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HomeMy WebLinkAbout03-18-1991 Item 8.3 91-005 Amercn CityTruckStop CUP TO: FROM: PREPARED BY: SUBJECT: GENERAL INFORMATION: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: March 18, 1991 Planning commission Planning Staff Pf ~d~ Ralph Kachadourian, Assistant Planner~ ,~~~~."r.merican city Truck stop ~ Conditlonal Use Permit PROJECT: APPLICANT/ PROPERTY OWNER: LOCATION: ASSESSOR PARCEL: PARCEL SIZE: GENERAL PLAN DESIGNATION: EXISTING ZONING AND LAND USE: SURROUNDING LAND USE AND ZONING: Conditional Use Permit renewal request to continue the operation of an existing truck stop, weigh scale, long term storage of trucks and ancillary retail space Fred L. Houston 7080 Donlon Way, suite 208 Dublin, CA 94568 6310 Houston Place 941-550-46 1.41.:!:. acres Business Park/Industrial: Outdoor storage PD (Planned Development District) allowing both C-2 (General Commercial) and M-1 (Light Industrial) uses North: PD/Planned Development District; ABC Lumber/Equipment storage Yard PD/Planned Development District; Borcher Brothers Equipment Yard PD/Planned Development District; Admiral Moving & storage Warehouse PD/Planned Development District; Kahler's Automotive/winston Tire store South: East: West: ----------------------------------------------------------------- ITEM NO. 8.S COPIES TO: Applicant Owner Address File PAGE..L OF J:L ZONING HISTORY: C-3973: PA 83-016: PA 84-006: PA 84-082: PA 85-049: PA 86-066: On March 4, 1981, Alameda county zoning Administrator approved a Conditional Use Permit for the existing truck stop and weigh station. On July 5, 1983, the Planning Commission approved a tentative parcel map, Parcel "C" of Parcel Map 4008 for Winning Action Investments. On July 2, 1984, the Planning commission approved a Conditional Use Permit for an existing truck stop and weigh station for Winning Action Investments. On January 21, 1985, the Planning commission approved a Conditional Use Permit for Winning Action Investments for an existing truck stop and weigh station. On January 20, 1986, the Planning commission approved a Conditional Use Permit for Winning Action Investments for an existing truck stop weigh scale, long term truck storage and ancillary retail space. On June 5, 1990, the Planning Director approved a two year time extension for PA 85-049 Conditional Use Permit to be valid until January 20, 1991. On July 16, 1986, the Planning Director approved a site Development Review for wall signs for American City Truck stop. APPLICABLE REGULATIONS: section 8-51.3 (I) states that other uses which are found by the Planning Commission as may meet the intent of the district require approval of a conditional use permit in the M-1 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: This project has been found to be categorically Exempt from CEQA under section 15301, Class 1 of -2- PAGE ~ OF .tf.. the California Environmental Quality Act guidelines. This use consists of the operation of an existing truck stop involving no expansion of use beyond that previously existing. NOTIFICATION: Public Notice of the March 18, 1991 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting Conditional Use Permit approval to continue the operation of an existing truck stop, weigh scale, long term storage of trucks and ancillary retail space located at 6310 Houston Place. The previously approved Conditional Use Permit, PA 85-049, was granted a two (2) year time extension by Staff with an expiration date of January 20, 1991, as provided for by Condition #3 of that use permit. On January 17, 1991, the Applicant submitted an application for a new Conditional Use Permit to continue the existing truck stop use. The truck stop consists of an existing 6300 square foot servicing facility with a fueling island, weigh scale, available space for retail use and a paved parking and maneuvering area for trucks and trailers located to the east of the building. The truck stop operates from 6:00 a.m. to 10:00 p.m., Monday through Friday and 6:00 a.m. to 12:00 noon on Saturdays. The business is closed on Sundays. The parking requirements for the site has not changed from the previous Conditional Use Permit approval and adequate on-site parking is provided. There are currently six parking spaces along the west portion of the site and fourteen oversized parking spaces for trucks and trailers along the east portion of the property. The oversized parking area is currently being used by Admiral Van and Storage for parking and storage for their own truck/trailers, vehicles and equipment. During review of this new Conditional Use Permit application, staff has determined that the landscaping, as originally required by the previous Conditional Use Permit, PA 85-049, was inadvertently not completed (see Attachment 2, Condition #13, Resolution No. 86-004). In recent discussions with the Applicant, Staff indicated that the recommendation to the Planning Commission