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HomeMy WebLinkAbout8.2 Attch 8 Reso Appvg'CUP & SDRRESOLUTION NO. 12-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW TO ALLOW AN UNENCLOSED, COVERED OUTDOOR STORAGE AREA IN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT AT 6958 SIERRA COURT (APN 941-2756-006) PLPA-2011-00057 WHEREAS, Brad Brown, the Applicant, has requested approval of a Conditional Use Permit and Site Development Review to allow a 4,456 square foot unenclosed addition, for the purposes of outdoor storage, to an existing 23,994 square foot building at 6958 Sierra Court; and WHEREAS, the Applicant has submitted project plans for the requested entitlement prepared by Charles Huff, AIA, received by the Planning Division on January 25, 2012, attached as Exhibit A and incorporated herein by reference; and WHEREAS, the project site has a General Plan land use designation of Business Park/Industrial, and is in the M-1 (Light Industrial) Zoning District; and WHEREAS, the proposed project, as conditioned, is consistent with the Dublin General Plan and the Zoning District in which it is located, and represents an appropriate project for the site with approval of a Conditional Use Permit and Site Development Review; 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, Staff is recommending that the project be found exempt from CEQA in accordance with Section 15301 (Minor alterations to existing facilities involving little or no expansion) and 15303 (new construction or conversion of small structures); and WHEREAS, a Staff Report was submitted to the Planning Commission on February 14, 2012 recommending approval of said application, which Staff Report is incorporated herein by reference; and WHEREAS, the Planning Commission did hold a public hearing on said application; WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider 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 Planning Commission of the City of Dublin does hereby make the following finding and determinations regarding the proposed Conditional Use Permit and Site Development Review: Page 1 of 8 ATTACHMENT 8 Conditional Use Permit: 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 outdoor storage area is located in the Sierra Court Business Park area which has a wide variety of industrial uses; 2) Section 8.12.050 states that an Equipment and Materials Storage Yard is permitted in the M-1 (Light Industrial) Zoning District with a Conditional Use Permit; and 3) the proposed outdoor storage area is in association with an existing building and is compatible with the existing and allowed uses of the project site. 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 Light Industrial Business Park; and 2) the proposed outdoor storage area will comply with all of the City of Dublin regulations. C. The proposed use, under all circumstances and conditions of this permit, will not be injurious to property or improvements in the neighborhood because: 1) the proposed outdoor storage area will be used to store inventory; and 2) the storage area will comply with all City of Dublin regulations. 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 proposed use will be operated adjacent to an existing building that is serviced by all appropriate utilities and infrastructure; 2) the area was designed to accommodate a variety of uses and the proposed use fits in with the intended uses of the area; and 3) the proposed storage area will not be serviced by water or sanitation. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) the existing roadway network leading to the site and the availability of existing on-site parking is adequate to serve the proposed use; and 2) the covered outdoor storage area will be located in an existing Light Industrial Business Park which was designed to support a variety of uses. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the Light Industrial (M-1) zoning district because: 1) Conditions of Approval have been applied to the project to ensure on- going compatibility with surrounding uses; 2) the proposed use (outdoor storage) 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; 3) the proposed outdoor storage area is compatible with the existing uses found in the Sierra Court Light Industrial area and therefore meets the requirements of the Dublin Zoning Ordinance; 4) 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 outdoor storage area is small in size and is compatible with the surrounding land use; and 5) a total of 29 on-site parking spaces are required for this use, which includes an overall 10% reduction for the site as allowed by Section 8.76.050.D of the Zoning Ordinance. Page 2 of 8 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 property owner that is consistent with the intent of the Business Park/Industrial General Plan Land Use designation. BE IT FURTHER RESOLVED THAT the Planning Commission does hereby make the following findings and determination: Site Development Review: A. The Project, as conditioned, is consistent with the purpose and intent of Chapter 8.104, with the General Plan and any applicable Specific Plans and design guidelines because: 1) the proposed modification to the site is to allow the addition of an unenclosed 4,456 square foot covered outdoor storage area adjacent to an existing industrial building; 2) the outdoor storage area is compatible with the existing building and use of the site; and 3) the covered outdoor storage area will be used to store inventory. B. The Project, as conditioned, is consistent with the provisions of the Zoning Ordinance because: 1) the proposed project will comply