HomeMy WebLinkAboutPC Reso06-27 Appv CUP 06-046 Smog Station
RESOLUTION NO. 06 - 27
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A SMOG STATION IN THE M-1
(LIGHT INDUSTRIAL) ZONING DISTRICT LOCATED AT 6355 SCARLETT COURT #2
(APN 941-0550-015-08)
P A 06-046
WHEREAS, the Applicant, Troy Kearney owner of the Smog Station, has requested a Conditional
Use Permit to operate the Smog Station at 6355 Scarlett Court #2, APN 941-0550-015-08, in the M-l
(Light Industrial) Zoning District; and
WHEREAS, the proposal includes an approximately 2,400 square foot Smog Station in an
existing building (Buisick Gearing Property); and
WHERAS, an AutomobileNehicle Repairs and Service facility is permitted in the M-l (Light
Industrial) Zoning District with approval of a Conditional Use Permit by the Planning Commission; and
WHEREAS, the Applicant submitted project plans and a written description for the requested
entitlement received by the Planning Division on July 12, 2006; and
WHEREAS, the application has been reviewed in accordance with the prOVISIOns of the
California Environmental Quality Act (CEQA) and this project was found to be exempt under the CEQA
Guidelines Section 15301 as it is a comparable use in an existing building which requires no alteration;
and
WHEREAS, the Planning Commission held a public hearing on said application on August 8,
2006; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; 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 herein above set forth and used its independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is appropriate for the
subject site.
NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby
find that:
A. The proposed AutomobileN ehicle Repairs and Service use is compatible with other land
uses, transportation and service facilities in the vicinity because: I) the proposed location
of the Smog Station is located in an existing building with multiple tenants which include
automobile services in addition to typical industrial uses; 2) Chapter 8.08, Definitions,
includes services performed for automobiles/vehicles under the "AutomobileN ehicle
Repairs and Service" definition; 3) Section 8.12.050 states that an AutomobileNehicle
Repairs and Service use is permitted in the M-l (Light Industrial) Zoning District with a
Conditional Use Permit; 4) the proposed Smog Station is compatible with uses in the
vicinity which include a variety of automobile repairs, sales and services; and 5) the
proposed location of the Smog Station is in a 2,400 square foot tenant space located in an
existing building and is compatible with the existing and allowed uses of the building as
required by Chapter 8.100, Conditional Use Permit, ofthe Dublin Zoning Ordinance.
B. The proposed Smog Station will not adversely affect the health or safety of persons
residing or working in the vicinity or be detrimental to the public health safety and welfare
because: 1) the proposed Smog Station will comply with all City of Dublin and State
regulations; 2) the Smog Station will be located in an existing building and the automobile
service facility is compatible with existing uses and uses currently under review by the City
in the building and in the vicinity; and 3) as conditioned, improvements will be required to
be made to the property in order to minimize impacts this use may have on existing uses, to
bring the property into compliance with current regulations, and to aid in the location of an
auto service facility into an industrial building.
C. It will not be injurious to property or improvements in the neighborhood because: I) the
Smog Station will comply with all City of Dublin regulations; 2) the Smog Station will be
located in an existing building and no exterior modifications are proposed to be made to
the building; 3) the proposed Smog Station is an appropriate use in the Light Industrial
Zoning District and the existing building as conditioned will be compatible with the
existing uses in the building and the Buisick Gearing properties; and 4) as conditioned,
improvements will be required to be made to the property including repairs in order to
bring the property into compliance with current regulations.
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to
the public health, safety and welfare because: 1) the proposed Smog Station is located in a
existing building; and 2) the building and property were designed to accommodate a
variety of uses and the proposed use fits in with the intended uses of the building.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed because: 1) the Smog Station will be located in an
existing building which was designed to support a variety of automobile repairs and
services and industrial uses; 2) the proposed Smog Station is small, 2,400 square feet in
size, and is located in a portion of an existing building and therefore will not dominate the
available square footage of the building or the property and will not change the overall
density of the site; 3) as conditioned, the Applicant will be required to exercise adequate
property maintenance; 4) as conditioned, the Smog Station is prohibited from storing
vehicles outside or parking vehicles in non-designated parking stalls in order to reduce
impacts on the site; and 5) as conditioned, improvements will be required to be made to the
property as a result of this Conditional Use Permit which will reduce impacts on adjacent
uses and aid in the operation of the Smog Station.
