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HomeMy WebLinkAbout86-015 Rental World/Cal-Gas CUP & SDR CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: April 21, 1986 TO: Planning Commission Staff t A 'D\~ ~ FRavI: Planning SUBJEcr: PA 86-015 Rental World/Cal-Gas Conditional Use Permit and Site Development Review GENERAL INFORMATION PROJEcr: A Conditional Use Permit and Site Development Review to locate a propane gas storage tank at 6457 Dublin Court. APPLICANT: Chuck L. Arseneau Cal-Gas 295 E. Virginia San Jose, CA 95112 PROPERTY CWNER: Robert Lee 6457 Dublin Court Dublin, CA 94568 LOCATION: Rental World 6457 Dublin Court DUblin, CA 94568 ASSESSOR PARCEL NUMBER: 941-550-10-15 GENERAL PLAN DESIGNATION: Retail Office and Automotive EXISTING ZONING AND LAND USE: M-1 (Light Industrial District)/Equipment Rental SURROUNDING LAND USE AND ZONING: North: South: East: West: M-1/Service Station C-2/Commercial M-1/Freeway Interchange C-2/Commercial (Vacant Lot) ZONING HISTORY: A Conditional Use Permit for the existing use (equipment rental and outdoor storage) was approved in June, 1976, with a variance for zero sideyard setbacks. In February, 1977, a variance was approved to remove the continuous screened fencing at the main access point off Dougherty Road. APPLICABLE REGULATIONS: Chapter 8-51.0 of the City's zoning Ordinance establishes the regulations for the M-l District. The storage of liquefied petroleum gas is permitted in this district, subject to approval of a Conditional Use Permit (8-51.3 d). 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 peformance standards established for the district in which it is located. ----------------------------------------------------------------- ITEM NO. '7.~ 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, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: A Negative Declaration has been prepared for this project pursuant to the provisions of CEQA. The project will not have a significant effect on the environment. NGrIFlCATION: in the Herald, buildings. Public Notice of the April 21, 1986, hearing was published mailed to adjacent property owners, and posted in public ANALYSIS: The applicant is requesting approval of a Conditional Use Permit and Site Development Review to locate a 1,150-gallon propane gas storage tank at the existing Rental World site at 6457 Dublin Court. The current use of the site includes equipment rental and sale of gasoline and other fuel products. The proposed propane tank will be used for dispensing fuel for resale to the public and to refill rental equipment. Existing development on the site consists of a rental office, shop, and storage structure, a fuel pump island, outdoor storage, and employee and customer parking. The applicant proposes to locate the propane gas tank in the southeastern corner of the site, 25'+ from the property line. The tank will be situated in a vertical position wIth an 18-foot maximum height and will be surrounded by bollards, creating a 100-square-foot area. In addition to the Planning Department review, the proposed propane gas tank has been reviewed by the D.S.R.S.D. Fire Department (the Fire Department has reviewed and approved the plans and issued the appropriate permit), and by the City's Building, Engineering, and Police Departments. No concerns have been identified by these agencies other than the Fire Department comments addressed below. The proposed use appears to be an appropriate use for the location. The use is consistent with existing uses on site as well as uses within the surrounding area and M-1 District. However, Staff's primary concern is with off-site views of the gas tank. Relating to off-site views, Section 8-51.10 (Other Regulations: M-1 Districts) of the City's Ordinance requires open areas used for storage to be enclosed by a solid wall or fence not less than 6 feet in height. In no case shall any material be stacked or stored so as to exceed the height of the fence. The tank as proposed will exceed the height of the existing 6-foot fence. The City's General Plan also addresses views. In 1966, Alameda County designated Interstate 580 and Dougherty Road as scenic routes. The City's General Plan policy 