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HomeMy WebLinkAboutPC Reso07-49 Appv All Glass CUP PA07-048 RESOLUTION NO. 07- 49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO ALLOW ALL GLASS IN THE M-l (LIGHT INDUSTRIAL) ZONING DISTRICT LOCATED AT 6325 SIERRA COURT (APN 941-0205-014) PA 07-048 WHEREAS, the Applicant, Dung T. Cao, owner of All Glass, has requested a Conditional Use Permit to operate All Glass at 6325 Sierra Court, APN 941-0205-014 in the M-l (Light Industrial) Zoning District; and WHEREAS, the proposal includes an approximately 4,236 square foot tenant space in an existing building; and WHERAS, an Automobile/Vehicle Repairs and Service facility is permitted in the M-l (Light Industrial) Zoning District with approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the Applicant submitted project plans and a written description for the requested entitlement received by the Planning Division on September 12,2007, and WHEREAS, the application has been reviewed in accordance with the proVIsIOns of the California Environmental Quality Act (CEQA) and this project was 10und to be exempt under the CEQA Guidelines Section 15301 as it is a comparable use in an existing building which requires no alteration; and WHEREAS, the Planning Commission held a public hearing on said application on October 9, 2007; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff RepOJ1 was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and considl:r all said reports, recommendations and testimony herein above set forth and used its independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does hereby find that: A. The proposed Automobile/Vehicle Repairs and Service use is compatible with other land uses, transportation and service facilities in the vicinity because: l) the proposed location of All Glass is in an existing building with industrial uses and will be located in close proximity to other business which provide autof1obile services; 2) Chapter 8.08, Definitions, includes services performed for automobiles/vehicles under the "AutomobilelVehicle Repairs and Service" definition; 3) Section 8.l2.050 states that an AutomobilelV ehicle Repairs and Service use is permitted in the M-l (Light Industrial) Zoning District with a Conditional Use Permit; and 4) the proposed location of All Glass is in a 4,236 square foot tenant space located in an exis1ing building and is compatible with the existing and allowed uses of the building as required by Chapter 8.100, Conditional Use Permit, of the Dublin Zoning Ordinance. B. The proposed All Glass business will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health safety and welfare because: l) the proposed All Glass business will comply with all City of Dublin and State regulations; and 2) Conditions of Approval have been included to minimize impacts this use may have on existing uses and to aid in the locati,)n of an auto service facility into an industrial building. C. It will not be injurious to property or improvements In the neighborhood because: 1) All Glass will comply with all City of Dublin regulatiom:; 2) All Glass will be located in an existing building and no exterior modifications are proposed to be made to the building; and 3) All Glass is an appropriate use in the Light Industrial Zoning District and the existing building and, as conditioned, will be compatible with the existing uses in the building and the surrounding properties. D. There are adequate provisions for public access, wata, sanitation, and public utilities and services to ensure that the proposed use and related st"Uctures would not be detrimental to the public health, safety and welfare because: 1) All Glass will be located in a existing building; and 2) the building and property were designed to accommodate a variety of uses and the proposed use fits in with the intended uses of the building. E. The subject site is physically suitable for the type, c/ensity and intensity of the use and related structures being proposed because: 1) All Class will be located in an existing building which was designed to support a variety of .mtomobile repairs and services and industrial uses; 2) the proposed business is small, 4,2:16 square feet in size, and is located in a portion of an existing building and therefore will not dominate the available square footage of the building or the property and will not change the overall density of the site; 3) as conditioned, the Applicant will be requin:d to exercise adequate property maintenance; and 4) as conditioned, All Glass is prohil::ited from storing vehicles outside or parking vehicles in non-designated parking stalls in ore er to reduce impacts on the site. F. It will not be contrary to the specific intent clcuses, development regulations or performance standards established for the Zoning District in which it is located because: 1) the proposed use is a Conditional Use in the M-l (Light Industrial) Zoning District and is a permitted use when the required findings as statec. in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 2) Section 8.76.080.]) outlines the parking requirements for "AutomobilelV ehicle Repairs and Service;" and as required by Chapter 8.76, Off-Street Parking and Loading Regulations, the total number of required parking stalls for the proposed All Glass is 13.6 parking stalls based on the requirement that the facility have one stall for every 400 square feet of floor area plus one stall per service bay; 3) based on the existing uses in the building as well as the adjacent property, there are an adequate number 2 of parking stalls on the subject site or the adjacent sire (which form a pool of parking) to support the business; and 4) the proposed use is consistent with the intent of the M-l (Light Industrial) District as defined by Section 8.28.020.13 of the Dublin Zoning Ordinance because All Glass is small in size, meets the needs of residents in the City, is compatible with the surrounding land uses and will be conducted wtirely within the existing building. G. It is consistent with the Dublin General Plan becawe: l) the proposed use is permitted with a Conditional Use Permit and meets the intention;; of the Zoning District in which it is located; and 2) as conditioned, All Glass will operate in such a manner as to limit impacts on the surrounding businesses. