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HomeMy WebLinkAbout8.1 Attch 2 Reso Appr'vg CUP to Operate Facility RESOLUTION NO. 13-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOBILENEHICLE SALES AND SERVICE FACILITY (FIAT DEALERSHIP) AT 4300 JOHN MONEGO COURT PLPA-2012-00057 WHEREAS, the Applicant, Inder Dosanjh, has requested approval of a Conditional Use Permit to operate a vehicle sales and service facility, in the PD (Planned Development) Zoning District at 4300 John Monego Court; and WHEREAS, the Applicant has also requested approval of a Site Development Review Permit to construct an 13,130 square foot dealership building which includes offices, a showroom and a service facility and related improvements; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted Project Plans dated received January 17, 2013; 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, the proposed project is an anticipated component of the larger General Motors Auto Mall project. The General Motors Auto Mall was previously determined to be within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064); therefore, the proposed project is within the scope of the Program and EIR and no further environmental analysis is required; and WHEREAS, the Planning Commission is the reviewing body for a Conditional Use Permit request to operate an Automobile/Vehicles Sales and Service facility in the PD, Planned Development, Zoning District; and WHEREAS, a Staff Report was submitted outlining the request and recommending approval of the Conditional Use Permit; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on April 9, 2013; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used independent judgment to make a decision; and ATTACHMENT 2 WHEREAS, the Planning Commission has found that the proposed Project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby make the following findings and determinations.. 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 project is within the General Motors Auto Mall which has a wide variety of automobile related uses; 2) pursuant to the Planned Development Plan for the General Motors Auto Mall, AutomobileNehicle Sales and Service facilities are permitted in the PD (Planned Development) Zoning District with a Conditional Use Permit; 3) the service facility will be located within the 13,130 square foot building and no service work will be conducted outside; and 4) the proposed use, as conditioned, will be compatible with surrounding uses. 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 is adequately conditioned to ensure that the operation has no recognizable negative impacts to the existing uses in the area; and 2) the proposed Facility will comply with all of the City of Dublin regulations. C. The proposed use will not be injurious to property or improvements in the neighborhood because: 1) the proposed project will comply with all City of Dublin regulations; and 2) Conditions of Approval have been included to ensure that the use is compatible with the surrounding neighborhood. 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 service facility will be operated completely within a building that will be serviced by all appropriate utilities and infrastructure; and 2) the area was designed to accommodate automobile uses, and the proposed use fits in with the intended uses of the area. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because: 1) access to the site will be located from John Monego Court, which is an existing roadway; 2) the facility will be located in an area which was designed to support a variety of auto related uses; 3) the proposed use is allowed pursuant to an approved Conditional Use Permit; and 4) vehicles will be displayed on the site in an orderly fashion. F. The proposed use will not be contrary to the specific intent clauses, development regulations, and performance standards established for the PD, Planned Development, Zoning District because: 1) the proposed use is a Conditional Use in the PD (Planned Development) Zoning District and is permitted when the required findings as stated in Section 8.100.060 of the Dublin Zoning Ordinance can be made; 2) Conditions of Approval have been applied to the Project to ensure on-going compatibility with surrounding uses; 3) Section 8.76.080.D outlines the parking requirements for use types; 4) a total of 72 on-site parking stalls will be provided for employees and visitors in accordance with the requirements of the Zoning Ordinance; 5) the Facility is compatible with the existing uses 2 of 6 found in the General Motors Auto Mall and therefore meets the requirements of the Dublin Zoning Ordinance; and 6) the proposed dealership will provide a use that meets the needs of the residents as well as the region and provides expanded automobile services in the City. 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 community that is consistent with the intent of the General Commercial General Plan Land Use designation. BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby conditionally approve PLPA-2012-00057 Fiat Dealership Conditional Use Permit to operate a AutomobileNehicle Sales and Service facility located at 4300 John Monego Court. The project approval shall be subject to compliance with the following Conditions of Approval for said Conditional Use 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: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. NO. CONDITIONS OF APPROVAL Agency When Source 9 Y Required PLANNING 1. Approval. This Conditional Use Permit approval for PL On-going Standard PLPA-2012-00057 is to allow the operation of vehicles sales and service (Fiat Dealership) located at 4300 John Monego Court. This approval shall generally