HomeMy WebLinkAboutPC Reso 08-27 Appv CUP Auto Facility Outdr Display PA08-016RESOLUTION NO. 08-27
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO OPERATE A 3,5001 SQUARE FOOT
AUTOMOBILE/VEHICLE SALES FACILITY WITH OUTDOOR DISPLAY OF 2 VEHICLES
LOCATED AT 6310-A HOUSTON PLACE (APN 941-0550-067)
PA 08-016
WHEREAS, the Applicant, Roger Shanks, has requested approval of a Conditional Use Permit
to operate an Automobile/Vehicle Sales Facility with outdoor display of 2 vehicles at 6310-A Houston
Place; and
WHEREAS, the proposal includes a 3,500± square foot tenant space, with 500 square feet
devoted to office use and 3,000 square feet devoted to indoor vehicle display, within a portion of Suite
A of the Grayson Industrial Building; and
WHEREAS, outdoor vehicle display shall be limited to 2 spaces and shall be depicted as
shown in the project plans stamped approved received by the Planning Department on August 19,
2008; and
WHEREAS, B&B Motorsports is required to provide five (5) parking spaces along with 2
additional parking spaces for outdoor display, and will occupy a total of seven (7) parking spaces for
the use (2 parking spaces required for the office use, 3 spaces require(. for the indoor display area, and 2
spaces needed for the outdoor display); and
WHEREAS, the proposed location for the Automobile/Vel_icle Sales Facility is zoned Z.U.
Planned Development (PD) with underlying C-2 (General Commercial) and M-1 (Light Industrial) and
the General Plan Land Use designation for the proposed location is Business Park/Industrial and
Outdoor Storage; and
WHEREAS, an Automobile Wholesale and Retail Sales Facility, classified under
Automobile/Vehicle Sales and Service Use type per the Dublin Zor ing Ordinance, is a conditionally
permitted use for the site; and
WHEREAS, a complete application for the above noted entit'ement request is available and on
file in the Community Development Department; and
WHEREAS, the Project Site consists of an industrial building comprised of automobile/
vehicle repairs and service uses; and
WHEREAS, the Project has been found to be categorically exempt from the California
Environmental Quality Act (CEQA), under the section 15301.a of the CEQA Guidelines because the
Project consists of leasing an existing; facility involving no expansion of an existing structure; and
WHEREAS, the Planning Commission did hold a public hearing on said project application on
October 14, 2008; and
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WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consid,-r all said reports, recommendations
and testimony hereinabove set forth and used independent judgment to make the decision.
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
Conditional Use Permit:
A. The proposed Automobile/Vehicle Sales Facility use is compatible with surrounding business
parklindustrial and outdoor storage/retail/office and automotive land uses, transportation and
service facilities in the vicinity because: 1) the proposed use is located in an area with surrounding
uses comprising of automobile/vehicle repair and service, retail/office and storage and other
similar commercial and industrial uses; 2) Chapter 8.08 Definitions includes establishments that
provide automobile/vehicle sales under the "AutomobileNehicle Sales and Service" definition;
and 3) Section 8.12.050 states that an AutomobileNehicle S Iles and Service Use is permitted on
the site with a Conditional Use Permit.
B. The proposed use, as conditioned, will not adversely affect th,3 health or safety of persons residing
or working in the vicinity nor will it be detrimental to the public health, safety and welfare
because: 1) conditions of approval have been placed on the project to ensure that the site
development will be compatible with surrounding properties ?md will not result in undue noise, air
or water pollution, heat, odor, or dust.
C. The proposed use, under all circumstances and conditions oj-this permit, will not be injurious to
property or improvements in the neighborhood because: 1) the proposed use will occupy an
available tenant space within a developed site and does not involve any physical alterations to the
site; and 2) the proposed AutomobileNehicle Sales Facility will comply with all City of Dublin
regulations.
