The URL can be used to link to this page

Home My WebLink About03-012 TriVlly AtoWhlsl 06-24-2003AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: JUNE 24, 2003 SUBJECT: PUBLIC HEARING - PA 03-012, Tri-Valley Auto Wholesale Conditional Use Permit Amendment for additional outdoor vehicle display at an Auto Sales and Service establishment at 6398 Dougherty Road #10-12 (Amending PA 02-019) (Report prepared by: Kristi Bascom, Associate Planner) ATTACHMENTS: 1. Site Plan with Location Map 2. Parking Analysis for Dublin Industrial Center 3. Resolution denying Conditional Use Permit amendment for additional outdoor vehicle display at an Auto Sales and Service establishment RECOMMENDATION: 1. Open public hearing and hear Staff presentation. 2. Take testimony from the Applicant and the public. 3. Question Staff, Applicant and the public. 4. Close public hearing and deliberate. 5. Adopt Resolution (Attachment 3) denying Conditional Use Permit amendment for additional outdoor vehicle display at an Auto Sales and Service establishment. PROJECT DESCRIPTION: Tri Valley Auto Wholesale is requesting to amend their Conditional Use Permit to allow additional outdoor display totaling twelve (12) vehicles on weekends and holidays. The original Conditional Use Permit (PA 02-019) for the business (approved on August 13, 2002) allows three (3) for-sale vehicles to be displayed outside in the parking lot while the remainder of the vehicles are displayed indoors. Since the time of the original approval, the City's Code Enforcement Officer has noted that more cars than permitted were being displayed outside, at times parked illegally outside of designated parking spaces. To permit the display of more than three for-sale vehicles, the applicant has requested to amend the Conditional Use Permit. BACKGROUND: At their meeting on August 13, 2002, the Planning Commission approved a Conditional Use Permit (PA 02-019) to allow an Auto Sales and Service establishment in an existing industrial building located at 6398 Dougherty Road. The business is located within Suites 10, 11, and 12 in the building known as the Dublin Industrial Center. The building was approved by Alameda County in 1976 and designed for industrial and commercial service-type users. The zoning district for the site is Planned Development (a C-2 and M-1 combination district) that allows a variety of general commercial and light industrial uses. The building G:1PA#12003\03-012 Tri Valley Auto\PC Staff Report.doc COPIES TO: Applicant Property Owner PA File Project Manager ITEM NO. contains forty (40) individual suites in a total of 55,500 square feet, and has 120 parking spaces (a parking ratio of 1 space per 462 square feet of building area, or approximately three spaces per suite). Tri-Valley Auto Wholesale occupies three (3) suites in the building, utilizing a total of 3,750 square feet of space. Tri-Valley Auto Wholesale averages about 10-15 cars per month that are serviced by the company and then sold to the customer. Tri-Valley Auto Wholesale has indicated that they do not normally service cars they are not selling. The business has three (3) employees and is open Monday through Friday from 9:00- 6:00 p.m., Saturday and Sunday from 9:00-5:00 p.m. ANALYSIS: Pursuant to the Dublin Zoning Ordinance, Vehicle Repair and Service uses are permitted by right in any C-2 (General Commercial) zoning district, but because the applicant has a vehicle sales component to his business, a Conditional Use Permit was required. Parkin Based on the square footage occupied in the building and type of the business being conducted, the following parking is required for their use: Use Parkin re uired Auto dis lay area (2380 s uare feet) -ratio 1 er 1000 s uare feet 3 s aces Office (120 s uare feet) -ratio 1 er 250 s uare feet 1 s ace Service/re air area (1250 square feet) -ratio 1 per 400 s uare feet 3 s aces TOTAL 7 s aces Based on the amount of space leased by Tri-Valley Auto Wholesale in the Dublin Industrial Center, the business has ten (10) parking spaces available to them. For the original Conditional Use Permit approval, Staff concluded that if the business requires seven (7) spaces per the parking ordinance and the applicant has ten (10) spaces available to them, then it is reasonable to allow three (3) spaces to be used for the outdoor display of vehicles. Attachment 2 is a brief parking analysis Staff completed to determine if there are "extra" parking spaces on site which could be available to other uses. Condition of Approval No. 6 in the original CUP (PA 02-019) placed limitations on the space used for outdoor display: 6. Limited outdoor activity. All activities associated with the Automobile Sales and Service establishment shall be conducted entirely within the enclosed building, with the following exceptions: a) A maximum of three (3) for-sale vehicles may be parked outside the building. For-sale vehicles parked outdoors must be operable and have current vehicle registration. b) Any repair vehicles temporarily parked outdoors must be operable and have current vehicle registration. c) No service or repair work can be conducted outdoors. d) No repair vehicles maybe left outside overnight. e) The number of vehicles (including for-sale, repair, employee, or customer vehicles) parked outdoors at any time shall not exceed the ten (10) parking spaces allotted to this business by the property owner/manager. ~ No signs, flags, banners, balloons, or pennants may be mounted or installed without a permit from the City of Dublin per Dublin Municipal Code Chapter 8.84 (Sign 2 Regulations). No signage that is described under Section 8.84.150 (Prohibited Signs) maybe installed at any time. The applicant has repeatedly violated these restrictions on outdoor display and routinely displays nine or more cars on the weekends. In an attempt to legalize this practice, the applicant is requesting to amend the Conditional Use Permit (PA 02-019) to allow the outdoor display of twelve (12) vehicles on weekends and holidays; nine (9) more than are currently allowed. Although the applicant has authorization from other tenants in the building to utilize their parking spaces on the weekends and holidays when he wants to display more vehicles, many of these businesses are also open weekends and will be using the parking for their own clients and employees. Site Design and Compatibility When a project application is received for a used car facility with display area, great attention is paid to building architecture, site design and layout, landscaping, vehicle and pedestrian circulation, and other aesthetic issues, as was done with the recent Palace Auto SDR/CUP application at 5945 Dougherty Road. The Dublin Industrial Center functions well as an industrial facility, but the building and parking layout do not allow for an attractive vehicle display area, indicating that the site is not suited for the type and intensity of the use being proposed (one of the required findings in order to approve a Conditional Use Permit application). If the site were to be redesigned in order to accommodate the required auto display area amenities as noted above, it would be required to address other site deficiencies at that time, such as a lack of disabled- accessible parking, lack of a proper truck loading zone, and insufficient landscaping. Clearly the site is not large enough to accommodate the parking required for all of the building tenants, disabled parking, and truck loading, as well as an attractive vehicle display area for Tri-Valley Auto Wholesale. If the site is not suited for the proposed project, then the Conditional Use Permit findings cannot be made. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the California Environmental Quality Act Guidelines. The project consists of minor modifications to an existing building and is consistent with all General Plan and Zoning regulations and is currently served by all required utilities and public services. CONCLUSION: Staff supported the approval of the original Conditional Use Permit for an Auto Sales and Service establishment in this location because the building was originally built and intended to be used for industrial and commercial service uses, such as auto-related businesses. However, Staff proposed Conditions of Approval to ensure the use did not have negative impacts on surrounding businesses and residents. One of the key conditions (number 6 listed above) addressed limiting the outdoor parking of for-sale vehicles in order to maintain awell-functioning commercial/industrial site and minimize the "used car lot" appearance of the facility. When the original Conditional Use Permit was approved, several findings were made, including that the subject site is physically suitable for the type, density, and intensity of the use and related structures being proposed. Staff agreed that Vehicle Service and Sales with very limited outdoor display was appropriate, but Staff does not believe the site is physically suitable for an expanded vehicle display area. A few cars parked unobtrusively in parking spaces is in keeping with the industrial nature of the building, but transforming the parking lot into a used car lot on the weekends is not consistent with the required Conditional Use Permit findings. 3 If the Planning Commission denies the request for an amendment to Conditional Use Permit PA 02-019 as is recommended by Staff, and if the applicant continues to display more than three (3) vehicles outdoors, the Conditional Use Permit would be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Staff would then schedule the item for a future Planning Commission meeting to consider revocation of the Conditional Use Permit. RECOMMENDATION: Staff recommends that the Planning Commission: 1) open public hearing and hear Staff presentation, 2) take testimony from the Applicant and the public, 3) question Staff, applicant and the public, 4) close public hearing and deliberate, and 5) adopt Resolution (Attachment 3) denying Conditional Use Permit amendment for additional outdoor vehicle display at an Auto Sales and Service establishment, leaving the original Conditional Use Permit (PA 02-019) approval in effect. 4 GENERAL INFORMATION: APPLICANT: Danny R. Jones, Tri-Valley Auto Wholesale, 6398 Dougherty Road #12, Dublin, CA 94568 PROPERTY OWNER: Janice De Leon, Murco Management Inc., 39111 Paseo Padre Parkway #310, Fremont, CA 94538 LOCATION: 6398 Dougherty Road, Suites 10, 11, 12 (APN 941-0205-025) GENERAL PLAN DESIGNATION: Retail /Office and Automotive EXISTING ZONING AND LAND USE: Zoning: Planned Development (C-2 and M-1) Existing Land Use: Industrial/Commercial Service Uses G:\PA#\2003\03-012\PC Staff Report.doc 5 ~ d° ]~ 6, ~3t ~ ~ -~ -~ F _ t~ ~. '~ I ~, ~ C~~ ~ ~ ~ ~; a _ _ I pp h d ~ n ~ 1 -'~ ESL 1 FC S ~' - ~d t~' "~ ~ ~ 'GS 5 ~ al'"ll'~ }~' ~~ ~ -~, f ~' Y~ ; ~. -. ~+ .t:~:.. ,.Q. ~ ~ ~~{ a ~ r r ,'~,- n -~ Y r `~ 1 z e' a +~ ~` ~ arc. ~" vi ~-?~'4r~71. N.4. py~ ~:56T~~~~1~-aeY' ~. r _ ~~ ~- .' _ .. .-Kr ~~AC" _ ___ -. r ~'~ l ~ ~y~^ Ld ~ ~ _, lam' Vv ~X• Yi - \ k J 1 __ ~ ~ ~ ~ ~~, „~' ~, 9 ~ . - yy~ :. ; ~~~ Parking Analysis for Dublin Industrial Center based on Use Type Parking Suite # Suite size Business Name Use Type Parking Regs. Req'd. 1 1250 H & H Pool Service Office 1 per 250 5 2 1250 H & H Pool Service Storage 1 per 1000 2 3 1250 H & H Pool Service Storage 1 per 1000 2 4 1250 Vacant - 1 per1000 2 5 1250 Diablo Shutters Office & Retail 1 per 250 5 6 1250 Unknown Storage 1 per 1000 2 7 1750 Hop Tech Office & Retail 1 per 250 7 8 1750 Tri Valley Auto Storage 1 per 1000 2 9 1250 A-1 Upholstery Auto Service and Repair 1 per 400 3 10 1250 Tri Valley Auto Auto Sales and Service - 11 1250 Tri Valley Auto Auto Sales and Service - 12 1250 Tri Valley Auto Auto Sales and Service 7 13 1750 Jeffs Performance Auto Auto Service and Repair 1 per 400 - 14 1750 Jeffs Performance Auto Auto Service and Repair 1 per 400 9 15 1250 One Source Mailing & Marketing Office 1 per 250 5 16 1250 Jim Hughes Medical Supplies Office & Storage 1 per 250 2 17 1250 Tile Setters Toy Store Office & Retail 1 per 250 5 18 1250 Unknown Storage 1 per 1000 2 19 1750 Stan Hodge Glass Supply Office & Storage 1 per 250 4 20 1750 Stan Hodge Glass Supply Storage 1 per 1000 2 21 1250 Crown Mechanical (HVAC) Office & Storage 1 per 250, 1 per 1000 2 22 1250 Tile Setters Toy Store Storage 1 per 1000 2 23 1250 Autobahn Auto Repair Auto Service and Repair 1 per 400 3 24 1250 Unknown Storage 1 per 1000 2 25 1750 Select Imaging Printing and Publishing 1 per 1000 2 26 1750 Select Imaging Printing and Publishing 1 per 1000 2 27 1250 Select Imaging Office 1 per 250 5 28 1250 Select Imaging Printing and Publishing 1 per 1000 2 29 1250 Sav On Janitorial Supply Office 1 per 250 5 30 1250 Matthews Enterprise Vending Office & Storage 1 per 250 2 31 1750 Sav On Janitorial Supply Storage 1 