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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- . . . .. ':;" ,'- . .'.' - ,- ~; . .. . :.<" ,'. :.~':. - .: ." ~- .. ..~':: :. :,::,;;=-:".~:':.:.:;'::::'J:~~..:~.-..:.~. .:":'.':: "." ".. \". -".' ~ ,,:". . . -'. . . .: . '. . ".",.. DuillJNlllVD '" ::j m. ..., r;: ,Z I ',~~'-'_.f-. ---r" :.~~ . .. . -, .' I . - ..' .' " './' "- "'/ ,-'./" .' ... .' ~ ~ ~~'~'.-~ ~"~'~""I~I /' ~ ~.~ ~ ~. . :' 't/ . ~-J "'-/ _..-.--.---~ . : 1.1 ! !' ~ :~ ~ i , , ~ d.; i ~ . ~ ", .~ I I : ~ Wb-! . ,. EXI-iI~JT,A~' '. ,'oIl.GI:._or~. RE EIYEn clc~c k~~19~ Dr DUBLI PLANNING 4'2- -'[b I ~ " , "I~ : . ~ -t. 'I~: ~ ::, ." ; iu~~:~: ~';i : ~ : ... 'CROWN '. I L~i ~i~~ '~ccri+~L~!kll~~. . - '~~E'Na~O..lOI~n . .... .' .5976 VlL.-\S rOSITAS.5UITE ll:! pLE.o\SANTON.CA 94566 D<J'UN e.u.s'o"""'''' (~lS)134'9"-Dl I I I ~! ~ I ~ I ~ -I I I I: 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:, . .t. \" \.n.. PA~" \J or - ",1:.- ATTACHMENT ~.2 /' i-- 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. " -.- 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 >-h:~~,,t~ . ,~ - PAGE \~ or ~ J', E:. ; t~ . ~ \.....:.1 tj.:~72i -: ,"; 1 r~::..1 ~41 C._'I (.;::-~I ~;:{'I !..~..~."':. I t':':;-; I b-'! ~~\ """,.J :,.:.L':' "i ~"-;:'l ~il 1:......-:1 r.~::"'l ~::!'~1' ~~.~: -':::""::'1 f;:,:~, ~::'-'\ t~~... . ..'\ ......... ~<;: \KH ~D"1~ 10-:'0"' . ~~: . f;;.~\1 E~ ..-'" ~i~;~ i-:'-~' ~'~:,~,:J\ ~-- ~::':; ~ -",' ~f:.l ~;.' .~..'.:. . ~;.}\ tr,\ ""1 '~~':. :?:.~.: I .,.. ~ 'J' "\ ~;,;,\ .' tl ..-: I ::".:' l'.: > ' ..,'" SLL ~l !t:. r ii; P~Eor Si-rE 6101 ~pt,-J 6Ikr~ ~. ~:A ';..:1 ..,.;', \ -,' }: .-\ I'. ' ;:. : ; , , " I" .. , ' , " I.' I , i ~ " J, J' J J J' , ' . ,....... : : '":: i '_ _ V I ~; i .,' 1 ~A<'\ to .1 I " I \ I \ \ ! " .~....':P'l u....u II A ?r\~T C,"':. 7~': ZO~I~G:l,i:~'p iH: C:T':' C;: DUGLI\: -..- G.J SA~TI0A ~ ~= , -"O~I"<:O" ,_'_00 _ 1:"'\ .._ .,t,..('. c i"""o,,;.~ . . =: -0 . ~ ~I\ '~' ~~-.\ I-.....~q~ ~ \, \~I ~'l"~!W ~i u~'l ;,t ;'~l ~I ..,....: " 'I, :\ Cii"V OF DUBtI~ r.9 r::~ . c ; g ~ ._.....1'.._.._ c_.... c.. r.,""...... '.~,"r \ L{ 1'\1= 4-1. ~:. .f!t~p'I' J - .: .,_ .;!' - _"0 ..-:;:~ - . :'~1r~~\ ; , . \ \"1! ~ I \,1" / 1 , ---- . , i~ll!( ::..:. i '.~~e'~ .~tJ;.i~V']J :if.b~ ~n y. I ;0 "~";'" '..,.