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HomeMy WebLinkAbout03-013 T&C Auto Whlsl 06-24-2003AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: JUNE 24, 2003 SUBJECT: PUBLIC HEARING - PA 03-013, T&C Auto Wholesale Conditional Use Permit for Automobile/Vehicle Sales establishment with outdoor vehicle display at 6398 Dougherty Road, Suites 39-40 (Report prepared by: Pierce Macdonald, Associate Planner) ~i "~ ATTACHMENTS: 1. Written Statement 2. Site Plan and Detail 3. Resolution denying Conditional Use Permit for Auto Sales Use 4. Parking Analysis for Dublin Industrial Center 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 the conditional use permit for an Auto Sales and Service establishment. PROJECT DESCRIPTION: The Applicant, T&C Auto Wholesale, is requesting a Conditional Use Permit to establish an Automobile/Vehicle Sales use (Auto Sales) within existing tenant spaces at 6398 Dougherty Road, suites 39 and 40. The business was established in 1988 (see Attachment 1) as a wholesale use with associated automotive detailing. T&C requests the Planning Commission's approval to change the business to Auto Sales and to allow outdoor display of cars. T&C Auto Wholesale has displayed cars outdoors on an intermittent basis for some time and was contacted by the City of Dublin Zoning Enforcement Officer who requested that the business obtain a Conditional Use Permit. BACKGROUND: T&C Auto Wholesale is located in the building known as the Dublin Industrial Center. The Center is directly adjacent to the Park Sierra Apartments and across Dougherty Road from the Archstone Apartments and the Iron Horse Trail pedestrian/bike bridge and public art. The building was approved by Alameda County in 1976 under M-1 zoning and rezoned to PD zoning in 1979. 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 contains forty (40) individual suites in a total of 55,500 square feet, and has 120 parking G:1PA#12003103-013 T&C Auto\PC Staff Reportl.DOC COPIES TO: Applicant Property Owner PA File Project Manager ''-~ ITEM NO. spaces (a parking ratio of 1 space per 462 square feet of building area). T&C Auto Wholesale occupies two (2) suites in the building, utilizing a total of 2,500 square feet of space. Currently, T&C Auto Wholesale has two (2) owner/employees and is open Monday through Sunday 10:00 a.m. - 5:00 p.m. and by appointment. The business has been displaying approximately eight (8) cars, mainly on the weekend, in violation of the Zoning Ordinance. ANALYSIS: The applicant, T&C Auto Wholesale, was established in 1988 as an automotive wholesale use with associated car detailing. Automotive wholesaling is classified in the Zoning Ordinance as Automobile/Vehicle Brokerage, defined as follows: The term Automobile/Vehicle Brokerage shall mean a business wherein a broker arranges for the sale of automobiles or vehicles to the customers of the brokerage. The Auto Brokerage shall be duly licensed by the Department of Motor Vehicles. No automobiles or trucks shall be kept or displayed on the premises for sale. One parking space shall be maintained for the display of the automobile or vehicle sold when the customer picks up the automobile or vehicle. Pursuant to the Dublin Zoning Ordinance in effect in 1988, a wholesale use was permitted by right in the PD zoning district. However, because the applicants are now requesting to display cars outdoors, the character of the business would change to Auto Sales, which requires a Conditional Use Permit, pursuant to the Zoning Ordinance. Parkin: Staff reviewed the existing parking on the site, handicapped parking, truck loading areas, and the required parking for the proposed use pursuant to the Dublin Zoning Ordinance. Based on the amount of gross floor area leased by T&C Auto Wholesale in the Dublin Industrial Center, the business' pro rata share of parking is five (5) parking spaces. Staff reviewed the required parking for the proposed Auto Sales use. The proposed Auto Sales business would require seven (7) client and employee parking spaces, in addition to an outdoor vehicle display area. Based on the square footage occupied in the building and type of the business being conducted, the following client and employee parking would be required for an Auto Sales use: Pro osed Auto/Vehicle Sales Use Parking required Auto dis lay area (2,286 s uare feet) -ratio 1 er 1000 square feet -Indoor 2 s aces Auto dis lay area (1,500 s uare feet) -ratio 1 er 1000 s uare feet -Outdoor 2 spaces Office (144 s uare feet) -ratio 1 er 250 s uare feet 1 space Service/re air area (70 s uare feet) -ratio 1 er 400 s uare feet 1 space Com any Vehicle (truck) 1 space TOTAL 7 spaces ~ At the time of the City's incorporation, an Automobile Sales Lot required a Conditional Use Permit. A wholesale use conducted entirely within a building was a permitted use. Zoning Administrator records dated June 8, 1977 stated that auto wholesale was defined as office and storage of vehicles for sale to dealers and auctions with no sales to retail customers. Later, in a public hearing on April 2, 1980, the Zoning Administrator approved a conditional use permit at the project site for Ollendick Used Cars subject to the condition that all sales and storage of vehicles shall be conducted within the completely enclosed building. The pre-hearing analysis dated March 26, 1980 recorded that an important planning consideration was that the Applicant requested to use required off-street parking spaces to display vehicles. Therefore, a condition of approval required that the vehicles must be kept inside. 