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HomeMy WebLinkAboutPC Reso 08-37 CUP/SDR 6958 Sierra Ct PA08-020RESOLUTION NO. 08 - 37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW PERMIT TO ALLOW A COVERED OUTDOOR STORAGE AREA IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT AT 6958 SIERRA COURT (APN 941-2756-006) PA 08-020 WHEREAS, Tom Vargas, the Applicant, has requested approval of a Conditional Use Permit and Site Development Review to allow an exterior modification to the project site, which consists of the addition of a covered outdoor storage area in the Light Industrial (M-1) Zoning District at 6958 Sierra Court; and WHEREAS, the approximately 1.3 acre parcel is currently occupied by a 23,994 square foot industrial building; and WHEREAS, the proposal includes a 4,456 square foot covered outdoor storage area to the project site; and WHEREAS, the General Plan land use designation for the proiect site is Business Park/Industrial and the zoning is Light Industrial; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans dated r(,ceived October 28, 2008; and WHEREAS, the California Environmental Quality Act (CECA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the proposed project, as conditioned, is consistent with the Dublin General Plan and the Zoning District in which it is located, and represents an appropriate project for the site; and WHEREAS, this project is categorically exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities); and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS the Planning Commission held a properly notices public hearing on said application on November 12, 2008; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used their independent judgment to make a decision. Page 1 of 8 NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby make the following findings and determinations: Conditional Use Permit: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity because: 1) the proposed location of the outdoor storage area is located in the Sierra Court Business Park area which has a wide variety of industrial uses; 2) Section 8.12.050 states that an Equipment and Materials Storage Yard is permitted in the M-1 (Light Industrial) Zoning District with a Conditional Use Permit; and 3) the proposed outdoor storage area is in association with an existing; building and is compatible with the existing and allowed uses of the project site. B. The proposed use, as conditioned, 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 and will not be injurious to property or improvements in the neighborhood because: 1) the proposed use will be adequately conditioned to ensure that the operation has no recognizable negative impacts to the existing uses in the Light Industrial Business Park; and 2) the proposed outdoor storage area will comply with all of the City of Dublin regulations. C. The proposed use, under all circumstances and conditions of this permit, will not be injurious to property or improvements in the neighborhood because: 1) the proposed outdoor storage area will be used to store inventory; and 2) the storage area will comply win all City of Dublin regulations. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare because: 1) the proposed use will be operated adjacent to an existing building that is serviced by all appropriate utilities and infrastructure; 2) thc area was designed to accommodate a variety of uses and the proposed use fits in with the intended uses of the area; and 3) the proposed storage area will not be serviced by water or sanitation. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the existing roadway network leading to the site and the availability of existing on-site parking is adequate to serve 1 he proposed use; and 2) the covered outdoor storage area will be located in an existing Light Industrial Business Park which was designed to support a variety of uses. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the Light Industrial (M-1) zoning district because: 1) conditions of approval have been applied to the project to ensure on-going compatibility with surrounding uses; 2) the proposed use (outdoor storage) is 3 Conditional Use in the M-1 (Light Industrial) Zoning District and is permitted when the required Findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 3) the proposed outdoor storage area is compatible with the existing uses found in the Sierra Court Light Industrial Business Park and therefore meets the requirements of the Dublin Zoning Ordinance; 4) the proposed use is consistent with the intent of the M-1 (Light Industrial) Zoning District as defined by Chapter 8.28 because the proposed outdoor storage area is small in size, meets the needs of the pro :)erty owner, is compatible with the Page 2 of 8 surrounding land use; and 5) a total of 29 on-site parking spaces are required for this use, which includes an overall 10% reduction for the site as allowed by Section 8.76.050.D of the Zoning Ordinance. G. The approval of this Conditional Use Permit is consistent with the Dublin General Plan because: 1) the proposed use is permitted with a Conditional Use Permit and meets the intentions of the Zoning District in which it is located; and 2) the proposed project --Aill result in improvements to the site which will provide a service to the property owner that is consistent with the intent of the Business Park/Industrial General Plan Land Use designation. BE IT FURTHER RESOLVED THAT the Planning Commission does hereby make the following findings and determination: Site Development Review: A. The Project, as conditioned, is consistent with the purpose and intent of