5.6.A states: "Incorporate previously designated scenic routes in the General Plan and work to enhance a positive image of Dublin as seen by through travelers." -2- Policy 5.6.B states: "Exercise design review of all projects within 500 feet of a scenic route and visible from it." Given the proposed location and height of the gas tank, it will be the tallest structure on the existing Rental World site and will be clearly visible froro Dougherty Road, Dublin Court, and 1-580. The tank will be especially visible to people entering Dublin via Dougherty Road and Hopyard Road and those traveling through the City on I-580. The visibility of the tank may contribute to a negative visual image of Dublin to travelers along these roadways. From a visual standpoint, the propane gas tank would be less obtrusive from off-site if it were situated in a horizontal position. However, from a safety standpoint, the Fire Department has indicated that the vertical position is preferable in that a single release valve is located at the top of the tank rather than at both ends of the tank, as it would be on a horizontally-positioned tank. staff concurs with the Fire Department recommendation. To mitigate the visual impacts of the tank, Staff recommends (a) that the color of the propane tank be compatible with existing building colors; (b) that location of all signage on the tank not exceed six feet in height from the ground; and (c) that the applicant increase landscaping along the southeast property line, to include another Coast Redwood tree to ensure year-long screening of the tank. REC(1IIMENDATION FORMAT: 1) 2) 3) 4) 5) Hear Staff presentation. Open public hearing. Hear applicant and public presentations. Close public hearing. Adopt Resolutions regarding the Negative Declaration, the Conditional Use Permit, and the Site Development Review. ACTION: Staff recommends the Planning Commission adopt the attached Resolutions approving the Negative Declaration, the Conditional Use Permit, and the Site Development Review for PA 86-015. ATTACHMENTS Exhibit A: Application and Site Plan Exhibit B: Resolution Adopting Negative Declaration PA 86-015 Exhibit C: Resolution Approving Conditional Use Permit PA 86-015 Exhibit D: Resolution Approving Site Development Review PA 86-015 Background Attachments: 1. Location Map 2. Negative Declaration -3- CITY OF DUBLIN f 130- r ?;Jllt/BG 1172-28 . P.O. Box 2340 Dublin. CA 94568 Planning Department 6500 Dublin Blvd. Suite D Dublin CA 94568 ;.. (415) 829-4600 (415) 829-4916 Eff.: 1/84 PLANNING APPLICATION FORM Notes to Applicant: * Please discuss your proposal with Staff prior to ccmpleting the Planning Application form. * All items related to your specific type of application must be completed. * Since this is a comprehensive application fonn, serre of the items might not apply to your specific application. * Please print or type legibly. * Attach additional sheets if necessary. I. AUTHORIZATION OF PROPERTY OWNER A. PROPERTY OWNER: In signing D~is application, I, as property owner, have full legal capacity to, and hereby dO,authorize the filing of this application. I understand. that conditions of approval are binding. I agree to be bound by those conditions, subject only to the right to object at the hearings or during the appeal period. Name : Q.r\~ \\- l-€ e Capacity: Property CMner Address: f:}-IC)] .f\(J..~L'''-I eJ. Daytime Phone: (9/ST qJq~qo C\l.J~L ~l'\ C 1\ \ ( ) Signature: Date: ~ O-=.... <? ..c, B. APPLICANr CYI'HER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained authorization of the property owner to file this application. I agree to be bound by conditions of approval, subject only to the right to object at the hearings on the application. If this application has not been signed by the property owner, I have attached separate d=umentation of full legal capacity to file this application and agreement to conditions of approval, subject only to G~e right to object at the hearings or during the appeal period. NCllne:C~l"(,~ L ,i\~Sef\{f,CllA Capacity:S(1\ Qo~l,,~~~ 0~~ Address~~~, ;~"';~F' Daytw., Phone: ('iOfi) J.q~)- i..J.5".2., ~2--= __ ~~ -- (~O~)J.67-d-~9x> Signat=e. -'( ;"w,,'" I, Date' 2,-5-12(, ,I. CERTIFICATION I certify that I have the authorization of the property owner to file this application. I further certify that the information and exhibits submitted are true and correct. Name: S1.u/\,.O Capacity: - Daytime Phone: Date: ) )RECEIVED IAAK 11198G Address: SignaturW\~ ~ (l(l'V\D~ ~~~ (OVER) r" ","",' '~,"'''' . ".;j.4 ' ~. ~,"'-;.. ,?' y....j1, " , ,,~. ,~.