HomeMy WebLinkAbout86-051 Ozzie Davis-Pontiac/Toyota CUP
TO:
FROM:
SUBJECT:
GENERAL INFORMATION:
CITY OF DUBLIN
PLANNING COMMISSION
Meeting Date: June 16, 1986
Agenda Statement/Staff Report
Planning Commission
Planning Staff ~
PA 86-051 Ozzie Davis - Pontiac/Toyota Car
Dealerships Temporary Exterior Vehicle Storage -
60-Day Maximum Time Frame.
PROJECT:
APPLICANT AND OWNER:
LOCATION:
ASSESSOR PARCEL NUMBER:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING AND
LAND USE:
SURROUNDING ZONING AND
LAND USE:
ZONING HISTORY:
ITEM NO.
?),3
PA 86-051 Ozzie Davis - Pontiac/Toyota Car
Dealerships Conditional Use Permit for use of
temporary exterior vehicle storage for a period
not to exceed a maximum of sixty days.
Ozzie Davis
Ozzie Davis
6450 Dublin
Dublin, CA
- Pontiac/Toyota
Court
94568
6450 Dublin Court
Dublin, CA 94568
941-1400-8
Commercial/Industrial - Retail/Office and
Automotive
Pontiac/Toyota Car Dealerships
C-2, General Commercial
North - C-2, General Commercial - Mixed Office
and Retail Uses
East and South - Unzoned - 1-580 Interchange
Right-of-Way
West - C-2, General Commercial - Pontiac/Toyota
Car Dealership with M-l, Light
Industrial - Zone 7 Flood Control
Channel and the Dublin Sports Ground
Lying Beyond
The existing car dealerships were established
following the 1980 approval by the Alameda
County Zoning Administrator of S-767 and C-3756,
respectively providing the Site Development
Review and Conditional Use Permit approval.
COPIES TO: Applicant/Owner
File PA 86-051
APPLICABLE REGULATIONS:
Section 8-60.60 (Temporary Uses. Conditional Uses.) provides that in any
district, temporary uses of a duration of sixty days or less that are not
categorically exempt from the requirements of the California Environmental
Quality Act shall be permitted only if approved pursuant to Section 8-94.0
(the Conditional Use Permit Process).
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.
Section 8-94.4 states that the approval of a Conditional Use Permit may be
valid only for a specified term, and may be made contingent upon the
acceptance and observation 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 of Environmental
Significance has been prepared for this
application on the basis that the proposed
project will not have a significant effect on
the environment.
NOTIFICATION:
Public Notice of the June 16, 1986, hearing was
published in The Herald, mailed to adjacent
property owners, and posted in public buildings.
ANALYSIS:
The Applicant is requesting approval to temporarily store up to a maximum of
60 cars on a portion of the vacant lot adjoining the existing Pontiac/Toyota
Car Dealerships. The Applicant advised Staff that he is anticipating
receiving additional new vehicles from both car manufacturers that will extend
his total inventory temporarily beyond the capacity of the existing dealership
layout (see Attachment #1). The requested Conditional Use Permit would
provide temporary vehicular storage for approximately 60 days on a 120' x 240'
portion of the vacant, undeveloped lot adjoining the east side of the car
dealership.
The Applicant's Written Statement of June 3, 1986, requests authorization to
temporarily store wholesale cars and to provide space for excess employee
parking. While Staff can support a conditional approval of temporary storage
of the wholesale units, it has difficulty seeing merit in the request to allow
use of the portions of the lot for employee parking. Differences between the
two types of parking basically boil down to the frequency of movement of
vehicles in and out of the lot. The area is unimproved (i.e., a dirt lot) and
is accessed by an unimproved driveway connection to Dublin Court. The
existing car dealerships were approved in 1980 and were required to maintain a
on-site parking spaces for employee or vendor parking, for cars awaiting
-2-
service for customer or visiting parking. Irregard1ess of the space "pinch"
the Applicant will temporarily encounter, the Staff cannot support any relief
to the obligation to provide normally required on-site parking. The City has
previously processed a complaint against the Applicant for not maintaining
parking areas on-site for his employees.
The use of the temporary lot for storage of wholesale cars is considered
acceptable on a short term basis as it will involve less movement of vehicles
in and out of the lot and will not be accessible by the general public.
If the Planning Commission sees merit in this request it should keep in mind
the precedent the approval may set for similar future requests. An approval
of the project should be tightly conditioned to provide for a narrowly defined
entitlement that will be consistent with the intent of the C-2, General
Commercial District and will not involve any retail activity within the
temporary vehicle storage area. It should be noted that the City has
previously processed a complaint for storage and display.
While Staff is generally supportive of the application, if modified to provide
for storage of only wholesale vehicles, Staff does encourage the Planning
Commission to indicate that the approval is to be viewed as a one-time only
permit. Staff strongly recommends that the Applicant be advised that any
subsequent request to utilize the vacant property for overflow parking or
storage will be sanctioned only upon the approval of a standard Conditional
Use Permit and the provision of a fully improved site, which would include
site paving, drainage and landscaping and would be required to be accompanied
by normal frontage improvements along Dublin Court.
