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HomeMy WebLinkAbout06-09-1998 97-047 TCI Cable - CUP & SDR \,.- ; i City of Dublin Planning Commission Agenda Statement/Staff Report For June 9, 1998 Project: PA 97-047, TCI Cable- Conditional Use Permit and Site Development Review Applications Jerry Haag, Consulting Planner f Conditional Use Permit (CUP) and Site Development Review (SDR) to locate an outdoor storage yard in a PD Zoning District Prepared By: Description: Recommendation: Adopt a Resolution approving the application, subject to conditions of approval Background TCI Cable requests approval of a Conditional Use Permit (CUP) and Site Development Review (SDR) to locate an outdoor storage yard on a 7,000 square foot site located on the south side of Houston Place at the cul-de-sac terminus of the street. The storage yard would consist of an open, fenced yard which would contain material used to construct and maintain the regional cable television system, including cable reels, fiber optic cable, PVC conduit, utility vaults and miscellaneous cable hardware. No buildings would be constructed on the site and no new utility connections would be required. The applicant intends this to be a permanent facility. The lot on which the proposed use would be sited was created by a recent parcel map, approved by the City in 1996. The project site was previously used for outdoor storage has been paved with asphalt paving material. The site is presently used for vehicle storage. Improvements proposed by the applicant include construction of a combination split-face masonry wall/chain link fence along the Houston Place frontage:The wall/fence would have three 7-foot solid pilasters (columns) at each end of the frontage and centered on the frontage. The lower portion of the wall would be four feet in height elevating to six feet. The center portion of the screen would be chain link with privacy slats with an ultimate height of 7 feet. Side yard fencing would be seven feet in height and located along the westerly property line. Three strands of barbed wire would be placed atop the fence for security purposes along the two side and rear property lines. Chain link fencing with a \ Copies To: Applicant ITEM NO....l::h.l PA File 97-047 '. . ~ privacy slats has already been built for uses immediately south and east of the subject property so that new fencing is not required. A landscaped setback with a minimum dimension of twenty (20) feet would be provided adjacent to Houston Place in front of the walVfence. Access to the site would be provided along Houston Place from a 20-foot wide rolling chain link gate with slats. The gate would be designed to integrate with the front wall/fence. No other gates or accessways would be provided. No employees would be based on the site. TCI employees would visit the site to pick up or deliver materials as needed for specific jobs, generally between the hours of 7 :00 a.m. and 5 :00 p.m., Monday through Saturday. Landscape improvements would consist of two London Plane trees along with photinia and juniper shrubs. Permanent irrigation with automatic controllers would also be installed. A Site Development Review application was approved on the site immediately to the west in September, 1997 (P A 97-022). This application involved the construction of a 9,000 square foot industrial building with parking located adjacent to Houston Place. A five foot wide landscaped side yard setback would be provided along the common property line with the TCI site. Analysis Conditional Use Permit and Site Development Review processes have been established in the Dublin Zoning Ordinance to allow for special review of land uses which have a unique nature and could have a substantial effect on surrounding uses and properties. In order to approve the CUP and SDR applications, the Planning Commission must make all of the following findings: 1. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity. 2. The proposed use will not adversely affect the health or safety of persons residing in or working in the vicinity, or be detrimental to the public health, safety or welfare. 3. It will not be injurious to property or improvements in the neighborhood. 4. 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. 5. The subject site is physically suitable for the type, density, intensity of the use, circulation, setbacks, walls, safety for the use being proposed, and the project has been designed to provide a desirable environment.. 6. The proposed use will not be contrary to the specific intent clauses, development regulations, or performance standards established in the zoning district in which it is located. 7. Impacts to views are addressed. 2 ..:J -' 8. Architectural considerations have been taken into account including screening, exterior lighting, and scale with surrounding development. 9. Landscaping has been provided to ensure visual relief and attractiveness for the public. 10. The proposed use is consistent with the Dublin General Plan and with any applicable specific plan. Issues identified by staff include compatibility of the proposed use with surrounding uses, consistency with the Zoning Ordinance, and attractiveness of proposed improvements along Houston Place. Existing uses surrounding the site include storage yards to the north and south, a moving and storage establishment with a warehouse immediately to the west and a vacant parcel and truck service center to the east. Storage yards to the north and south are screened with chain link fences with privacy slats. The approved but not constructed industrial building to the west would have a five foot wide landscaped planter adjacent to Houston Place, on-site parking and additional landscaping in front of the building. Landscaping proposed for the TCI facility would be generally consistent with the width of adjacent landscaping. Therefore, the proposed storage use would be consistent with existing and approved surrounding uses. In addition, the anticipated limited vehicular traffic to the site should not conflict with existing warehouse and trucking operations fronting on Houston Place. , Site zoning is Planned Development-Zoning Unit 1411, which provides for light industrial zoning on the site with M-l Zoning District standards in effect. The M-I District provides for the establishment of storage yards with the issuance of a Conditional use Permit by the Planning Commission. In terms of development standards, the M-I District