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HomeMy WebLinkAboutPC Reso06-32 CUP Barbed Wire Fence 06-039 RESOLUTION NO. 06 - 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO LEGALIZE A BARBED WIRE FENCE LOCATED AT 6335 SCARLETT COURT (APN 941-0550-015-04) PA 06-039 WHEREAS, the Applicant, Doreen Green, has requested a Conditional Use Permit to legalize a barbed wire fence which has been installed at 6335 Scarlett Court, APN 941-0550-015-04, in the M-l (Light Industrial) Zoning District; and WHEREAS, the barbed wire fence is located between Scarlett Court and the existing building located at 6335 Scarlett Court; and WHEREAS, a barbed wire fence is permitted 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, which are on file in the Community Development Department; 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 categorically exempt under the CEQA Guidelines Section 15301 as it is a comparable use in an existing building with minor alteration; and WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public hearing on said application on August 22, 2006; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: A. The proposed barbed wire fence, as conditioned, is compatible with other land uses, transportation and service facilities in the vicinity because: I) the property is zoned M-1 (Light Industrial); 2) Dublin Zoning Ordinance Section 8.72.080.E states that a barbed wire fence is permitted with a Conditional Use Permit; 3) the proposed barbed wire fence is compatible with fences in the vicinity which have barbed wire; and 4) the proposed location of the fence is adjacent to Scarlett Court and an existing building and will be used to enclose an existing approved storage yard. B. The proposed use, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health safety and welfare because: 1) the proposed barbed wire fence will be used to enclose an existing approved storage yard; 2) the barbed wire fence will be used to secure an area which is used to store construction materials which are for sale; 3) as conditioned, the property owner will be required to exercise adequate maintenance of the fence to ensure compliance with all regulations and to ensure safety on the site; and 4) as conditioned, the property owner is required to install a landscape buffer between the fence and the sidewalk to provide a buffer, for safety purposes, for pedestrians using the sidewalk. C. The proposed use, as conditioned, will not be injurious to property or improvements in the neighborhood because: 1) as conditioned, the proposed use will comply with all City of Dublin and State regulations; 2) the proposed barbed wire fence will surround an existing outdoor storage yard which is located between the existing building and Scarlett Court; 3) the proposed fence is appropriate in the Light Industrial Zoning District which allows for outdoor storage; 4) the proposed fence will be compatible with the surrounding uses; and 5) as conditioned, the property owner will be required to install landscaping adjacent to Scarlett Court to comply with the Conditions of Approval for the storage yard (P A 83-059) and to ensure safety of pedestrians in the vicinity. 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 barbed wire fence will be located on an existing site and will not require additional public services; and 2) the property was designed to accommodate a variety of uses and structures, with which the proposed barbed wire fence is compatible. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the new fence was constructed to replace an existing fence located in the same location; 2) the barbed wire on top of the fence was installed to keep intruders out of a storage yard; and 3) a barbed wire fence is consistent with fences which are used to enclose a storage area. F. The proposed use 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 and is a permitted use when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; and 2) the proposed barbed wire fence 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 fence is small in size, meets the needs of business operator and is compatible with the surrounding land use. G. The proposed use, as conditioned, is consistent with the Dublin General Plan because: 1) the General Plan Land Use designation for the parcel is Business Park/Industrial and Outdoor Storage, which permits outdoor storage; 2) the proposed use is permitted with a Conditional Use Permit and is compatible with the zoning district in which it is located; and 3) as conditioned, the proposed the fence will be maintained in such a manner as to limit impacts on the surrounding businesses and to promote safety of pedestrians in the area. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve P A 06-039, Conditional Use Permit, to allow a barbed wire fence in the M-l (Light Industrial) Zoning District subject 2 to the following Conditions of Approval and as shown on Exhibit A and Exhibit B incorporated and attached herein: CONDITIONS OF APPROVAL: Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rPLl Planning. rBl Building. rpOl Police. rpwl Public Works. rADMl Administration/Citv Attornev. rFINl Finance. rFl Alameda County Fire Department, rnSRSDl Dublin San Ramon Services District, rCOl Alameda County Department of Environmental Health. CONDITION TEXT GENERAL - CONDITIONAL USE PERMIT 1. Approval. This Conditional Use Permit approval for PA 06-039 allows a barbed WIre fence at 6335 Scarlett Court which encloses an outdoor storage yard between the building and Scarlett Court. The project shall generally conform with the project plans received by the Planning Division on June 30, 2006, on file in the Community Development Department, and other plans, photos, text, exhibits and diagrams relating to this Conditional Use Permit, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approved use shall commence within one (1) year of CUP 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 commenclllg 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 III appropriate circumstances. If a CUP expires, a new application must be made and processed according to the requirements of the Dublin Zoning Ordinance. 