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HomeMy WebLinkAbout8.3 Attch 2 PC Reso Approving Request for CUPRESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOBILEIVEHICLE SALES AND SERVICE FACILITY (NISSAN DEALERSHIP) AT 6363 SCARLETT COURT AND A PARKING REDUCTION FOR OFF-SITE PARKING LOCATED AT 6382 SCARLETT COURT IN THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT PA 09-040 WHEREAS, the Applicant, has requested approval of a Conditional Use Permit to operate a vehicle sales and service facility, in the M-1 (Light Industrial) Zoning District at 6363 Scarlett Court and for a parking reduction for 24 off-site parking spaces located at 6382 Scarlett Court; and WHEREAS, the proposal includes a 26,375 square foot facility which includes offices, a showroom and a service facility as well as outdoor display areas and parking areas used for vehicles for sale; and WHEREAS, the proposal includes a request for a parking reduction for off-site parking for 24 parking stalls on the adjacent property; 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 received February 8, 2010; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff has recommended that the Project be found Categorically Exempt from CEQA pursuant to Section 15332 in that the Project is an in-fill project on a property which is currently developed, is less than 5 acres in size and is consistent with the proposed General Plan and Zoning Ordinance, is on a site that has no value as habitat for endangered, rare or threatened species, will not result in any significant effects relating to traffic, noise, air quality or water quality, and can be adequately served by all required utilities and public services; and WHEREAS, the Planning Commission is the reviewing body for a Conditional Use Permit request to operate an AutomobileNehicles Sales and Service facility in the M-1, Light Industrial, Zoning District and for a parking reduction for off-site parking; and WHEREAS, a Staff Report was submitted outlining the request and recommending approval of the Conditional Use Permit; and WHEREAS the Planning Commission held a properly noticed public hearing on said Attachment 2 application on March 9, 2010; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used 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 City of Dublin Planning Commission does hereby make the following findings and determinations: 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 Nissan Dealership is within the Scarlet Court area which has a wide variety of automobile related uses; 2) Section 8.12.050 of the Zoning Ordinance states that AutomobileNehicle Sales and Service facilities are permitted in the M-1 (Light Industrial) Zoning District with a Conditional Use Permit; 3) the use will be located on a site that is currently used for vehicle displays and storage for the adjacent Honda Dealership; and 4) the service facility will be located within the 26,375 square foot building and no service work will be conducted outside. 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 area; and 2) the proposed Facility will comply with all of the City of Dublin regulations. C. The proposed use will not be injurious to property or improvements in the neighborhood because: 1) the proposed Facility will comply with all City of Dublin regulations; and 2) Conditions of Approval have been included to ensure that the use is compatible with the surrounding neighborhood. 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 service facility will be operated completely within a building that will be serviced by all appropriate utilities and infrastructure; and 2) the area was designed to accommodate a variety of uses, which includes automobile uses, and the proposed use fits in with the intended uses of the area. E. The subject Site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) access to the site will be located at the future terminus of Scarlett Court which is an existing roadway; 2) the Facility will be located in an existing area which was designed to support a variety of uses; 3) the proposed use is allowed pursuant to an approved Conditional Use Permit; 4) the proposed dealership is consistent with the existing use of the site, which is currently used for automobile storage, and with automobile services in the vicinity; 5) the site is adequately screened with landscaping which will provide a buffer between the cars and the City's right-of-way; and 6) vehicles will be displayed on the site in an orderly fashion. 2 of 8 F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the M-1, Light Industrial, Zoning District because: 1) the proposed use is a 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; 2) Conditions of Approval have been applied to the Project to ensure on-going compatibility with surrounding uses; 3) Section 8.76.080.D outlines the parking requirements for use types and includes requirements for similar types of uses. In accordance with Section 8.76.050.C of the Zoning Ordinance, the Applicant has requested approval of off-site parking to meet the parking requirements of the Zoning Ordinance; 4) a total of 24 off-site parking stalls and 57 on-site parking stalls will be provided for employees and visitors in accordance with the requirements of the Zoning Ordinance; 5) the Facility is compatible with the existing uses found in the Scarlett Court area and therefore meets the requirements of the Dublin Zoning Ordinance; and 6) 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 dealership will provide a use that meets the needs of the residents as well as the region and provides expanded automobile services in the City. 