requires a 10-foot front yard, which would be exceeded by the proposed 20-foot front yard. Thus, if approved, the proposed use would be consistent with the Dublin Zoning Ordinance. The proposed use would also be consistent with the Business Park/Industrial: Outdoor Storage General Plan designation, which allows for outdoor storage of construction materials. Regarding the appearance of the storage yard, the applicant has agreed to provide a 20-foot wide landscaped setback adjacent to Houston Place as well as an upgraded splitface block wall and fence combination along Houston Place. Staff believes this streetscape treatment is attractive and will be an asset to the area. Staff recommends approval of the Conditional Use Permit and Site Development Review based on the findings and subject to conditions attached to the draft Planning Commission Resolution, Exhibit C. 3 =< General Information Applicant: TCI of California Property Owner: TCI of California 2333 Nissen Drive Livermore CA 94550 Location: 6310 Houston Place (APN 941-550-046) Existing Zoning: PD (Zoning Unit 1411)/M-l (Light Industrial) General Plan Designation: Business Parkllndustrial: Outdoor Storage Environmental Review: Class One Categorical Exemption (re-establishment of a previously existing land use) Attachments Exhibit A: Exhibit B: Exhibit C: Development Plan (site plan and conceptual landscape plan) Resolution approving Conditional Use Permit and Site Development Review Applicant's Written Statement 4 II 1 , RESOLUTION NO. 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 97-047, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR A TCI CABLE CONSTRUCTION STORAGE YARD, 6310 HOUSTON PLACE WHEREAS, TCI of California has requested approval of a Conditional Use Permit and Site Development Review to allow an construction materials storage yard on an existing 7,000 square foot lot, on a Planned Development (PD 1411) zoned site (APN 941-550-046); and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared accordingly; and WHEREAS, the project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the California Environmental Quality Act Guidelines. The project consists of a use similar in nature to the previous use on the site and does not involve the construction of any new buildings; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on June 9, 1998; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Conditional Use Permit and Site Development Review applications subject to conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The proposed use serves the public need and interest by providing a central storage yard for TCI, a public utility provider in Dublin and surrounding communities. EXHIBIT b ~ B. The proposed use will be properly related to other land uses and transportation facilities by being located adjacent to existing storage facilities with adequate access provided to Dougherty Road via Houston Place. C. The proposed use will not materially adversely affect the health or safety or persons working near the vicinity since the prime operating hours of the proposed facility will be generally the same as nearby uses. Nor will the proposed use be materially detrimental to the public welfare or injurious to surrounding property or improvements, as applicable City regulations and conditions will be met and the site will be attractively screened along Houston Place frontage and side property lines. D. The proposed use will be consistent with the intent clause of the M-l Zoning District, which encourages high standards of landscape design which comply with all of the standards and provisions of the District. E. The site is physically suitable for the type and intensity of the proposed use, including the primary use, setbacks, landscaping and screening. F. Impacts to views are addressed through adequate screening on all sides of the site. G. Local utilities are adequate to accommodate the proposed use. H. The proposed use is consistent with the Dublin General Plan. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission hereby conditionally approves PA 97-047 a Conditional Use Permit and Site Development Review to allow an outdoor construction materials storage yard at 6310 Houston Place. Improvements related to he application are generally depicted by materials labeled Exhibit A, stamped "approved" and on file in the Dublin Planning Department, which includes a Site Plan submitted by the applicant date-stamped April 20, 1998, for PA 97-047. The following conditions are attached to this approval: CONDITIONS OF APPROVAL Unless otherwise stated. all Conditions of Approval shall be complied with prior to final occupancy of any building and shall be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance with the Conditions of Approval: fPL 1 Planning. rBl Building, rpOl Police. rPWl Public Works. rADMl Administration/City Attorney, rFINl Finance. rpCSl Parks and Community Services. rFl Fire. rDSRSDl Dublin San Ramon Services District. rCOl Alameda County Flood Control and Water Conservation District Zone 7. 2 1. PA 97-047, an outdoor construction materials storage yard for TCI Cable of Cali fomi a, is approved for a Conditional Use Permit and Site Development Review, as set forth on Exhibit "A." (PL) 2. The Conditional Use Permit and Site Development Review is revocable for cause, upon the determination that the conditions of approval are not met, or if the above-stated findings of approval cannot be met. Failure to comply with the conditions of approval or to make substantial progress on required improvements within one (1) year from the effective date of approval shall cause the Conditional Use Permit and Site Development Review to be null and void. (PL) 3. All necessary permits shall be obtained from the Dublin Building Department, Dublin Public Works Department and Alameda County Fire Department. (PL) 4. Prior to the issuance of building permits, all applicable fees shall be paid to the City of Dublin and any other applicable agency. (PL) 5. All transformers, irrigation control boxes, backflow devices, valves and similar appurtenances shall be enclosed in vaults, fencing and/or painted out or landscaped, as determined acceptable by the Community Development Director. The location of these devices shall be indicated on the final landscape plan. (PL) 6. The Developer shall comply with all applicable Fire Department, Public Works Department, Police Service, Alameda County Flood Control District 7 and Dublin San Ramon