conditional Use Permit and the Co~mission
would need to find that the approval was 'for a temporary use only.
The Co~mission supported findings that the use '.ras "temporary" ,
Mr. Donahoe indicated that the 9th Uhereas had a error. The first July date
would need to be changed to June.
On motion from Cm. Okun, requesting the date correction, the addition of
Condition #27 and Condition #16 to allow a gravel surface, seconded by Cm,
Bur~ham, and with a vote of 4-0 (one absent), the Planning Commission adoptee
RESOLUTION NO, 89-034
APPROVING PA 88-139 CONDITIONAL USE PERMIT REQUEST FOR THE CRO\;N CHEVROLET OX
GOLDEN GATE DRIVE SOUTH OF 7544 DUBLIN BOULEVARD
Cm, Burnham requested that Condition #6 of Exhibit D (Site Development P.evie~.:)
be eliminated and revision to Condition #13 to eliminate additional fence
requirement.
On motion from Cm, Zika, with language rev~s~ons to Condition #6 and #13,
seconded by Cm, Burnham, and with a vote of 4-0 (one absent), the Planning
CO~T.ission adopted
RESOLUTION NO. 89-035
APPROVING THE SITE DEVELOPMENT REVIEW REQUEST FOR PA 88-139 CRO\;N CHEVROLET OX
GOLDEN GATE DRIVE, SOUTH OF 7544 DUBLIN BOULEVARD
Mr, Costello indicated that there were conditions in the Site Development
Review that should be discussed,
The Planning Commission and Staff discussed the correct procedures for
reopening the public hearing.
The public hearing was re-opened.
Mr, Costello requested clarification on Condition of Approval #C, Attachment
A, of the Site Development. Review,
**...,:,;',*****************************************************************"k**...,:...,:...,:.',.',,,;;.
Regular Meeting
PCM-B-IOS
July 5, 1989
r""" ~'2..~,,.4'2-
I1r, Tong indicated that these were standards conditions, however this
application was unique in that it was not considered a parking lot.
The Planning Commission and Staff discussed the standard conditions of
approval (Attachment A) and decided that Staff would work with the Applicant.
The public hearing was closed and the approvals were taken as stands,
SUBJECT:
PA 89-047 Goldies Fitness Plus Corr~ercial Recreation
Facility Conditional Use Per~it request to allow continued
operation of a commercial recreation facility (health/
fitness center) at 7164 Regional Street
Cm, Barnes opened the public hearing and called for the Staff Report.
Hs. O'Halloran indicated that this application was for a Conditional Use
Permit. The fitness center had been operating without an approved Conditional
Use Permit since 1979. The Applicant was unaware of the requirement for an
approved Conditional Use Permit. During the last 10 years, the Planning
Department had not received any zoning complaints. The Planning Department
was unaware that the fitness center was operating without an approved use
permit.
Hs, O'Halloran indicated that the center operates Monday through Friday
between 8:30 a.m. and 8:00 p.m. and on Saturday from 9:00 a,m. through 12
noon, There is an estimate of 125 people who utilize the facility on the
weekdays and approximately 35 people on Saturday,
Ms. O'Halloran indicated that all appropriate agencies and departments have
reviewed the application and the proposal is consistent with the General Plan
and DOw~town Specific Plan, Staff recommends that the Commission approve the
Conditional Use Permit until July 19, 1992.
Cm, Zika asked how the Staff had found out that the fitness center was
operating without a permit.
Ms, O'Halloran indicated that the applicant was in the process of selling the
business and an individual interested in the business had contacted the City
to determine whether the use was a permitted use in its present location,
Hr, Brad Gilbertson, Applicant, indicated that he .:ould be happy to ans"er ar:;
questions the Co~~ission might have.
Cm. Barnes closed the public hearing.
Cm, Zika suggested the permit be for one year with two 2-year extensions,
Cm, Barnes re-opened the public hearing.
Mr, Gilbertson indicated that part of the final sale of the business required
a 5-year lease and had concerns about the one year permit. He indicated that
the buyer seemed confortable with the three year permit approval and discussed
the financial background of the business.
*",~*":":******'k*************************************************,':*********~";)',,,,,,**,,,,":,:":'~
Regular Meeting
PCM-8-106
July 5, 1989
FP\GE ~~OF'j.b
~.