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby approve PA 07-048, Conditional Use Permit, to allow an AutomobilelVehicle Repairs and Service use in the M-l (Light Industrial) Zoning District subject to the following Conditions of Approval: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to review and approval by the City of Dublin. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL.] Planning, [B] Building, [PO] Police, [DSR] Dublin San Ramon Services District and [F] Alameda County Fire Department. CONDITION TEXT GENERAL - CONDITIONAL USE PERMIT 1. Approval. This Conditional Use Permit approval for P A 07-048 allows All Glass at 6325 Sierra Court. The project shall generally conform with the project plans received by the Planning Division and on file In the Community Development Department, and other plans, text, and diagrams relating to this Conditional Use Permit, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approved use shall commence within one (1) year of CUP approval, or the CUP shall lapse and become null and void. Commencement of use means the actual use pursuant to the permit approval, or, demonstrating substantial progress toward commenCIng such use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a CUP expires, a new application must be made and processed according to the requirements of the Dublin Zoning Ordinance. RESPON. AGENCY WHEN REQ'D Prior to: SOURCE PL On-going Planning PL On-going DMC 8.96.020.D 3 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 3. Continued Use. This Conditional Use PL On-going Planning Permit approval shall become null and void in the event the approved uses cease to operate for a one-year period. 4. Annual Review. On an annual basis, this PL,PO On-going Planning Conditional Use Permit approval may be subject to a review by the Planning Manager to determine compliance with the Conditions of Approval. 5. Revocation. This permit shall be revocable PL On-going DMC for cause in accordance with Dublin Zoning 8.96.020.1 Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this permit may be subject to the issuance of a citation. 6. Modifications. Modifications or changes PL On-going DMC to this Conditional Use Permit approval 8.104.100 may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. PROJECT SPECIFIC 7. Service. No service work or repairs shall be PL On-going Planning conducted outdoors. 8. Vehicle Storage. No vehicles shall be PL On-going Planning stored on the premises. Campers, trucks or recreational vehicles may not be stored outside. No vehicle shall be parked in any fire lanes or shall be parked III non designated parking stalls. 9. Property Maintenance. The Applicant and PL On-going Planning Property Owner shall maintain the building, site and all building materials, in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 10. Temporary Promotional Signage. Prior to PL Display DMC the display of any temporary SIgnS, 8.84.050.T including banners, a Temporary Promotional Sign Permit must be applied for and approved. 4 CONDITION TEXT BUILDING DIVISION 11. Building Permits. To apply for Building Permits, the Applicant/Developer shall submit five (5) sets of construction plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Applicant/Developer shall be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of Building Permits. 12. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 13. Addressing. Addresses will be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. PUBLIC WORKS 14. Clarifications and Changes to the Conditions. In the event that there needs to be clarification to these Conditions of Approval, the Directors of Community Development and Public Works have the authority to clarify the intent of these Conditions . of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this proiect. 15. Standard Public Works Conditions of Approval. Applicant/Developer shall comply with all applicable City of Dublin Public Works Standard Conditions of Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. I RESPON. [ WHEN REQ'D AGENCY Prior to: B B B PW PW 5 SOURCE ssuance of Building Building Permits Jssuance of Building Building Permits Occupancy Building "lrior to Approval of Public Works Improvement Plans Prior to Approval of Public Works Improvement Plans CONDITION TEXT 16. Hold Harmless/Indemnification. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extend such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law: provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. Conditions of Approval. A copy of the Conditions of Approval which has been annotated to indicate how each condition is satisfied shall be included with the submittals to the Public Works Department for the review of improvement plans. The notations shall clearly indicate how all Conditions of Approval will be complied with, and where they are located on the plans. Submittals will not be accepted without the annotated conditions. Improvement Agreement and Security. Pursuant to 97.16.620 of the Municipal Code, the Applicant shall obtain a Sitework Permit from the Public Works Department for the installation of required site improvements. As a condition of issuance of said permit, Improvement Security shall be posted in the form of cash, a certified or cashiers check, a letter of credit, or a permit bond executed by the applicant and a corporate surety authorized to do business in California. The amount of the security will be based on the estimated cost of the site work (excluding the building). The Applicant shall provide an estimate ofthese costs for City review with the first plan submittal. Improvement Plans. All improvement, plans submitted to the Public Works Department for review/approval shall be prepared in accordance with the approved CUP, these Conditions of Approval, and the City of Dublin Municipal Code. When 17. 18. 19. RESPON. AGENCY PW PW PL, PO, F, PW, DSRSD PW 6 WHEN REQ'D Prior to: Through completion cfImprovements and occupancy of the Buildings With each submittal of Improvement Plans Prior to Issuance of Grading/Sitework Permit Prior to issuance of Grading/Sitework Permit SOURCE Public Works Public Works Public Works Public Works CONDITION TEXT submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (8'i'2" x ll" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). 