} . "'- ~h,A~' $t A f -p~ <Cb" 0 \5 "i-- t'~ (- /--- :I. GENERAL DATA REQUIRED A. Address or Lccation of Property: r:./-lS7 \)\)~ \.,..~ N C, \- lw.n~:-N eft. ( qLj5bi? B. C. E. Assessor Parcel Number(s): Site area: D. Present Zoning: Existing Use of Property: ~1v'\MJ) ()~ ~~{\\-t1-\.Q.M-\- ~ 90-6\\'( - ~O (~ ~\Je...L ~()~;c:l.,S t N611 ?Di')\'~<t \.- .(.J.(_ I 0 J.A.[) ~('.L.'~.. <yPN\u1L E('lu;~, Zoning and Existing Use Of surroundin Property: F. Zone Existing Uses - North:~1 ::~: .\ - West: V G. Detailed Description of cV. TYPE OF APPLICATION Check type of p1arming penni t (s) being requested: o Administrative Conditional Use pennit o Boundary Adjustment ~ Conditional Use pennit o General Plan J'.mendment o P1armed Development o Other: o Rezoning o Sign o Site Development Revier,., o Subdivision Map o variance ,-' - -----I I I __I ____ - u_. "] v. SUBMITTAL REQUIREMENTS A. Plarmed Development: (See Planned Development Rezoning Submittal Requirements) B. Subdivision Map: (See Subdivision t-1ap Submittal Requirernents) C. Any Other P1arming pennit: (See General Submittal Requirements) /1. PROCESSING (See- P 1 arming Application Cover Letter) CI. REFERENCE PHONE NUMBERS Most questions related to the P1arming Application should be directed to -b'1e Dublin Plarming Department, however, sc:me concerns might be addressed directly by another appropriate department or agency: L City of Dublin: Building Inspection: (415) Engineering: (415) Planning: (415) Police: (415) 829-0822 829-4916 829-4916 829-0566 2. Dublin San Ramon Services Fire: (415) Water, Sewer, Garbage: (415) District: 829-2333 828-05:15 3. Zone 7 - Alameda County Flood Control: (415) 443-9300 ------_._------~._._-- -_._._.~-_..- " . l:~_. ,..,~" . , ; ~ . " Q II 1--- ~ . .. ( -;: ~ ~ ~ ~~ I}. O,y -%>6/ C' ~O' 1-~ -1/ /0--, ~ ,y ~ ~ 0,y cY' ~- .t.. \ y ~ ~\ ~ o .., .C) C\ t. .-. '''1 _ _ . _ _ .J I .: I _ ___I , J' i - ~~' "A'~"~':--:' ! "~--"""',' :,. .' -~ -- .,-' . . . -..........-- : .. ~. . ~'-'" .~ i . D ~." ~ ~ ~~m i~ ' ~~ '* . ~. ~' *~ lr ~I i <,", N';' '''I~ ..... ~. "I " , f' ~ ~ ve ~~ ~~ J '-'-~. l ' ~-r.~' ~.:. . .'; " .,-,,,. , ,LJj L':i J .4. : ..;~ I ..>. .1.,. , ~ -. ''''"'""4: ,I , f.:' . ;-.~ ~. ~. ':J;~.~ ,~ , I, """-"",,,","-i ...... . .'-~~l:fe ~ . It ~.,....", !'- ... .!.:z -:',...,. .J....."10:::. N/7= .~n(:: --.' ~X.HiSITAu 'Of\.- ~~(..'; -/' I C:-:: 1 r-\ '--._1... \..._j. ...J RESOLUTION NO. A RESOLUTION OF THE PLANNING CavIMISSION OF THE CITY OF DUBLIN AOOPTING A NEX;ATIVE DECLARATION FCR PA 86-015 RENl'AL WORLD/CAL-GAS aJIDITIONAL USE PERMIT AND SITE DEVELOPMENr REVIEW TO LOCATE A PROPANE GAS SI'ORAGE TANK AT 6457 DUBLIN COURT WHEREAS, Rental Wor1d/Cal-Gas filed an application for a Conditional Use Permit and Site Development Review for a 1,150 gallon propane gas storage tank at 6457 Dublin Court; 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 impact and that envirorunental documents be prepared; and WHEREAS, an initial study was conducted finding that the project, as proposed, would not have a significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this application; and WHEREAS, public notice of the Negative Declaration was given in all respects as required by State Law; and WHEREAS, the Planning Commission did review and consider the Negative Declaration at a Public Hearing on April 21, 1986; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning C~nmission finds as follows: 1. Permit and Site environment. That the project PA 86-015 Rental World/Cal-Gas Conditional Use Development Review will not have a significant effect on the 2. That the Negative Declaration has been prepared and processed in accordance with State and local environmental laws and guideline regulations. 