D. There are adequate provisions for public access, water, sanitt!tion and public utilities and services
to ensure that the proposed use will not be detrimental to t,ze public health, safety and welfare
because: 1) the site is completely improved and serviced by all appropriate utilities and
infrastructure; and 2) the area. was designed to accommodate a variety of uses and the proposed use
fits in with the intended uses of the area.
E. The subject site is physically suitable for the type and intensity of the use being proposed because:
1) the AutomobileNehicle Sales Facility will operate within an existing tenant space in an existing
industrial building; 2) the existing roadway network leading to the site and the availability of
existing on and off-street parking is adequate to serve th.- proposed use; and 3) the use is
compatible with the other use; in the building which include automobile/vehicle repair and service
uses.
F. The proposed use will not be contrary to the specific intent clauses, development regulations, and
performance standards established for the Z. U. PD Zoning District because: 1) the
AutomobileNehicle Sales use is allowed by a CUP and the CUP is consistent with the PD Zoning
District.
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G. The approval of this Conditional Use Permit is consistent with the General Plan because 1) the
proposed use is permitted with a Conditional Use Permit and meets the intentions of the Zoning
District and General Plan Land Use Designation in which it is located.
BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally
approve PA 08-016 a Conditional Use Permit, to operate a 3,500± square foot AutomobileNehicle Sales
facility with outdoor display of 2 vehicles within an existing 11,831± square foot building at 6310-A
Houston Place, as generally depicted in the Staff Report dated Octoter 14, 2008 and by the project plans,
dated received August 19, 2008 stamped approved and on file with the Dublin Planning Department,
subject to compliance with the conditions listed below:
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 Planning Department review and
gpproval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: [PL] Planning, [B] Building, fPOI Police, [PW] Public Works
[ADM] Administration/City Attorney, WIN] Finance, [F] Alameda County Fire Department, 1DSRSD1
Dublin San Ramon Services District. fCOJ Alameda County Depart ment of Environmental Health.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
PLANNING-STANDARD CONDITIONS
1. Approval. This Conditional Use Permit approval for PA PL On-going Standard
08-016 is to allow the operation of a 3,500 square foot used
automobile sales facility within an existing 11,831± square
foot building at 6310-A Houston Place in the PD, Planned
Development (1411 Z.U.) Zoning District. Outdoor vehicle
display shall be limited to 2 parking spaces. This approval
shall generally conform to the project plans and statements
stamped approved received by the Planning Department on
August 19, 2008.
2. Permit Expiration and Time Extension. Approval of this PL One year DMC
Conditional Use Permit shall be valid for one year from the date of 8.96.020.
effective date. This approval shall be null and void in the approval D and E
event the approved use fails to be established within one
year, or ceases to operate for a continuous one-year period.
The original approving decision-maker may grant a time
extension for a period no longer than six (6) months given
that the Applicant submits a written request for an
extension of approval prior to expiration and that any
Conditions of Approval remain adequate to assure that
applicable findings of approval will continue to be met.
Disputes over permit expiration and time extension requests
may be publicly noticed and heard before the Planning
Commission.
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
3. Revocation. The Conditional Use Permit will be revocable PL On-going Standard
for cause in accordance with Section 8.96.020.1 of the
Dublin Zoning Ordinance. Any violation of the terms or
conditions of this approval shall be subject to citation and
possible revocation.
4. Compliance. The Applicant/Property Owner shall develop PL On-going Standard
this project and operate all uses in compliance with the
Conditions of Approval of this Conditional Use Permit and
the regulations established in the Zoning Ordinance. Any
violation of the terms or conditions specified may be
subject to enforcement action.
5. Minor Amendments. Modifications or changes to this PL On-Going CUP
Conditional Use Permit approval may be considered and
approved by the Community Development Director, if the
modifications or changes proposed comply with Section
8.100.080, of the Zoning Ordinance.
