HomeMy WebLinkAbout01-008 DblnScrtyStrge 11-27-2001 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: November 27, 2001
SUBJECT:
PA 01-008 Dublin Security Storage -Variance and Site Development Review
Prepared by Jonelyn Whales, Associate Planner & Janet Harbin, Senior Planner)
ATTACHMENTS:
Resolution denying the Variance
Applicant's Written Statement
Project Plans
RECOMMENDATION:
2.
3.
4.
5.
6.
Hear Staff Presentation
Open Public Hearing
Hear Applicant's Presentation
Question Staff, Applicant and the Public
Close Public Hearing and Deliberate
Adopt Resolution (Attachment 1) denying PA 01-008
DESCRIPTION
The applicant, Glenn Kierstead, of Dublin Security Storage is requesting a Variance and Site Development
Review approval to expand an existing warehouse and outdoor storage facility with additional storage units,
totaling approximately 10,000 square feet. The site consists of two parcels totaling 6.61 acres and contains
approximately 98,600 square feet of building area. A variance is required to allow a zero-foot rear yard setback
in place of the 20-foot setback required by the Zoning Ordinance along the periphery of the rear property line.
Pre-fabricated storage units are proposed along the property line of the two contiguous parcels located at 6005
Scarlett Court. The proposal is for twenty-five 10x20 and eight 5x10 storage units for the rear of the northern
parcel (APN 941-550-34), and twenty-two 10x20 and four-5xl 0 storage units scheduled for the southern parcel
(APN 941-550-33) for a total of 10,000 square feet of outdoor storage. These units would be similar to those
presently on the site. The applicant proposes no other site improvements.
BACKGROUND
The applicant has operated an outdoor storage facility at the subject location for approximately twenty-two
years. Initially, the County of Alameda approved an application for a Conditional Use Permit allowing an
outdoor storage facility containing 20,000 square feet of outdoor storage units. Subsequently, the applicant
applied for planning permits to expand the facility and other tenant improvements. As evidenced by the
following chronology of zoning and building permits, Dublin Security Storage previously requested a similar
variance for a zero lot line rear yard setback in August 1985.
Copies To: Applicant
Property Owner
PA File
Item No. ~-/
Zoning and Building History:
12/16/68:
The Alameda County Planning Commission approved a Conditional Use Permit (C-
1959) to allow construction of an outdoor storage yard at 6005 Scarlett Court.
7/15/70:
The Alameda County Planning Commission approved a variance (V-5053) to waive the
solid fencing requirement along a portion of the perimeter. This variance expired on
October 21, 1971.
12/8/71:
The Alameda County Zoning Administrator approved: 1) a Conditional Use Permit
(C-2392) to allow a contractor's storage yard and 2) a Variance (V-5620) to waive the
solid fencing requirement along a portion of the perimeter.
4/27/77:
The Alameda County approved: 1) a Variance (V-7281) to create two (2) building sites
without street frontage and 2) to allow a temporary "For Sale" sign with a 120 square
foot sign area. The sign was not allowed to be displayed longer than four months from
the date of installation.
10/4/78:
The Alameda County Zoning Administrator approved: (1) a Conditional Use Permit (C-
3466) to allow office use and outside storage of recreational vehicles in the M-1
District, and 2) a Variance (V-7766) to reduce the south side yard setback to zero where
10 feet is typically required.
11/19/78:
The Alameda County Planning Director approved a Site Development Review request
to construct seven, self-storage buildings.
3/10/82:
Alameda County Planning Commission approved a Site Development Review request
to construct a repair shop building and storage addition.
5/7/84:
The Dublin Planning Commission approved a Conditional Use Permit to allow the
outside storage of lumber. This permit expired on May 7, 1987.
5/30/85:
The Dublin Zoning Administrator adopted a Negative Declaration finding no
significant environmental impacts for a proposal (PA 85-047) to allow construction of
two buildings totaling 21,780 square foot along the northern property line.
8/5/85:
The Dublin Zoning Administrator denied a Variance (PA 85-047.1) to allow a 21,780
square foot addition to encroach into a 10 foot required side yard setback along the
northern property line. The applicant appealed the Zoning Administrator's action on
August 8, 1985. The Dublin Planning Commission upheld the Zoning Administrator's
decision on September 3, 1985.
1/10/86:
The Dublin Planning Director approved a Site and Development Review application
(PA 85-047.2) to allow construction of a 7,225 square foot addition at the outdoor
storage facility.
2
3/12/86:
The Dublin Building Department issued a permit for minor tenant improvements to the
caretaker's apartment which included redesigning the living room, laundry and
bathroom.
8/4/86:
The Dublin Planning Commission approved: 1) Conditional Use Permit (PA 86-060)
request to construct three, two-story self-storage buildings (70,000 square feet of
cumulative area); and 2) Site Development Review to convert two existing buildings to
self-storage uses (12,600 square feet of cumulative area) for storage of vehicles and
truck rentals.