RESOLUTION NO. 93 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 92-061 CROWN CHEVROLET CONDITIONAL USE PERMIT APPLICATION
TO ALLOW EXPANSION OF THE PARKING/AUTOMOTIVE STORAGE LOT
WHEREAS, Mr. Patrick Costello, representing Crown Chevrolet, has
filed an application for a Conditional Use Permit (CUP) to expand the
operation of an existing vehicle storage lot, located behind the
existing Chevrolet automotive dealership, increasing the storage
capacity from 118 parking spaces on the northern half of the property
to a maximum of 235 parking spaces utilizing the entire 1.98 acre
parcel, located at 6707 Golden Gate Drive; and
WHEREAS, Ordinance 44-87, an Ordinance of the City of Dublin
establishing right-of-way lines, was adopted by the city Council and
became effective on October 28, 1987; and
WHEREAS, Ordinance 44-87 makes it unlawful to construct any
building or structure, as defined therein, within the right-of-way
established pursuant to Ordinance 44-87; and
WHEREAS, the City Council adopted an ordinance establishing the
right-of-way lines for a future road parallel to and southerly of
Dublin Boulevard, and a portion of such right-of-way line falls within
the subject property; and
WHEREAS, Ordinance 11-88, an ordinance requiring dedication and
improvement of right-of-way, requires that no Conditional Use Permit
shall be issued in connection with the construction of any building or
structure on any lot, the use of such building or structure will
result in an increase in traffic on the street or streets upon which
such lot abuts or will abut unless the area within the future right-
of-way lines of such lot has been granted to the city; and
WHEREAS, the off-street vehicular storage lot proposed for this
~roperty is not required for the use of this or any other property and
lS therefore not included in the definition of building or structure
in Ordinance 44-87 and Ordinance 11-88; and
WHEREAS, the Planning commission did hold a public hearing on
said application on July 6, 1993; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; 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 section 15311, Class 11; and
WHEREAS, the Staff Report was submitted recommending that th??e L~
application be conditional~y approved; and A1TA~~E~e ~~
WHEREAS, the Planning commission did hear a~~~on:ldr~.all sai
reports, recommendations and testimony hereinabove set forth.
E~.~1~J1J3
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find:
A. The expansion of the parking/storage lot will serve the
public need by providing for the expansion of an existing
automobile dealership facility.
B. The proposed use will be properly related to other land
uses, transportation and service facilities in the immediate
vicinity, as the proposed use will be compatible when
compared to the type and nature of operations typically
found in the neighborhood.
C. The proposed use, under all circumstances and conditions of
this particular case, will not materially adversely affect
the health or safety of persons residing or working in the
vicinity, or be materially detrimental to the public welfare
or injurious to property or improvements in the
neighborhood, as all applicable regulations will be met.
D. The proposed use will not be contrary to the specific intent
clauses or performance standards established for the
District in which it is to be located.
E. The project, as conditioned, is consistent with the policies
contained in the city's General Plan and Downtown Specific
Plan, based on the Planning commission's determination that
the use is of a "temporary" nature and the use does not
qualify as a parking lot.
F. The project is not a "building or structure" within the
meaning of Ordinance 44-87 or Ordinance 11-88 and the
project would not significantly increase traffic to a level
which would necessitate the dedication of future right-of-
way under Ordinance 11-88. The project can therefore be
approved in the proposed location and without dedication of
right-of-way.
G. The project does not conflict with the adopted right-of-way
line of the future Parallel Road since construction is not
scheduled to begin until Fiscal Year 1996-97.
BE IT FURTHER RESOLVED THAT THE Dublin Planning commission does
hereby conditionally approve PA 92-061 Crown Chevrolet Conditional Use
Permit as generally shown by materials labeled Exhibit "A" on file
with the Dublin Planning Department, subject to the following
conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied
with prior to the issuance of buildinq permits or establishment of
use. and shall be subiect to Planninq Department review and approval.
The followinq codes represent those departments/aqencies responsible
- 2 -
ATTACHMENT e
'P~ z ~ t
, ,~c:;. ne "l2.
for monitorinq compliance of the conditions of approval. rPLl
Planninq, rBl Buildinq, rpOl Police, rpWl Public Works, rADMl
Administration/Citv Attornev, rFINl Finance, rFl Douqhertv Reqional
Fire Authoritv, rDSRl Dublin San Ramon Services District, rCOl Alameda
Countv Department of Environmental Health.
