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HomeMy WebLinkAbout85-049 Houston-American City Truck Stop CUP CITY OF DUBLIN PLANNING COMMISSION Meeting Date: January 20, 1986 FROM: Planning :::::st=' Jr PA 85-049 Houston-American City Truck stop Conditional Use Permit application 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. TO: Planning SUBJECT: GENERAL INFORMATION PROJECT: A request by Fred L. Houston/Winning Action Investments, Inc., 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 (Parcel "B" of Parcel Map 4008). APPLICANT AND REPRESENTATIVE: Fred L. Houston 7045 Dublin Boulevard Dublin, CA 94568 PROPERTY OWNER: Winning Action Investments, Inc. 7045 Dublin Boulevard Dublin, CA 94568 LOCATION: 6117 Dougherty Road Dublin, CA 94568 ASSESSOR PARCEL NUMBER: 941-205-16 EXISTING ZONING AND LAND USE: Planned Development (PD) District allowing both Light Industrial (M-1) and General Commercial (C-2) uses. Present land use consists of a truck stop and weigh station. SURROUNDING LAND USE AND ZONING: West: Lumber Yard, PD allowing M-1 and C-2 Uses Brake Shop, M-1 and PD Parcel "C" of Parcel Map 4008 proposed for development by Admiral/LDM Moving Systems for furniture and household goods storage (PA 85-071) Bowling Alley, C-2 North: South: East: ----------------------------------------------------------------- ITEM NO. ry, d- ZONING HISTORY: 3-4-81 Alameda County approved a Conditional Use Permit (C-3973) for the existing truck stop and weigh station. 7-11-82 - The Dublin Planing Commission approved a Tentative Parcel Map (PA 83-016) for the site. The parcel map has been recorded and the subject proposal covers only the middle parcel (Parcel "c" of Parcel Map 4008) 7-2-84 The Planning Commission granted a six-month extension for the Conditional Use Permit (PA 84-006) previously granted by Alameda County APPLICABLE REGULATIONS: Section 8-51.3 states that a truck stop and weigh station may be considered as a Conditional Use in an area zoned for M-1 District uses. 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 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. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions. ENVIRONMENTAL REVIEW: Staff recommends that the Negative Declaration adopted for a previous Conditional Use Permit application covering the subject proposal be utilized for this request (Negative Declaration for PA 84-006 - see Attachment 2). NOTIFICATION: Public Notice of the January 20, 1986, hearing was published in the Tri-Valley Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The truck stop consists of a large servicing garage, a fueling depot and the recently paved parking and maneuvering areas surrounding the centrally located building. The Conditional Use Permit for the truck stop and weigh station was originally approved by Alameda County on March 4, 1981. The County specified that the permit be re-evaluated at the end of a three-year period, which ran to March 4, 1984. A request for a renewal of the Conditional Use Permit was filed with the City under PA 84-006. Approval was granted subject to 13 Conditions (see Background Attachment 4). The approval granted under Planning Commission Resolution 84-33 provided an approval period up to January 8, 1985. Application for the extension of the permit was filed on December 19, 1984, under City File PA 84-082 and was granted with essentially the same 13 Conditions of Approval applied on PA 84-006 (see Background Attachment 3). -2- Use of the site has been continuing since May 6, 1985, without the benefit of an active Conditional Use Permit. PA 84-082 had an expiration date of May 6, 1985, with the possibility of extension. The status of the permit was reviewed at the Planning Commission hearings of May 6, 1985, and June 3, 1985, with a determination reached at the second meeting that the Conditional Use Permit had expired and that Zoning Enforcement Action should begin. The zoning Enforcement Action was directed toward the ongoing use of the site without a valid Conditional Use Permit. The majority of the 13 Conditions outlined within PA 84-006 and PA 84-082 have been subsequently complied to by the applicant. The bulk of those items were performed in conjunction with the improvements installed to provide for the recordation of the three-parcel subdivision involving the subject property (PA 83-016). The applicant is requesting the