2
F. It will not be contrary to the specific intent clauses, development regulations or
performance standards established for the zoning district in which it is located because: 1)
the proposed use is a Conditional Use in the M-l (Light Industrial) Zoning District and is a
permitted use when the required findings as stated in Section 8.100.060 of the Dublin
Zoning Ordinance can be made; 2) Section 8.76.080.D outlines the parking requirements
for "AutomobileNehicle Repairs and Service;" and as required by Chapter 8.76, Off-Street
Parking and Loading Regulations, the total number of required parking stalls for the
proposed Smog Station is 8.25 parking stalls based on the requirement that the facility have
one stall for every 400 square feet of floor area plus one stall per service bay (and there are
two "Dynos" in the facility which serve two cars at a time); 3) based on the existing uses in
the building a total of 46.8 parking stalls are required to support the existing legal tenants
(this does not include tenants which are currently located in the building without the
required Conditional Use Permit and are currently under City review), based on parking
regulations in Section 8.76.080.D and 8.76.080.E of the Dublin Zoning Ordinance; 4) the
proposed Smog Station is compatible with the existing uses found in the building and
therefore meets the requirements of the Dublin Zoning Ordinance; and 5) the proposed use
is consistent with the intent of the M-l (Light Industrial) District as defined by Section
8.28.020.B of the Dublin Zoning Ordinance because the proposed Smog Station is small in
size, meets the needs of residents in the City, is compatible with the surrounding land uses
and will be conducted entirely within the existing building.
G. It is consistent with the Dublin General Plan because: 1) the proposed use is permitted with
a Conditional Use Permit and meets the intentions of the zoning district in which it is
located; and 2) as conditioned, the Smog Station will operate in such a manner as to limit
impacts on the surrounding businesses.
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve P A 06-046,
Conditional Use Permit, to allow an AutomobileNehicle Repairs and Service use in the M-l (Light
Industrial) Zoning District subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subject to review and approval by the City of
Dublin. The following codes represent those departments/agencies responsible for monitoring compliance
of the conditions of approval: [PL.] Planning, [B] Building, [PO] Police, [DSR] Dublin San Ramon
Services District and [F] Alameda County Fire Department.
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CONDITION TEXT _Sl*ON. I WIlEN _".I> SOURCE
A..fitENCY Prior to:
fiENER,t - CONllI'l'lONA..L.USE.PE~T
1. Approval. This Conditional Use Permit PL On-going Planning
approval for PA 06-046 allows a smog
station at 6355 Scarlett Court #2. The
project shall generally conform with the
project plans received by the Planning
Division on July 12, 2006, on file In the
Community Development Department, and
other plans, text, and diagrams relating to
this Conditional Use Permit, unless
modified by the Conditions of Approval
contained herein.
2. Permit Expiration. Approved use shall PL On-going DMC
commence within one (1) year of CUP 8.96.020.D
approval, or the CUP shall lapse and
become null and void. Commencement of
use means the actual use pursuant to the
permit approval, or, demonstrating
substantial progress toward commenCIng
such use. If there is a dispute as to whether
the Permit has expired, the City may hold a
noticed public hearing to determine the
matter. Such a determination may be
processed concurrently with revocation
proceedings In appropriate circumstances.
If a CUP expires, a new application must be
made and processed according to the
requirements of the Dublin Zoning
Ordinance.
3. Continued Use. This Conditional Use PL On-going Planning
Permit approval shall become null and void
In the event the approved uses cease to
operate for a one-year period.
4. Annual Review. On an annual basis, this PL,PO On-going Planning
Conditional Use Permit approval may be
subject to a review by the Planning Manager
to determine compliance with the
Conditions of Approval.
5. Revocation. This permit shall be revocable PL On-going DMC
for cause in accordance with Dublin Zoning 8.96.020.1
Ordinance Section 8.96.020.1, Revocation.