1. PA 92-061 Crown Chevrolet Conditional Use Permit approval is for
the establishment of a vehicle storage lot for a maximum of 235
spaces. Said storage lot shall be limited to storage of cars and
trucks sold or serviced through the existing dealership. The
Applicant shall submit an additional site plan which accurately
depicts the property lines for the subject site APN 941-1500-32,
landscaping and all interior dimension, in general conformance
with the site plan prepared by La Perle Architects Inc. (1
sheet), dated received October 5, 1992 (Exhibit A), stamped
approved. [PL]
2. The vehicle storage lot and any associated physical improvements
located within the established right-of-way line of the Parallel
Road shall be subject to removal at the Public Works Director's
written direction. within thirty (30) days of said notification,
the property owner, at his own expense, shall remove the vehicle
storage lot and any associated physical improvements. The
vehicle storage lot and associated physical improvements may be
removed by the City if not removed by the property owner within
thirty (30) days of written notification, in which event, the
City may recover the costs of the removal by placing a lien on
the property known as Assessor Parcel Number (APN) 941-1500-32.
The property owner shall sign, submit and record the attached
agreement (Attachment B-1) within fifteen (15) days after the
effective date of this Conditional Use Permit approval. This
agreement shall be binding on future property owners of APN
941-1500-32. [PL, PW]
3. Approval of the Conditional Use Permit shall be valid until July
16, 1996. The approval period may be extended on a yearly basis
thereafter (Applicant must submit a written request for the
extension prior to the expiration date of the Conditional Use
Permit) by the Planning Director upon his determination that the
Conditions of Approval remain adequate to assure that the above
stated findings will continue to be met. [PL]
4. Except as specifically modified herein, operation of the vehicle
storage lot shall generally conform to the requirements
established by Planning commission Resolution No. 89-034 for
PA 88-139 (see Attachment B-2). [PL]
5. Operation of the vehicle storage lot shall be conducted so as not
to create a nuisance to adjacent businesses. [PL, PO]
6. No loudspeakers or amplified music shall be permitted to project
or be placed within the vehicle storage lot. [PL, PO]
- 3 -
ATTACHMENT t
r~ 1 If 5'
PM~i= ~b (\:=4'2.._
7. The Applicant shall be responsible for clean up and disposal of
project related trash to maintain a clean and litter-free site.
[PL]
8. This approval shall be null and void in the event the approved
use ceases to operate for a continuous one year period. [PL]
9. This permit 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 use permit shall be subject to
citation. [PL]
PASSED, APPROVED AND ADOPTED this 6th day of July, 1993.
AYES:
NOES:
ABSENT:
Planning commission Chairperson
ATTEST:
Planning Director
ATTACHMENT ~
r..,~ 'f ,t ~
- 4 -
r,,"" ~1 r,,:l\2-
RECORDING REOUESTED BY:
city of Dublin Planning Department
WHEN RECORDED. PLEASE MAIL TO:
city of Dublin
Attn: Laurence L. Tong, Planning Director
100 civic Plaza
Dublin, California 94568
Crown Chevrolet, a California corporation (lessee of real property in
the city of Dublin described as Assesso~ Parcel Number 941-1500-32),
and Betty Wolverton, owner of said real property, hereby waive all
claims for compensation and damages caused by the taking of any
structures or improvements authorized by the Conditional Use Permit
(PA #92-061) to be located within the portion of APN #941-1500-32
within the right-of-way line established by Ordinance No. 19-88
pursuant to the exercise of the right of eminent domain or any other
right of the city of Dublin or any other action.
Crown Chevrolet agrees to remove the vehicle storage area and any
associated physical improvements within thirty (30) days from written
notification of the city of Dublin that the portion of APN #941-
1500-32 within the right-of-way line established by Ordinance No. 19-
88 is needed for construction of road improvements. All costs and
expenses associated with removal shall be borne by Crown Chevrolet.
Crown Chevrolet, and the undersigned, agree that the vehicle storage
area and any associated physical improvements may be removed by the
city of Dublin if not removed by Crown Chevrolet within thirty (30)
days of written notification, in which event, the city of Dublin may
recover the costs of removal by placing a lien on the property known
as Assessor Parcel Number 941-1500-32.
Acknowledged and Agreed:
Date
Pat costello, President
Crown Chevrolet
Betty Wolverton, Trustee/Owner
Date
A TT ACHMEMT ~
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"'
ATTACHMENT B".1-
~ 14 -1J fit )~# r~
,.,. 0': ~ ".':: 4"2...