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 will result in improvements to the Site which will provide a service to the community that is consistent with the intent of the Business Park/Industrial and Outdoor Storage General Plan Land Use designation. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby make the following findings regarding a Parking Reduction for Off-Site Parking related to the operation of an AutomobileNehicle Sales and Service facility at 6400 Sierra Court: A. The Conditional Use Permit findings can be made in that: 1) the Project is compatible with other land uses, transportation and service facilities in the vicinity because it is dealership and there are other automobile services and dealerships in the vicinity; 2) the Project will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety or welfare because this facility will provide a service to the community; 3) the Project will not be injurious to property or improvements in the neighborhood because the Project has been conditioned to ensure that the facility is compatible with the surrounding neighborhood; 4) the Project is located on a site that is physically suitable for the use because the use will be located on a site that has been designed to accommodate a dealership; 5) the Project is not contrary to the intent clauses, development regulations or performance standards for the M-1 Zoning District in which is located because the Project will provide for the expansion of automobile services in the community; 6) the proposed off-site parking spaces are currently used for automobile storage and are not required parking spaces for the adjacent property; and 7) even with the loss of 24 parking spaces, the adjacent property will have adequate parking as required by the Zoning Ordinance to support the existing Honda Dealership. B. The most distant parking space from a non-residential use type is not more than 400 feet from the use in that:1) the parking lot is located adjacent to the Nissan Dealership and the parking stalls are located less than 400 feet away from the site. 3 of 8 C. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Community Development Director are executed to assure that the required parking spaces are provided to the principal use for the life of the documents, covenants, deed restrictions or other agreements in that. 1) the owners of the Nissan Dealership have entered into a Parking Agreement for Off-Site Parking with the adjacent property owners of the Honda Dealership which allows the Applicant to use 24 parking stalls on their site. D. The parking lot site is not located in a residential zone in that: 1) the proposed off-site parking lot is located adjacent to the Nissan site and is zoned M-1, Light Industrial and C-2, General Commercial. E. The parking lot site is not within a road easement or private street in that: 1) the proposed off-site parking spaces will be located in an adjacent parking in existing parking spaces which are currently used for the storage of for-sale vehicles. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby conditionally approve PA 09-040 Nissan Dealership Conditional Use Permit to operate a Automobile/Vehicle Sales and Service facility located at 6363 Scarlett Courtand for a parking reduction for Off-Site Parking located at 6382 Scarlett Court. The project approval shall be subject to compliance with the following Conditions of Approval for said Conditional Use Permit: 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 approval. The following codes represent those departments/agencies responsible for monitoring compliance of the Conditions of Approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. NO. CONDITIONS OF APPROVAL Agency When Required Source PLANNING 1. Approval. This Conditional Use Permit approval for PA PL On-going Standard 09-040 is to allow the operation of vehicles sales and service (Nissan Dealership) located at 6363 Scarlet Court and off-site parking located at 6382 Scarlett Court This approval shall generally conform to the project plans and statement received by the Planning Division on February 8, 2010 unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approval of this Conditional Use PL Two years DMC Permit shall be valid for two (2) years from the effective from date of date. This approval shall be null and void in the event approval 8.96.020.D the approved use fails to be established within two (2) ears. Commencement of the use means the 4 of 8 NO. CONDITIONS OF APPROVAL Agency When Required Source establishment of 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 Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3. Time Extension. The original approving decision- PL Ongoing DMC maker may, upon the Applicant's written request for an extension of approval prior to expiration, upon the 8.96.020.E determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. 4. Compliance. The Applicant/Property Owner shall PL On-going Standard operate this use in compliance with the Conditions of Approval of this Conditional Use Permit, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 5. Revocation of Permit. This Conditional Use Permit PL On-going DMC approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any 8.96.020.1 violation of the terms or conditions of this permit shall be subject to citation. 6. Null and Void. This approval shall become null and PL On-going Planning void in the event that the approved use has ceased or was suspended for 12 or more consecutive months after the use commences. 7. Annual Review. On an annual basis, the Conditional PL On-going Planning Use Permit approval may be subject to review by the Community Development Director to determine compliance with the Conditions of Approval. 