HomeMy WebLinkAboutPCReso 97-05 PA96-055 Autonation CUP RESOLUTION NO. 97 -05
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 96-055 CONDITIONAL USE PERMIT REQUEST
FOR AUTONATION USA
WHEREAS, VZM Transystems has requested approval of a Conditional Use Permit for an
Automobile Sales lot with ancillary service in a Planned Development Zoning District in Eastern Dublin;
and
WHEREAS, the proposed project is a component of the Santa Rita Commercial Center Project.
That project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for
which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration (94113020)
has been approved for the Santa Rita Commercial Center Project. That Mitigated Negative Declaration
together with the Program EIR adequately describes the total project for the purposes of CEQA;
WHEREAS, based on staff analysis it has been concluded that the proposed Conditional Use
Permit falls within the analysis completed as part of the Mitigated Negative Declaration (SCH
94113020) and that no additional impacts have been identified; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application
on February 11, 1997; and
WHEREAS, the Staff Report was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove set forth and used their independent judgment to make a
decision.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby
find that:
The proposed use serves the public need by providing a unique venue for the purchase of
previously owned automobiles.
The proposed use will be properly related to other land uses and transportation and service
facilities in the vicinity, as the proposed use will be conveniently located to two freeway
interchanges and main arterial streets. In addition, it will be located an area designated for
other large scale commercial services. The project design has considered adjacent residential
development. Additionally, conditions of approval will ensure ongoing compatible with adjacent
residential and commercial uses.
The proposed use will not materially adversely affect the health of safety of persons residing or
working the vicinity, or be materially detrimental to the public welfare or injurious to property or
improvements in the neighborhood, as all applicable regulations will be met.
The proposed use will not be contrary to the specific intent clauses or performance standards
established for the District in which it is to be located. The project is consistent with the intent of
the Planned Development Zoning District which encourages large scale commercial uses.
The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and
the Eastern Dublin Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 96-055 Conditional Use Permit for Auto Nation USA as generally depicted by
the staff report and the materials labeled Exhibits A and E to the Staff Report, stamped approved and
on file with the Dublin Planning Department, subject to compliance with the following conditions:
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, lB] Building, [PO] Police, [PW] Public Works
[ADM] Administration/City Attorney, [FIN} Finance, [F] Dougherty Regional Fire Authority (or their
successors), [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of
Environmental Health.
NO CONDITION TEXT RESPON. WHEN MATRIX
AGENCY REQ. INDEX
GENERAL CONDITIONS
1 This approval shall become null and void in the event the PL Ongoing
approved use ceases to operate for a continuous one-year
period.
2 This permit shall be revocable for cause in accordance with PL Ongoing
Section 8-30.3 of the Dublin Zoning Ordinance. Any violation of
the terms or conditions of this permit shall be subject to citation.
3 The Developer/Property Owner shall be responsible for clean- PL Ongoing
up and disposal of project related trash to maintain a clean,
litter-free site.
4 Prior to the issuance of building permit all applicable fees shall B, PL, BLDG 45-59,
be paid. These fees shall include, but not be limited to, those ADM 119, 286,
fees required by City Ordinances such as Traffic Impact Fees, 165
Traffic impact fees to reimburse Pleasanton for freeway
interchanges (estimated to be $65,045), Noise Fees, Public
Facilities Fees, School impact fees, Fire impact fees, Affordable
housing in-lieu fees, Specific plan implementation fees, or any
other that may be adopted. The Tri-Valley Transportation
Council is presently studying the development of a Regional
Transportation Impact Fee. If this fee is adopted by the City of
Dublin, or incorporated into Dublin's Eastern Dublin Traffic
Impact Fee prior to building permits being issued, then the
unissued building permits shall be subject to the new or revised
fee. The TIF will be calculated at the time of Finaling of any
2
.NO CONDITION TEXT RESPON. WHEN MATRIX
AGENCY REQ. INDEX
Building permit. In addition, all fees required by DSRSD, DRFA
or its successor, Zone 7, shall be paid in accordance with those
Agencies' ordinances and regulations.
5 The Developer shall comply with applicable Dougherty Regional F, PW, BLDG 8, 15, 18,
Fire Authority, Dublin Public Works Department, Dublin Building PO, ZT, 20, 120,
Department, Dublin Police Service, Alameda County Flood DSR, PL 122, 138,
Control District Zone 7, Alameda County Public Health, and 155
Dublin San Ramon Services District requirements. Prior to
issuance of building permits or the installation of any
improvements 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.