20. Sitework Permit. All improvement work must be performed per a Sitework Permit issued by the Public Works Department. Said permit will be based on the final set of civil plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Site Improvement Permit Application Instructions and attached application (three 8 'i'2" x II " pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $lO.OO at the time of permit Issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 21. Disabled Parking. All disabled parking stalls shall meet State Title 24 requirements, including providing curb ramps at each loading zone. Curb ramps cannot encroach within the loading/unloading areas. Disabled stalls shall be conveniently located and grouped near the primary entrances to each building. Van accessible stalls shall also be provided and shall meet State Title 24 requirements. 22. Vehicle Parking. Applicant shall repair any distressed areas of pavement within the existing parking field, then seal and re- stripe the entire parking field. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to Figure 76-3 and 98.76.070 (A) l7 of the Dublin Municipal Code. All compact-sized spaces shall have the word "COMP ACT" stenciled on the pavements within each space. l2"-wide concrete step- out curbs shall be constructed at each parking space where one or both sides abut a landscaped area or planter. Wheel stops as necessary shall be provided at the parking stalls. 23. Damage/Repairs. The Applicant/Developer shall be responsible for the repair of any damaged pavement, RESPON. AGENCY PW PW PW PW 7 WHEN REQ'D Prior to: SOURCE Prior to issuance of Public Works Grading/Sitework Permit Within 90 days of Public Works P ~anning Commission Approval Within 90 days of Public Works Panning Commission Approval Within 90 days of Public Works Panning Commission Approval CONDITION TEXT curb and gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project. 24. Trash Bins. All trash dumpsters, boxes and bins shall be located in an approved trash enclosure or shall be located inside the tenant spaces. Trash dumpsters or bins may only be temporarily located outside of the building for trash pickup. At no time shall the dumpsters or bins or any similar item be located in a parking space or in a fire lane. 25. Refuse Collection. The Applicant/Deyeloper shall provide designated refuse collection areas for the project, subject to approval by the appropriate solid waste collection company prior to approval of improvement plans. All refuse collection areas shall be screened from public view and shall have roofs to protect against rainwater intrusion and floor drains connected to the sanitary sewer system to collect runoff from periodic washdown. The refuse collection service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting of putrescible solid waste as well as source-separated recyclable materials generated by this proiect. 26. Required Permits. An encroachment permit from the Public Works Department may be required for any work done within the public right-of-way. Developer shall obtain all permits required by other agenCIes, including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department ofFish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 27. Fees. The Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to: Planning fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the RESPON. AGENCY PL,PW PW PW PW 8 WHEN REQ'D Prior to: SOURCE Following Planning Public Works Commission Approval Prior to issuance of Public Works Building Permit 'Various Times and Public Works Prior to issuance of Building Permit Prior to Issuance of Public Works Building Permit CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: Development Agreement. FIRE PREVENTION DIVISION 28. No cutting, welding, open flanle or draining F On-going CBC 311.1, of fuel tanks will be done in the space. CFC article 29 29. Occupancy Separations. Provide F Occupancy Fire occupancy separations from the adjacent spaces as required by the CBC Chapter 3. 30. Hazardous Materials. The storage and use F On-going Fire of hazardous materials shall comply with the California Fire Code. 31. Knox Box. Provide a Knox Box or Knox F Occupancy Fire Padlock at the entrY to the tenant space. 32. Address Numbers. Approved address F Occupancy CFC 901.4.4 numbers shall be placed on the space in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall be placed on a contrasting background. 33. Codes. The project shall comply with F On-going Fire Uniform Building and Fire Codes as adopted by the City of Dublin. POLICE DEPARTMENT 34. Security . The applicant shall comply with PO On-going Police all applicable City of Dublin Non Residential Security Ordinance requirements. 35. Address Numbers. Addressing and PO Occupancy Police building numbers shall be visible from the approaches to the building. 36. Lighting. Exterior lighting shall be PO Occupancy Police installed over all doors. 37. Parking Lot. Security lighting shall be PO On-going Police provided in parking lot areas. . l.O candle lights shall be installed at ground level in parking lot areas . lighting fixtures shall be of a vandal resistant type. 38. Landscaping. Exterior landscaping shall be PO On-going Police kept at a minimal height and fullness reducing someone's ability to conceal themselves. 39. Graffiti Abatement. The applicant shall PO On-going Police keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. 40. Theft Prevention and Security. The PO On-going Police applicant shall work with the Dublin Police on an ongoing basis to establish an effective theft prevention and security program. 41. Business Site Emergency Response Card. PO On-going Police The applicant will need to receive and complete a "Business Site Emergency Response Card" from Police. DUBLIN SAN RAMON SERVICES DISTRICT 9 CONDITION TEXT 42. Prior to the issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 43. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility cOlmection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 44. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least l5 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 45. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No. 46 ( above) have been satisfied. 46. The Applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion ofthe project RESPON. AGENCY DSRSD DSRSD DSRSD DSRSD DSRSD lO WHEN REQ'D SOURCE Prior to: Issuance of Building DSRSD Permit lssuance of Building DSRSD Permit lssuance of Building DSR Permit On-going DSRSD Issuance of Building DSRSD Permit PASSED, APPROVED AND ADO PTED this 9th day of October 2C 07 by the following vote: AYES: Schaub, Wehrenberg, Tomlinson, Biddle and King NOES: None ABSENT: None ABSTAIN: None ,- a) ~?)~ Planning Commi:;sion Chair ATTEST: G:\PA#\2007\07-048 All Glass\PC Reso.doc 11