6. Outdoor Events. Any outside events shall be subject to PL On-going Standard
the Temporary Use Permit requirements contained in the
City of Dublin Zoning Ordinance.
7. Signs. A Master Sign Program is required prior to PL Issuance of Standard
installation of any permanent signs. Building
Permits
8. Fees. The Applicant shall pay all applicable fees in effect PL Issuance of Standard
at the time of building permit issuance, including, but not Building
limited to, Planning Fees, Building Fees, Dublin San Permits
Ramon Service District fees, Public Facilities fees, Tri
Valley Transportation fees, Downtown Traffic Impact Fee,
Dublin Unified School District impact fees, City of Dublin
Fire Bureau fees, Noise Mitigation fees, Inclusionary
Housing in lieu fees, Alameda County Flood and Water
Conservation District (Zone 7) Drainage and Water
connection fees. When and if applicable and customary,
credits shall be applied for existing improvements.
9. Property Maintenance. The property shall be maintained PL On-going Standard
in accordance with Section 5.64, Property Maintenance of
the Dublin Municipal Code. The Applicant and/or property
owner shall keep the property maintained in a safe, clean
and litter-free condition at all times.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
10. A-Frame Signs. The use of any A-Frame, portable, PL On-going DMC
sandwich-board, pennants or human held signs on the 8.84.150
premises is strictly prohibited. Said signs and any form of
off-site advertising signs shall be prohibited upon any
public property, including City streets and sidewalks.
11. Temporary Promotional Banners and Balloons. PL On-going DMC
Temporary Promotional Banner Signs and Balloons shall 8.84.050
only be permitted after first securing an approved
Temporary Promotional Sign Permit.
PLANNING-PROJECT SPECIFIC CONDITIONS
12. Signed Agreement Regarding Future Use Types. Prior PL Prior to CUP
to occupancy, the Applicant shall provide the City with a Occupancy
letter, signed by the property owner, acknowledging that, so
long as B&B Motorsports continues.to be a tenant of 6310-
A Houston Place, any tenant of the second space at 6310-A
Houston Place shall be limited to one of the permitted uses
that, pursuant to Section 8.76.080.D of the Dublin Zoning
Ordinance, require six (6) parking spaces or less. These
permitted uses are: Storage Lot, Printing and Publishing,
Warehousing and Distribution, Sales and Service,
Brokerage, Mini-Storage, Retail-Furniture/large
appliances/flooring.
13. DMV License. Prior to occupancy, the Applicant shall PL Prior to CUP
provide the City of Dublin with a copy of a DMV license. Occupancy
14. Hours of Operation. The approved hours of operation PL On-going CUP
shall be limited to: Monday through Saturday 9 a.m.-6 p.m.
Any other events and activities proposed by B&B
Motorsports shall first be subject to review by the
Community Development Director.
15. No Vehicle Repair or Service. There shall be no vehicle PL On-going CUP
repair or service done on-site.
16. No On-Site Washing of Vehicles. There shall be no PL On-going CUP
washing of vehicles on-site.
17. Indoor/Outdoor Vehicle Display. Indoor vehicle display PL On-going CUP
shall be limited to 3,000 square feet. Outdoor vehicle
display shall be limited to 2 parking spaces. Outdoor
display spaces shall be depicted as shown in the project
plans stamped approved received by the Planning
Department on August 19, 2008, labeled Attachment 3 to
this Staff Report.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
18. Delivery of Vehicles. Delivery of vehicles shall occur PL On-going CUP
during regular business hours and shall be delivered by
individual drivers.
19. Parking. Applicant is to provide a total of 7 on-site parking PL On-going CUP
spaces for the proposed used automobile sales facility at the
project location. In addition, 2 spaces provided for outdoor
vehicle display. Therefore, the Applicant will occupy a
total of 7 parking spaces at the project location.
20. Noise/Nuisance. The Applicant shall control all activities PL On-going CUP
on the site so as not to create a nuisance to the surrounding
businesses and residents. No loudspeakers or amplified
music shall be permitted to project or be placed outside the
building.