6 To apply for building permits, the Developer shall submit six (6) B BLDG
sets of construction plans together with final site plan and
landscape plans to the Building Department 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 be complied with.
Construction plans will not be accepted without the annotated
conditions attached to each set of plans. The Developer will be
responsible for obtaining the approvals of all participating non-
City agencies prior to the issuance of building permits.
7 The Developer shall comply with all applicable City of Dublin PW PM N/A
Public Works Typical Conditions of Approval for Subdivisions
(Attachment D to the Staff Report). In the event of conflict
between the Public Works Typical Conditions of Approval for
Subdivisions and these Conditions, these Conditions shall
prevail.
8 No loudspeakers or amplified music shall be permitted to PL, PO Ongoing
project or be placed outside of the building.
9 A lighting plan for the use shall be submitted for approval to the PL, PO BLDG
Planning Department and Police Departments. Lighting shall
not extend beyond the boundaries of the site and should be
adequate for security and public safety.
10 As depicted in the video shown at the meeting, the use shall not PL Ongoing
display materials on the windshields of vehicles. The facility will
be maintained in a manner consistent with new car dealerships
in the Dublin area. No balloons, pennants, banners, flags or
other promotional materials shall be displayed without a permit
from the Planning Department.
11 The rental of automobiles shall remain an ancillary use to the PL Ongoing
servicing of vehicles.
12 Prior to opening for business, developer shall provide a list to PL OCC 3
the City of the number, type and salary level of employees for
the business in order for the City to implement the required
3
.NO CONDITION TEXT RESPON. WHEN MATRIX
AGENCY REQ. INDEX
housing and employment monitoring system required by the
Eastern Dublin Specific Plan.
13 The Developer shall comply with all applicable City of Dublin PL, PO. BLDG
Site Development Review Standard Conditions and the City of
Dublin Non-Residential Security Requirements (Exhibit H).
14 The Developer is responsible for those Conditions of Approval PL Ongoing
of the Planned Development Resolution No. 6-95 for PA 94001,
and Res. 3-95 for the Tentative Parcel Map 6879 for the Santa
Rita Commercial Center and any amendments thereto relating
to the subdivision and improvement of the property.
15 The developer is responsible for complying with all applicable PL, PW Ongoing
mitigation measures of the Santa Rita Commercial Center
Project Mitigation Monitoring Plan approved by the City Council
on January 23, 1995, relating to the improvements of the
project site.
GENERAL DESIGN:
16 Landscape design adjacent the western roadway access drive PL, PW BLDG
shall be coordinated with the parcel to the west so that the
design on the two sides is consistent.
17 The eastern elevation of the service bay building shall be further PL BLDG
detailed with beige colored frames with charcoal infill (design a
reflection of the showroom building). The charcoal shall be of a
different finish material, to be approved by the Community
Development Director.
18 The roll up doors on the car wash building and service buildings PL BLDG
shall be painted the same base color as the buildings' base
color.
19 Trash enclosures shall have a stucco exterior painted to match PL BLDG
the adjacent building or wall with a solid metal door painted to
match the stucco. The enclosure shall incorporate use of a 10'
x 10' concrete apron in front of the enclosure to facilitate the
disposal company's mechanical pick-up service. Raised
concrete curbing shall be provided inside the trash enclosure
area to serve as wheel stops for the metal trash bins in order to
protect the interior walls of the enclosure.
20 Trash enclosures shall provide for collection and sorting of PL, ADM BLDG 279
petrucible solid waste as well as source separated recyclable
materials. Trash receptacles shall be located as agreed upon
with Livermore Dublin Disposal. Written confirmation of this
shall be sent to the Director of Planning by the Developer prior
to the issuance of building permits.
21 All roof equipment shall be completed screened from view by a PL BLDG
parapet. Equipment not screened by a parapet shall be
screened by materials matching the building, to be approved by
the Community Development Director.
22 All signage shall be pursuant to a Master Sign Program. The PL BLDG
4
.NO CONDITION TEXT RESPON. WHEN MATRIX
AGENCY REQ. INDEX
Master Sign Program shall be a program coordinated with the
with the commercial center to the west. Freestanding signs
along the freeway and Dublin Boulevard shall be in a structure
that is the same as the commercial center to the west. Sign
locations shall be determined as part of the Master Sign
Program.