Any violation of the terms of the terms and
conditions of this permit may be subject to
the issuance of a citation.
6. Modifications. Modifications or changes to PL On-going DMC
this Conditional Use Permit approval may 8.104.100
be considered by the Community
Development Director if the modifications
or changes proposed comply with Section
8.104.1 00 ofthe Zoning Ordinance.
PROJECT SPECIFIC
7. Service. No service work or repairs shall be PL On-going Planning
4
CONDITION TEXT RESPON. WHENREQ'D S01.JR.CE
AGENCY Prior to:
conducted outdoors.
8. Vehicle Storage. No vehicles shall be PL On-going Planning
stored on the premises. Campers, trucks or
recreational vehicles may not be stored
outside. No vehicle shall be parked In any
fire lanes or shall impede in the required 20
foot minimum roadway.
9. Property Maintenance. The Applicant and PL On-going Planning
Property Owner shall maintain the building,
site and all building materials, in good
condition and shall keep the site clear of
trash, debris and graffiti vandalism on a
regular and continuous basis.
10. Temporary Promotional Signage. Prior to PL Display DMC
the display of any temporary SIgns, 8.84.050.T
including banners, a Temporary
Promotional Sign Permit must be applied
for and approved.
BulliDlNG1'.DMSIO:N ~
i
11. Building Codes and Ordinances. All B Through Completion Building
project construction shall conform to all
building codes and ordinances in effect at
the time of building oermit.
12. Construction Drawings. Construction B Issuance of Building Building
plans shall be fully dimensioned (including Permits
building elevations) accurately drawn
(depicting all existing and proposed
conditions on site), and prepared and signed
by a California licensed Architect or
Engineer.
13. Addressing. Address will be required on B Occupancy Building
all doors leading to the exterior of the
building.
PlJDLIC~OBS .,
....
14. Clarifications and Changes to the PW Prior to Approval of Public Works
Conditions. In the event that there needs Improvement Plans
to be clarification to these Conditions of
Approval, the Directors of Community
Development and Public Works have the
authority to clarify the intent of these
Conditions of Approval to the
Applicant/Developer by a written document
signed by the Directors of Community
Development and Public Works and placed
in the project file. The Directors also have
the authority to make minor modifications
to these conditions without gOIng to a
public hearing in order for the Developer to
fulfill needed improvements or mitigations
resulting from imoacts ofthis oroiect.
15. Standard Public Works Conditions of PW Prior to Approval of Public Works
Approval. Applicant/Developer shall Improvement Plans
comply with all applicable City of Dublin
Public Works Standard Conditions of
5
CONDITION TEXT
16.
Approval. In the event of a conflict
between the Public Works Standard
Conditions of Approval and these
Conditions, these Conditions shall prevail.
Hold Harmless/Indemnification. The
Developer shall defend, indemnify, and
hold harmless the City of Dublin and its
agents, officers, and employees from any
claim, action, or proceeding against the
City of Dublin or its advisory agency,
appeal board, Planning Commission, City
Council, Community Development
Director, Zoning Administrator, or any
other department, committee, or agency of
the City to the extend such actions are
brought within the time period required by
Government Code Section 66499.37 or
other applicable law: provided, however,
that the Developer's duty to so defend,
indemnify, and hold harmless shall be
subject to the City's promptly notifying the
Developer of any said claim, action, or
proceeding and the City's full cooperation
in the defense of such actions or
oroceedings.
Conditions of Approval. A copy of the
Conditions of Approval which has been
annotated how each condition is satisfied
shall be included with the submittals to the
Public Works Department for the review
of the Parcel Map and improvement plans.
The notations shall clearly indicate how all
Conditions of Approval will be complied
with, and where they are located on the
plans. Submittals will not be accepted
without the annotated conditions.
Improvement Agreement and Security.
Pursuant to 97.16.620 of the Municipal
Code, the Applicant shall obtain a Sitework
Permit from the Public Works Department
for the installation of required site
improvements. As a condition of issuance
of said permit, Improvement Security shall
be posted in the form of cash, a certified or
cashiers check, a letter of credit, or a permit
bond executed by the applicant and a
corporate surety authorized to do business
in California. The amount of the security
will be based on the estimated cost of the
site work (excluding the building). The
applicant shall provide an estimate of these
costs for City review with the first plan
submittal.