would include the requirement for installation of landscaping along the south and east perimeter of the property (see Exhibit A Staff Study). Landscaping for this site is appropriate and would be consistent with recent approvals within the city. A condition is included in the draft resolution requiring that the Applicant install this landscaping on the site. The Applicant has indicated a -3- PAGE 3 OF rl.. reluctance to install the perimeter landscaping area depicted in Exhibit A. On August 10, 1987, a warning notice was issued to the truck stop owner for a zoning violation concerning outdoor storage of a cargo container on site. subsequently, the container was removed without need for further enforcement. Since that violation, no other zoning or police enforcement actions have occurred at the American city Truck stop site. This application has been reviewed by the applicable public agencies and city departments and all applicable conditions of approval have been incorporated into the draft resolution. The application as proposed is in conformance with the regulations of the zoning Ordinance. RECOMMENDATIONS: FORMAT: Open public hearing and hear Staff presentation. Take testimony from Applicant and the public. Question Staff, Applicant and the public. Close public hearin9 and deliberate. Adopt draft resolut1on approving PA 91-005 Conditional Use Permit, or give Staff and Applicant direction and continue the matter. Staff recommends the Planning Commission adopt the draft resolution approving PA 91-005, American City Truck stop Conditional Use Permit at 6310 Houston Place. ACTION: ATTACHMENTS: 1) 2) 3) 4) 5) Exhibit A: Exhibit B: site Plan/Staff Study Landscape Plan of January 20, 1986 Draft Resolution Approving PA 91-005 Conditional Use Permit Background Attachments: Attachment 1: Applicant's Plan Submittal Attachment 2: Resolution No. 86-004 Attachment 3 Location/Zoning Map -4- PAGE!L OF .rl ~"""'-:-:---""'.:-.A . PLACE rAff ?/' b' , !>':t " ::c o c CJ) -I ,0 Z -U r )> () m 1 ,~.:.. .. ~r.. ! ; , ! i /' ;? .-.;. .....,. ,., ..... -- ......'.;...... " . :. f...... . . "1" e'" ", ltt.,. --:;..-, '.~". ..,...._..:;.:~~:. . ..~ . <\.... . 'j . .-.:. .' -;: . ..'l.';f~ .' .~:-.~:r'.~~~:~~;~~~~~~~~ '.. ''::::..... ::x;;~.... ...... _ ...,..'......'" ,.;':'. .:;,~.~ ~ %. ~:~ ~ .~'~~~:: /:.::~;~.;t;;~'?~~~If~_ . .' ~ -.a ";;?-,~ - . ...", :. ~ ~,... _~ .', "'1~"".""'''' }'Jjli;.;;'('.:i~l!.,;;' ."~'" ..,', '<::~\';("'~~.'~:..,'~~.,..;.E.~,~..','_..i:2:L,.,~!.~',':.~f.:;..~~,''r-',:.:~...fr-~~.~:~-~:: "_":. _ .:; -:,:.:.-.:..]'i:~::'" :-. _..... _ ...:,........ . ' ;;#~"~}~;':;?,E;fi;,1.?;. ~;-J ,.,~~:.:;~.~~':.:.,.::.". ".' ,',' PAGE 2... OF J!:f- -~-::"; . /?~ ....-.:.:..-.. -,.!'. :. ~:: :::i:.: ~ ~ . J' RESOLUTION NO. 91 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN --------------------------------------------------------------------- APPROVING PA 91-005 AMERICAN CITY TRUCK STOP CONDITIONAL USE PERMIT TO OPERATE A TRUCK STOP, WEIGH SCALE, LONG TERM STORAGE OF TRUCKS AND ANCILLARY RETAIL SPACE AT 6810 HOUSTON PLACE WHEREAS, Fred L. Houston, owner of American City Truck stop, filed an application for a Conditional Use Permit to allow the continued operation of a truck stop, weigh scale, long term storage of trucks and ancillary retail space at 6310 Houston Place; and WHEREAS, the City of Dublin Zoning Ordinance allows other uses found by the Planning commission as may meet the intent of the M-1 District subject to approval of a Conditional Use Permit process; and WHEREAS, the Planning Commission did hold a public hearing on said application on March 18, 1991; 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 15301, Class 1 ; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved, subject to conditions; 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 proposed project will serve a public need by providing a truck stop, weigh scale, long term storage of trucks and ancillary retail space to the community. B. The use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible to the type and nature of operations typically found in the neighborhood. C. The 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 use will not be contrary to the specific intent clauses or performance standards established for the district in which it is to be located, in that conditions have been applied to insure conformance with the zoning Ordinance. EXHIBIT B PAGE icL OF J.:l E. The use is consistent with the policies of the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning commission does hereby conditionally approve PA 91-005 American City Truck stop Conditional Use Permit as 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 building permits or establishment of use. and shall be subject to Plannino Department review and approval. The followina codes represent those deoartments/agencies responsible for monitoring comoliance of the conditions of approval. rPLl Planning. rBl Buildino, rpOl Police. rpWl Public Works. rADMl Administration. rFINl Finance. rFl Dougherty Regional Fire Authority. rDSRl Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health. 