23 The masonry screen wall depicted on the plans as detail 3/C2 PL, PW BLDG
shall be 8 feet in height along the Dublin Boulevard frontage. A
gradual transition to 6 feet along the east and west frontage of
the site shall be required. Said wall shall screen the service
and drop off area from Dublin Boulevard. The general location
of the wall shall be as depicted on Exhibit C attached to the
Staff Report.
24 All parking shall conform to the plans shown on Exhibit A. PL BLDG
Public parking spaces shall be double-striped with 4-inch wide
stripes set approximately 2 feet apart as shown on the "Typical
Parking Striping Detail" available in the Planning Department.
Handicapped, visitor, employee and compact parking spaces
shall be appropriately identified on the pavement and
designated on the parking plan. The Developer shall provide a
minimum one foot wide raised curb or equivalent on landscape
fingers and islands adjacent to parking stalls.
BIOLOGY/ARCHEOLOGY
25 Should any Kit Foxes be discovered on the site either during the PL, PW GRAD 219
Preconstruction Survey or during project construction,
Developer shall be responsible for complying with the Kit Fox
Protection Plan.
26 Should any prehistoric or historic artifacts be exposed during PL, PW, B GRAD, 248, 249,
excavation and construction operations, work shall cease BLDG. 251,252,
immediately and the City Planning Department shall be 253
notified. A qualified archeologist shall be consulted to
determine whether any such materials are significant prior to
resuming ground breaking construction activities. Standardized
procedures for evaluating accidental finds and discovery of
human remains shall be followed as prescribed in Appendix K
of the California Environmental Quality Act Guidelines.
27 Priorto commencement of any grading or construction activities pr, B, PW Ongoing
on any portion of the site, a 6 foot temporary chain link fence
shall be installed along the eastern property line, effectively
separating the site from Tassajara Creek. Said fencing is to
remain in place throughout the construction process.
LANDSCAPING
28 Final landscape plans along the east frontage of the site shall PL, PW GRAD
be designed for consistency and/or compatibility with the City of
Dublin Stream Corridor Plan. Plantings shall be compatible with
the restoration program for Tassajara Creek.
29 A final detailed Landscape and Irrigation Plan (generally PL, PW BLDG
NO CONDITION TEXT RESPON. WHEN MATRIX
AGENCY REQ. INDEX
consistent with the plan provided in Exhibit A to the Staff
Report) (at 1 inch = 20 feet or larger), along with a cost
estimate of the work and materials proposed, shall be submitted
for review and approval by the Community Development
Director. The requirements for landscape to development
ratios as delineated in PD Res. 6-95 shall be required.
Landscape and Irrigation Plans shall be signed by a licensed
architect. Final landscape plans shall indicate the common and
botanical names, container size, growth rate and number of
each plant. All landscaping, as shown on the Landscape and
Irrigation Plan, shall include drought tolerant vegetation.
Landscaping shall be chosen for its compatibility with recycled
water. Landscape and irrigation plans shall provide for a
recycled water system.
PUBLIC WORKS
30 The Developer shall comply with any restrictions described in PW BLDG
the 20' water line easement (24390.R.213). In addition, no
buildings shall encroach on the easement, access shall be
provided to the easement and the water line shall be protected
in place during any construction relating to this project.
31 The Developer shall construct an 8-foot sidewalk centered PVV
within the 20 foot landscaped parkway along the project
frontage.
32 The main access road serving this project shall be designed to PW 7
the satisfaction of the Director of Public Works. The access
road shall be widened at the intersection with Dublin Boulevard
to provide a minimum of one lane in, one left-turn out and one
through/right-turn out. This intersection shall be designed so as
to align with Myrtle Drive to the north. The access road shall
have a five foot sidewalk on at least one side.
33 The Developer shall install a traffic signal at the intersection of PW 65
Dublin Boulevard and the main entrance. This signal has been
designed by CH2MHilI.
34 The proposed driveway along Dublin Boulevard, east of the PW
main entrance, shall be 35-feet minimum width constructed in
accordance with City Standard Plan CD-304. The Driveway
shall be located to jointly serve AutoNation and the un-
developed portion of the site or as determined by the Public
Works Director. This driveway shall be limited to right-turn in
and right-turn out only.