Conditional Use Permit be approved "for the maximum amount of time allowed by the laws." In considering the request it is appropriate to review the proposed extension of the existing land use in the context of other recent or pending approvals in the area bounded by the Southern Pacific Railroad right-of-way, Scarlett Court and Dougherty Road. Additional improvements are warranted on this site to be consistent with other projects recently approved in the area. The range of possible improvements is effectively limited by the intensive use of the property and should be directed at providing for functional on-site circulation and the provision of on-site landscaping. Approval for a period in excess to the four month period granted by PA 84-082 or the six month period granted by PA 84- 006, appears appropriate given the fact that a substantial amount of site improvements are now in place, including the required frontage improvements and drainage improvements. The applicant is proposing to relocate the freestanding sign currently located on the adjoining parcel to the west (Parcel A of Parcel Map 4008) onto the subject property. The sign currently has a height of 35 feet and copy area of 160+ square feet (double faced internally illuminated sign box with 5'6" x 14'6" dimensions). The placement of the sign on the subject property is controlled by Section 8-48.8.1 of the Zoning Ordinance, which ties the height and size of the sign to the sign's setback. The proposed location and height (25'~ setback and 30' height) do not conform to the requirements of the Zoning Ordinance. To satisfy the current requirements, the sign would have to observe the following minimum setback for each corresponding sign height. A - A 20' setback will allow a 20' height. B - A 30' setback will allow a 25' height. C - A 40' setback will allow a 30' height. These three setbacks and possible locations on the subject property are detailed on the Staff Study. Option A is the option Staff recommends be utilized. The 20 foot height will likely be the maximum height allowed for a freestanding sign located on the subject property once the Draft Sign Regulations are finalized. If the 20 foot maximum height limit is ultimately retained by the City Council when it acts on the Sign Regulations, then any freestanding sign with a height in excess of 20 feet on parcels less than four acres in size (except single-use parcels -3- larger than 1.5 acres in size) will become nonconforming signs and be subject to the Amortization Schedule for signs. At the end of the amortization period the sign must either be removed, modified to conform to the revised standards, or a variance to the standards must be secured. The Staff Study prepared for this site and dated January, 1986, depicts the areas recommended for installation of land- scaping. The Conditions of Approval outlined in Exhibit A attempt to outline additional requirements for the general upgrading of the subject property and to provide for its ongoing maintenance in a "First-Class" state. RECOMMENDATION FORMAT: 1. Open Public Hearing and hear Staff Presentation. 2. Take testimony from applicant and the public. 3. Question Staff, applicant and the public. 4. Close Public Hearing and deliberate. 5. Adopt Resolution approving the Conditional Use Permit or direct Staff to make revisions and continue hearing. ACTION: Staff recommends that the Planning Commission adopt a Resolution, Exhibit "A", which approves the request to continue the operation of a truck stop and weigh station at 6117 Dougherty Road. ATTACHMENTS Exhibit A - Draft Resolution Approving the Conditional Use Permit Exhibit B - Revised Site Plan and Building Elevations Exhibit C - Staff Study - Landscape Plan Backqround Attachments: 1 - Letters from applicant dated July 1, 1985, and July 17, 1985, and January 3, 1986 2 - Negative Declaration of Environmental Significance adopted for PA 84-006 3 - Resolution Approving PA 84-082 4 - Resolution Approving PA 84-006 5 - Location Maps 6 - Aerial Photograph 7 - Minutes regarding PA 84-082 from June 6, 1985 COPIES TO Applicant City Engineer BID -4- RESOLUTION NO. 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. (Jf.kff(fSfJLIJT/ON FoR. {.