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HomeMy WebLinkAboutPC Reso 86-004 Winning Action Inv Inc " / 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 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 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. -1- 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 -2- 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 letter 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 program 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/driveway areas as "No Parking" areas in a manner acceptable to the City Engineer and the DSRSD Fire Department and reflective of an 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 the Planning Commission at its hearing of January 20, 1986). A 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 foot candle distribution, shall be submitted for review and approval by the Planning Director. Exterior lighting shall be of a design and placement -3- 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. 1986. PASSED, APPROVED AND ADOPTED THIS 20th day of January, AYES: Commissioners Barnes, Burnham, Mack, Petty and Raley NOES: None ABSENT: None p~~~airperson -4-