Services District requirements. Prior to the issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each agency or department to the Planning Department, indicating that all applicable conditions required have or will be met. (PL) 7. The Developer shall defend, indemnify and hold harmless the City of Dublin and its agent, officers and employees from any claim, action, or proceeding to attack, set aside, void, annul, an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, any other department, committee or agency of the City concerning the proposed development, provided, however, that the Developer's duty to defend, indemnify, hold harmless shall be subject to the City's notifying the permittee of any claim, action or proceeding and the City's full action and proceeding. (PL) 8. This permit and approval shall be revocable for cause in accordance with applicable sections of the Dublin Zoning Ordinance. Any violation of the term or condition of the Conditional Use Permit and Site Development Review may be subject to the issuance of a citation. (PL) 3 f? . 9. A final landscape shall be approved by the City's Landscape Architect, including planting and irrigation components. Landscape improvements shall include an automatic sprinkler control device. The Developer shall pay a deposit to the City of Dublin to have the final landscape plan checked. (PL) 10. The Developer shall replace the existing curb and gutter with a vertical curb and gutter with an appropriate driveway section. In addition, the Developer shall construct a sidewalk adjacent to the required vertical curb and gutter. All improvements outlined shall be outlined shall be constructed along the frontage on Houston Place in a public right-of-way. Plans for improvements shall be prepared by a Civil Engineer to current City standards and submitted of the Dublin Public Works Department for review and comment. (PW) 11. The Developer shall, at a minimum, recondition the existing asphalt pavement by applying a slurry seal to the existing pavement. (PW) 12. The Developer shall replace all damaged or failed asphalt pavement where determined by the Director of Public Works. (PW) 13. The Developer shall obtain all necessary permits, pay all necessary permits and post bonds as required. (PW) 14. The storage yard shall be inspected by the Alameda County Fire Department prior to final building inspection of the facility. (PW) 15. The access gate shall be fitted with a KNOX box device. (PW) 16. A site address shall be installed along the front wall/fence per Alameda County Fire Department standards. (F) 17. The Developer shall comply with Police Department security requirements for commercial/industrial project, including a) Installing a security padlock with a key retaining feature on the access gate. b) Providing security lighting along the perimeter of the storage yard to the satisfaction of the Dublin Police Department. c) Completing an emergency notification form and submitting same to the Police Department. d) Posting the driveway for "no parking."(P) 18. The Developer shall work with Zone 7 staff to destroy unused water wells on the site. (Zone 7) 4 Q I 19. Prior to the issuance of any building permits, complete improvement plans shall be to. DSRSD that conform to the requirements of the DSRSD Code, the DSRSD "Standard Procedures and Specifications and Drawings for the Design and Installation of Water and Wastewater Facilities, " all applicable DSRSD Master Plans and all DSRSD policies. (DSRSD) 20. Prior to the insurance by the City of any building permit, all utility connection fees, plan check fees, inspection fees, permit 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. (DSRSD) 21. Prior to the issuance by the City of building permits, 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 the approval of the sanitary sewer or water facilities shown. Prior to approval of the District Engineer, the applicant shall pay required DSRSD fees and provide an engineer's estimate of construction for sewer and water facilities, a performance bond, a one-year maintenance bond and a comprehensive general liability 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 prior to signature by the District Engineer. (DSRSD) 22. No sewer or water line construction shall be permitted unless proper utility construction permits have been issued by DSRSD. A construction permit will only be issued after all of the items in Condition 20 have been satisfied. (DSRSD) 23. The applicant shall hold DSRSD, its Board of Directors, commissions, employees, and' agents of the DSRSD harmless and indemnify and defend same from any litigation, claims or fines resulting from the construction and completion of the project. (DSRSD) PASSED, APPROVED and ADOPTED this 9th day of June, 1998. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director 5 JO WRITTEN STATEMENT APN 941-550-62 a. This property will be used to store construction materials such as PVC conduit, boxes, pedestals, coaxial and fiber cables, steel strand, and underground and aerial construction hardware. The site will be secured with chain link fencing & screening so it will not be visible to surrounding businesses. b. The site will not be manned, therefore there will not be employees on site except to pickup and deliver materials. c. The normal hours for pick-up and delivery of materials would be Mon. thru Sat. 7:00am to 5:00pm. However, pick-up and delivery will typically only occur 3-4 times per day. d. These materials will be used to construct and maintain cable plant in the communities of Dublin, San Ramon. Livermore, Pleasanton and Castro Valley. e. This site is centrally located in our system which will help expedite construction of our service to new homes. f. The activities at this should not be disruptive to any of the surrounding businesses since it only involves loading of trucks and reel trailers. g. Since no chemicals or liquids will be stored at this site and there will be no processing or manufacturing of any kind there will be no negative effects on the health or safety of people working in the area. h. The only structure on the property will be a fence with screening and should not create any negative impacts on property, transportation systems or existing improvements in the neighborhood. 1. No, this site is not located on a hazardous waste and substance site. ~6~~ ~ ~' ,. ", f "." r- " ~ ... "-h. ..- _..J ....-,.. '" 2 uCi" t. 1997 EXHIBIT C OU~~iN at ..."H.:...... r,... ."''-U'fv l\