{)~ ~Y~~BnI3L___ -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. The approval does not cover the proposal to enclose the southern portion of the existing building, which must be considered by a separate, subsequent Conditional Use Permit and 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 two (2) 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. 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. A modified parking and circulation plan shall be prepared and submitted to the applicant for review and approval by the Planning Director within 45 days of the effective date of this permit. The parking area striping -2- 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 (see Attachment 3), 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 B). 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. 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 western and 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 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. -3- 15. Fence screening currently in place on the fencing at the east property line shall be modified by removing screening within 20 feet of the cul-de-sac for Houston Place. 16. 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. 17. 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 C and D). 18. 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: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -4- I I 1\. S~ALE: \ 1" ~, . I :t> ("-v'/ . \;: ft'''':,' -; ~E/~-; l.... 0:' . (~I IV : ('oJ , ,Yj " ,1 ~):/ . - - 40' ..r- .:::- ".~ :!TJ_ .... ~ C" \f' ~-;:"~ /j:; ? tf j) l0 Q ., _, / e'"t' If'? ~ ""_ .,.;/".... !.J'ft1 t\:: --() ":,,./(#) "'0..... ...~, 1/... -! t. ef I\,' i/I/:- J a. v a. .'v J ;';' ,.,' ':' ~. V; ~/ ~ ..J ",. 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I ,. ".,.;<'_.~~~.~L':"".." n.." ~ ~ " j} 1M .... .) ( I I ! i I I t loS' . EXISTING B,UILDING HOVSTot'J / v\JINNI i'JCr lrcTfoN /f/I/f!57)1ier"ifS) ItI~, ( ~ ~r4aO TI2tJe~ ..-" ~'" REA, 1 o [] ~t", :':\ ----::r;. I 1 I 1 L_..:-___ I I ~~' 1 I I ______1 /fa' u-l '1'1-' {' (11'/(6/ 4- ftr~A$- M;C/J!';tVtT ~ /' \:\ [;,\ (j ~ WINNING ACTION \j\jU~ INVESTMENTS, INC. RECEiVED '-~:; c)" ~18i:; "'- i...J i..' ~ July 1, 1985 DUBi.lN ;;i.tU'iN1NG City of Dublin P.O. Box 2340 Dublin, CA 94568 Re: Use Permit of Parcel "B" of Parcel # 4008 Gentlemen: American City Truck Stop requests a Conditional Use Permit for the maximum amount of time allowed by the Laws. Description of a Truck Stop Uses 1. The Truck Stop will allow any motor vehicle to have mechanical work performed on their vehicle. 2. The Truck Stop will allow any vehicle to purchase diesel fuel. 3. The Truck Stop will allow any citizen of the United States to weigh their vehicles for a rate to be determined by the management. 4. The Truck Stop will allow any person to purchase new or used tires. 5. The Truck Stop will supply road-side services to anyone stranded on the highway. Sincerely, ---1 ( LI rl-../ :t? ~ \JJLl!.~ . >: / T O-<--L.- t::n\.-~ FRED L. HOUSTON FLH: dh \\ 7045 DUBLIN BL VD. . DUBLIN, CA 94568 . 415-828-4253 \ \ \ , /l-rflj otNT ~ vJrclITel'J ;~ ATTACHMENT .1 W[A WINNING ACTION INVESTMENTS, INC. July 17, 1985 RECEIVED '; 1.' ''J85 '.. ~ ''C~ -. .'. DUBLIN PLANNING Mr. Tom DeLuca, Associate Planner City of Dublin Planning Department Re: Parcel B of Parcel Map 4008 Dear Mr. DeLuca: I am submitting our landscaping plan for Parcel B of Parcel Map 4008, in compliance for the request of a Use Permit for American City Truck Stop. Our architect from the company of Cardoza, Dillallo & Harrington, viewed our site and its uses and finalized our scheme of landscaping. We are a Truck Stop, with large trucks using the property. The plan submitted fits uses and needs of a Truck Stop or service station. We also visited each and every single service station in Dublin, San Ramon and Pleasanton. Our plan conforms to all existing stations. Respectfully submitted, i~f/Jr~ FRED L. HOUSTON FLH : dh Enc. 7045 DUBLIN BL YD. . DUBLIN, CA 94568 . 415-828-4253 ~ r ~ /J' ~ IjdO 1- ~d/~ .~ . ~~ &-~'~ ~ . " ~ ~/7~ ~__ 5'\ ~ ,1 c. elL ~. ~.' ~~~ .