1. PA 91-005 is approved for a truck stop, weigh scale, long term storage of trucks and ancillary retail space, located at 6310 Houston Place as generally depicted on the site plan/staff-Study dated January, 1986, stamped approved, labeled Exhibit A, and as modified by Conditions of Approval. [PL] 2. A detailed landscape and irrigation plan for the phase two landscaping as shown on the Staff-Study Landscape Plan modified by the Planning Commission at its hearing on January 20, 1986, shall be submitted for review and approval by the Planning Director within 30 days of the effective date of approval of this Conditional Use Permit. The landscaping for the second phase shall be installed within 90 days of said approval. [PL] 3. The existing landscaping along the north and west portions of the property shall be maintained in a viable and well kept manner at all times. Any proposed changes in the landscape layout, design or plant type shall be subject to review and approval of the Planning Director. [PL] 4. A parking lot striping plan shall be submitted for review and approval by the Planning Department. The striping plan shall show double- striped parking spaces and the repainting of arrows and pavement markings on the site. [PL] 5. Upon approval of Condition #4, all existing striping, arrows and pavement markings on the site shall be repainted to the satisfaction of the Planning Director within 90 days. [PL] 6. All activities shall be controlled so as not to create a nuisance to the existing and/or future businesses on parcels adjoining the subject property. [PL] 7. Any new or proposed signs added to the site shall be subject to review and approval by the Planning Department prior to installation. [PL] - 2 - ~E~~~ 8. No loudspeakers or outside amplification of music shall be allowed. [PL] 9. The property shall be maintained in a clean and litter-free condition at all times. [PL] 10. No outdoor storage of any materials or equipment is allowed except long term truck storage. [PL] 11. The Applicant must comply with all requirements of the Alameda county Department of Environmental Health and Dougherty Regional Fire Authority relating to the existing underground fuel tank on site. [CO, F] 12. The Applicant shall provide written documentation to the Planning Department that the requirements of Alameda County Department of Environmental Health and Dougherty Regional Fire Authority have been met. [PL] 13. The Applicant shall bring the site into conformance with the project conditions of approval within ninety (90) days from the effective date of this approval. [PL] 14. No modifications to the site shall occur without prior review and written approval of the Planning Director and must comply with all applicable Zoning, Building Code and Public Works regulations including issuance of building permits if required. [PL, B, PW] 15. On at least an annual basis, this Conditional Use Permit shall be subject to zoning Investigator review and determination as to compliance with the conditions of approval. [PL] 16. This permit shall be null and void in the event the approved use ceases to operate for a continuous one year period. [PL] 17. 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 18th day of March, 1991. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director - 3 - PAGE ~ OF li.. ". -.-' ~ '. . .".. "". " , ..:' '. .' ," '" :." I I " '\-:7 . ,C:o-:;": r-" t:~ '=.' IT1 "':....0 ',J 0 ~~ '-.~ ~ Z l ^,,' Z ~ '"J,=2 '-"-' Z I lJ 1 .;::- L.., \\,( ~- \ ~((~ ' \, <$.,' ~ \\ " , ~ ~\ 'I' \~ ~~ Vk (~r', ~ ~ ~''- ~~~ ~ r\ ~ ~ , 3J15' ~ IJ.. J"Kl5'N1 M , fI' .~\ " 1 .' ~ JIl (A. ~ ~ - ~j ~ t i,', ~ '" ':> , , ~ c.. !! ~ ~____ I. I I' I I I ~ 1 I I I I I n Gl ClJ .. <,\'c ":. .=.. r . ~~ ~~ ~ ~O?~ ~ ,~~ ~ . . ~J <I'l/'Io-c! - , ~ ' II ~; 0_ ' -- Q. "', Iffi' +0. c:::::> J ~ 't ~', . ~ . ," . '. .=aLl$' )S1W)1 ~ ~ :r: 0 c en le '-1 0 Z ~~ u !!\~ r . f :t::- O r--I m I I I I :~ I I~ 10 I I ~ 1 I I I ~ ~ ~ ~ ~ !:r ~ ~ .? , ..,... !;';':~""'" z~ ATTACHMENT I PAGE 3- Of J:L , , .. / RESOLUTION NO. 86-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ----------------------------------------------------------------- APPROVING PA 85-049 HOUSTON/WINNING ACTION INVESTMENTS, INC., REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A TRUCK STOP AND WEIGH STATION WITH EXTERIOR LONG TERM STORAGE OF TRUCKS AND ANCILLARY RETAIL SALES (TIRES) AT 6117 DOUGHERTY ROAD (PARCEL "B" OF PARCEL MAP 4008) WHEREAS, Fred L. Houston, representing Winning Action Investments, Inc., filed an application on June 15, 1985, for a Conditional Use Permit to allow the continued operation of a truck stop and weigh station with exterior long term storage of trucks and ancillary retail sales (tires) at 6117 Dougherty Road; and ' WHEREAS, the Conditional Use Permit previously covering this use (PA 84-082) expired on May 6, 1985, and the use has continued without benefit of a valid permit; and WHEREAS, the Planning Commission did hold a public hearing on said application on January 20, 1986; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Negative Declaration has been prepared and adopted for a previous application (PA 84-006) in accordance with the provisions of the California Environmental Quality Act and is recommended by Staff to be utilized for this request; and WHEREAS, a Staff Report' was submitted recommending the application be conditionally approved; and WHEREAS, the Planning Commission did hear and cons~aer all said reports, recommendations and testimony hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby find: A. The uses are required by the public need to provide a truck stop and weigh station. B. The uses will be properly related to other land uses and transportation and service facilities in the vicinity as day time and early evening activities would be commensurate with the present use of properties in the area. C. The uses will not materially adversely affect the health, safety or persons residing or working in the vicinity or be materially detrimental to the public welfare or injurious to property or improvements in the area, as all applicable regulations will be met. ATTACHMENT. 2- PAGE JQ.. OF l..i -,- D. The uses will not be contrary to the specific intent clause or performance standards established for the district in which it is to be located as a truck stop and weigh station, with limited impacts, is consistent with the character of the industrial district. E. The approval of the use permit will be consistent with the policies in the Dublin General Plan. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve said application as shown on Exhibit "B" on file with the Dublin Planning Department and subject to the following conditions: 1. Development and use of subject property shall be generally as shown on the site plan submitted with the application and as described by the applicant's written statement, both dated received by the Dublin Planning Department on June 10, 1985, as modified by the revised site plans dated received July 17, 1985, and January 3, 1986, and the expanded description of the proposed use of the property dated received January 3, 1986. This approval covers the proposal to enclose the southern portion of the existing building as regards Conditional Use Permit approval, but does not constitute the Site Development Review approval which must be considered by a separate, subsequent Site Develpment Review submittal prior to that modification to the building being performed. Development shall be subject to the conditions listed below. 2. The permit is issued to the applicant, Fred L. Houston/ Winning Action Investments, Inc., only, and shall not be transferable. 3. The permit shall be valid for a period of three (3) years, at which time the applicant may request an'administrative extension of two (2) additional years. Said extension may be granted by the Planning Director upon his determination that the Conditions of Approval for this project remain adequate to assure that the Findings of Approval can continue to be met. The Planning Director may refer the request for extension to the Planning Commission for determination. The uses established under this permit shall be subject to review after the one-year anniversary of the effective date of the permit to determine compliance with the above conditions or what additional requirements may be needed. The Planning Director may refer the matter back to the Planning Commission for disposition. 4. No loudspeakers or amplified music shall be permitted outside the enclosed building. All activities associated with the proposed use of this tenant space shall be conducted entirely within the subject tenant lease space. Items currently stored outside the subject building shall be moved within 45 days of the effective date of this permit. Uncovered, enclosed storage areas shall be subject to review and approval by the Planning Director prior to the installation as regards location, dimension and means of fence enclosure. A formal trash bin enclosure area shall be subject to review and approval by the Planning Director. 5. All signs for the proposed truck stop/weigh station shall be subject to review and approval by the Planning Director as regards size, location, copy and construction materials and design. The existing freestanding sign located on Parcel "A" of Parcel Map 4008 which identifies the American City Truck Stop may be relocated to the subject property with its location on the property subject to the setback/height/size criteria detailed in Section 8-48.8.1 of the Zoning Ordinance. 