2/6/89:
The Dublin Planning Commission approved a Conditional Use Permit (PA 88-054) to
allow the continued operation of a self-storage facility with outdoor storage of vehicles.
This approval expired on August 14, 1989. Additionally, approval was granted for
installation of a single-faced 35-foot tall freestanding sign with a maximum sign area of
84 square feet. The applicant appealed the Planning Commission's action to the City
Council requesting an additional 28.5 square feet of sign area. OnFebruary 27, 1989,
the City Council approved the request.
2/6/89:
The Dublin Planning Commission approved a Conditional Use Permit to allow the
continued operation of an outdoor storage facility.
6/1/92:
The Dublin Planning Commission approved a Conditional Use Permit (PA 92-025)
request to allow the continued operation of an outdoor storage and truck rental facility,
including an ancillary Pacific, Gas and Electric Company (PG&E) facility with outdoor
storage of PG&E trucks, recreational vehicles, Ryder truck rentals and equipment.
12/7/92:
The Dublin Zoning Administrator approved a modification to a Conditional Use Permit
(PA 92-025) to allow Tag's Towing to utilize the outdoor storage previously used by
PG&E as storage for abandoned trucks and vehicles.
Historically, Conditional Use Permits have been granted for the expansion of Dublin Security Storage.
Variances were approved to encroach into side yard setbacks to allow construction of additional self-storage
units, resulting in approximately 150,000 square feet of cumulative area of storage. The applicant has also been
permitted to change uses to accommodate the varied nature of his business.
ANALYSIS
The subject site is located in the M-1 (Light Industrial) Zoning District. Surrounding land uses are Nissan Auto
Sales to the south, 84 Lumber Storage to the east, U-Haul Mini-Storage to the west and to the north lies a
corporation yard. The subject site is accessed via private road shared with Nissan Auto Sales and Service that is
approximately three hundred feet long and 110 feet wide.
The applicant believes the variance should be granted because the property has special circumstances related to
easements, which are identified in the written statement (Attachment 2). Mr. Kierstead states the special
cimumstances affecting the maximum use of his property are the location of the drainage canal and a roadway
easement to the east, and landscaped areas west of the canal and in front of the office on the property.
Variance Findings Required: The applicant is requesting a variance to allow deviation from the rear yard
setback required by the Zoning Ordinance to construct two storage buildings along the eastern property
boundary. The City of Dublin Zoning Ordinance, Section 8.36.030 Commercial and Industrial Development
Regulations, requires that properties in the M-1 zoning district maintain a 20ofoot rear yard setback in which no
buildings, structures or additions may be located. Additionally, Section 8.112.060 of the Zoning Ordinance
establishes the procedure for granting Variances and requires that findings must be made by the Planning
Commission in order for a variance to be granted. All of the following findings must be made for a Variance to
be granted:
A. That there are special circumstances applicable to the property including size, shape, topography,
location or surroundings; such that the strict application of the requirements of the Zoning Ordinance
deprives the property of privileges enjoyed by other property in the vicinity and under identical
zoning classification.
B. That the granting of the Variance is subject to such conditions that will assure that the adjustment
shall not constitute a grant of special privileges inconsistent with the limitations upon other
properties in the vicinity and under the identical zoning classification.
C. That the granting of the Variance will not be detrimental to persons or property in the vicinity or to
the public health, safety and welfare.
D. That the granting of the Variance is consistent with the purpose and intent of the applicable zoning
district.
E. That the granting of the variance is consistent with the Dublin General Plan and with any applicable
Specific Plans.
Consistency with Required Findings: Staff's opinion is that the project does not meet the requirements of the
findings because there are no special circumstances applicable to the physical characteristics of the property that
deprive the property of privileges enjoyed by other properties in the vicinity and the same zoning classification.
Other properties are limited by roadway locations and easements and landscaping requirements. A roadway
easement is necessary for access to the property, and all developed properties require some form of access
relative to the use of the property. The landscaping on the site is minimal and is shown on the Site Plan
submitted by the applicant (Attachment 3) as only 3 feet in depth on the north and west side of the property.
The City has landscaping standards that would be applied to any property that proposes to develop for a
particular land use.
Granting of the variance would be inconsistent with the zoning regulations for this district which require 1 O-foot
setbacks for side yards and a 20-foot setback for the rear yard. The applicant has received variances in the past
to deviate from the zoning regulations and has been allowed to build within the 10-foot setback on the south
side of the property without providing additional landscaping. This has resulted in excessive building and
storage area on the site. The City's General Plan designation for the property is Business ParkJlndustrial
Outdoor Storage and is permitted to develop to a Floor Area Ratio (FAR) of up to .40. The building and storage
area on this site is presently approximately 150,000 square feet, resulting in a FAR of .52 which exceeds the
maximum FAR allowed in this area. Allowing an additional 10,000 square feet of storage area on the site
would further exceed the standard and be inconsistent with the General Plan.