Chapter 8.104, with the General Plan and any applicable Specific Plans and design guidelines because: 1) the proposed modification to the site is to willow the addition of a 4,456 square foot covered outdoor storage area adjacent to an existing industrial building; 2) the outdoor storage area is compatible with the existing building and use of the site; and 3) the covered outdoor storage area will be used to store inventory. B. The Project, as conditioned, is consistent with the provisions of the Zoning Ordinance because: 1) the proposed project will comply with all City Regulations, including setback requirements and height restrictions. C. The design of the project, as conditioned, is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed because: 1) prior to the construction of the storage area, Building Permits will be required to ensure that the addition is constructed safely and in accordance with this approval; 2) the proposed project will comply with all City Regulations; 3) the proposed project will be compatible with similar projects in the vicinity; 4) the steel posts and roof of the carport will be painted to match the existing building on site; and 5) the noise generated from the construction will be minimal and will not create a nuisance. D. The subject site is physically suitable for the type and intensity of the approved development because: 1) the subject property is zoned M-1 (Light Industrial) and the proposed project includes the addition of a 4,456 square foot covered outdoor storage area adjacent to the existing building on site that is consistent with the development regulations for the M-1 Zoning District; and 2) the proposed covered outdoor storage area will be compatible with the existing uses in the neighborhood. E. Impacts to existing slopes and topographic features are addressed because: 1) the property site is relatively flat; and 2) grading will not be required for the proposed exterior modification, which consists of the addition of a covered outdoor storage area to the site. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity because: 1) the proposed outdoor storage area will complement the existing building on site, thereby enhancing the overall site; and 2) Page 3 of 8 the colors and materials used for the covered outdoor storage area are consistent with the existing building on site. G. Landscape considerations, including the location, type, size, color, texture, and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the pub,'ic because: 1) the project consists of an existing light industrial property that is landscaped. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: 1) no changes are being proposed to the site's circulation pattern. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve PA 08-020 the All American Label Conditional Use Permit and Site Development Review Permit to operate an outdoor storage area at 6958 Siena Court, APN 941-2756-006. The project approval shall be subject to compliance with the following Conditions of Approval for a Conditional Use Permit and Site Development Review Permit: CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: SOURCE GE NERAL - Site Development Review and Conditional Use Permit 1. Approval. This Conditional Use Permit and Site PL On-going Standard Development Review approval is for the approval of a covered outdoor storage area located at 6958 Sierra Court. This approval shall be as generally depicted and indicated on the plans prepared by K&S Construction dated received October 28, 2008, on file in the Community Development Department, and as specified b the following conditions of approval for this project. 2 Permit Expiration. Construction or use shall commence PL One year of 8.96.020.D . within one (1) year of Permit approval or the Permit shall approval lapse and become null and void. Commencement of date construction or use means the actual construction or use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such construction or 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 Permit expires, a new application must be made and processed according to the re uirements of this Ordinance. Page 4 of 8 CONDITIONS OF APPROVAL: CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 3. Time Extension. The original approving decision-maker PL One year of 8.96.020.E may, upon the Applicant's written request for an approval extension of approval prior to expiration, and upon the date determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval fora period not to exceed six 6 months. 4. Permit Validity. This Conditional Use Permit and Site PL On-going 8.96.020.F Development Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the project's conditions of approval. 5. Revocation of permit. The Site Development Review PL On-going 8.96.020.1 and Conditional Use Permit approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 6. Clean-up. The Applicant/Developer shall be responsible PL On-going Standard for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 7. Modifications. Modifications or changes to this Site PL On-going 8.104.100 Development Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 8. Controlling Activities. The Applicant/Developer shall PL On-going Standard control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 9. Accessory/Temporary Structures. The use of any PL On-going 8.108.020 accessory or temporary structures, such as storage sheds or trailer/ container units used for storage or for any other purposes, shall be subject to review and approval by the Community Development Director. 