Improvement Plans. All improvement,
plans submitted to the Public Works
17.
18.
19.
RESPON.
AGENCY
PW
PW
PL, PO, F,
PW, DSRSD
PW
6
WHEN REQ'D
Prior to:
Through completion
of Improvements and
occupancy ofthe
Buildings
With each submittal
of Improvement
Plans
Prior to Issuance of
Grading/Sitework
Permit
Prior to issuance of
GradingJSitework
SOURCE
Public Works
Public Works
Public Works
Public Works
CONDITION TEXT
20.
Department for review/approval shall be
prepared in accordance with the approved
SDR, these Conditions of Approval, and
the City of Dublin Municipal Code. When
submitting plans for review/approval, the
Applicant/Developer shall also fill-out and
submit a City of Dublin Improvement Plan
Review Checklist (8W' x 11" pages). All
of these reference documents are available
from the Public Works Department (call
telephone 925-833-6630 for more
information).
Sitework Permit. All improvement work
must be performed per a Sitework Permit
issued by the Public Works Department.
Said permit will be based on the final set
of civil plans to be approved once all of the
plan check comments have been resolved.
Please refer to the handout titled Site
Improvement Permit Application
Instructions and attached application (three
8W' x 11" pages) for more information.
The Applicant/Developer must fill in and
return the applicant information contained
on pages 2 and 3. The current cost of the
permit is $10.00 at the time of permit
issuance, although the
Applicant/Developer will be responsible
for any adopted increases to the fee
amount.
Water Quality/Best Management
Practices. Pursuant to the Alameda
Countywide National Pollution Discharges
Elimination Permit (NPDES) No.
CAS0029831 with the California Regional
Water Quality Control Board (RWQCB),
the applicant shall design and operate the
site in a manner consistent with the Start at
the Source publication, and according to
Best Management Practices to minimize
storm water pollution. All trash dumpsters
and compactors which are not sealed shall
have roofs to prevent contaminants from
washing into the storm drain system. All
storm drain inlets shall be stenciled "No
Dumping - Drains to Bay" usmg an
approved marker available from the
Alameda Countywide Clean Water
Program.
Disabled Parking. All disabled parking
stalls shall meet State Title 24
requirements, including providing curb
ramps at each loading zone. Curb ramps
cannot encroach within the
loading/unloading areas. Disabled stalls
21.
22.
RESPON.
AGENCY
PW
PW
PW
7
WHEN REQ'D
Prior to:
Permit
Prior to issuance of
Grading/Sitework
Permit
Prior to issuance of
Grading/Sitework
Permit
Within 90 days of
Planning Commission
Approval
SOURCE
Public Works
Public Works
Public Works
CONDITION TEXT
shall be conveniently located and grouped
near the primary entrances to each building.
Van accessible stalls shall also be provided
and shall meet State Title 24 requirements.
23. Vehicle Parking. Applicant shall repair
any distressed areas of pavement within the
existing parking field, then seal and re-
stripe the entire parking field. All parking
spaces shall be double striped usmg 4"
white lines set approximately 2 feet apart
according to Figure 76-3 and 98.76.070 (A)
17 of the Dublin Municipal Code. All
compact-sized spaces shall have the word
"COMPACT" stenciled on the pavements
within each space. 12"-wide concrete step-
out curbs shall be constructed at each
parking space where one or both sides abut
a landscaped area or planter. Wheel stops
as necessary shall be provided at the
parking stalls. Directional arrows shall also
be installed and appropriate directional
signage shall be installed to alert motorists
of the required path of travel to the
satisfaction of the Community
Develooment Director.
24. Damage/Repairs. The Applicant/Developer
shall be responsible for the repair of any
damaged pavement, curb and gutter,
sidewalk, or other public street facility
resulting from construction activities
associated with the development of the
proiect.
25. Trash Bins. All trash dumpsters, boxes and
bins shall be located in an approved trash
enclosure (see Conditions # 34 and 35) or
shall be located inside the tenant spaces.