Additionally, approval of the variance would appear to be a grant of special privileges by allowing buildings to
be located in the required rear yard area. Other properties in the vicinity under the same zoning district
classification have been required to meet the 20-foot rear yard setback standard and to landscape the rear yard
area. As a result of maintaining this standard with recent development in the Scarlett Court area, a significant
improvement in the visual appearance of the area has occurred.
Site Development Review: The project is subject to Site Developmem Review under Section 8.104.030(D)
and (E) of the Zoning Ordinance as it consists of modifications to the site layout and improvements, and new
construction with a gross floor area of more than 1,000 square feet. The procedure for approval of Site
Development Review for a project requires that the Planning Commission make specific finding related to
compliance with the General Plan, Zoning Ordinance, the suitability of the type and intensity of the
development, and the use of landscaping to provide an attractive environment for the public. As the proposed
project is not consistent with the General Plan and Zoning Ordinance as discussed in the previous section, the
findings necessary for approval of the Site Development review cannot be made.
ENVIRONMENTAL REVIEW
The Califomia Environmental Quality Act (CEQA) Guidelines list those projects which are Categorically Exempt
from environmental review. Section 15301(e)(2) exempts minor alterations of existing facilities of 10,000
square feet or less. This proposal is to expand a Vehicle Storage Lot with storage units of approximately 10,000
square feet. Therefore, the project is considered categorically exempt from the provisions of CEQA pursuant to
Section 15301(e)(2) of the State CEQA Guidelines.
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Adopt Resolution (Attachment 1) denying the Variance and Site Development Review to allow expansion of
the existing storage facility at 6005 Scarlett Court.
GENERAL INFORMATION:
PROPERTY OWNER/
APPLICANT:
LOCATION:
ASSESSORS PARCEL NO.:
EXISTING ZONING:
GENERAL PLAN DESIGNATION:
ENVIRONMENTAL REVIEW:
Glenn Keirstead
Dublin Security Storage
6005 Sierra Court
Dublin, CA 94568
6005 Scarlett Court
941-550-033 & -034
M-1, Light Industrial Zoning District
Business Park/Industrial Outdoor Storage
The California Environmental Quality Act (CEQA) Guidelines list
those projects which are Categorically Exempt from environmental
review. Section 15301(e)(2) exempts minor alterations of existing
facilities of 10,000 square feet or less. Therefore, the project is
considered categorically exempt from the provisions of CEQA
pursuant to Section 15301 (e)(2) of the State CEQA Guidelines.
6
RESOLUTION NO. 0l-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING A VARIANCE AND SITE DEVELOPMENT REVIEW
TO ALLOW CONSTRUCTION OF TWO BUILDINGS WITHIN THE REQUIRED SETBACK FOR
DUBLIN SECURITY STORAGE
PA 01-008
WHEREAS, Glenn Kierstead, the Property Owner and Applicant, has requested approval of a
Variance and Site Development Review to allow construction within the rear yard setback area of two
storage unit buildings totaling approximately 10,000 square feet at Dublin Security Storage located at 6005
Scarlett Court; and
WHEREAS, a complete application for the above noted entitlement request is available and on file
in the Department of Community Development; and
WHEREAS, Applicant has submitted Project Plans dated received August 27, 2001; and
WHEREAS, the Project is Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section
15301(e)(2), Class 1, as the project is an addition to an existing facility where the net increase in area is no more
than 10,000 square feet and all services are available; and
WHEREAS, the Planning Commission did hold a public hearing on said project application on
November 27, 2001; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and use their independent judgment and considered all
said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Planning Commission of the
City of Dublin does hereby make the following findings and determinations regarding said proposed
Variance and Site Development Review:
1) There are no special circumstances applicable to the physical characteristics of the property that deprive
the property of privileges enjoyed by other properties in the vicinity and the same zoning classification
2)
Approval of the variance would appear to be a grant of special privileges by allowing buildings to be
located in the required rear yard area while other properties in the vicinity have been required to meet
the zoning district building setbacks.
3) Approval of the variance would be inconsistent with recent project approvals in the Scarlett Court area.
4) Approval of the variance would be inconsistent with the General Plan Floor Area Ratio (FAR) for the
land use designation and would result in further overbuilding of the site with minimal landscaping.
ATTACHMENT[
5) Approval of the Site Development Review for the project is not consistent with the General Plan and
Zoning Ordinance related to required setbacks, landscaping and intensity of development on the site.
BE IT FURTHER RESOLVED that the Planning Commission does hereby deny the said application.
