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HomeMy WebLinkAboutPC Reso 10-53 Dublin Security Storage ZOA RESOLUTtON NO. 10-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF ZONING ORDINANCE AMENDMENTS TO ALLOW MINI-STORAGE AS A PERMITTED USE IN THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRIGT AND TO IDENTIFY THE M-1 (LIGHT INDUSTRIAL} ZONtNG DISTRICT AS CONSISTENT WITH THE BUSINESS PARK/INDUSTRIAL AND OUTDOOR STORAGE GENERAL PLAN LAND USE CITY-WIDE PLPA-2010-00005 WHEREAS, Glenn Kierstead, property owner and business owner of Dublin Security Storage located at 6005/6015 Scarlett Court has requested a Zoning Ordinance Amendment to allow Mini-Storage as a permitted use in the M-1 (Light Industrial) Zoning District; and WHEREAS, the requested Amendment would also have the effect of permitting Mini- Storage uses in PD (Planned Development) Zoning Districts that allow M-1 (Light Industrial} uses; and WHEREAS, Staff is also recommending a Zoning Ordinance Amendment to Section 8.28.020.B.4 (General Plan Consistency) to identify the M-1 (Light Industrial} Zoning District as being consistent with the Business Park/Industriaf and Outdoor Storage General Plan Land Use; and WHEREAS, Mr. Kierstead has also requested approval of a Site Development Review to construct a new 8,16Q square foot mini-storage building and to convert 4,650 square feet of an existing warehouse building to mini-storage uses at Dublin Security Storage (the "Project"); and WHEREAS, the Project is located in an M-1 (Light Industrial) Zoning District; and WHEREAS, in accordance with Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Mini-Storage is not permitted in the M-1 Zoning District; and WHEREAS, the Mini-Storage facility now known as Dublin Security Storage was constructed in 1978 with approval from Alameda County and is therefore considered a legal non-conforming use; and WHEREAS, in accordance with Chapter 8.140 (Non-Conforming Uses and Structures) the expansion or intensification of a non-conforming use is prohibited; and WHEREAS, approval of the Site Development Review request is contingent upon City Council approval of a Zoning Ordinance Amendment to allow Mini-Storage as a permitted use in the M-1 Zoning District and a related CEQA Negative Qeclaration; and WHEREAS, the California Environmenta! 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 I ~ I WHEREAS, pursuant to the CEQA, an initial Study/Negative Declaration has been prepared for the Project and was circulated for pubfic review from October 2, 2010 to October ~ 22, 2010; and ' WHEREAS, no comments were received on the Negative Declaration during the public ' review period; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council adoption of a Zoning Ordinance Amendment to allow Mini-Storage as a permitted use in the M-1 (Light Industrial) Zoning Distriet and comparable PD (Planned Development) Zoning Districts and to identify the M-1 (Light Industrial) Zoning District as being consistent with the Business Park/Industriaf and OutdQOr Storage Generaf Plan Land Use; and WHEREAS, the Staff Report submitted to the City of Dublin Planning Commission also recommended approval of a Site Development Review to construct a new 8,160 square foot mini-storage building and to convert 4,650 square feet of an existing warehouse building to mini- storage uses at Dublin Security Storage; and WHEREAS, the Planning Commission held a public hearing on said application on November 9, 2010; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider the proposed Negative Declaration, all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby recommend that the City Council approve the proposed Zoning Ordinance Amendments as described in Exhibit A to this Resolution and incarporated herein by reference. PASSED, APPROVED AND ADOPTED this 9t" day of November 2010 by the following vote: AYES: King, Brown, Sehaub, Wehrenberg NOES: ABSENT: ABSTAIN: Swalwell ~ ~ ~ ~ , ~ ~ § Planning Commi~sion Ch ir ATTEST: ' ~ Plann ng anager 2of2 ORDINANCE NO. xx - 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USE OF LAND) TO ALLOW MINI-STORAGE AS A PERMITTED USE IN THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT AND CHAPTER 8.28 (INDUSTRIAL ZONING DISTRICTS) TO IDENTIFY THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT AS CONSISTENT WITH THE BUSINESS PARK/INDUSTRIAL AND OUTDOOR STORAGE GENERAL PLAN LAND USE PLPA 2010-00005 WHEREAS, Glenn Kierstead, property owner and business owner of Dublin Security Storage located at 6005/6015 Scarlett Court has requested a Zoning Ordinance Amendment to allow Mini-Storage as a permitted use in the M-1 (Light Industrial) Zoning District; and WHEREAS, the requested Amendment would also have the effect of permitting Mini- Storage uses in PD (Planned Development) Zoning Districts that allow M-1 (Light Industrial) uses; and WHEREAS, Staff is also recommending a Zoning Ordinance Amendment to Section 8.28.020.B.4 (General Plan Consistency) to identify the M-1 (Light Industrial) Zoning District as being consistent with the Business Park/Industrial and Outdoor Storage General Plan Land Use; and WHEREAS, Mr. Kierstead has also requested approval of a Site Development Review to construct a new 8,160 square foot mini-storage building and convert 4,650 square feet of an existing warehouse building to mini-storage uses at Dublin Security Storage (the "ProjecY'); and WHEREAS, the Project is located in an M-1 (Light Industrial) Zoning District; and WHEREAS, in accordance with Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Mini-Storage is not permitted in the M-1 Zoning District; and WHEREAS, the Mini-Storage facility now known as Dublin Security Storage was constructed in 1978 with approval from Alameda County and is therefore considered a legal non-conforming use; and WHEREAS, in accordance with Chapter 8.140 (Non-Conforming Uses and Structures) the expansion or intensification of a non-conforming use is prohibited; and WHEREAS, approval of the Site Development Review request is contingent upon City Council approval of a Zoning Ordinance Amendment to allow Mini-Storage as a permitted use in the M-1 Zoning District and a related CEQA Negative Declaration. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1: Compliance with California Environmental Quality Act ("CEQA"): The City Council adopted a Negative Declaration on December 7, 2010 through Resolution , incorporated herein by reference. EXHIBIT A TO ATTACHMENT 3 Section 2: Section 8.12.050 of Chapter 8.12 (Zoning Districts and Permitted Uses of Land) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: COMMERCIAL USE TYPES COMMERCIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 USE TYPE Mini-Stora e - - - - - - - P - P - Section 3: Section 8.28.020.6.4 of Chapter 8.28 (Industrial Zoning Districts) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 4. General Plan Consistency. The M-1 Zoning District is consistent with the Business Park/Industrial, Business Park/Industrial and Outdoor Storage and Industrial Park designations of the General Plan. Section 4: Effective Date and Postinq of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this _ day of 2010, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#120101PLPA-2010-00006 Dublin Security Storage Rez_SDRIPC 11.09.100tt 3 Ex A_DraR CC Ord Final.doc 2 Of2