2 Staff found that the site currently provides five (5) spaces and the proposed use would require seven (7) spaces. There would be insufficient parking of two (2) spaces. Parkin~C.~acity: Staff reviewed the existing uses and parking requirements at the site. Based on Staff's analysis (Attachment 4), currently the parking lot does not satisfy the Zoning Ordinance regulations required as a result of the existing uses because the minimum parking required for the existing uses is 121 spaces and the parking lot provides 120. Additionally, the current parking lot configuration has been minimally updated since 1976. Staff reviewed the parking configuration and found that, as a result of the new Auto Sales use, the parking lot would need to be brought up to code. The new regulations require five (5) handicapped spaces, which would remove approximately three (3) parking spaces available to clients and employees. Moreover, Staff reviewed the loading spaces provided for the property. Pursuant to the Zoning Ordinance, a minimum of one (1) loading space is required fora 55,500 square-foot building. Staff found that no designated loading area is identified on the site plan. Provision of a loading area would remove approximately four (4) to eight (8) parking spaces. Vehicle Display: The Applicant requests the ability to display eight (8) vehicles for sale. Currently, there is no designated vehicle display area. The applicant has stated that vehicle display would be in the parking lot, primarily on the weekends and holidays when parking demand is reduced. However, Staff found that the parking lot is not designed for Auto Sales and that car display would use parking designated for clients and employees of the businesses. The Applicant has stated that there is a part of the parking lot that is not striped for vehicle parking and that would be available for car display and client parking. A redesign of the parking configuration would require compliance with current design requirements. The site is constrained by many limitations that would prevent a successful redesign of the property, including the provision of handicapped parking and truck loading spaces, described above. Additional design issues such as landscaping and screening are discussed under the following Design section. According to a letter from the property management company, the applicant has exclusive right to eight (8) parking spaces. The owner's agreement to provide additional parking would not be sufficient to address the inadequate parking condition for the proposed use because the parking lot is currently unable to provide the required parking under the Zoning Ordinance for all of the uses within the Dublin Industrial Center, as shown in Attachment 4. There is insufficient evidence that a parking reduction could be made as required by the Zoning Ordinance or that a distinct car sales area would be feasible at the site, as described below. Design: The proposed Auto Sales use is adjacent to the Park Sierra Apartments. Pursuant to the Landscaping and Fencing regulations in the Zoning Ordinance, an Auto Sales use adjacent to amulti-family use would require an opaque screen, consisting of a six-foot tall fence and regularly spaced trees. The purpose of the screening is to provide a buffer between the residential use and the commercial use. The existing parking lot provides an approximately 12' cement wall, but does not provide a landscaped buffer. In addition, the project site and parking lot do not include many features which are usually required of new 3 Auto Sales uses, such as tree wells, landscaping, differentiated paving of the display area and pedestrian paths, security fencing, and decorative amenities. The Planning Commission recently approved a new Auto Sales use at 5945 Dougherty Road, named Palace Auto. This application was carefully reviewed for project design compatible with the mixed commercial and residential uses on Dougherty Road. Planning considerations included building architecture, site design and layout, landscaping, vehicle and pedestrian circulation, and other aesthetic issues. Conditional Use Permit Findings: Pursuant to the purposes and intent of the Planned Development District and the requirements of Conditional Use Permits, Chapter 8.100, the finding that the proposed use is compatible with other land uses, transportation and service facilities in the vicinity and the finding that the site is physically suitable for the type, density and intensity of use must be made in the affirmative. Staff finds that the proposed use is not compatible with adjacent land uses because of insufficient screening and landscaping between the proposed use and the residential uses to the north. In addition, the current site design is not physically suitable for an Auto Sales use because of the limits on client and employee parking, insufficient truck loading, insufficient landscaping and screening, and insufficient space to design a vehicle display area. 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: Dougherty Road within the vicinity of the project is a mixture of commercial and high-density residential uses and public improvements. The City carefully reviews new projects for sensitivity to and compatibility with the different land uses and public improvements. Staff reviewed the project and found that the current site design and parking configuration are not suitable for a new Automobile/Vehicle Sales use. Therefore, Conditional Use Permit findings cannot be made in the affirmative. 