with all City Regulations, including setback requirements and height restrictions. C. The design of the project, as conditioned, is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed because: 1) prior to the construction of the unenclosed storage area, Building Permits will be required to ensure that the addition is constructed safely and in accordance with this approval; 2) the proposed project will comply with all City Regulations; 3) the proposed project will be compatible with similar projects in the vicinity; 4) the steel posts and roof of the carport will be painted to match the existing building on site; and 5) the noise generated from the construction will be minimal and will not create a nuisance. D. The subject site is physically suitable for the type and intensity of the approved development because: 1) the subject property is zoned M-1 (Light Industrial) and the proposed project includes the addition of an unenclosed 4,456 square foot covered outdoor storage area adjacent to the existing building on site that is consistent with the development regulations for the M-1 Zoning District; and 2) the proposed covered outdoor storage area will be compatible with the existing uses in the neighborhood. E. Impacts to existing slopes and topographic features are addressed because: 1) the property site is relatively flat; and 2) grading will not be required for the proposed exterior modification, which consists of the addition of a covered outdoor storage area to the site. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity because: 1) the proposed outdoor storage area will complement the existing building on Page 3 of 8 site, thereby enhancing the overall site; and 2) the colors and materials used for the covered outdoor storage area are consistent with the existing building on site. G. Landscape considerations, including the location, type, size, color, texture, and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the project consists of an existing light industrial property that is landscaped. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles because: 1) no changes are being proposed to the site's circulation pattern. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby approve PLPA-2011-00057, All American Label Conditional Use Permit and Site Development Review Permit, to construct and operate an unenclosed outdoor storage area at 6958 Sierra Court, APN 941-2756-006. The project approval shall be subject to compliance with the following Conditions of Approval for a Conditional Use Permit and Site Development Review 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: ~PLI Planning fBl Building, jP01 Police, fPW1 Public Works fADM1 Administration/City Attorney fFINI Finance, fF1 Alameda County Fire Department, fDSRSDI Dublin San Ramon Services District fC01 Alameda County Department of Environmental Health. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to• GENERAL -Site Development Review and Conditional Use Permit 1. Approval. This Conditional Use Permit and Site PL On-going Standard Development Review approval is for an unenclosed 4,456 square foot covered outdoor storage area located at 6958 Sierra Court. This approval shall be as generally depicted and indicated on the plans prepared by Charles Huff, Architect, dated received January 25, 2012 and on file in the Community Development Department, and as specified by the following Conditions of Approval for this project. 2. Permit Expiration. Construction or use shall commence PL One year of 8.96.020.D within one (1) year of permit approval, or the permit shall approval lapse and become null and void. Commencement of date construction or use means the actual construction or use pursuant to the permit approval, or demonstrating substantial progress toward commencing such construction or 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 ma be processed concurrent) with Page 4 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to• 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-maker PL One year of 8.96.020.E may, upon the Applicant's written request for an approval extension of approval prior to expiration, and upon the date determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of a royal fora eriod not to exceed six 6 months. 4. Permit Validity. This Conditional Use Permit and Site PL On-going 8.96.020.E Development Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the ro~ect's conditions of a royal. 5. Revocation of permit. The Site Development Review PL On-going 8.96.020.1 and Conditional Use Permit approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 6. Clean-up. The Applicant/Developer shall be responsible PL On-going Standard for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 7. Modifications. Modifications or changes to this Site PL On-going 8.104 Development Review approval may be considered in the manner directed by Chapter 8.104 (Site Development Review of the Zonin Ordinance. 8. Controlling Activities. The Applicant/Developer shall PL On-going Standard control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 9. Accessory/Temporary Structures. The use of any PL On-going 8.108.020 accessory or temporary structures, such as storage sheds or trailer/ container units used for storage or for any other purposes, shall be subject to review and approval b the Communit Development Director. 10. Fees. Applicant/Developer shall pay all applicable fees Various Issuance of Standard in effect at the time of building permit issuance, including, building but not limited to, Planning fees, Building fees, TVTC permit fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, City of Dublin Fire Services fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that ma be ado ted and applicable. 11. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable Dublin building Fire, Dublin Public Works Department, Dublin Building permit Department, Dublin Police Services, Alameda Count Page 5 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. 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. PRO JECT SPECIFIC -SITE DEVELOPMENT REVIEW 12. Covered Storage Area. The unenclosed, covered PL Final Planning outdoor storage area shall consist of a 4,456 square foot inspection steel carport structure. The steel column poles shall be painted to match the existing building. The roof shall consist of steel painted to match the roof color of the existin buildin . 13. Parking Lot. The parking area shall be re-striped to PL/PW Final Planning/Public accommodate 30 parking spaces as shown on Sheet 2 inspection Works of the Project Plans. The parking dimensions shall meet the dimensional requirements specified in Chapter 8.76 of the Dublin Zonin Ordinance. 14. Landscaping. Any landscaping disturbed or damaged PL Final Planning during construction shall be replaced in kind, to the inspection satisfaction of the Director of Communit Development. 15. Construction Fencing. The use of any temporary PW, PO, Installation Public Works/ construction fencing shall be subject to the review and F, B Police/Fire/ approval of the Public Works Director, Dublin Police Building Services, the Fire Marshal, and the Buildin Official. BUI LDING DIVISION 16. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and completion ordinances in effect at the time of building permit. When additions are made to existing buildings, the work shall comply with all provisions of Division 1 Chapter 11 B of the CBC. The requirements apply to the area of specific addition and the following areas (11346.2 2010 CBC): The primary entrance to the building and the primary path of travel to the addition, Sanitary facilities, Drinking fountains, Signs, and Public telephones. In addition, the plans will need to show an accessible egress point from the buildin to the ublic wa . 17. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit seven (7) sets of building construction plans to the Building Division for plan check. permits 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 or have been com lied with. Construction lans will not be Page 6 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 18. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) building accurately drawn (depicting all existing and proposed permits conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape Ian and details shall be consistent with each other. 19. Addressing. Address wilt be required on all doors B Final Building leading to the exterior of the building. Addresses shall Inspection be illuminated and be able to be seen from the street, 4 inches in hei ht minimum. 20. Engineer Observation. For the installed and covered B Issuance of Building components of the carport, a plan shall be submitted to building determine what forensic inspections are required and permits how the items will be verified to the approved plans shall be submitted for review and approval. The Applicant shall work with the Building Official to determine which areas shall be excavated or x-rayed to determine com liance with the a roved lans. 21. The Engineer of record shall be retained to provide B Frame Building observation services for all components of the lateral and Inspection vertical design of the building, including nailing, hold- downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame ins ection. 22. Electronic File. The Applicant/Developer shall submit all B Final Building building drawings and specifications for this project in an Inspection electronic format to the satisfaction of the Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated as an "As Built" electronic file and submitted prior to the issuance of the final occu anc . FIRE PREVENTION DIVISION 23. Fire Codes. The project shall comply with the applicable F Through Fire Building and Fire Codes at the time of building permit Completion issuance. 24. The entire project will be equipped with a NFPA 13 Fire F Final Fire S rinkler S stem. Inspection DUB LIN POLICE SERVICES 25. Non Residential Security Requirements. The Applicant PO On-going Police shall comply with all applicable City of Dublin Non Residential Securit Ordinance Re uirements. Page 7 of 8 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 26. Graffiti. The Developer and/or Property Owner shall keep PO On-going Police the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistance materials and folic a should be used. PUB LIC WORKS bEPARTMENT 27. Accessible Parking. The Applicant shall provide at least Prior to Public Works one disabled accessible stall that is wide enough to Final accommodate a "Van Accessible" stall and the pavement slopes do not exceed 2% in any direction. All required disabled stalls shall meet the current Title 24/ADA standards. 28. Handrails. The Applicant shall provide a handrail along the PW Prior to Public Works existing path of travel from the accessible parking space to Final the rims entrance of the buildin . 29. Storm Drain Filter. The Applicant shall install a "Triton" PW Prior to Public Works Storm drain filter in the catch basin. Final PASSED, APPROVED AND ADOPTED this 14th day of February 2012. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager G:IPA#120111PLPA-2011-00057 AA Label SDR - unenclosedlPC Reso.docx Page 8 of 8