10. Fees. Applicant/Developer shall pay all applicable fees in Various Issuance of Standard effect at the time of building permit issuance, including, building but not limited to, Planning fees, Building fees, TVTC permit fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, City of Dublin Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 11. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable Dublin building Fire, Dublin Public Works Department, Dublin Building permit Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements Page 5 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 12. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and completion ordinances in effect at the time of building permit. 13. Fire Codes and Ordinances. All project construction F On-going Fire shall conform to all fire codes and ordinances in effect at the time of building permits. Site and Building plans shall be provided for review and approval by the Fire Department. PROJECT SPECIFIC - SITE DEVELOPMENT REVIEW 14. Covered Storage Area. The covered outdoor storage PL Final Planning area shall consist of a 4,456 square foot steel carport inspection structure. The steel column poles shall be painted tan to match the existing building. The roof shall consist of galvalume steel painted surf sand to match the roof color of the existing building. 15. Parking Lot. The parking area shall be re-striped to PL/PW Final Planning/Public achieve a total of 29 parking spaces. The parking inspection Works dimensions shall meet the dimensional requirements specified in Chapter 8.76 of the Dublin Zoning Ordinance. 16. Landscaping. Any landscaping disturbed or damaged PL Final Planning during construction shall be replaced in kind, to the inspection satisfaction of the Director of Community Development. 17. Construction Fencing. The use of any temporary PW, PO, Installation Public Works/ construction fencing shall be subject to the review and F, B Police/Fire/ approval of the Public Works Director, Dublin Police Building Services, the Dublin Fire Marshall, and the Building Official. BUILDING DIVISION 18. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and completion ordinances in effect at the time of building permit. 19. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit eight (8) sets of building construction plans to the Building Division for plan permits 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. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building ermitS. 20. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) building accurately drawn (depicting all existing and prop osed permits Page 6 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 21 Addressing. Address will be required on all doors B Prior to Building . leading to the exterior of the building. Addresses shall be issuance of illuminated and be illuminated and be able to be seen building from the street, 5 inches in hei ht minimum. ermits 22. Engineer Observation. The Engineer of record shall be B Prior to Building retained to provide observation services for all frame components of the lateral and vertical design of the inspection building, including nailing, holddowns, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 23. Temporary Fencing. Temporary Construction fencing B Through Building shall be installed along perimeter of all work under completion construction. 24 Green Building Guidelines. To the extent practical, the B Through Building . Applicant shall incorporate Green Building Measures. Completion Green Building plan shall be submitted to the Building Official for review. 25. Electronic File. The Applicant/Developer shall submit all B Prior to Building building drawings and specifications for this project in an Final electronic format to the satisfaction of the Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated as an "As Built" electronic file and submitted prior to the issuance of the final occupancy. FIR E PREVENTION DIVISION 26. Building and Fire Codes. The project shall comply with F Through Fire the applicable Building and Fire Codes. Site and Building Completion plans shall be provided for review and approval by the Fire Department. 27. Project Access. Access for this project must comply with F Prior to Fire Section 503 of the 2007 California Fire Code. issuance of Building Permit DU BLIN POLICE SERVICES 28. Non Residential Security Requirements. The Applicant PO On-going Police shall comply with all applicable City of Dublin Non Residential Security Ordinance Requirements. 29. Graffiti. The Developer and/or Property Owner shall keep PO On-going Police the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistance materials and foliage should be used. PUB LIC WORKS DEPARTMENT 30. Accessible Parking. The Applicant shall provide at least Prior to Public Works one disabled accessible stall that is wide enough to Final accommodate a "Van Accessible" stall and the pavement Page 7 of 8 CONDITION TEXT RESI'ON. AGENCY WHEN REQ'D Prior to: SOURCE slopes do not exceed 2% in any direction. All required disabled stalls shall meet the current Title 24/ADA 31 standards. Handrails. The Applicant shall provide a handrail along PW Prior to Public Works . the existing path of travel from the accessible parking Final space to the primary entrance of the building. 32 Storm Drain Filter. The Applicant shall install a "Triton" PW Prior to Public Works . Storm drain filter in the catch basin. Final PASSED, APPROVED AND ADOPTED this 12"' day of November :'.008. AYES: Schaub, Tomlinson, Wehrenberg, Biddle, King NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTE T: Planning anager G: IPAM20081PA 08-020 All Americal Label SDRIResolution.doc Page 8 of 8