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 for Automobile/Vehicle Sales establishment at 6398 Dougherty Road, Suites 39 and 40. G:\PA#12003\03-0131PC Staff Reportl.doc 4 GENERAL INFORMATION: APPLICANTS: Corey Paparelli and Thomas Ortzow, T&C Auto Wholesale, 6398 Dougherty Road #39 and 40, Dublin, CA 94568 PROPERTY OWNER: Janice De Leon, Murco Management Inc., 39111 Paseo Padre Parkway #310, Fremont, CA 94538 LOCATION: 6398 Dougherty Road, Suites 39 and 40 (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 5 -r~ c fkuto who~esa~e awd Deta~~ Written Statement a. Type of business, activity or use? Direct retail sales of automobiles to consumers, as well as wholesaling vehicles to dealers. b. Number of employees? 2 (owners) c. Proposed hours and days of operation? Monday through Sunday, 70:00 A.M-5:00 P.M or through requested scheduled appointments when necessary to accommodate our customers. d. Specific segment of community targeted? Consumer e. Contributed benefits to the community? Auto sales with value added commitments Annual tax revenues of approximately $125, 000 In which way might business disrupt the peace of surrounding residences/businesses? None g. Negative effects on health/safety of people residing or working in vicinity? None h. Negative impacts on property? None Hazardous waste and substance site? Business project not known to be located on such ~~a1~4~4kr1 ~, ~;~ s ~QQ ~"' f~ _~Et~ NEE ~.f~h~~f'c~i<<. ATTACHMENT ~. ~'~-' ~~'~~~ '~`' ~~ N L~ N N M ~ ±~ r--1 '^ ~ ~ , M u"t N 1 ~ ~~ ~ a ~ ~ tr'1 ~. N ~ N , C~ N M -~ .. .. ~ r-i M N w--~'~"'~- fT N c~ .. .. ., ~ - •.o oa o t--~ f r--f M ~ ~~ ~.~. ~ fJ~ r-1 ~' r-~ N • c~^1 j c~ tiG o~ © cp ,-~ ' - V ~ M M h ~ Y4 ..~ _. _ }-~ f`~ ~ 1. 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M O ~ `~ `~ H W Z Ci. ~- a- .i ~, c~ O r-: c ~, ~- lY ui ~~ a L1 ff~..1 W-! Q' CIl ~+~ .~ r-°a .~ H ~~ Q ~' I ~ ~ ~, ~~ %-~ " i, r ~:. ~= ~~ .. 'lexy `7~ ~'~. 1 ~~ LT `. ~~~ Q ~v ,_. ~,1 ~~ ~ ~ `E ~~ ~~ ~~-. _4~ r._„. I' 3 4)-~ `"Y„~ •~ ,~ ~ ~ s ~~ ~~ ~1~ Y ~ ~'•\ ~~ ) \ } Q -~~~.~ it\ 4 iiY ~°-.~ } Y ~ ~ ~ ti ~ --$ f -~- ~ f ~ .'".,~ It ~ -s ~ =+ t ii S? EtI ~ v ~ ~ ;1 ~ ~~..}~.T I :i ~ t .1 ~ -~ I ~ , f ~' ~ E ~.. E ~r ~ t ~~ ~~~~ `~ J x ~~-.~ /,: i RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING ESTABLISHMENT OF AN AUTO VEHICLES SALES BUSINESS CONDITIONAL USE PERMIT LOCATED AT 6398 DOUGHERTY ROAD, SUITES 39 AND 40, APN 941-0205-25 FOR PA 03-013 WHEREAS, the Applicants, Mr. Corey Paparelli and Mr. Thomas Ortzow, have requested a Conditional Use Permit to establish an Automobile/Vehicle Sales establishment located at 6398 Dougherty Road, Suites 39 and 40, APN 941-0205-025; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on June 24, 2003; and WHEREAS, the site design and parking configuration were reviewed for provision of adequate client and employee parking; and WHEREAS, the site design and parking configuration were reviewed for provision of adequate handicapped parking spaces, truck loading area, and landscaping pursuant to the Zoning Ordinance; 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 Section 15301, Class 1; 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 make a decision; and WHEREAS, the Planning Commission has found that the proposed project is not appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does find that consistent with the standards and intent of the Purposes of the Planned Development District, the requirements of Conditional Use Permits and the requirements of Chapters 8.72 and 8.76 of the Zoning Ordinance, the proposed Auto Vehicle Sales is not compatible with other land uses, transportation and service facilities in the vicinity; and the site is not physically suitable for the type, density and intensity of the use and related structures being proposed because of the following findings: a. The proposed use would intensify the parking demand on the site beyond that which is provided for the business. Pursuant to Section 8.76.080 of the Zoning Ordinance, the new Auto Sales Use would require seven (7) parking spaces and the business' pro rata share is five (5) parking spaces. b. The proposed outdoor vehicle display area would further reduce parking available to clients ..~ and employees. c. The site does not provide a truck loading area or adequate handicapped parking and a redesign of the parking would further remove parking spaces for clients and employees. d. Pursuant to Section 8.72.030, the site does not provide an adequate landscaping buffer between the business and the adjacent residential apartment complex. In addition, the site does not include tree wells in the parking lot to provide screening. e. The project design is not compatible with new land use development and public improvements along Dougherty Road. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny PA 03-013 Conditional Use Permit to allow the establishment of an Automobile/Vehicle Sales use within an approximately 2,500 square foot existing lease space located at 6398 Dougherty Road, Suites 39 and 40, APN 941-0205-25. DENIED this 24th day of June 2003. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Jeri Ram, Planning Manager PA\2003\03-013\CUP reso 2 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 per 1000 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 Jeff's Performance Auto Auto Service and Repair 1 per 400 - 14 1750 Jeff's 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 ATT!~CEI~T `~