3. That the Negative Declaration is complete and adequate. BE IT FURTHER RESOLVED that the Dublin Planning Commission hereby adopts the Negative Declaration for PA 86-015 Rental World/Ca1-Gas Conditional Use Permit and Site Development Review. PASSED, APPROVED AND AOOPTED this 21st day of April, 1986. AYES: NOES: ABSENT: Planning Commission Chairman ATTEST: Planning Director r, '~i IJ $'" 'r" ~r;"'~",'Tfi',' ''t .IlYI:. " : . 'r~~ . - ,.. . '-\'~ ~ '~ 1'* " ' , , " .<' ~ ,Co; ~"'~ ~ i. "Di-l n " ,. ,,- II' Q(.o'(-.J!.'J a RESOLUTION NO. A RESOLUTION OF THE PLANNING CavIMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------ APPRCNING PA 86-015 RENI'AL WORLD/CAL-GAS CONDITIOOAL USE PERMIT APPLICATION TO LOCATE A PROPANE GAS STORAGE TANK AT 6457 DUBLIN COURl' WHEREAS, Rental World/Cal-Gas has filed an application for a Site Development Review and Conditional Use Permit (PA 86-015) to allow a 1,150 gallon propane gas storage tank in the M-1 District at 6457 Dublin Court; and WHEREAS, Section 8-51.3d (Conditional Uses: M-1 Districts) of the City's Ordinance identifies the storage of liquefied petroleum gas as a use which is permitted subject to approval of a Conditional Use Permit; and WHEREAS, this application has been reviewed in accordance with the provISIons of the California Environmental Quality Act and a Negative Declaration has been adopted (Planning Commission Resolution No. ) for this project as it will have no significant effect on the environment; and WHEREAS, notice of Public Hearing was published in The Herald, posted in public buildings, and mailed to property owners within 300 feet of the project in accordance with California State Law; and WHEREAS, a Staff analysis was submitted recommending conditional approval of the application; and WHEREAS, the Planning Commission held a Public Hearing on April 21, 1986, to consider all reports, recommendations, and testimony; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The use is required by the public need in that it provides a location in the City for the distribution of propane fuel. b) The use will be properly related to other land uses and transportation and service facilities in the vicinity in that the daytime activities will be commensurate with present use of properties in the neighborhood. c) The use, under all the 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 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 be to located in that the use meets all applicable perforrrance standards established for the M-1 and M-P Districts. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve PA 86-015 as shown by materials labeled Exhibit A and stamped approved on file with the Dublin Planning Department subject to approval of the related Site Development Review and the following Conditions: 1) This permit shall expire May 2, 1988, and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin zoning Ordinance. DP 83-20 r. '", " ~ ~ j .....),' ~ 1. 1f t,dt j' ~; ,'" --'_ 'l'~~, -/ 11 ~ .. "', ~;' '"" . "~h"'~ .' 711 'dX9'" () / 5 .~. 2) The use shall comply with all applicable Planning, Building, and Fire Code requirements. PASSED, APPROVED AND ADOPTED this 21st day of April, 1986. AYES: NOES: ABSENT: Planning Commission Chairman A'ITEST: Planning Director DP 83-20 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------ APPROVING SITE DEVELOPMENr REVIEW FOR PA 86-015 RENI'AL WORLD/CAL-GAS PROPANE GAS STORAGE TANK WHEREAS, Rental World/Cal-Gas has filed an application for Site Development Review and Conditional Use Permit (PA 86-015) to locate a 1,150 gallon propane gas storage tank in the M-l District at 6457 Dublin Court; and WHEREAS, notice of Public Hearing was published in The Herald, posted in public buildings, and mailed to property owners within 300 feet of the project in accordance with California State Law; and WHEREAS, a Staff analysis was submitted recommending conditional approval of the application; and WHEREAS, the Planning Commission held a Public Hearing on April 21, 1986, to consider all reports, recommendations, and testimony; and WHEREAS, the Planning Commission finds that: a) All provisions of Section 8-95.0 through 8-95.8, Site Development Review, of the zoning Ordinance are complied with; b) This application, as modified by the Conditions of