~:?L/ --~ - 0 d' I <jtf <:7 P It R E C~-I-V-E-D JJ(N~-1986 DUBIlfrPLANNING CITY OF DUBLl~1'l ~~liMf~iT I r.o, Box 2340 Dublin, CA 94568 (415) 829-4600 June 18, 1984 NEGATIVE DECLARATION FOR: PA 84-006 American City Truck Stop Conditional Use Permit (Pursuant to Public Resources Code section 21000, et seq.) LOCATION: American City Truck Stop 6117 Dougherty Road APN: 941-550-4 APPLICANT: Fred Houston 6117 Dougherty Road h OWNER: Winning Action Investments 7045 Dublin Blvd. DESCRIPTION: Conditional Use Permit to allow the existing truck stop a weigh station to continue in operation. FINDINGS: The project will not have a significant effect on the environment. INITIAL STUDY: The Initial Study is attached with a brief discussion of the following environmental components: 1. Drainage 2. Traffic circulation 3. Aesthetics 4. Oil spill MITIGATION MEASURES: Install an acceptable drainage system. Make the necessary dedication and install the appropriate frontage improvements. Incorporate landscaping and screening into the project. PREPARATION: This Negative Declaration was prepared by the City of Dublin Planning Staff. (415) 829-4916. SIGNATURE' ~~ ~~ Laurence L. Tong, Planning Director DATE: ~X>, \q~ DP 83-11 NrX:rfrnvf ])e-cl.J\fJtl7~ () F e"NII/IJN. SltrNlF. ~(l. fit etf~ooro ATTACHMENT 2 CITY OF DUBLIN P,O, Box 2340 Dublin, CA 94568 (415) 829-4600 June 18, 1984 FACTUAL EXPLANATIONS TO: American City Truck Stop Conditional Use Permit, PA 84-006 COMPONENTS: Hydrologic Balance, Ground Water, Water Quality, Storm Water Drainage, and Site Hazard DISCUSSION: American City Truck Stop recently experienced an oil spill. Subsequent to the spill, the site was inspected by local, State and Federal authorities. In addition, the IT Corporation conducted a site analysis to determine the extent of the spill. The report prepared by the IT Corporation concluded that the spill was relatively minor and that the removal of the contaminated soil was the most appropriate solution. The Regional Water Quality Control Board has recommended that an acceptable drainage system be developed. h COMPONENTS: Circulation Conflicts and Road Safety and Design DISCUSSION: At present, the site does not have any frontage improvements and does not conform with the future right-of-way width for Dougherty Road. The necessary dedication and frontage improvements will be a condition on the Conditional Use Permit, which will minimize existing and future traffic conflicts. COMPONENTS: Visual Quality DISCUSSION: The site lacks adequate landscaping, screening and paving and therefore presents less than a desirable appearance. As part of the Conditional Use Permit application, aesthetic improvements should be made to the site. TPD/mm /' RESOLUTION NO. 85-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ----------------------------------------------------------------- APPROVING PA 84-082, WINNING ACTION INVESTMENTS, INC. REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED OPERATION OF A TRUCK STOP AND WEIGH STATION AT 6117 DOUGHERTY ROAD WHEREAS, Fred Houston, representing Winning Action Investments, filed an application for a Conditional Use Permit to allow the continued operation of a truck stop and weigh station at 6117 Dougherty Road, and; WHEREAS, the Planning Commission did hear this application on 1/7/85 and continued said application to January 21, 1985, 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 in accordance with the provisions of the California Environmental Quality Act and will 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 use is required by the public need to provide a truck stop and weigh station. b. The use would 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 use, if permitted under all circumstances and conditions of this particular case will not materially affect adversely 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. d. The use 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 draft policies in the Dublin General Plan. f. Should the Conditional Use Permit ultimately be found to be inconsistent with the Draft General Plan, there is little or no probability that the use will be detrimental or interfere with the future General Plan. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve said application as shown on Exhibit "C" on file with the Dublin Planning Department and subject; t9 the .r AIL- L>AbLl B" following conditions; ~SaLU71~J,hOPflOv"~ rno{-O ~ ATTACHMENT :3 -1- ~ 1. The applicant's engineer shall submit a written estimate of the cost of the required public and private improvements within 30 days. Said estimate shall be approved by the Planning Director and City Engineer. A cash deposit equal to the estimate plus 15% shall be submitted within 45 days. If the parcel map is recorded within 45 days, the cash deposit would relate only to the private improvements. If within 45 days the public and private improvements have not been approved by the City Engineer, and bonds posted, the Conditional Use Permit will be null and void. 2. Grant the necessary dedication and install the appropriate frontage improvements along Dougherty Road to the specifications of the City Engineer. 