PASSED, APPROVED AND ADOPTED this 20th day of November, 2001.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Community Development Director
Dublin Security Storage
6543 Regional Street · Dublin, CA 94568 · (925) 829-5600
July 11, 2001
Jolmtyn Whales
Planning Department
City of Dublin
100 Civic Plaza
Dublin, CA 94568
RECEIVED
JUL 1 3 ZOO1
DUBLIN PLANNING
RE: Findings on Variance for 7100 Dougherty Road
Dear Johnlyn:
The Variance issued on Dublin Self Storage located at 7100 Dougherty Road was granted
on October 12, 1977. The Zoning Administration approval is based on the findings of the
Resolution. (See enclosed copy of Resolution Number 2-3138, Variance V-7447).
Our property, located at 6005 Scarlett Court, has special circumstances effecting the
maximum use of our property do to our required front set-back of 69 feet, which is listed
below:
1. The drainage canal located on the east side of our property is 15 feet wide.
2. There is a road easement on the east side of our property that is 32 feet wide.
3. There is a landscaping area west of the drainage canal that is 3 feet wide.
4. There is a landscaping area located in front of the office that is 19 feet wide.
It is clear that the existing set-backs are almost three times the normal requirement. In
relation to the above special circumstances, the owners are unable to have full use and
enjoyment of their property. Dublin Security Storage respectfully requests the approval
of the zero lot line set-back on the west side of their property.
Thank you for your attention to this matter. Should you need any additional information
or require any assistance, please do not hesitate, to contact me directly. My office number
is 828-1888 and my cell number is 250-8280.
Sincerely,
Dublin Security Storage
ATTACHMENT
~ul OS Ol OS:13a p. !
THE ZONING ADHINISTRATOR OF ALAt~,EDA COUNTY
ADOPTED AT THE HEARING OF OCTOBER 12, 1977, CONCERNING V-7~,7
~HEREAS Rlbco, Inc. and Reeves Construction Company have filed an appl ica-
tion for a VARIANCE, V-7~a7, to al Io~ construction of mJni-~arehouses thereby
reducing the slde yard and rear yard from the required 10~ to zero and reduce
parking from 77 spaces to 11 In an "l~-1" (Light Industrial) Olstr1¢t~ located at
Dougharty Road, ~est slde, ~,00' north of the Intersection with Sierra Lane, Dublln,
Assessor's No. 9kI-205-23; and
WHEREAS It satisfactorily appears fro~ affidavits on file that proper notice
of said public hearing wa% given in all respects as required by law; and
WHERE.RS the Zoning Administrator dld hold a public hearing on said appllca-
tlon at the hour of 1:30 p.m. on the 12th day of October, 1~77,1n the Alameda County
Public Works Sullding, 3~ Elmhurst Street, Hayward, California; and
WHEREAS this application has been reviewed in accordance with the provisions
of the California Envlronmental Quality Act and has been found to be categorically
exempt; and
WHEREAS a Pre-Hearing Analysis was submitted recommending the application
be disapproved; and
WHEREAS a representative for the appllcants did appear at sald meeting and
presented testimony in support of the application; and
WHEREAS the Zoning Administrator did hear and consider all said reports,
recommendations and testimony as h'erelnabove set forth; Now Therefore
BE IT RESOLVED that the Zoning Administrator finds that;
(a)
The shape of the property and the location and shape and proposed
use buildings are special circumstances appllcable to the property
which deprive the property of privileges enjoyed by other property
in the vicinity under the identical zoning classification.
As proposed, the granting of the applicatlon'w111 not constltute a
grant of speclal privileges Inconsistent with the limitations upon
other properties in the vicinity and zone.
(c) The us~ will not be detrlmental to persons or property in the neighbor-
hood or to the publlc welfare.
BE IT FURTHER RESOLVED that the Zoning Administrator does hereby condi-
tionally approve said application as shown by materials labelled Exhibit 'B" on
file with the A1ameda'County Planning Departments subject to the follc~vl~g conditions=
1. All construction shall be llmlted to single story.
2. Residential use shall be limited to a caretaker and famlly not to
Include school-age children.
Except.as speclflcally stated above, the land and use of said property shall comply
with all provisions of the Alameda County Zoning Ordinance.
Said Variance shall remain revocable for cause In accordance with Section 8=~0.3
of the Alameda County Zoning Ordinance.
RICHARD F. FLYNN - ZONING ADHINISTRATOR
-20 0 20 4O 8O ~
APN 941-550-33
/
/
/
SCALE: 1"=30'
520.20'
?/
/
/------ ~ APN 941-550-54-
RECEIVED
~U~ "'" 2001
bL;6LiN
8/27/2001
ATTACHMENT
'NEST ELEVATION
EAST ELEVA~ON
(TYP)
SOUTH ELEVATION
NORTH ELEVATION
LU ~ 0.- 0
- ~