-. ~aw..w '..uv ''Where people make the djtfe~~t 'E lED JUL 27 199? "'IOl Goldcl'\ b~ Dr- DUBLIN PLANNING /I.... _I. .-. _ . '~~_'''~/~!.'~~-;1~':\'''' -'.7L'\ ~:1-- =('=' L;C ___.~~\-. :.,~ 1-- 1-\.- L- ~\'7;Y Y\~\~~:)----'f:f-::'~/ 1 \1 -------.--..----------.-.--- .... .." "'. .. .......:.: i.....; ..... .." 1.'-'" 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. p ~ m: 1 S m: "i '2..- J ll,lJ. · &",,..-f ?'I'II ~.~ .. " ~ ; ri ~ N;lC'C!) [] t= z o tl o o o .J Co I c:::J CJ 1c=J <. 7p.? l'Vrt~ "/10' h~"~. C I I III z :; ~ C ci tl ( .J ( ~! I ~33~..LS ,":'SOI031:1 I I I DO ------, I I r1, ) ATTACHMENT 3 '0"~. ~ . ]; ]= ,US:TEt:.t 'Sire o <.... 8 ,., . .. - , 0:::: .. e:..:5< ..JZ :.0:<0 ~.'t - H 2O<::,c ~=-=6 - ~-..;..o-- >-2oZ- <<~< :;: ~N I~::=< ::'Oc-"':: 'i'>-~:" t::::-C5 ~~~~ :::::->=:: =::::::!< ~~5~ ;.....j 02: ~-~< 0<- ~ =oz.... -- C,1-::~~.: ' ...., ~~-- <~5~ -..... Z%:::::::.-: f:".. > ~ ~ c c: Co c < o c::: < N < c::: o c < :; < ~ o c < < c::: l- , :; ~ o L:J c::: 0:: :5 t;; g ..J -1 :s W ~ 0 ~ t3 -1 ::> L:J -1 ~ c::: < 0 L:J 0:: - !::; l- ;:. < 5 t 0.. ill C ,..c ~ Of _~'2:-- - "," ,--:~; c' ":: :f,.':': :::'::~:;\~';~:-';T,;';:::::: ~:"r;."~< '::: ' '.:: -." ::'.. " .. '. . u-:.: ...' _ ~ _..-:;,' ~""'-'..'.:~'." - .. ,. :'.. ~ ... .: .' . . . ..:.. . --" ... .... .. . DuillJNlllVO' " . .. . . . -' . . :~ ~ APPRP/. f [ P,4~u.GL. Rt>AP 1< -D-W . ~el <fi =< m. ..., s: z ,.,. ATTACHMENT t.{ 'CROWN . t': i PERLE iAicmTias' INt. . ^597. w.L-'-S POSIT,'-S.SUln; 212 ' '. pLE....sA.~CA~ (41S) 7J4-<nOI " b >1" . , G " "~ '. . I ... '::a. . "I" l: .,.. 'r' . ..... i"l, 5:r"': ~~: . .' - . : ~ - ~n.I.~o.I~:7 ~~ 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.. ~ ,:..'=....,_... ',- 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 <;-~ -\-Z' ~ l,; 'j f'n p::-',-h...-I ' n.............. , 1ir1CHter ~ r,e- 1,1> ",~~ bOm: '-l'2... .'-../ <---' 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' ~ "-' '......' 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 ~ ~jt f.f ~ "' 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 f' ',('" '1.a (If. ~ l.....k.:._C.~'.J....-... 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 ('~I';: 4\ or _':L..'2- . .... -,._-~..- 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 ~t,'i,.ff PA,GE lt~or -~~