per 1000 2 32 1750 Sav On Janitorial Supply Storage 1 per 1000 2 33 1250 Sav On Janitorial Supply Storage 1 per 1000 2 34 1250 Unknown Storage 1 per 1000 2 35 1250 Alarm Contractors, Inc. Office 1 per 250 5 36 1250 Tile Setters Toy Store Storage 1 per 1000 2 37 1500 Turbo Spas Office & Retail 1 per 250 6 38 1500 Turbo Spas Storage 1 per 1000 2 39 1250 T & C Auto Wholesale Auto Sales - 40 1250 T & C Auto Wholesale Auto Sales 5 Parking Required for Dublin Industrial Center based on Use Types 121 Parking Spaces Provided 120 Parking Deficit -1 ATTACHMENT a RESOLUTION NO. 03- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING A CONDITIONAL USE PERMIT AMENDMENT FOR ADDITIONAL OUTDOOR VEHICLE DISPLAY AT AN AUTO SALES AND SERVICE ESTABLISHMENT LOCATED AT 6398 DOUGHERTY ROAD, SUITES 10, 11, AND 12 PA 03-012 WHEREAS, the applicant, Danny Jones of Tri-Valley Auto Wholesale, received approval of a Conditional Use Permit (PA 02-019) on August 13, 2002 to establish a Automobile Sales and Service establishment within an existing industrial building located at 6398 Dougherty Road, Suites 10, 11, and 12, within a Planned Development (C-2 General Commercial/M-1 Light Industrial) zoning district; and WHEREAS, the Conditions of Approval approved for the project were intended to limit or eliminate any negative impacts the Automobile Sales and Service establishment could have on surrounding businesses and residents; and WHEREAS, one of the conditions of the approval limited the outdoor display of for-sale vehicles to a maximum of three (3) so as not to create a public or private nuisance to the existing and surrounding businesses and residents; and WHEREAS, the applicant has requested to display twelve (12) for-sale vehicles outdoors on the weekends and holidays, which requires an amendment of the original Conditional Use Permit; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on June 24, 2003; 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, a Staff Report was submitted to the Planning Commission outlining the issues of the Conditional Use Permit amendment request; 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; and WHEREAS, the Planning Commission has found that additional outdoor vehicle display is not appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find that A. Although the Automobile Sales and Service use is compatible with other land uses, transportation and service facilities in the vicinity, the additional outdoor display of for-sale vehicles is not because nearby businesses in the center are of an industrial nature, including automobile service, glass ATTACHMENT 3 installation, woodworking, upholstery, and other similar uses, and are conducted entirely within the building. B. The subject site is not physically suitable for the type, density and intensity of the use being proposed. The existing industrial building and its parking facilities are of adequate size to serve the employees and customers of the existing tenant businesses, but are not designed or sized to function as a used car dealership vehicle display area. C. The proposed use is not compatible with the specific intent established for the Planned Development (C-2/M-1) Zoning District as it was adopted in 1976. The industrial building was constructed for the purposes of housing indoor industrial and commercial service-type users and the parking lot was designed to serve the employees and customers of the tenant businesses. The Planned Development zoning district did not contain standards for outdoor display areas nor was the building and site designed to accommodate an outdoor display area in addition to the required parking for the site. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny PA 03-012, an amendment to Conditional Use Permit PA 02-019, a request to allow additional outdoor parking at an Auto Sales and Service establishment at 6398 Dougherty Road #10-12, within a Planned Development (C-2 General Commercial/M-1 Light Industrial) zoning district. The original Conditional Use Permit (PA 02-019) remains in effect, as do all of the conditions associated with that approval. PASSED, APPROVED, AND ADOPTED this 24th day of June 2003. AYES: NOES: ABSENT: ATTEST: Planning Manager Planning Commission Vice Chairperson G:\PA#\2003\03-012\PC Resos.doc