RECOMMENDATION:
Based on the above Staff Report, Staff finds the request appropriate (modified
to disallow employee parking within the temporary lot) and recommends the
Planning Commission
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) Consider and act on two draft Resolutions:
A - A Resolution regarding the Negative Declaration of
Environmental Significance
B - A Resolution regarding the Conditional Use Permit
ACTION:
Staff recommends the Planning Commission Adopt Exhibits A
and B adopting a Negative Declaration of Environmental
Significance for the project and approving Conditional Use
Permit Application PA 86-051.
-3-
ATTACHMENTS:
Exhibit A - Draft Resolution adopting a Negative Declaration of
Environmental Significance
Exhibit B - Draft Resolution approving the Conditional Use Permit
Application
Background Attachments:
1 - Applicant's Written Statement
2 - Location Maps
3 - Partial Site Plan
4 - Draft Negative Declaration
-4-
RESOLUTION NO.
A RESOLUTION OF TIIE PLANNING COMMISSION
OF THE CITY OF DUBLIN
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
CONCERNING PA 86-051 OZZIE DAVIS - PONTIAC/TOYOTA CAR DEALERSHIP -
TEMPORARY EXTERIOR VEHICLE STORAGE (60-DAY MAXIMUM TIME FRAME)
WHEREAS, the California Environmental Quality Act (CEQA), as
amended together with the State's administrative guidelines for implementation
of the California Environmental Quality Act and City Environmental Regulations,
requires that certain projects be reviewed for environmental impact and that
the environmental documents be prepared; and
WHEREAS, a Negative Declaration of Environmental Significance has
been prepared for PA 86-051 by the Dublin Planning Department; and
WHEREAS, the Planning Commission did review the Negative
Declaration of Environmental Significance and considered it at a public hearing
on June 16, 1986; and
WHEREAS, the City Planning Commission determined that the project,
PA 86-051, will not have any significant environmental impacts;
NOW, TIIEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
finds that the Negative Declaration of Environmental Significance has been
prepared and processed in accordance with State and local environmental law and
guideline regulations, and that it is adequate and complete.
PASSED, APPROVED AND ADOPTED this 16th day of June, 1986.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 86-051 OZZIE DAVIS - PONTIAC/TOYOTA CAR DEALERSHIP TEMPORARY
EXTERIOR VEHICLE STORAGE (60-DAY MAXIMUM TIME FRAME) CONDITIONAL USE PERMIT
WHEREAS, Ozzie Davis, of Ozzie Davis Pontiac-Toyota, requests
approval of a Conditional Use Permit to allow use of temporary exterior
vehicle storage for a maximum period of sixty days on a portion of the vacant
parcel adjoining the east side of the Pontiac/Toyota Car Dealership,
respectively more specifically described as APN 941-1400-08 and
APN 941-1400-07; and
WHEREAS, the City of Dublin Zoning Regulations require approval of
a Conditional Use Permit to establish use of temporary uses when used for
periods that do not exceed a maximum of sixty days in a twelve-month period;
and
WHEREAS, the Planning Commission did hold a public hearing on said
application on June 16, 1986; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, this application has been reviewed in accordance with the
prOVlSlons of the California Environmental Quality Act and a Negative
Declaration of Environmental Significance has been previously adopted for the
project (Planning Commission Resolution No. ); and
WHEREAS, the Planning Commission finds that the Conditional Use
Permit will not have a significant environmental impact; and
WHEREAS, the Staff Report dated June 16, 1986, was submitted
recommending that the Conditional Use Permit application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony herein above set forth; and
WHEREAS, the proposed land use, if conditionally approved, will be
appropriate for the subject property in terms of being compatible to existing
land uses in the area and will not overburden public services;
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds:
A. The use serves the public need by providing use of temporary exterior
vehicle storage for an existing commercial auto dealership.
B. The use will be properly related to other land uses and transportation
and service facilities in the vicinity.
C. The use will not 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 area.
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.
E. The approval of the Conditional Use Permit will be consistent with the
policies set forth within the Dublin General Plan.
-1-
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BE IT FURTHER RESOLVED that the Planning Commission does hereby
conditionally approve said Conditional Use Permit application as shown by
materials on file with the Dublin Planning Department, subject to the
following Conditions:
1. This approval is for the establishment of temporary exterior vehicle
storage of a maximum of 60 vehicles for a period not to exceed a maximum
of 60 days. Vehicle storage shall serve as over-flow parking for the
Ozzie Davis - Pontiac/Toyota Car Dealerships and shall not be utilized
to store vehicles, new or used, for any other dealership.
2. All temporary exterior vehicle storage established in accordance with
this permit shall be located and maintained in a manner so as not to
create a visual or physical hazard for either pedestrians or vehicles.
3. Temporary exterior vehicle storage may occur for a maximum period of 60
days which shall commence no earlier than June 27, 1986, and shall be
terminated no later than October 15, 1986.