3. Install AC paving from the future right-of-way line to a point approximately 100 feet east of the shop building to the specifications of the City Engineer. 4. Install "chipseal" from the AC paving to the existing fence running north-south to the rear of the site to the specifications of the City Engineer. 5. Provide an acceptable parking area for the office and truck employees to the specifications of the Planning Department and City Engineer. 6. Install an acceptable drainage system to the specifications of the City Engineer. 7. Submit a landscape and irrigation plan within 30 days, for approval by the Planning Department; said plan to be prepared by a licensed landscape architect. Said landscaping, including irrigation, shall be installed within 90 days of Planning Department approval. 8. Install a screening fence around the perimeter of the site from the future right-of-way line to the north-south fence to the rear of the site; said fence to be approved by the Planning Department. 9. Remove all the abandoned vehicles and debris which is being stored on the site at the direction of the Building Official. 10. Correct all Building Code violations at the direction of the Building Official. 11. The area to the east of the north-south fence shall not be utilized for any use or storage without the prior approval of the Planning Department. 12. The applicant shall complete the required public and private improvements within 90 days at the direction of the City Engineer and Planning Director. 13. If No. 1 above is complied with, this approval shall remain in effect until May 6, 1985 at which time the approval shall expire unless an additional extension is formally granted. This approval shall be revocable for a cause in accordance with Section 8-94.7 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED THIS 21th DAY OF January, 1985. AYES: 5 NOES: 0 ABSENT: 0 ATTEST: Pl nnlng -2- (]Bj \ '.;:J;~.~ c. '.'. :.t. ......... ...... RESOLUTION NO. 84-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------ APPROVING PA 84-006, WINNING ACTION INVESTMENT'S REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE EXISTING TRUCK STOP AND WEIGH STATION TO CONTINUE IN OPERATION AT 6117 DOUGHERTY ROAD ~ WHEREAS, Fred Houston, representing winning Action Investments, filed an application for a Conditional Use Permit to allow American City Truck Stop to continue in ope~ation; and WHEREAS, the Planning Commission did hold a public hearing on said application on July 2, 1984; 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 for this application in accordance with the provisions of the California Environmental Quality Act; 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 as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The use is required by the public need to provide a truck stop and weigh station; b) The use will be properly related to other land uses and transportation and service facilities in the vicinity as daytime and early evening activities will be commensurate with present use of properties in the area; c) The use, if permitted, under all circumstances and conditions of this particular case, will not materially affect adversely 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 area, 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, as a truck stop and weigh station, with limited impacts, is consistent with the character of the industrial district; BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve said application with the following conditions: 1) Grant the necessary dedication and install the appropriate frontage improvements along Dougherty Road to the specifications of the City Engineer. f?c>6LvTlrnJ ~Nf:r It B1-tJtJp ftl.fttlllllliT 'f / / F>~ I (.,~ ;.>.., 2) Install AC paving from the future right of way line to a point approximately 100 feet east of the shop building to the specifications of the City Engineer. 3) Install "chipseal" from the AC paving to the existing fence running north-south to the rear of the site to the specifications of the City Engineer. 