HomeMy WebLinkAboutPCReso 94-05 PA93-070 Nohr's Automall CUP RESOLUTION NO. 94 - 05
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 93-070 NOHR'S AUTO MALL CONDITIONAL USE PERMIT
REQUEST AT 6451 SCARLETT COURT
WHEREAS, Jerry Lemm, representing Michael Nohr, the property Owner,
is requesting Conditional Use Permit and Site Development Review
approval to allow the establishment of an automobile and recreation
vehicle sales and storage lot on the ±61,000 square foot parcel, located
at 6451 Scarlett Court; and
WHEREAS, the Planning Commission held a public hearing on said
application on February 7, 1994; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHERE]%S, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be Categorically Exempt under Section 15302, Class 2(b) of the
State CEQA Guidelines; 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.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find that:
Ae
The proposed automobile and recreation vehicle sales and storage
lot use provides for the public need by offering a range of
services for the community.
Be
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 compatible when compared to the type and
nature of operations typically found in general commercial district
areas and the uses currently in operation in the immediate
vicinity.
Ce
The proposed use will not materially adversely affect the health or
safety of persons residing or working in 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.
De
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 in that conditions have been applied to
ensure conformance with the applicable zoning regulations, and the
use is consistent with the character of the surrounding area as
well as the retail business district.
Ee
The approval of the Conditional Use Permit will be consistent with
the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 93-070 Nohr's Auto Mall Conditional Use
Permit application as generally depicted by materials labeled Exhibit A,
stamped approved and on file with the Dublin Planning Department,
subject to the approval of the related Site Development Review and to
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, IF] Dougherty Regional Fire Authority, [DSR]
Dublin San Ramon Services District, [CO] Alameda County Department of
Environmental Health.
PA 93-070 Nohr's Auto Mall Conditional Use Permit is approved for
an automotive and recreation vehicle sales and storage lot. This
approval shall generally conform to the plans labeled Exhibit A,
stamped approved and on file, dated received by the Planning
Department January 4, 1994.
This approval shall be valid for a period of five-years, until
February 17, 1999. Failure to exercise the approval or to make
substantial construction progress, within 1 (one) year from the
effective date of approval, in accord with an approved building
permit for the project will cause the permit to become null and
void. [PL]
With the exception of storage of automobiles, recreational vehicles
and boats, no exterior demonstrations, displays, services, engine
repair work, or other activities shall occur in the storage area.
[PL, PO]
The Applicant shall obtain the proper licenses and permits through
the Department of Motor Vehicles and the State Board of
Equalization prior to establishment of use. Said licenses and
permits shall be displayed at all times during the operation of
business. [PL, PO]
The Applicant shall work with the Dublin Police Services Department
to establish and maintain an effective security program. [PL, PO]
The Applicant shall be responsible for clean-up and disposal of
project related trash to maintain a clean, litter-free site. [PL]
No loudspeakers or amplified music shall be permitted outside the
enclosed building. [PL]
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The Applicant shall control activity so as not to create a public
or private nuisance to the existing or surrounding businesses and
residences. [PL, PO]
Ail signs shall be subject to the requirements of the Sign
Regulations within the Zoning Ordinance. [PL]
10.
On an annual basis, this Conditional Use Permit approval shall be
subject to Zoning Investigator review and determination as to the
compliance with the Conditions of Approval. [PL]
11.
This permit shall be revocable for cause in accordance with Section
8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms
or conditions of this permit shall be subject to citation. [PL]
PASSED, APPROVED A~D ADOPTED this 7th day of February, 1994.
AYES:
Commissioners Burnham, Downey, North and Rafanelli
NOES:
Commissioner Zika
ABSENT: None
ATTEST:
Planning Commission Chairperson
Planning Direc~
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PLANNING
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