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HomeMy WebLinkAboutPCReso03-29 PA03-022 Tri-Valley Clutch CUP RESOLUTION NO. 03-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT REQUEST FOR PA 03-022 TO OPERATE AN AUTO REPAIR AND SERVICE ESTABLISHMENT IN AN EXISTING BUILDING WITHIN A M-1 ZONING DISTRICT AT 6345 SCARLETT COURT, ASSESSOR PARCEL NUMBER 941-0550-015-05 WHEREAS, the applicant, Don Tupper of Tri-Valley Clutch, has requested approval of a Conditional Use Permit to establish an auto repair and service establishment in an existing building at 6345 Scarlett Court, within a M-1 (Light Industrial) zoning district; WHEREAS, the building at 6345 Scarlett Court was approved for construction in 1971 and was designed and built for the purposes of housing industrial and commercial service-type users; and WHEREAS, the proposed use of Auto Repair and Service is permitted in the M-1 (Light Industrial) zoning districts with a Conditional Use Permit approved by the Planning Commission; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301; and WHEREAS, the Conditions of Approval proposed will limit or eliminate any negative impacts the Automobile Repair and Service establishment could have on surrounding businesses and residents; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on June 10, 2003; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find that: mo The proposed use and related structure is compatible with other land uses, transportation and service facilities in the vicinity, because it is in an existing industrial and commercial building with similar surrounding uses. Nearby businesses in this industrial area include automobile service, glass installation, warehousing and distribution, and similar uses. The proposed use 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, because the proposed use creates no recognizable negative impacts and the proposed use will serve a public need by providing a service to the community. The proposed use will not be injurious to property or improvements in the neighborhood because the site is adjacent to like commercial and industrial uses. There are adequate existing provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health, safety, and welfare, because no facilities will be altered, and no increase in public service demands will result from the proposed use. The subject site is physically suitable for the type, density and intensity of the use being proposed because the existing industrial building and site is of adequate size to serve the use. The proposed use is compatible with the specific intent established for the M-1 (Light Industrial) zoning district, which is to "provide appropriate industrial areas to accommodate enterprises engaged in manufacturing, processing, and repairing goods, merchandise, or equipment." The proposed use is consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 03-022, a Conditional Use Permit request to establish an Automobile Repair and Service establishment within an existing industrial building located at 6345 Scarlett Court, within a M-1 (Light Industrial) zoning district, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL: This Conditional Use Permit approval for PA 03-022 establishes an Automobile Repair and Service establishment within an existing industrial building located at 6345 Scarlett Court, within a M-1 (Light Industrial) zoning district and further identified as APN 941-0550-015-05. This Conditional Use Permit shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the project's conditions of approval. The Conditional Use Permit will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Unless stated otherwise, all Conditions of Approval shall be complied with prior to the 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 [DEH]. 1) Review and Permitting Authority. The applicant shall comply with all applicable regulations and requirements of the Dublin Community Development Department -- Building Division and Planning Division, Alameda County Fire Department, Dublin Police Services, and Dublin Public Works Department. [All] 2) Nuisance. The applicant shall control all business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. [PL, PO] 3) Approval period. This approval shall become null and void in the event the approved uses cease to operate for a one-year period. [PL] 4) Revocation. This permit shall be revocable for cause in accordance with Dublin Zoning Ordinance Section 8.96.020.I, Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. [PL, PO] 5) Limited outdoor activity. a) All activities associated with the Automobile Repair and Service establishment shall be conducted entirely within the enclosed building, except that any repair vehicles temporarily parked outside of the building during the day must be operable and have current vehicle registration. b) No service or repair work can be conducted outside of the building. c) No vehicles, vehicle parts, or equipment associated with the business may be stored outside of the building. d) No vehicles in for service or repair may be left outside of the building overnight. [PL] 6) Building Alterations. Any upgrades to the tenant space will require Building Permits and plans and calculations prepared by a Califomia licensed Architect or Engineer. [B] 7) Safe, Clean and Litter-Free. Both the applicant and property owner shall be responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. [PL, PO] 8) Security. The applicant shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. [PO] 9) Building Identification. Addressing and building numbers shall be visible from all approaches to the building. Any rear exit doors shall display the business name and address in 3" high lettering. [PO] 10) Graffiti. The applicant shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials should be used. [PO] ll)Theft protection. The applicant shall work with Dublin Police on an ongoing basis to establish an effective theft prevention and security program. [PO] 12) Exiting the building. Employee exit doors shall be equipped with 180-degree viewers if there is not a burglary resistant window panel in the door from which to scan the exterior. [PO] 13) Fire Safety. The following conditions are required by the Alameda County Fire Department: a) Approved numbers or addresses should be placed on all buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. b) Knox boxes are required at the entrance to the building and at any gates that block Fire Department access. c) The Applicant shall provide information on the location and quantities of any hazardous materials including any tanks. d) The Applicant shall provide a letter stating that no cutting, welding, open flame, or draining of fuel will be done in the building. e) The tenant space shall be in compliance with Building and Fire Codes as adopted by the City of Dublin. [F] 14) Parking. The Applicant is required to stripe the parking spaces necessary to serve this tenant space. Six regular spaces (9' x 20') and one disabled-access parking stall are required. [PW] 15)Water Quality. The Applicant must comply with the Alameda County Clean Water Program (Commercial and Industrial Pollution Control Section), which has been provided directly to the Applicant. The stormwater pollution prevention methods contained within should be implemented and practiced to avoid any citation from the City of Dublin or the Regional Water Quality Control Board. [PW] PASSED, APPROVED, AND ADOPTED this 10th day of June 2003. AYES: Cm. Fasulkey, Jennings, Nassar, Machtmes, and King NOES: ABSENT: /,;l~lanning~iCormh[si-o~n Ch~~n Eddie Peabody, Jr., Community D~vetol~nent Director G:\PA#X2003\03-022~PC Reso with COAs.doc