HomeMy WebLinkAboutPC Reso 98-24 PA97-047 TCI Cable CUP/SDRRESOLUTION NO. 98-24
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 97-047, CONDITIONAL USE
PERMIT AND SITE DEVELOPMENT REVIEW
FOR A TCI CABLE CONSTRUCTION STORAGE
YARD, 6310 HOUSTON PLACE
WHEREAS, TCI of California has requested approval of a Conditional Use Permit and
Site Development Review to allow an construction materials storage yard on an existing 7,000
square foot lot, on a Planned Development (PD 1411) zoned site (APN 941-550-046); and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared accordingly; and
WHEREAS, the project has been found to be Categorically Exempt from CEQA under
Section 15301, Class 1 of the California Environmental Quality Act Guidelines. The project
consists of a use similar in nature to the previous use on the site and does not involve the
construction of any new buildings; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said
application on June 9, 1998; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
approve the Conditional Use Permit and Site Development Review applications subject to
conditions prepared by Staff; 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 RESOLVED THAT THE Dublin Planning Commission
does hereby find that:
A. The proposed use serves the public need and interest by providing a central storage
yard for TCI, a public utility provider in Dublin and surrounding communities.
The proposed use will be properly related to other land uses and transportation
facilities by being located adjacent to existing storage facilities with adequate access
provided to Dougherty Road via Houston Place.
The proposed use will not materially adversely affect the health or safety or persons
working near the vicinity since the prime operating hours of the proposed facility
will be generally the same as nearby uses. Nor will the proposed use be materially
detrimental to the public welfare or injurious to surrounding property or
improvements, as applicable City regulations and conditions will be met and the site
will be attractively screened along Houston Place frontage and side property lines.
The proposed use will be consistent with the intent clause of the M-1 Zoning
District, which encourages high standards of landscape design which comply with
all of the standards and provisions of the District.
The site is physically suitable for the type and intensity of the proposed use,
including the primary use, setbacks, landscaping and screening.
F. Impacts to views are addressed through adequate screening on all sides of the site.
G. Local utilities are adequate to accommodate the proposed use.
H. The proposed use is consistent with the Dublin General Plan.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning
Commission hereby conditionally approves PA 97-047 a Conditional Use Permit and Site
Development Review to allow an outdoor construction materials storage yard at 6310 Houston
Place. Improvements related to he application are generally depicted by materials labeled Exhibit
A, stamped "approved" and on file in the Dublin Planning Department, which includes a Site
Plan submitted by the applicant date-stamped April 20, 1998, for PA 97-047. The following
conditions are attached to this approval:
CONDITIONS OF APPROVAL
Unless otherwise stated, all Conditions of Approval shall be complied with prior to final
occupancy of any building and shall be subject to Planning Department review and approval. The
following codes represent those departments/agencies responsible for monitoring compliance
with the Conditions of Approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works,
[ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F]
Fire, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Flood Control and
Water Conservation District Zone 7.
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PA 97-047, an outdoor construction materials storage yard for TCI Cable of California, is
approved for a Conditional Use Permit and Site Development Review, as set forth on
Exhibit "A." (PL)
The Conditional Use Permit and Site Development Review is revocable for cause, upon the
determination that the conditions of approval are not met, or if the above-stated findings of
approval cannot be met. Failure to comply with the conditions of approval or to make
substantial progress on required improvements within one (1) year from the effective date
of approval shall cause the Conditional Use Permit and Site Development Review to be
null and void. (PL)
o
All necessary permits shall be obtained from the Dublin Building Department, Dublin
Public Works Department and Alameda County Fire Department. (PL)
Prior to the issuance of building permits, all applicable fees shall be paid to the City of
Dublin and any other applicable agency. (PL)
o
All transformers, irrigation control boxes, backflow devices, valves and similar
appurtenances shall be enclosed in vaults, fencing and/or painted out or landscaped, as
determined acceptable by the Community Development Director. The location of these
devices shall be indicated on the final landscape plan. (PL)
The Developer shall comply with all applicable Fire Department, Public Works
Department, Police Service, Alameda County Flood Control District 7 and Dublin San
Ramon Services District requirements. Prior to the issuance of building permits or the
installation of any improvements related to this project, the Developer shall supply written
statements from each agency or department to the Planning Department, indicating that all
applicable conditions required have or will be met. (PL)
The Developer shall defend, indemnify and hold harmless the City of Dublin and its agent,
officers and employees from any claim, action, or proceeding to attack, set aside, void,
annul, an approval of the City of Dublin or its advisory agency, appeal board, Planning
Commission, City Council, Community Development Director, Zoning Administrator, any
other department, committee or agency of the City concerning the proposed development,
provided, however, that the Developer's duty to defend, indemnify, hold harmless shall be
subject to the City's notifying the permittee of any claim, action or proceeding and the
City's full action and proceeding. (PL)
o
This permit and approval shall be revocable for cause in accordance with applicable
sections of the Dublin Zoning Ordinance. Any violation of the term or condition of the
Conditional Use Permit and Site Development Review may be subject to the issuance of a
citation. (PL)
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10.