4. No temporary promotional advertising displays may be displayed within
the area of temporary exterior vehicle storage approved under this
permit.
5. The Applicant shall provide written notice to the City of Dublin
Planning Department a minimum of four calendar days prior to
establishing the subject temporary exterior vehicle storage.
6. Display and sale of the vehicles stored in the subject temporary
exterior vehicle storage area shall be limited to wholesale
transactions. The area of temporary vehicle storage shall not be open
to the general public.
7. The area utilized for temporary exterior vehicle storage (plus a 10'
perimeter boundary strip) shall be weeded, disced and treated in such a
manner to create a smooth, clear surface. Weeding of the area shall
include the adjoining section of public right-of-way. The temporary
exterior vehicle storage area and the adjoining public roadway (Dublin
Court) shall be maintained in a debris-free state. If deemed necessary
by the City Engineer, the Applicant shall be responsible for instituting
all dust palliative measures necessary to control the spread of dust
from the area used for temporary exterior vehicle storage.
8. The temporary exterior vehicle storage area shall not be utilized for
employee, vendor, service or customer parking. Employee and vendor
parking, as well as parking for the service center and for dealership
customers, shall be maintained upon the permanent car dealership
facility at 6450 Dublin Court. This parking shall observe the numerical
parking requirements of the Zoning Ordinance. Prior to the establishment
of the temporary exterior vehicle storage, the Applicant shall submit a
site plan of the Car Dealership at 6450 Dublin Court for review and
approval by the Planning Director which details the manner and
distribution that said parking is to be provided.
9. The access driveway connection between the temporary exterior vehicle
storage area and Dublin Court shall be gravelled to a minimum width of
16 feet and for a minimum depth of 20 feet (measured from the existing
edge of pavement of Dublin Court). An Encroachment Permit, if
determined necessary by the City Engineer, shall be secured for the use
of, or construction within, the City right-of-way at the referenced
driveway connection.
10. The trash container located at the northeast corner of the 6450 Dublin
Court facility shall be removed from the property or shall be moved to
an approved trash container enclosure area. The decorative chain-block
gate in this area shall be repaired prior to use of the temporary
exterior vehicle storage.
-2-
11. At any time during the effectiveness of this approval, the approval
shall be revocable for cause in accordance with Section 8-90.3 of the
Dublin Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 16th day of June, 1986.
AYES:
NOTES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
-3-
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AC
PONTIAC - TOYOTA
6450 DUBLIN CT. . TELEPHONE 829-7700. DUBLIN, CALIFORNIA 94568
;". E eEl V E 0
JUN. 3 1986,
June 3, 1986
OUBLlN PLANNING
............
City of Dublin
Planning Departrrent
Please allaN this letter to accarpany rrrY application for a conditional use permit to
pari< up to 60 cars for a pericd not to exceed 60 days.
This permit wuld ~ for storage of wt'Olesale units and excess erployee pari<ing.
lhfortL.mtely \..e fird ourselves overstocked 'l:811X>rarily because of Tho factors.
1. Pontiac has shipped us four (4) rrorrths v.orth of cars because they are nCM shut
dow1 for rro::Jel changeover.
2. Toyota released double the nurber of vehicles over normal because of the voluntary
restrictions on Japanese irrports entering a Ile'I year.
he will not use this area for display and plan to occupy this for no rrore than 60
days fran June 26, 1986 until ,August 26, 1986.
Thank you for your consideration.
Sincerely,
O~IS :AC-TOYOTA0
~-~
Ozzre BaVis
Presidffit
CO/ell
"WORLD'S GREA TEST SERVICE DEPARTMENT!"
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PLA AJ
CITY OF DUBLIN
Planning/Zoning 829-4916
Building & Safety 829-0822
Engineering/Public Works 829-4927
Development Services
P.O. Box 2340
Dublin. CA 94568
NEGATIVE DECLARATION FOR:
PA 86-05l Ozzie Davis - Pontiac/Toyota Car Dealership
Temporary Exterior Vehicle Storage - 60-Day Period
Conditional Use Permit
(Pursuant to Public Resources Code Section 21000, et seq.)
LOCATION:
6450 Dublin Court
Dublin, CA 94568
APPLICANT AND OWNER:
Ozzie Davis
Ozzie Davis - Pontiac/Toyota
6450 Dublin Court
Dublin, CA 94568
DESCRIPTION: Conditional Use Permit request for use of temporary exterior vehicle
storage for a maximum period of 60 days.
FINDINGS: The project will not have a significant effect on the environment.
INITIAL STUDY: An Initial Study has been prepared by Staff and serves to indicate
no significant environmental impacts are associated with this project proposal.
MITIGATION MEASURES: None required.
PREPARATION: This Negative Declaration was prepared by the City of Dublin Planning
Staff.
SIGNATURE: DATE:
Laurence L. Tong, Planning Director
LLT/KJG/ao
cc: File PA 86-051
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