BUIL DING-STANDARD CONDITIONS
21. Building Permits. To apply for building permits, the B Issuance of Standard
Applicant shall submit five (5) sets of construction plans to Building
the Building Division for plan check. Applicant/Developer Permits
will be responsible for obtaining the approvals of all
participating non-City agencies prior to the issuance of
building permits.
22. Building Codes and Ordinances. All project construction B Through Standard
shall conform to all building codes and ordinances in effect Completion
at the time of building permit.
23. Construction Drawings. Construction plans shall be fully B Issuance of Standard
dimensioned (including building elevations) accurately Building
drawn (depicting existing and proposed conditions on site). Permits
24. Addressing. Address and function (e.g. Entrance, Exit B Prior to Standard
Only, Employees Only) will be required on all doors Occupancy
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.
25. Air Conditioning Units. Air conditioning units and B Occupancy Standard
ventilation ducts shall be screened from the public view
with materials compatible to the main building. Units shall
be permanently installed on concrete pads or other non-
movable materials to approved by the Building Official and
Director of Community Development.
FIRE-STANDARD CONDITIONS
26. Exit Signs. Exit signs shall be visible and illuminated with F On-going Standard
emergency lighting when the building is occupied.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
27. Exit Doors. When applying for building permits, all exit F Issuance of Standard
doors shall be clearly identified on the floor plan. Building
Permits
28. Occupancy Classifications. When applying for building F Issuance of Standard
permits, clearly identify locations and occupancy Building
classifications of the other occupants in the building. Permits
29. Occupancy Separations. When applying for building F Issuance of Standard
permits, show locations of any occupancy separations Building
required by the 2008 California Building Code. Permits
30. Key box. A Fire Department key box is required and shall F On-going Standard
be installed at the main entrance of the building. Please
note these locations on the construction plans. The key box
should be installed a minimum of 5 %2 feet above grade.
The box shall be sized to hold the master key to the facility
as well as keys for rooms not accessible by the master key.
Specialty keys, such as the fire alarm control box key and
elevator control keys shall also be installed in the box (CFC
506). The key box door and necessary keys are to be
provided to the fire inspector upon the final inspection.
31. Deferred Submittals. When applying for Building Permits, F Issuance of 2007 CFC
provide on the Title or Cover Sheet under the heading Building 901.2
Deferred Submittals all of the deferred submittal items: Permits
-Fire sprinkler modifications
-Fire monitoring system install or modifications
32. Addressing. Approved numbers or addresses shall be F On-going CFC
placed on the tenant space in such a position as to be plainly 914.4.4.
visible and legible from the street or road fronting the
property. Address numbers shall be placed on a contrasting
background.
33. General Inspection. Upon inspection of the work for F Final CFC
which this submittal was provided, a general inspection of 301.1
the business and site will be conducted.
34. Building and Fire Codes. The project shall comply with F Final Standard
Uniform Building and Fire Codes as adopted by the City of
Dublin.
35. Interior Finish. When applying for building permits, wall F Issuance of CFC 803
and ceiling interior finish material shall meet the Building
requirements of Chapter 8 of the California Fire Code. Permits
Interior finishes will be field verified upon final inspection.
If the product is not field marked and the marking visible for
inspection, maintain the products cut-sheets and packaging
that show proof of the products flammability and flame-
spread ratings. Decorative materials shall be fire retardant.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
36. Monitoring Requirements for Existing Fire Sprinkler F On-going 2002
Systems NFPA 13
a) Central Station Monitored Account. Automatic fire section
extinguishing systems within buildings shall have 6.9.1 &
all control valves and flow devices electrically 2007 CFC
supervised and maintained by an approved central 903.4.1
alarm station. Zoning; and annunciation of central
station alarm signals shall be submitted to the Fire
Department for approval. The central station
monitoring service shall be either certificated or
placarded as defined in N.F.P.A. Standard No. 72.