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: July 6, 1993
TO:
Planning commission
FROM:
Planning
staff If
IV . 1
Choy, Assoc1ate P anner
PREPARED BY:
David K.
SUBJECT:
PA 92-061 Crown Chevrolet Outdoor storage/Parking
Conditional Use Permit
GENERAL INFORMATION:
PROJECT:
Conditional Use Permit to expand the operation of
an existing vehicle storage lot, increasing the
storage capacity from 118 parking spaces on the
northern half of the property to a maximum of 235
parking spaces utilizing the entire 1.98 acre
parcel
APPLICANT:
Patrick Costello
Crown Chevrolet
6707 Golden Gate Drive
Dublin CA, 94568
PROPERTY OWNER:
Betty Wolverton
1401 Emmons Canyon Drive
Danville, CA 94526
LOCATION:
6707 Golden Gate Drive
ASSESSOR PARCEL:
941-1500-32
PARCEL SIZE:
1. 98 acres
GENERAL PLAN
DESIGNATION:
PUblic/Semi-public Facility
DOWNTOWN SPECIFIC
PLAN DESIGNATION:
Development Zone 3: Regional Transit/Mixed Use
EXISTING ZONING
AND LAND USE:
C-2, General Commercial - Outdoor Automotive
Storage A IT ACHMfNT ,
-----------------------------------------------------------------~'-1.~f
COPIES TO: Applicant
Owner
Address
ITEM NO. 8.1..
File
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SURROUNDING LAND
USE AND ZONING:
North:
Auto Sales - C-2, General Commercial
District
Office & Lab Facilities - C-2, General
Commercial District
Golden Gate Drive (Right-Of-Way)/
Vacant - M-1, Light Industrial District
Retail Commercial - PD, Planned
Development
South:
East:
West:
ZONING HISTORY:
Parallel
Road:
On July 13, 1988, the Dublin City Council approved
the right-of-way lines for a new road southerly of
and parallel to Dublin Boulevard between Regional
Street and Amador Plaza Road (Ordinance No. 19-88).
PA88-1.39:
On July 5, 1989, the Planning commission approved a
Conditional Use Permit and site Development Review
request to permit use of the northern half of the
I1.97 acre parcel for the storage of a maximum of
118 vehicles.
On July 5, 1990, an administrative extension of one
year was approved for the continued use of the
vehicle storage lot.
On June 27, 1991, an administrative extension of
one year was approved for the continued use of the
vehicle storage lot. The Conditional Use Permit
expired on July 15, 1992.
APPLICABLE REGULATIONS:
Section 7.68.110 of the Dublin Municipal Code, states that it is
unlawful to construct or erect any building or structure within an
established right-of-way line.
Section 8-49.2.A.1. states that a conditional use permit is
required by the Planning Commission to allow an automobile storage lot
within the C-2, General Commercial District.
Section 8-94.0 states that conditional uses must be analyzed to
determine: 1) whether or not the use is required by the public need;
2) whether or not the use will be properly related to other land uses,
transportation and service facilities in the vicinity; 3) whether or
not the use will materially affect the health or safety of persons
residing or working in the vicinity; and 4) whether or not the use will
be contrary to the specific intent clauses or performance standards
established for the district in which it is located.
ENVIRONMENTAL REVIEW: The project has been found to be Categorically
Exempt from CEQA under Section 15311, Class 11 of the California
Environmental Quality Act guidelines. This proposed project consists
of the utilization of an expanded parking lot accessory to the existing
commercial facility. ATTACHMENT '9
2 P'!1~ z .,11' 'L
.. __ Ll-O "'... 4
NOTIFICATION: Public Notice of the July 6, 1993 hearing was published
in the local newspaper, mailed to adjacent property owners, and posted
in public buildings.
ANALYSIS:
Mr. Patrick Costello, representing Crown Chevrolet, has filed an
application for a Conditional Use Permit (CUP) to expand the operation
of an existing vehicle storage lot, located behind the existing Crown
Chevrolet automotive dealership, increasing the storage capacity from
118 parking spaces on the northern half of the property to a maximum of
235 parking spaces utilizing the entire 1.98 acre parcel.
