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Home My WebLink AboutPC Reso 93-08 PA92-088 AlaCtyAuc CUPRESOLUTION NO. 93-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN --------------------------------------------------------------------- APPROVING PA 92-088 ALAMEDA COUNTY AUCTION CONDITIONAL USE PERMIT REQUEST AT 6438 SIERRA COURT WHEREAS, Adel Saadeh, on behalf of Alameda County Auction, requests approval of a Conditional Use Permit and Site Development Review for the modification and expansion of the pre-existing automotive auction establishment located on the northern portion of the Chevron Industries, Inc. Record Retention Warehouse site; and WHEREAS, Section 8-51.3 of the adopted City of Dublin Zoning Ordinance requires approval by the Planning Commission of a Conditional Use Permit for the operation of an auto auctioning business finding that it is an appropriate use within the M-1, Light Industrial District; and WHEREAS, the Planning Commission held a public hearing on said application on March 15, 1993; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, 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 15301, Class 1(a) 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: A. The proposed auction use provides for the public need by offering a range of services for the community. B. 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 light industrial district areas and the uses currently in operation in the immediate vicinity. C. 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. D: 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. E. 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 92-088 Alameda County Auction 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, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. 1. This approval is for an automotive auctioning business consisting of incidental office activity, the storage of vehicles, and the auctioning of cars and trucks as generally depicted on the plans labeled Exhibit A, dated received by the Planning Department December 29, 1992, stamped approved. 2. This Conditional Use Permit approval shall supersede all previous Conditional Use Permit approvals for the site. [PL] 3. This use shall be limited to a maximum of 18 auctions per year. [PL] 4. Each auction shall be limited to a maximum of 130 vehicles which may be bid upon. [PL] 5. All outdoor auction related activities shall take place between the hours of 7:30 a.m. and 5:30 p.m., except as may be approved in advance in writing by the Planning Director. [PL] 6 No amplified music shall be permitted outside the enclosed building. During the auctions, if a loudspeaker is to be used, it shall be directed away from, and kept at a low level so as not to create a nuisance to, the adjacent neighboring residential area to the west. [PL] 7. No automotive repair is permitted on site, including washing and detailing of vehicles. [PL, PO] 8. The Applicant shall maintain a minimum of three portable toilets during non-auction days and ten portable toilets on preview and auction days. The portable toilets shall be serviced a maximum of two days following the auction event. [PL] 9. 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] 10. The Applicant shall work with the Dublin Police Services Department to establish and maintain an effective security program. A minimum of one (1) security guard, licensed by the State Department of Consumer Affairs, shall be present on-site during all non-business evening hours. [PL, PO] 11. The Applicant shall be responsible for clean-up and disposal of project related trash to maintain a clean, litter-free site. [PL] 12. 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] 13. All signs shall be subject to the requirements of the Sign Regulations within the Zoning Ordinance. [PL] 14. 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] 15. This approval shall become null and void in the event the approved use ceases to operate for a continuous one-year period. [PL] 16. 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 AND ADOPTED this 15th day of March, 1993. AYES: Commissioners Burnham, North, Rafanelli and Zika NOES: None ABSENT: Commissioner Barnes ~''~~ '~__ y--rte-+ M anning ommi sior} hairperson ATTEST: Planning Director - 3 - __ __._._w.~_ --- -....___ - ___._ ._~_ _ __ ,,,,~.,. _, ., oPoSED 1.~k5~D L~~A ~~- gb~ ~I00 ~~ .~ d yso' - -- ------ --«----- ---- ~, ~ /r ` \ / ~ ~ / b ~~ U ~ ~ ' ~5 ~ w J ~ ` «- i o ~ 30 Z ~ Qw ~ - ~ d ~ - K W o ~ ~ ~ m ~ ~ 3 ~ w U c~~'"' c: ? n~~ ~ - ~ -~ i ~ ~ c i ~ ~ n ~~ /~ ~~- _S Roor~S ~ __ ~ n ~ ~ ~ _~~ - __ ~ I ~; = x a o o _. o ~ , ~ C V C O < o~~ ~ ~ ~~ I c} J ~ ~ o t_. ~` ~ °~~ ~ L'~ { U ~ ' ' I ~ i r <., ~ - -- i, ~ I ~ ~ O W U ~-, z ~ C ~ a O ~ - ~ i ~, ~ w w ~~ ~ ~ ' ~~ v s I ~ y°~ o `- o z ` ; z~- ' _ ~`9~ - = ~ ~ ~ 0 0 a ' - ~. u ~ ~ i o ~ , I __ i i .. _ ' i i '-~ i o = ~ ~ ~ ~ i i i "'L'_ J ~ i II . ~ ~ ~ V QL QC -EXHIBIT A