4) Provide an acceptable parking area for the office and truck employees to the specifications of the Planning Department and City Engineer. 5) Install an acceptable drainage system to the specifications of the City Engineer. 6) Submit a landscape and irrigation plan for approval by the Planning Department; said plan to be prepared by a licensed landscape architect. 7) Install a screening fence around the perimeter of the site from the future right of way line to the north-south fence to the rear of the site; sa'id fence to be approved by the Planning Department. 8) Remove all the abandoned vehicles and debris which is being stored on the site at the direction of the Building Official. h 9) Correct all Building and Fire Code violations at the direction of the Building Official. 10) The area to the east of the north-south fence shall not be utilized for any use or storage without the prior approval of the Planning Department. 11) Comply with ACFC requirements as approved by the City Engineer. 12) The applicant shall submit a faithful perfor~ance and warranty bond for the required public improvements within 60 days and complete the required improvements within 180 days at the direction of the City Engineer. 13) improvements Director. The applicant shall complete the required private within 180 days at the direction of the Planning 14) This approval shall remain in effect until 1/2/85 and shall be revocable for cause in accordance with section 8-94.7 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 2nd day of July 1984. AYES: Commissioner Alexander, Barnes, Petty and Raley. NOES: Commissioner Mack ABSENT: None ~,L^ l"-~Il.L",JL Pla~ing commiss~on Chairman '. TEST: 1~lT Planning Directo "'.... n""'l ..,,"'" , Estate ELlZ. A. DOUG HERTY ,Bk.8 Pg.75) PIn. AMENDED MAP TOWN of DOUGHERTY lBk.26 Pg.56) P.M.2817 128/83 ,.T.R. 4978 143/3 P.M.4008132/OI Scale'I"=200' RECEIVED L2 0 1985 DUBUN PLANNING. ---- - aUGHI"IIT,-. ~I :; . , :0 ~ , l~ C 8 ; l70$Ac 1 ._@ . A @ 2.55Ac.~ . NI"'1"'T1Ir , RECEIVED. JlAU 0 1985 DUBUN PlANNING PPr as ..O~~ ; ,~...... ":1.-. -...--# ,. E3 C <0 J.{ 946 1 i 1- c-. ,/ '-. ....... -. ~~.~ ~.. . ------ . .... .". - -. .--. .,- . , . - . . ,: ) " .- .... .::-Jo._:: :-~' ;.. ".. ~!. . f~'~~~'~~,;)~_.,-..:~.>:.): J. .,~_~_-~_~.; '_ Ih!j~~1+6:}~1c":f~~i~~-ik:~":i :.,:',: .- ' ',.. J., -::.. '-,",---" . - .. I '1 '.' '.-. .... If' .. ~. ~.. .:;..:::,-1')- ~_ -'- ., .'~' . .,i._/- . . .". ,-. '" -.:j ;, 'J' .. . , '-. " Lpttlf/otJ j'l\fr:P.5 ATTACHMENT S II) II II i I ,~: I !'~ 10 ~........'I 'j'" /.',/' ,~ :-. ,I[ I~: I~I :~I i \ \\ --f\/,. \ I - ..'(. I I , I ~ 0.0 k I I I : \ J}, \'~ , ) ( , .,,} ~- ~,I!~, ~~i I-, ~ /~j I ___. /~'/'"V -i~!-~ / I 7 L,S,T. Nov.l985 AOo. TRACT 5072,5073,5074 6 L,S:t JuMI985 ADD. TRACT 4930 ,5180 a P,M, 4050 5 L,S,T ""'.1984 ADD. P,loI.4008 . TRACT 4749 , TRACT 4950 4 L.S.T OC1.1!l84 ADD.P.M.2922,TRACT 4943, 4991 , 4859 a 5003 3 L .5.1, Cct.I98~ ADD, TRACT 4929 2 L,S. T. AUQ 1984 ADO, TRACT 4978 t L.S.T. .....1984 ADD. TRACT 4719 ./:., ./ / --~.; '........" ~/ ,~\ \\') ~ ),/ ~, /' .......~' <.--/ ~\V /' / ( / I " , '., \'"'" ------.,/ / CU8LIN sPORTS GROUNDS NO BY .. OATE CAMP PARKS ,.. - IU , I , : E!'" : i " g! ~ 8~ .o"~ -........ .......... " ..........~........ " . , . / I, , , , , I' , I ....,~..........- J_ ".,..000 CIT ( OF DUBLIN BASE MAP SCALE : .11n = 800ft. DATE: JULY 1983 PREPARED. BY, ~ SANTINA & THOMPSON, INC. REVISIONS .' _(f:~;f~':'~ -----...- ~----- '. ~----- "- l:",.../..~ 'n" "'-!..-.~ 1.:<..T'4>;t;;.~~,~;.'~" ". .' ........~."'".....-i : ... ~Uilll .". ATTACHMENT ~ 'f""'').,~;J: c-f..:,' ;/, (-- (- Regular Meetinq - June 3, 1985 A regular meeting of the City of Dub~in Planning Commission held,on June 3, 1985, in the Meeting Room, Dublin Library. meet~ng was called to order at 7:30 p.m. by Cm. Alexander, Chairman. was The * * * * ( ( * * * * UNFINISHED BUSINESS Mr. Tong presented the supplemental status report on previous conditional use permits requested by the Planning Commission at the May 20, 1985 meeting. With regards to Nohr's Recreation Vehicles, Mr. Tong stated that as of June 3, 1985, the landscaping and irrigation system was being installed. Mr. Nohr indicated to Staff that the landscaping would be completed by June 10, 1985. The two street lights have not been erected, but this is due to problems with P.G.