35 The Developer shall provide proof of, or dedicate, a private PW
access easement along the main entrance road for the benefit
of the adjoining parcel.
NO CONDITION TEXT RESPON. WHEN MATRIX
AGENCY REQ. INDEX
36 The location and siting of project specific wastewater, storm PL, PW PM 18, 19,
drain and potable water and recycled water system 20, 39,
infrastructure shall be consistent with the resource management 40, 42,
policies of the Eastern Dublin Specific Plan and with DSRSD's 118, 138
major infrastructure policies.
37 A recycled water main for this development shall be extended to DSR, PW PM 131, 145,
connect to the Dublin Boulevard recycled water main, and a
recycled water service line shall stub out to this site to allow for
connection when recycled water is available. The development
shall be equipped to use recycled water for irrigation. An on-
site recycled water irrigation system shall be designed to
conform to District master plans and standards and
specifications.
38 All water mains shall be sized to provide sufficient capacity to DSR, PW PM 157
accommodate future flow demands in the Eastern Dublin
Specific Plan and General Plan areas in addition to the project's
demand. Layout and sizing of mains shall be in conformance
with DSRSD utility master planning.
39 Sewers shall be designed to operate by gravity flow to PW, DSR PM 118
DSRSD's existing sanitary sewer system. Pumping of sewage
is discouraged and may only be allowed under extreme
circumstances following a case by case review with DSRSD
staff. Any pumping station will require specific review and
approval by DSRSD of preliminary design reports, design
criteria, and final plans and specifications. The DSRSD
reserves the right to require payment of present worth 20 year
maintenance costs as well as other conditions within a separate
agreement with the Developer for any project that requires a
pumping station.
40 Domestic and fire protection waterline systems for Tracts or DSR PM 148
Commercial Developments shall be designed to be looped or
interconnected to avoid dead end sections in accordance with
requirements of the DSRSD Standard Specifications and sound
engineering practice.
41 Public water and sewer lines shall be located in public streets DSR PM 118
rather than in off-street locations to the fullest extent possible.
If unavoidable, then public sewer or water easements must be
established over the alignment of each public sewer or water
line in an off-street or private street location to provide access
for future maintenance and/or replacement.
42 Prior to approval by the City of a Grading Permit, the locations DSR PM
and widths of all proposed easement dedications for water and
sewer lines shall be submitted to DSRSD.
43 All easement dedications for DSRSD facilities shall be by DSR PM
separate instrument irrevocably offered to DSRSD.
NO CONDITION TEXT RESPON. WHEN MATRIX
AGENCY REQ. INDEX
44 All improvement plans for DSRSD facilities shall be signed by DSR PM
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 Developer 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 Developer shall
allow at least 15 working days for final improvement drawing
review by DSRSD before signature by the District Engineer.
45 No sewerline or water line construction shall be permitted DSR Ongoing 155
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. 4 have been satisfied.
46 The Developer shall hold DSRSD, its Board of Directors, DSR Ongoing
commissions, employees, and agents of DSRSD harmless and
indemnify the same from any litigation, claims, or fines
resulting from completion of the project.
47 Developer shall comply with all implementation responsibilities PW PM
for developer as outlined in Table 9.1 "Water Service Matrix of
Implementation Responsibilities," Table 9.2 "Wastewater
Service Matrix of Implementation Responsibilities," and Table 3
"Storm Drainage Matrix of Implementation Responsibilities of
the "Eastern Dublin Specific Plan" dated January 7, 1994 for the
water system attached hereto and incorporated herein
(Attachment 4 to the Staff Report).
48 Complete improvement plans shall be submitted to DSRSD that DSR PM 18'~ 122,
conform to the requirements of the DSRSD Code, the DSRSD 124-126,
"Standard Procedures, Specifications and Drawings for Design 131, 144,
and Installation of Water and Wastewater Facilities", all 153, 155,
applicable DSRSD Master Plans and policies and all Recycled 157
Water Design and Construction Standards.
49 Developer shall obtain a "will serve" letter prior to issuance of PW, DSR PM 152, 18,
grading permit which states that the project can be served by 19, 118,
DSRSD for water and sewer service prior to occupancy. 121, 125,
126, 146,
156
50 Zone 7 administers a program for the destruction of unused Z7, PW GRAD
wells in the Livermore-Amador Valley. Known water wells
without a documented intent of future use, filed with Zone 7, are
to be destroyed prior to any demolition or construction activity in
accordance with a well destruction permit obtained from Zone 7.