11.
12.
13.
14.
15.
16.
17.
18.
A final landscape shall be approved by the City's Landscape Architect, including planting
and irrigation components. Landscape improvements shall include an automatic sprinkler
control device. The Developer shall pay a deposit to the City of Dublin to have the final
landscape plan checked. (PL)
The Developer shall replace the existing curb and gutter with a vertical curb and gutter with
an appropriate driveway section. In addition, the Developer shall construct a sidewalk
adjacent to the required vertical curb and gutter. All improvements outlined shall be
outlined shall be constructed along the frontage on Houston Place in a public right-of-way.
Plans for improvements shall be prepared by a Civil Engineer to current City standards and
submitted of the Dublin Public Works Department for review and comment. (PW)
The Developer shall, at a minimum, recondition the existing asphalt pavement by applying
a slurry seal to the existing pavement. (PW)
The Developer shall replace all damaged or failed asphalt pavement where determined by
the Director of Public Works. (PW)
The Developer shall obtain all necessary permits, pay all necessary permits and post bonds
as required. (PW)
The storage yard shall be inspected by the Alameda County Fire Department prior to final
building inspection of the facility. (PW)
The access gate shall be fitted with a KNOX box device. (PW)
A site address shall be installed along the front wall/fence per Alameda County Fire
Department standards. (F)
The Developer shall comply with Police Department security requirements for
commercial/industrial project, including
a) Installing a security padlock with a key retaining feature on the access gate.
b) Providing security lighting along the perimeter of the storage yard to the satisfaction
of the Dublin Police Department.
c) Completing an emergency notification form and submitting same to the Police
Department.
d) Posting the driveway for "no parking."(P)
The Developer shall work with Zone 7 staff to destroy unused water wells on the site.
(Zone 7)
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19.
20.
21.
22.
23.
Prior to the issuance of any building permits, complete improvement plans shall be to
DSRSD that conform to the requirements of the DSRSD Code, the DSRSD "Standard
Procedures and Specifications and Drawings for the Design and Installation of Water and
Wastewater Facilities, "all applicable DSRSD Master Plans and all DSRSD policies.
(DSRSD)
Prior to the insurance by the City of any building permit, all utility connection fees, plan
check fees, inspection fees, permit 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. (DSRSD)
Prior to the issuance by the City of building permits, 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 the approval of the
sanitary sewer or water facilities shown. Prior to approval of the District Engineer, the
applicant shall pay required DSRSD fees and provide an engineer's estimate of construction
for sewer and water facilities, a performance bond, a one-year maintenance bond and a
comprehensive general liability policy in the amounts and forms that are acceptable to
DSRSD. The applicant shall allow at least 15 working days for final improvement drawing
review by DSRSD prior to signature by the District Engineer. (DSRSD)
No sewer or water line construction shall be permitted unless proper utility construction
permits have been issued by DSRSD. A construction permit will only be issued after all of
the items in Condition 20 have been satisfied. (DSRSD)
The applicant shall hold DSRSD, its Board of Directors, commissions, employees, and
agents of the DSRSD harmless and indemnify and defend same from any litigation, claims
or fines resulting from the construction and completion of the project. (DSRSD)
PASSED, APPROVED and ADOPTED this 9th day of June, 1998.
AYES:
NOES:
ABSENT:
Cm. Jennings, Johnson, Hughes, and Oravetz
Cm. Musser
Planning Commis~/j6n Chairpe~on
Community Development Director