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HomeMy WebLinkAboutReso 127-95 ArlenNess CUPRESOLUTION NO. 127 - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PA 95-035 ARLEN NESS CONDITIONAL USE PERMIT AT 6050 DUBLIN BOULEVARD WHEREAS, Arlen Ness submitted an application requesting approval of a General Plan Amendment, from "Business Park/Industrial: Outdoor Storage" to "Retail/Office and Automotive", a Conditional Use Permit to allow a retail use in the M-1 District; and a Site Development Review to allow a 44,016 square foot motorcycle parts mail-order and retail business at 6050 Dublin Boulevard; and WHEREAS, the Planning Commission did hold a public hearing on October 17, 1995, did review and consider said application for a Conditional Use Permit for PA 95-035, Arlen Ness, and did adopt Resolution 95-40 recommending that the City Council adopt a Draft Resolution approving the Conditional Use Permit for PA 95-035, Arlen Ness; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been prepared for this project as it will not have a significant effect on the environment; and WHEREAS, Section 8-51.3 (A)(10) of the Zoning Ordinance allows "Other uses which are found by the Planning Commission as may meet the intent of the M-1 district and the requirements of Section 8- 51.8 PERFORMANCE STANDARDS: M- 1 DISTRICTS"; and WHEREAS, the proposed use would meet the intent of the M-1 District because it would encourage the development of a light industrial/warehousing use with a related but small-scale retail component, and would have no impacts in violation of Section 8-5 1.8; and WHEREAS, the City Council did hold a public hearing on said application on October 24, 1995; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; WHEREAS, the City Council did consider the proposal to allow a retail use in the M-1 District; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby find: A) The use is required by the public need because a retail motorcycle parts distribution facility would provide a significant retail opportunity for the citizens of the City of Dublin; and B) That the use will be properly related to other land uses, transportation and service facilities in the vicinity because of the near proximity of compatible retail, office, and automotive land uses; because the facility will be at a location with adequate access on Dublin Boulevard at Scarlett Drive; and because all public facilities are adequate and available; and C) The proposed project will not materially affect the health or safety of persons residing or working in the vicinity because all applicable regulations will be met; and D) The project will not be contrary to the specific intent clauses or performance standards established for the district in which it is located because conditions have been applied to ensure conformance with applicable zoning regulations, and because the use is consistent with the character of the surrounding area. BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby conditionally approve PA 95-035, Arlen Ness Conditional Use Permit application, as generally depicted by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning Department and subject to the approval of the related Site Development Review and to the following conditions: 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] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. GENERAL This Conditional Use Permit approval for PA 95~035 is to allow the operation of 4,666 square foot retail motorcycle parts store within a 44,016 square foot motorcycle parts mail-order distribution facility at 6050 Dublin Boulevard in an M-l, Light Industrial, District. This approval shall generally conform to the plans prepared by ATI Engineering Services Inc., dated October 5, 1995, consisting of 7 sheets stamped approved labeled Exhibit A, except as modified by conditions of this Resolution. These sheets consist of a Site Plan, Grading Plan, Main Floor Plan, Mezzanine Plan, Roof Plan, Elevations, and Landscape Plan. [PL] SECURITY 2. As required by the Dublin Department of Police Services, all security hardware for the new structure must comply with the City of Dublin Non-Residential Security Requirements (Attachment 5). [B, PO] 2 The Applicant shall work with the Dublin Department of Police Services prior to submittal of building plans and on an ongoing basis to establish an effective theft prevention and security program. [PO] The Property Owner shall keep the site clear ofgraffiti vandalism on a regular and continuous basis at all times. The Property Owner should consider the use of anti-graftiti coating on windows and wall surfaces. [PO] o Prior to issuance of building permits, the Applicant shall provide written documentation to the Planning Department that all Dublin Police Services requirements have been, or will be, met. [PO, PL] DEBRIS/DUST/CONSTRUCTION ACTIVITY Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Applicant shall be responsible for corrective measures at no expense to the City of Dublin. [B, PW] Areas undergoing grading, and all other construction activities, shall be watered, or other dust palliative measures used, to prevent dust, as conditions warrant. [B, PW] , The use of any temporary construction fencing shall be subject to the review and approval of the Director of the Department of Public Works and the Building Official. [PW, B] , The trash receptacle shall be located'. as agreed upon with the Livermore Dublin Disposal Company. Written confirmation of this shall be sent to the Director of Planning by the Applicant prior to the issuance of building permits. [PL] 10. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 241h day of October, 1995. AYES: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston NOES: None ABSENT: None ATTEST: g:pa95035c2cupres K2/oct-95/resoane3. doc