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Home My WebLink About87-034 Circuit City 03-16-1987TO: FROM: SUBJECT: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: March 16, 1987 Planning Commission PlanninJaff ~ ~ PA 87- Circuit City Stores - Conditional Use Permit request for a car stereo installation facility (1,320+ sq. ft.} in con]unction with the proposed refurbishing of the vacant Handyman Store. GENERAL INFORMATION PROJECT: Conditional Use Permit request for a car stereo installation facility (1,320± sq. ft.) proposed in conjunction with the proposed refurbishing of the 51,600~ Handyman Store at 7450 Amador Valley Boulevard to accommodate the proposed occupancy by a Circuit City Store (consumer electronics). APPLICANT/REPRESENTATIVE: PROPERTY OWNERS' REPRESENTATIVE: LOCATION: ASSESSOR PARCEL NUMBER: PARCEL SIZE: GENERAL PLAN DESIGNATION: EXISTING ZONING AND LAND USE: SURROUNDING LAND USE AND ZONING: Herbert H. Horowitz, AIA c/o Leidenfrost/Horowitz A.I.A. & Associates 3407 West Olive Avenue Burbank, CA 91505 Kenneth M. Antos c/o Circuit City Stores 5555 East Olympic Boulevard City of Commerce, CA 90022 7450 Amador Valley Boulevard Dublin, California 94568 941-305-8 Seven Acres Commercial/Industrial - Retail/Office A 51,600~ square foot home improvement retail sales store (the vacant Handyman Store) and a 12,000~ square foot sporting goods retail sales store (Oshman's) respectively occupy the south and north portions of the site. The site is currently zoned C-l; Retail Business District. NORTH: SOUTH: EAST: WEST: PD;. Planned Development District developed with church and office uses C-2; General Commercial District developed as a mixed retail use outlet Alameda County Flood Control Channel and Highway 680 C-l; Retail Business District developed with various retail and restaurant uses COPIES TO: Applicant ~ I Property Owner ITEM NO. ~ File PA 87-034 ZONING HISTORY: Fall, 1968 - Approval was granted for develop- ment of the Handyman Store. Approval for the outdoor nursery was withheld pending a Zoning Ordinance Text Amendment to the C-1 District. 11-19-69 - The Alameda County Planning Commis- sion approved Conditional Use Permit Application C - 2105 allowing development of the open-air nursery adjoining the Handyman Store. 7-2-70 - The Alameda County Board of Supervisors approved the appeal for S-276 and Variance 4852 allowing use of a 36 foot high, 280 square foot Freestanding Business Identification Sign for the Handyman Store. 6-26-72 - The Alameda County Planning Director approved S-440 and Variance Application V - 5800 to allow development of the current sporting goods store. Action on the Variance provided for a Numerical Parking Variance. 6-20-85 - The Dublin Planning Commission approved PA 85-026 (Conditional Use Permit and Site Development Review requests) allowing the enclosure and remodel of a portion of the open- air nursery at the northeast corner of the Handyman Store. 3-2-87 - The Dublin Planning Commission approved PA 87-009.1 and .2 (Conditional Use Permit and Site Development Review requests) for the proposed refurbishing of the vacant Handyman Store (including the enclosure of the 5,700+ square foot nursery area) to accommodate the proposed occupancy by a Circuit City Store (consumer electronics) and to allow the construction of a Freestanding Sign with a height in excess of 20 feet. APPLICABLE REGULATIONS: Section 8-48.2 1) of the Zoning Ordinance establishes as a Conditional Use in a C-I, Retail Business District the retailing of automotive parts and supplies which are installed and serviced on the site (but which does not include engine, transmission, or differential rebuilding or body repair). Section 8-94.0 states that conditional uses must be analyzed to deter- mine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity~ 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the accep- tance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; -2- e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorically Exempt NOTIFICATION: Public Notice of the March 16, 1987, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The recently approved Site Development Review application PA 87-009.1) involved a proposal by Circuit City Stores to refurbish the recently vacated 51,600+ square foot Handyman Store (the southerly structure). The concurrently filed Conditional Use Permit application (PA 87-009.2) involved a proposal to replace the 35'± high "Handyman" Freestanding Sign with a new - 23' 4" Freestanding Sign. The car stereo installation facility is proposed to be located at the southwest corner of the 32,000~ square foot Circuit City tenant space. The facility is proposed to be accessed by three new 10' x 10' metal roll-up doors. The car stereo installation facility, like the entire Circuit City Stores facility, is proposed to be open seven days a week (with the