3. Continued Use. This Conditional Use Permit approval shall become null and void III the event the approved uses cease to operate for a one-year period. 4. Annual Review. On an annual basis, this RESPON. AGENCY WHEN REQ'D Prior to: SOURCE PL On-going Planning PL On-going DMC 8.96.020.D PL On-going Planning PL,PO On-going Planning 3 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 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 PL On-going DMC to this Conditional Use Permit approval 8.104.100 may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. PROJECT SPECIFIC -CONDITIONAL USE PERMIT 7. Property Maintenance. The Applicant and PL On-going Planning Property Owner shall maintain the fence, 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. 8. Existing Fence Poles. The property owner PL Within 30 days of Planning shall remove all fence poles and other items Planning associated with the previous fence which Commission has been removed. Approval 9. Maintenance of Fence. The barbed WIre PL On-going Planning located on top of this fence shall be maintained at all times. At no point may the design of the barbed WIre, with three straight and tight rows of black wire, as shown on Exhibit A, attached, be changed. Additional barbed wire or razor wire may not be added to the fence. If at any time the barbed wire comes loose or is hanging, the property owner shall immediately replace the wire with new black wire to match the approved wire. 10. Trash and Waste Accumulation. The PL On-going Planning Applicant or any future owner shall provide and conduct regular maintenance of the site at least once daily, in order to eliminate and control the accumulation of trash, excess waste materials and debris. LANDSCAPING 11. Landscaping. Within 60 days from approval by PL Within 60 days of PL the Planning Commission, the property owner Planning 4 CONDITION TEXT shall submit a Landscape Plan which shows that one 24" box tree will be planted between the property exit on the west side of the fence and an existing tree to match the existing trees and one 24" box tree will be planted in between the four existing trees, as shown on Exhibit B to match the existing trees. Additionally, the Landscape Plan shall also include tall evergreen shrubs along the fence. 12. Required Landscaping. All landscaping required by Condition No. II and shown on the approved Landscape Plan shall be installed within 90 days of Planning Commission approval. 13. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. 14. Plant Standards. All trees shall be 24" box mInImum and all shrubs shall be 5 gallon mInImum. 15. Maintenance of Landscaping. All landscaping materials shall be maintained in accordance with the "City of Dublin Standards Plant Material, Irrigation System and Maintenance Agreement" by the Developer after installation. This maintenance shall include weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed modifications to the landscaping on the site, including the removal or replacement of trees and/or shrubs required in conjunction with this permit, shall require prior review and written approval from the Community Development Director. 16. Root Barriers and Tree Staking. The landscape plans shall provide details showing root barriers and tree staking will be installed which meet current City specifications. 17. Trees. The property owner shall continually maintain all existing trees and the trees and shrubs required by these Conditions of Approval and shown on the approved Landscape Plans including replacing dead or dying trees or shrubs with the same species, pruning and regular watering of the trees and shrubs. Within five years and every five years thereafter, all trees and shrubs which are to be installed in conjunction with this phase of the project shall show substantial growth to the RESPON. AGENCY PL 5 WHEN REQ'D Prior to: Commission Approval Within 90 days of Planning Commission Approval SOURCE Planning CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: satisfaction of the Community Development Director. If the trees and/or shrubs have not shown substantial growth, the property owner shall replace the trees and/or shrubs to the satisfaction of the Community Development Director. 18. Scarlett Court. The landscape plans shall show that trees will be planted along Scarlett Court. The trees must be installed prior to occupancy of the building. FIRE PREVENTION DIVISION 19. Knox Box. Provide a Knox Box or Knox F 30 days from date of Fire Padlock at the gates. Planning Commission Approval OTHER 20. Vehicie Parking. Applicant shall repair PL Within One Year of Planning any distressed areas of pavement within the Planning existing parking field, then seal and re- Commission stripe the entire parking field. All parking Approval spaces shall be double striped using 4" white lines set approximately 2 feet apart according to Figure 76-3 and ~8.76.070 (A) 17 ofthe 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. 21. All debris, garbage and similar items III PL Within 90 days of Planning parking stalls and in the circulation areas Planning shall be removed from the property within Commission 90 days of the approval of this Conditional Approval Use Permit. 6 PASSED, APPROVED AND ADOPTED this 22nd 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 N~ Planning Commission Chair ATTEST: O:\P A#\2006106-039 Barbed Wire Fence\PC Resolution.doc 7