PUBLIC SAFETY
51 Developer shall provide access to gated areas in a manner F, PO BLDG
acceptable to DRFA and Dublin Police Departments.
NO CONDITION TEXT RESPON. WHEN M~TRIX
AGENCY REQ. INDEX
52 Prior to delivery of combustible materials, sufficient water F BLDG
storage and pressure shall be available at the site to the
satisfaction of Doughtery Regional Fire Authority (DRFA). Fire
hydrants shall be installed at the locations approved by DRFA in
accordance with the Standards at the time of development.
Raised blue reflectorized traffic markers shall be epoxied to the
center of the paved street opposite each hydrant.
53 Installation of any gas tanks shall be approved by appropriate PL, F, B BLDG
agencies including DRFA and City Building and Planning Depts.
54 The Developer shall work with the Dublin Police Department on PO Ongoing
an ongoing basis to establish an effective theft prevention and
security program. The Developer and/or Property Owner shall
keep the automobile showroom and sales facility clear of graffiti
vandalism on a regular and continuous basis at all times.
Graffiti resistant paints for the structures and film for windows or
glass should be used.
55 Any Hazardous Materials must be handled in conformance with F Ongoing
applicable governmental safety requirements, and disposed of
by a certified contractor using proper disposal procedures.
56 Prior to the issuance of building permits for site specific PL, PW, B BLDG 28-9
developments Phase I (and if necessary Phase II)
environmental site assessments shall be made available to the
Community Development Director, with appropriate
documentation that all recommended remediation actions have
been completed.
UTILITIES:
57 The Developer shall provide all underground utilities to the PW, PL GRAD 182, 108,
project. The Developer shall remove all existing overhead 109, 228
utilities within the project or convert them to underground. All
transmission lines shall be away from sensitive areas unless
otherwise approved by the Director of Public Works/City
Engineer and Director of Community Development.
58 Developer shall provide documentation that electric, gas, and PL GRAD 107, 110
telephone service can be provided to the subdivision. This
documentation shall indicate when service can be provided.
DRAINAGE:
59 The storm drainage system shall provide for all on site drainage, PW GRAD 8, 162,
as well as through drainage. The plans shall incorporate 164 · 167
watersheds and major storm drains as depicted on the Brian
Kangas Foulk master drainage plan and/or any other study
acceptable to the City for this area.
60 Developer shall prepare plans for the periodic inspection and PW GRAD 199
maintenance of subsurface drainage features, and the removal
and disposal of materials deposited in surface drains and catch
basins.
NO CONDITION TEXT RESPON. WHEN MATRIX
AGENCY REQ. INDEX
MISCELLANEOUS:
61 Developer shall prepare and submit a Construction Noise PL, PW GRAD 263, 264
Management Program, to the satisfaction of the Community
Development Director, that identifies measures proposed to
' minimize construction noise impacts on existing residents, and
shall ensure that construction or grading on the site complies
with that program.
62 Developer shall insure that stationary source emissions Pl. GRAD 278
associated with project development are minimized. This shall
be accomplished by preparation of a written program to
accomplish the requirements of Mitigation Measure 3.11/12.0 of
the Eastern Dublin EIR to the satisfaction of the Community
Development Director prior to the issuance of a grading permit.
63 Permits shall be required for oversized and/or overweight PW GRAD
construction loads coming to and leaving the site. If soil is to be
imported or exported from the site, a haul route plan shall be
submitted to the City for review and approval.
64 As part of the grading permit application, Developer shall PL, PW GRAD 269, 270
submit a Construction Impact Reduction Plan. Said Plan shall
include those items addressed as a concern in the Program
EIR, in particular, Mitigation Measures 3.11/1 through 3.11/4
and 3.11/7.
65 The developer shall remove all trees including major root PW GRAD
systems and other obstructions from building sites that are
necessary for public improvements or for public safety as
directed by the Director of Public Works/City Engineer.
PASSED, APPROVED AND ADOPTED this 11th day of February, 1997.
AYES:
NOES:
ABSENT:
Commissioners Jennings, Johnson, Fasulkey, Hughes and Oravetz
None
Planning Commission
g:\pa96055\cupreso
10