The Applicant requested approval of a minor modification to the
existing CUP (PA 88-139) to eliminate the expiration date. The
Applicant had received approval to utilize only the northern half of
the lot for a maximum of 118 storage spaces. However, upon a visit to
the site, it was discovered that the southern half of the lot had been
paved and developed to provide approximately 235 storage spaces. Since
the existing cup did not permit utilization of the entire lot, a new
CUP application was required to be submitted prior to the July 15,
1992, expiration date.
The current CUP application was initially submitted on July 27,
1992. An incomplete application letter was sent to the Applicant,
indicating that the site plan for the vehicle storage lot was
inaccurate. In addition, the letter identified several zoning
violations which were present on the Crown Chevrolet Automotive
Dealership property (which is a separate parcel). These violations
include 1) a 32' x 40' fabric covered structure and a 14' x 401 fabric
covered structure on the site, 2) a 15' x 641 metal shed constructed on
the east side of the service building without a permit and 3) a waste
oil and 515 gallon above ground fuel tank installed on the south side
of the service building without a permit. Staff requested that the
existing zoning violations on the dealership parcel be addressed with
the current application, since the vehicle storage lot and the
dealership are operating as one integrated use. The Applicant
expressed reluctance to combine the two issues. Staff will pursue the
existing zoning violations on the dealership property separately,
through the Zoning Investigator.
The Public Works Department has determined that the proposed use
will not generate a substantial increase in traffic, as no building or
structure is proposed on the parcel and the off-street vehicular
storage lot is not required for the use of this or any other property.
Based on this determination the imposition of a traffic impact fee is
not required.
The northern portion of the subject site (approximately 68 feet)
is located within the future Dublin Boulevard Parallel Road right-of-
way, established by City Council Ordinance No. 19-88 (see Attachments 3
and 4). This new roadway will run between Amador Plaza Road and
Regional Street. The Public Works Department has indicated that the
proposed CalTrans flyover ramp, connecting southbound 1-680 to
eastbound 1-580, is currently in the design phase and construction is
scheduled to begin in the fiscal year 96-97. As part of the flyover
project, a new,on/off-ramp to 1-680 will be constructed, exten~~~~MENT9
Golden Gate Dr1ve. AIIA~n
3 'P~ 1 .ff
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. .... -,._-~..-
staff recommends an approval period for the CUP of three years,
until 1996, when construction of the flyover ramps is scheduled to
begin. staff also recommends permitting one year administrative
extensions to the CUP, upon expiration of the three year approval
period, in the event construction of the flyover ramp project is
delayed later than 1996. The Applicant will be required to sign,
notarize and record an agreement (see Attachment B-1 of the draft
Resolution) waiving all claims for compensation and damages (of the
vehicle storage lot and any associated physical improvements) caused by
the taking of the property for the Parallel Road, and agreeing that the
vehicle storage lot and physical improvements may be removed by the
city if not removed by the Applicant within 30 days of written
notification. The agreement further states that if the City removes
the vehicle storage lot and associated physical improvements, the city
may recover the costs of removal by placing a lien on the property.
The site is located within Zone 3 of the Dublin Downtown Specific
Plan Area. A mix of retail, office, hotel, restaurant and commercial
recreation facility uses integrated with transit-related parking are
encouraged in this location.
The proposed use is in compliance with all applicable regulations
of the Zoning Ordinance, General Plan and Downtown specific Plan. This
application has been reviewed by other city departments and affected
agencies, and their comments have been incorporated into the draft
resolution. Staff believes that the proposed vehicle storage lot
represents an appropriate interim use for the site and would recommend
approval of the Applicant's request for a Conditional Use Permit,
subject to the conditions listed in the draft resolution, Exhibit B.
RECOMMENDATIONS:
FORMAT:
1)
2)
3)
4)
5)
Open public hearing and hear Staff presentation.
Take testimony from Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Adopt the draft resolution approving PA 92-061, or give
Staff and Applicant direction and continue the matter.
ACTION:
Staff recommends that the Planning commission adopt the draft
resolution (Exhibit B) approving PA 92-061 Crown Chevrolet
Conditional Use Permit.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Project Plans
Draft Resolution approving Conditional Use Permit
Backqround Attachments:
Attachment 1:
Attachment 2:
Attachment 3:
Attachment 4:
Zoning/Location Map
Applicant's Written Statement
Proposed Parallel Road Alignment
Approximate Right-of-Way Line through Subject site
4
AlTACHMfNT 9
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PA,GE lt~or -~~