Trash dumpsters or bins may only be
temporarily located outside of the building
for trash pickup. At no time shall the
dumpsters or bins or any similar item be
located in a parking space or in a fire lane.
26. Trash Enclosure/Garbage Area. The
proposed trash enclosure shall be
architecturally designed to be compatible
with the building. The enclosure shall have
a roof constructed of materials that area
architecturally compatible with the
building. The doors must be designed with
self-closing gates that can be locked closed
and can also be held open with pin locks
during loading. All trash bins used for this
site shall be maintained within the trash bin
enclosure(s) at all times. An area drain
shall be installed within the trash enclosure
with a connection to the sanitary sewer
RESPON.
AGENCY
PW
PW
PL,PW
PW
8
WHEN REQ'D
Prior to:
SOURCE
Within 90 days of Public Works
Planning Commission
Approval
Within 90 days of Public Works
Planning Commission
Approval
Following Planning Public Works
Commission
Approval
Within 90 days of Public Works
Planning Commission
Approval
CONDITION TEXT
system. In addition, a hose bib shall be
provided for convenient wash-down of the
trash enclosure. Prior to installation of a
trash enclosure, the Applicant or Property
Owner shall apply for and receive approval
of a Site Development Review Waiver and
a Building permit.
27. Refuse Collection. The
Applicant/Developer shall provide
designated refuse collection areas for the
project, subject to approval by the
appropriate solid waste collection company
prior to approval of improvement plans.
All refuse collection areas shall be screened
from public VIew and shall have roofs to
protect against rainwater intrusion and
floor drains connected to the sanitary sewer
system to collect runoff from periodic
washdown.
The refuse collection service provider shall
be consulted to ensure that adequate space
is provided to accommodate collection and
sorting of putrescible solid waste as well as
source-separated recyclable materials
generated by this proiect.
28. Required Permits. An encroachment
permit from the Public Works Department
may be required for any work done within
the public right-of-way. Developer shall
obtain all permits required by other
agencIes, including, but not limited to
Alameda County Flood Control and Water
Conservation District Zone 7, California
Department ofFish and Game, Army Corps
of Engineers, Regional Water Quality
Control Board, Caltrans and provide copies
of the permits to the Public Works
Department.
29. Fees. The Developer shall pay all
applicable fees In effect at the time of
building permit issuance, including, but not
limited to: Planning fees; Building fees;
Dublin San Ramon Services District fees;
Public Facilities fees; City of Dublin Fire
fees; Noise Mitigation fees; Inclusionary
Housing In-Lieu fees; Alameda County
Flood and Water Conservation District
(Zone 7) Drainage and Water Connection
fees; and any other fees as noted In the
Development Agreement.
FIRE P_VENTION DIVISION
30. No cutting, welding, open flame or draining
of fuel tanks will be done in the soace.
31. Occupancy Separations. Provide
RESPON.
AGENCY
PW
PW
PW
F
F
9
WHEN REQ"D
Prior to:
SOURCE
Prior to issuance of Public Works
Building Permit
Various Times and
Prior to issuance of
Building Permit
Prior to Issuance of
Building Permit
On-going
Occupancy
Public Works
Public Works
CBC 311.1,
CFC article 29
Fire
CONDITION TEXT RESPON. WIlEN_Q'D SOUR.CE
AGENCY Prior to:
occupancy separations from the adjacent
spaces as required by the CBC Chapter 3.
32. Hazardous Materials. The storage and use F On-going Fire
of hazardous materials shall comply with the
California Fire Code.
33. Knox Box. Provide a Knox Box or Knox F Occupancy Fire
Padlock at the entry to the tenant space.
34. Address Numbers. Approved address F Occupancy CFC 901.4.4
numbers shall be placed on the space in
such a position as to be plainly visible and
legible from the street or road fronting the
property. Said numbers shall be placed on a
contrasting background.
35. Codes. The project shall comply with F On-going Fire
Uniform Building and Fire Codes as adopted
by the City of Dublin.