6. The parking area for the office and truck stop employees shall be modified to generally conform with the layout detailed on the Staff Study dated January, 1986 (as modified by the PAGELLOF Ji *--7 Planning Commission at its hearing of January 20, 1986). A modified parking and circulation plan shall be prepared and submitted from the applicant for review and approval by the Planning Director within 45 days of the effective date of this permit. The parking area striping for the entire site and the accompanying directional information detailed on the approved plan shall be installed within 60 days of the approval of the plan by the Planning Director. 7. All activities shall be controlled so as not to create a nuisance to the existing and/or future businesses on parcels adjoining the subject property. 8. Correct Building Code violations at the direction of the Building Official. The applicant shall arrange with the City Building Inspection Department for a code compliance inspection within 45 days of the effective date of this permit and shall perform the required modifications to the existing building called for as a result of that inspection, and by previous inspections, within 60 days of the inspection, or such period as determined acceptable by the Building Official. 9. Within 45 days of the effective date of this permit the developer shall submit a lette= documenting that the requirements of the DSRSD Fire Department have been, or will be, satisfied within a reasonable period of time as determined acceptable to the Fire Department. 10. The existing structure and site plan layout shall be modi- fied to comply with the City of Dublin Police Services Standard Commercial Building Security Requirements (Attachment A). 11. In conjunction with this approval, the entire exterior of the existing structure shall be upgraded as regards to paint, window treatment, roof drainage, etc., to an acceptable "first- class" status. A work progran shall be prepared and submitted by the applicant within 45 days of the effective date of this permit which details all work proposed to be done in conjunction with this condition. Upon review and approval of said work program by the Planning Director, the work outlined shall be completed within a 120-day period, or such period as determined acceptable by the Planning Director. 12. Within 45 days of the effective date of this permit the developer shall mark parking/c.:-ivetNay areas as "No Parking" areas in a manner acceptable to the City Engineer and the DSRSD Fire Department and reflective or en overall master plan layout acceptable to both agencies. ' 13. Raised, irrigated landscape planters shall be established as generally depicted on the Staff Study-Landscape Plan, dated January, 1986 (as modified by t~e Planning Commission at its hearing of January 20, 1986). rl detailed landscape and irrigation plan prepared by a licensed landscape architect shall be prepared and submitted on behalf of the applicant within 45 days of the effective date of this permit. Approved landscaping and irrigation shall be installed in two phases as generally detailed on the Staff Study following review and approval of said plan by the Planning Director. The first phase of landscaping shall be installed within 90 days of the approval of the landscape and irrigation plan by the Planning Director. The second phase shall be installed within 180 days of said approval. 14. Parking lot light standards (24-foot minimum pole height) shall be provided for the eastern parking/maneuvering areas to provide adequate security lighting. Light standard details, prepared by a civil engineer or a qualified lighting designer, including photometrics that indicate footcandle distribution, shall be submitted for review and approval by the Planning Director. Exterior lighting shall be of a design and placement PAGE L.a- OF .t:L so as not to cause glare onto adjoining properties. Lighting used after business hours shall be minimized to provide for security needs only. Installation of light standards shall be done in conjunction with the phased installation of landscaping. 15. The 16' x 40' cargo container to the rear (east) of the existing building being used for tire storage shall be removed from the site within 45 days of the effective date of this permit. 16. Except as specifically modified by the above Conditions, development and use of the subject property shall continue to comply with Planning Commission Resolutions No. 83-04 and No. 85-03 (Attachments B and C). 17. This approval shall be revocable for a cause in accordance with Section 9-94.7 of the Dublin Zoning Ordinance. Non- compliance with these Conditions of Approval shall result in this matter being scheduled before the Planning Commission to determine whether cause exists to revoke the permit. PASSED, APPROVED AND ADOPTED THIS 20th day of January, 1986. AYES: Commissioners Barnes, Burnham, Mack, Petty and Raley NOES: None ABSENT: None ,Y~~~.'rp.r'oc ATT&~~ IJ Planning Direct~ PAGE l2.. 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