conform to the project plans received by the Planning Division on January 17, 2013 unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approval of this Conditional Use PL One year DMC Permit shall be valid for one year from the effective date. from date of This approval shall be null and void in the event the approval 8.96.020.D approved use fails to be established within one year. Commencement of the use means the establishment of use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such 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 may be processed concurrently with 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 of 6 NO. CONDITIONS OF APPROVAL Agency When Source 9 Y Required 3. Time Extension. The original approving decision- PL Prior to DMC maker may, upon the Applicant's written request for an Expiration extension of approval prior to expiration, upon the Date 8.96.020.E determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. 4. Compliance. The Applicant/Property Owner shall PL On-going Standard operate this use in compliance with the Conditions of Approval of this Conditional Use Permit, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 5. Revocation of Permit. This Conditional Use Permit PL On-going DMC approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any 8.96.020.1 violation of the terms or conditions of this permit shall be subject to citation. 6. Null and Void. This approval shall become null and PL On-going Planning void in the event that the approved use has ceased or was suspended for 12 or more consecutive months after the use commences. 7. Annual Review. On an annual basis, the Conditional PL On-going Planning Use Permit approval may be subject to review by the Community Development Director to determine compliance with the Conditions of Approval. 8. Minor Amendments. Modifications or changes to this PL On-going Standard Conditional Use Permit approval may be considered and approved by the Community Development Director, if the propose modifications or changes comply with Section 8.100.080 of the Zoning Ordinance. 9. Hold Harmless. The Applicant/Developer shall defend, PL On-going Standard indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City and its agents, officers, or employees to attack, set aside, or annul an approval of the City of Dublin or its advisory agency, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City of the site development review; provided, however, that the Applicant/Developer's duty to defend, indemnify, and hold harmless under this provision shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's 4 of 6 NO. CONDITIONS OF APPROVAL Agency When Source g y Required cooperation in the defense of such actions or proceedings. 10. Fees. The Applicant shall pay all applicable fees in PL On-going Standard effect at the time of building permit issuance, including, but not limited to, Planning Fees, Building Fees, Dublin San Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, City of Dublin Fire Bureau fees, Noise Mitigation fees, Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing improvements. PLANNING DIVISION — PROJECT SPECIFIC 11. Noise/Nuisance. The Applicant shall control all PL On-going Planning business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. No amplified sounds, loudspeakers or music shall be permitted outside the building. 12. Clean-up. The operators of the dealership are PL On-going CUP responsible for picking up all trash associated with the use several times per day throughout the parking lot and street. 13. Services. No service work or repairs shall be conducted PL On-going Planning outdoors. 14. Inventory Vehicle Storage and Parking. No vehicles, PL On-going Planning other than vehicles for sale, shall be stored on the premises on a regular basis. Campers, trucks or recreational vehicles may not be stored outside. No vehicle shall be parked in any fire lanes and must be located in designated parking stalls. 15. Vehicle Deliveries. All vehicle deliveries shall be PL On-going Planning located on-site. 16. Vehicle Displays. Vehicles shall be displayed in the PL On-going Planning vehicle display areas shown on the approved site plans. Any additional vehicle display areas are subject to review and approval by the Community Development Director. 17. Parking Requirements. The Applicant shall provide PL On-going Planning parking as shown in the project plans. All parking spaces shall be striped according to the requirements of the City of Dublin Zoning Ordinance, except in certain areas of the site otherwise reflected on the site plans 5 of 6 NO. CONDITIONS OF APPROVAL Agency When Source g y Required included with this approval. Disabled, visitor, employee, and compact parking spaces shall be appropriately identified on the pavement. 18. Vehicle Display & Promotional Activity. In PL On-going Planning accordance with the Zoning Ordinance, all promotional activity (including pennants, balloons, banners and tents) shall be subject to the approval of a Temporary Use Permit. 19. Vehicle Display & Promotional Activity. In PL On-going Planning accordance with the Zoning Ordinance, all promotional activity (including pennants, balloons, banners and tents) shall be subject to the approval of a Temporary Use Permit. 20. Inventory. All vehicles shall be displayed in an orderly PL On-going Planning fashion adjacent to John Monego Court. 21. Temporary Signage. All temporary signage shall PL On-going Planning conform to the requirements of the Dublin Zoning Ordinance at all times. PASSED, APPROVED AND ADOPTED this 91" day of April, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G_1PAM20121PLPA-2012-00057 Dublin FiatlPlanning Commission 4.9.131PC CUP Reso.doc 6of6