&E, not the applicant. The Planning Commission directed Staff to monitor the work, and to check on the the status of the street lights. With regards to American City Truck Stop, the Staff Report stated that on July 2, 1984 the Planning Commission granted an extension to American City Truck Stop to operate a truck stop and weigh station at 6117 Dougherty Road. On January 21, 1985, the Planning Commission granted another extension to American City Truck Stop. The site improvments required by the Conditional Use Permit were to be completed within 90 days or 4/21/85; and the Conditional Use Permit expired on May 6, 1985. Staff said that the Conditional Use Permit had expired, on May 6, 1985, the use was in operation without a Conditional Use Permit, and the use was asking that the paving and landscaping on the front parcel be held off because the site was for sale. Mr. Kahler said he had an option on the front parcel and he had been discussing the application procedures with Staff. Cm. Alexander asked for clarification on the size of the parcel and the zoning requirements. Staff said it would need to review the situation. Zoning on the site was PD = M-l and C-2. Continued use of the office building would need the parking and maneuvering space as specified in the zoning ordinance. Paving is needed on the site for the office use. Mr. Kahler said that the half street is in now. His option on the site expires within 60 days. He plans on purchasing the property, obtaining City approval, and devloping the site. Staff said that since the Conditional Use Permit had expired, and the paving and landscaping were conditions of the Conditional Use Permit, there would be no requirement for the landscaping unless a Conditional Use Permit application for both the front and second parcels was applied for. Continued office use on the front parcel, a permitted use, would require parking and maneuvering space per the Zoning Ordinance. Cm. Alexander asked what securities were posted. Staff said bonds were posted for both the public and private improvements. Regular Meeting PCM-5-64 6/3/85 ft7tPltL/J1Nt/ff5 ~ ~~ d;13'~5 Af/ifrq,.,e:-NT 7 r ( Cm. Raley suggested that the front parcel be monitored for 60 days. In response to a question from Mr. Kahler, Staff said that of the 13 conditions of approval of the Conditional Use Permit, 6 had not been fully met. In any event, the Conditional Use Permit has expired. Cm. Alexander said that, on both parcels, the Zoning Ordinance regulates the uses and Zoning Enforcement can handle the situation without Planning Commission direction. On motion of Cm. Raley, seconded by Cm. Mack, and by 4-1 vote, Cm. Alexander opposed, the Planning Commission directed Staff to 1) monitor the front parcel for 60 days and, 2) take Zoning Enforcement Action on the second parcel. Cm. Alexander said that, since the Conditional Use Permit has expired, the Planning Commission did not need to take any action. With regards to Dublin Rock & Ready Mix, Mr. Tong stated on May 27, 1968, Alameda County approved a Conditional Use Permit to conduct outdoor aggregate sales and ready mix at 6393 Scarlett Ct. As originally proposed, the operation was to be relatively small with cement delivered to the site in small trailers. All materials were to be screened from view. The Planning Commission by concurrance directed staff to initiate zoning enforcement action/direct applicant to file new Conditional Use Permit application. Mr. Tong presented the revised commission rules of procedure by stating that on May 6, 1985, the Planning Commission amended its Rules of Procedure so that the election of officers will be held in December of each year. The December election of officers will coincide with City Council elections and appointments/reappointments to the Planning Commission. The revised rules of procedure were approved by unanimous vote. Mr. Tong presented the memorandum regarding City Council action on property maintenance request. On May 13, 1985, the City Council reviewed the Planning Commission's request to consider a property maintenance ordinance addressing community aesthetics. The City Council discussed the matter and decided that voluntary programs, such as Dublin Pride Week, may be a more positive approach to the matter. The City Council suggested that, on a complaint basis, the existing property maintenance ordinance will handle most situations. * * * * Regular Meeting PCM-5-65 6/3/85 '~~