Approval, will promote orderly, attractive, and harmonious development, recognized environmental limitations on; stabilize land values and investments; and promote the general welfare by preventing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards set forth in the zoning Ordinance and which are not properly related to their sites, surroundings, traffic circulation, or their environmental setting; c) The approval of the application as conditioned is in the best interests of the public health, safety, and general welfare; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission approves the Site Development Review as shown on the plans labeled "Exhibit A" and stamped "approved" on file with the Dublin Planning Department and subject to the following Conditions: Conditions of Approval: Unless stated otherwise, all Conditions shall be complied with prior to issuance of building permits and shall be subject to review and approval by the Planning Department. General Conditions: 1. comply with the plans labeled "Exhibit A" as may be amended by the related Conditional Use Permit and by these Conditions. 2. Provide one (1) 15-ga1lon Coast Redwood (Sequoia sempervirens) tree in the southeast corner of the front yard landscape area (adjacent to Dublin Court) as shown in Exhibit "A" approved plans (6-2-76) for V-70n on file at the Dublin Planning Department. r.,'~HjRr rr.. r .. ., ,,' _..:0;.:; :!# D DP 83-20 --.J- ,. , - , r...Gd..,...." ...' \ 1",\ c..,,; .-- \.,' 3. All landscaping shall be irrigated by an automatic irrigation system. 4. Comply with Standard Plant Material, Irrigation System, and Maintenance Agreement. 5. Submit to the Planning Director for review and approval color samples for the propane gas storage tank. 6. The color of the propane gas storage tank shall be compatible with existing building colors on site and in the surrounding neighborhood. 7. Installation of the propane gas storage tank shall comply with 1981 National Fire Protection Association Standard 58. 8. All proposed signage on the propane gas storage tank shall be subject to review and approval by the Planning Director. 9. No signage or graphics on the propane gas storage tank shall be located higher than 6 feet above the ground. 10. The applicant shall comply with all applicable building code requirements. PASSED, APPROVED AND ADOPTED this 21st day of April, 1986. AYES: NOES: ABSENT: Planning Commission Chairman ATTEST: Planning Director DP 83-20 / Ii '-1/ . '2;, : _Ii;'ji L I: ~f . <:J \.-....._~. I "'IS . ."~ J J :_1 ':; ':. '~:::~;:0i?~~_~!1~?'r': J r I_ ! i CAWP P"A~~ I , I ,;:0-. .- "' ~ ~ " \ .\, ;"~(,.\ . \'\ \:$-. . OFflC(S "'.... ','". ~~j~'" . ':~:'-:~~~~~~:>-~~.~.. \ \ , ,-. / ""', ''-'C", , ' , '\-----:---..:..' >~<. , \ ' ~. " ~, " "'--';~C",c", < ,..., ~'~:"c...... e,,;" ;,.,\. :~.C':~C~~.' ::~~:.~;:":: ~ /~.!::~~ ~~f[:: ~> ~~~~ ~ '",:'" , , " ,', \ I , ......., ........... \ \ .. , \', 1 I ATT~CHMENT I y,l../ 8L'J ~ ()l::) l)JBLI'" sPOl'lTS GI'lOUNOS -' -... -- -- ~ c:::::::- NEGATIVE DECLARATION FOR: PA 86-015 Rental World/Cal-Gas Conditional Use Permit and Site Development Review. (Pursuant to Public Resources Code Section 21000, et seq.) LOCATION: 6457 Dublin Court, Dublin, California 94568 PROPONENT: Chuck Arseneau Cal-Gas 295 E. virginia Street San Jose, CA 95112 DESCRIPTION: Conditional Use Permit and Site Development Review to locate a 1,150 gallon propane gas storage tank, height 18 feet, at 6457 Dublin Court in the M-1 District. 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: Visual impacts MITIGATION MEASURES: (1) Installation of propane gas tank shall comply with all applicable building and fire safety code requirements. (2) Adequate landscaping, including evergreen trees, shall be provided along the south and east property lines to screen the tank from off-site views. (3) Color of the tank shall be compatible with existing on-site structures. (4) No signage or graphics shall be located above six feet on the gas storage tank. PREPARATION: This Negative Declaration was prepared by the City of Dublin Planning Staff, (415) 829-4916. SIGNATURE: DATE: Laurence L. Tong, Planning Director DP 83-11 ATTACHMEtJT 2. )./1\ '2k- 0\ :";