POLICE..DEPA.R'I'MENT .... >
36. Security. The applicant shall comply with PO On-going Police
all applicable City of Dublin Non Residential
Security Ordinance requirements.
37. Address Numbers. Addressing and PO Occupancy Police
building numbers shall be visible from the
approaches to the buildinl!.
38. Lighting. Exterior lighting shall be PO Occupancy Police
installed over all doors. The applicant shall
submit a final lighting plan for approval by
the Dublin Police. A photo metric lighting
plan showing the foot candles provided by
the lighting fixtures will be part of this
lighting plan.
39. Parking Lot. Security lighting shall be PO On-going Police
provided in parking lot areas.
. 1.0 candle lights shall be installed at
ground level in parking lot areas
. lighting fixtures shall be of a vandal
resistant type.
40. Landscaping. Exterior landscaping shall be PO On-going Police
kept at a minimal height and fullness
reducing someone's ability to conceal
themselves.
41. Graffiti Abatement. The applicant shall PO On-going Police
keep the site clear of graffiti vandalism on a
regular and continuous basis at all times.
Graffiti resistant materials should be used.
42. Theft Prevention and Security. The PO On-going Police
applicant shall work with the Dublin Police
on an ongoing basis to establish an effective
theft prevention and security program.
43. Business Site Emergency Respons.e Card. PO On-going Police
The applicant will need to receIve and
complete a "Business Site Emergency
Response Card" from Police.
DUBLIN SANRAMON SERVICES DISTRICT
44. Prior to the issuance of any building permit, DSRSD Issuance of Building DSRSD
10
CONDITION TEXT
complete improvement plans shall be
submitted to DSRSD that conform to the
requirements of Dublin San Ramon Services
District Code, the DSRSD "Standard
Procedures, Specifications and Drawings for
Design and Installation of Water and
Wastewater Facilities", all applicable
DSRSD Master Plans and all DSRSD
policies.
45. Prior to issuance by the City of any Building
Permit or Construction Permit by the Dublin
San Ramon Services District, whichever
comes fIrst, all utility connection fees
including DSRSD and Zone 7, plan checking
fees, inspection fees, connection fees, and
fees associated with a wastewater discharge
permit shall be paid to DSRSD in accordance
with the rates and schedules established in
the DSRSD Code.
46. Prior to issuance by the City of any Building
Permit or Construction Permit by the Dublin
San Ramon Services District, whichever
comes first, all improvement plans for
DSRSD facilities shall be signed by the
District Engineer. Each drawing of
improvement plans shall contain a signature
block for the District Engineer indicating
approval of the sanitary sewer or water
facilities shown. Prior to approval by the
District Engineer, the applicant shall pay all
required DSRSD fees, and provide an
engineer's estimate of construction costs for
the sewer and water systems, a performance
bond, a one-year maintenance bond, and a
comprehensiye general liability insurance
policy in the amounts and forms that are
acceptable to DSRSD. The applicant shall
allow at least 15 working days for final
improvement drawing reVIew by DSRSD
before signature by the District Engineer.
47. No sewer line or waterline construction shall
be permitted unless the proper utility
construction permit has been issued by
DSRSD. A construction permit will only be
issued after all of the items in Condition No.
34 (above) have been satisfied.
48. The applicant shall hold DSRSD, its Board
of Directors, commissions, employees, and
agents ofDSRSD harmless and indemnify
and defend the same from any litigation,
claims, or fines resulting from the
construction and completion of the project
RESPON.
AGENCY
DSRSD
DSRSD
DSRSD
DSRSD
11
WHEN REQ'D SOURCE
Prior to:
Permit
Issuance of Building DSRSD
Permit
Issuance of Building DSR
Permit
On-going DSRSD
Issuance of Building DSRSD
Permit
PASSED, APPROVED AND ADOPTED this 8th day of August 2006 by the following vote:
AYES: Chair Schaub, Vice-Chair Wehrenberg, Commissioners Biddle, Fasulkey, and King
NOES: None
ABSENT: None
ABSTAIN: None
h/~~-_
Planning Commission Chair
ATTEST:
O:IP A#\2006\06-046 Smog StationlPC Reso Fina1.doc
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