8. Minor Amendments. Modifications or changes to this PL On-going Standard Conditional Use Permit approval may be considered and approved by the Community Development Director, if the propose modifications or changes comply with Section 8.100.080 of the Zoning Ordinance. 9. Hold Harmless. The Applicant/Developer shall defend, PL On-going Standard indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City and its agents, officers, or employe s to attack, set aside, or annul an approval of 5 of 8 NO. CONDITIONS OF APPROVAL Agency When Required Source the City of Dublin or its advisory agency, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City of the site development review; provided, however, that the Applicant/Developer's duty to defend, indemnify, and hold harmless under this provision shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's cooperation in the defense of such actions or proceedings. 10. Effective Date. This approval shall not become effective PL City Council Planning until the General Plan Amendment and zoning action is Action approved by the City Council for the vacated portion of the right-of-way of Scarlett Court. 11. Fees. The Applicant shall pay all applicable fees in PL On-going Standard effect at the time of building permit issuance, including, but not limited to, Planning Fees, Building Fees, Dublin San 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. PLANNING DIVISION -PROJECT SPECIFIC 12. Noise/Nuisance. The Applicant shall control all PL On-going Planning business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. No amplified sounds, loudspeakers or music shall be permitted outside the building. 13. Clean-up. The operators of the dealership are PL On-going CUP responsible for picking up all trash associated with the use several times per day throughout the parking lot and street. 14. Off-Site Parking. The Applicant and all future PL On-going Planning operators of the use shall continue to provide a total of 24 off-site parking spaces to support the use, in accordance with the Off-site Parking Agreement. In the event that the Parking Agreement expires, is revoked or lapses, the operator(s) shall replace any off-site parking that is lost in kind, or reduce the occupancy accordingly. Prior to expiration, revocation or lapsing of the agreement, the Applicant or future operator shall provide a copy of the new Agreement or shall immediately notify the Community Development Department and shall 6of8 NO. CONDITIONS OF APPROVAL Agency When Required Source provide proof of a new plan for off-site parking, to the satisfaction of the Community Development Director, or in the alternative, shall reduce the occupancy accordingly. 15. Off-Site Parking Spaces. The off-site parking spaces shall be used for eployees only. All customer parking shall be located on-site. 16. Service. No service work or repairs shall be PL On-going Planning conducted outdoors. 17. Outside Vehicle Storage and Parking. No PL On-going Planning vehicles, other than vehicles for sale, shall be stored on the premises on a regular bases. Campers, trucks or recreational vehicles may not be stored outside. No vehicle shall be parked in any fire lanes and must be located in designated parking stalls. 18. Vehicle Deliveries. All vehicle deliveries shall be PL On-going Planning located on-site. Trucks or other delivery vehicles shall not be parked on Scarlet Court and shall not block emergency access into the site. 19. Rooftop Parking. No trucks or other large vehicles PL On-going Planning shall be parked on the roof which are readily visible from Dougherty Road or Scarlett Court. 20. Vehicle Displays. Vehicles shall be displayed in PL On-going Planning the vehicle display areas shown on the approved site plans. Any additional vehicle display areas are subject to review and approval by the Community Development Director. Metal and similar type displays are prohibited by the Scarlet Court Design Gudielines. 21. Parking Requirements. The Applicant shall provide PL On-going Planning parking as shown in the project plans. All parking spaces shall be striped according to the requirements of the City of Dublin Zoning Ordinance, except in certain areas of the site otherwise reflected on the site plans included with this approval. Disabled, visitor, employee, and compact parking spaces shall be appropriately identified on the pavement. Directional signage for the off-site employee parking spaces shall be provided, and shall be subject to the approval of the Director of Community Development. 7 of 8 NO. CONDITIONS OF APPROVAL Agency When Required Source 22• Vehicle Display & Promotional Activity. In PL On-going Planning accordance with the Zoning Ordinance and the Scarlett Court Design Guidelines, all promotional activity (including pennants, balloons, banners and tents) shall be subject to the approval of a Temporary Use Permit. Promotional sales activity shall not be readily visible from Dougherty Road. For example, the hoods of all vehicles visible to Dougherty Roadshall remain closed and no display materials shall be permitted on the windshields of vehicles. 23• Inventory. All vehicles shall be displayed in an PL On-going Planning orderly fashion adjacent to Dougherty Road. 24• Signage. All temporary and permanent signage PL On-going Planning shall conform to the requirements of the Dublin Zoning Ordinance at all times. PASSED, APPROVED AND ADOPTED this 9th day of March 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager G:1PA#120091PA 09-040 Nissan at HondalCUP Reso.doc 8of8