Assure the specific account is UL Certificated or
Placarded and not just: the monitoring station.
b) Monitoring System Plans (Deferred Submittal Item).
If it is necessary to install a fire alarm monitoring
system or modify art existing system in order to
obtain a Certificated or Placarded account, plans and
specifications shall be submitted to the fire
department for review and approval of the
installation or modifications.
c) Fire sprinkler system shall have an audible alarm in
each suite served b the firesprinkler system.
37. Fire Sprinklers. Existing fire sprinkler systems shall be F On-going Standard
modified as necessary to provide protection of all tenant
improvements. Submit detailed mechanical drawings of all
sprinkler modifications, including cut sheets, listing sheets
and calculations prepared by a state licensed C-16
contractor to the Fire Department for approval and permit
prior to commencement of work. All sprinkler system
components shall remain in compliance with the applicable
NFPA 13 Standard, the California Fire Code and the
California Building Code. The fire sprinkler shall have an
audible alarm in each suite served by the fire sprinkler
system.
If the existing fire sprinkler system does not have a current
5-year certification, such will need to be obtained and all
deficiencies must be corrected prior to project final. If the
existing fire sprinkler system has a current 5-year
certification, copies of the last 4 quarterly reports will need
to be provided to the Fire inspector prior to final review.
FIRE-PROJECT SPECIFIC CONDITIONS
38. Vehicles Stored Indoors. Vehicles stored indoors shall F On-going CUP
have the battery disconnected, with a maximum fuel tank of 2007 CFC
5 gallons. There shall be no fueling inside the building and 314.4
no repairs shall be done inside the building.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
39. Fire Extinguishers. Fire extinguishers shall be visible and F Occupancy/ CUP
unobstructed. Signage shall be provided to indicate fire On-going
extinguisher locations. The final number and location of
extinguishers shall be as indicated by the fire inspector (CFC
906). Fire Extinguishers shall meet a minimum classification
of 2A IOBC. Extinguishers weighing 40 pounds or less shall
be mounted no higher than 5 feet above the floor measured to
the top of the extinguisher. Extinguishers shall be inspected
monthly and serviced by a licensed professional annually.
PUBLIC WORKS-STANDARD CONDITIONS
40. Encroachment Permit. The Applicant shall obtain an PW On-going PW
Encroachment Permit from the Public Works Department
for any work within the public street rights-of-way.
41. Damage/Repairs. The Applicant/Developer shall be PW Occupancy PW
responsible for the repair of any damaged pavement, curb
and gutter, sidewalk or other public street facility resulting
from construction activities associated with the
1 development of the project.
POLICE-STANDARD CONDITIONS
42. Security Ordinance. The Applicant shall comply with all PO On-going CUP
applicable City of Dublin Non Residential Security
Ordinance requirements related to addressing, lighting,
landscaping, skylights, doors, etc.
43. Graffiti. The Applicant shall keep the site clear of graffiti PO On-going CUP
vandalism on a regular and continuous basis at all times.
BE IT FURTHER RESOLVED THAT THE Dublin Manning Commission does hereby
approve PA 08-016, a Conditional Use Permit to operate a 3,500± square foot Automobile/Vehicle Sales
facility with outdoor display of 2 vehicles within an existing 11,8:31± square foot building at 6310-A
Houston Place, as generally depicted by the Site Plan and written statement dated received August 19,
2008, stamped approved and on file with the Dublin Planning Department.
PASSED, APPROVED AND ADOPTED this 14`h day of October 2008 by the following vote:
AYES: Schaub, Tomlinson, Wehrenberg, Biddle and King
NOES:
ABSENT:
ABSTAIN:
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Planning Commission Chair
ATTEST:
Pla ing an g
G:\PA#\2008\PA 08-016 B&B Motorsports CUPTC Reso 10.14.08.doc
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