exception of Christmas and New Year's Day) with the following store hours: Monday - Friday 10:00 a.m. to 10:00 p.m., and Saturday and Sunday 10:00 a.m. to 6:00 p.m. According to the Applicant's Representative, an average of five vehicles, and a maximum of seven vehicles, are anticipated to be on the site at any one time awaiting stereo installation. RECOMMENDATION: FORMAT: 1) 2) 3) 4) 5) Open public hearing. Hear Staff presentation. Hear Applicant and public presentations. Close public hearing. Consider and act on the Draft Resolution: mo A Resolution regarding the Conditional Use Permit Request (PA 87-034). ACTION: Based on the above Staff Report, Staff recommends the Planning Commission adopt the following Resolution: Exhibit A - approving the Conditional Use Permit application (PA 87-034). ATTACHMENTS: Exhibit A - Resolution approving Conditional Use Permit application for PA 87-034 Exhibit B Conditional Use Permit Submittals Background Attachments: 1 - Zoning Map 2 - Copy of Applicant's Written Statement regarding Days and Hours of Operation 3 Site Photographs and Photograph Key -3- RESOLUTION NO. 87 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 87-034 CIRCUIT CITY STORES CONDITIONAL USE PERMIT REQUEST FOR A CAR STEREO INSTALLATION FACILITY PROPOSED IN CONJUNCTION WITH THE PROPOSED CIRCUIT CITY STORE REFURBISHMENT OF THE VACANT HANDYMAN STORE - 7450 AMADOR VALLEY BOULEVARD WHEREAS, Herbert H. Horowitz, A.I.A., on behalf of Circuit City Stores, filed an application for a Conditional Use Permit to establish a car stereo installation facility in conjunction with the proposed Circuit City Store refurbishment of the vacant Handyman Store at 7450 Amador Valley Boulevard; and WHEILEAS, Site Development Review and Conditional Use Permit requests were previously approved (PA 87-009.1 and .2) for the proposed refurbishing of the 51,600+ square foot Handyman Store at the subject property to accommodate the proposed occupancy by a Circuit City Store and a future, unnamed retail tenant(s); and WHEREAS, the Planning Commission held a public hearing on said application on March 16, 1987; 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 and was determined to be Categorically Exempt; and WHEREAS, a Staff Report was submitted recommending that the Conditional Use Permit application be conditionally approved; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and testimony hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: The use serves the public need in that it provides an integral portion of the proposed electronics store operation. bo The use would be properly related to other land uses and transportation and service facilities in the vicinity. The use, if permitted under all circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare, or injurious to property or improvements in the area, as all applicable regulations will be met. The use will not be contrary to the specific intent clause or perfor- mance standards established for the district in which it is to be located, in that conditions have been applied to insure conformance with the Zoning Regulations. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve said application as shown on Exhibit "B" from the March 16, 1987, Staff Report prepared for this project, on file with the Dublin Planning Department and subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of a building permit or the establishment of the proposed land use activity and shall be subiect to Planning Department review and approval. Development shall generally conform with the Site and Floor Plans prepared by Leidenfrost/Horowitz & Associates, consisting of two sheets dated received by the City Planning Department February 27, 1987. Approval for the Conditional Use Permit shall be valid until March 26, 1990. If operation of the facility has not commenced by March 26, 1988, this approval shall be null and void. The approval period for the Conditional Use Permit may be extended six additional months (Developer/Property Owner must submit a written request for the extension prior to the expiration date of the permit) by the Planning Director upon his determination that the Conditions of Approval remain adequate to assure that items a) - d) of the above stated Findings will continue to be met. Development shall be subject to the Conditions listed below. The days and hours of operation of the car stereo installation facility and the number of cars on-site awaiting service shall be as generally described in the Applicant's WrittenStatement dated received March 4, 1987. 3. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 16th day of March, 1987. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Director -2- [ m "l "-j -. . J g;,..*,.. J "L SEE SHEET lA , ..... ,,, .. . .~:., I ~ n. · ~ · -- · ~,! N" z~:- -. ~",,,. ~.,~ -- ~J]l "~ i ~ '~' ~ '='~'~=oDUBLINTHOMPSON '"C I THE CITY~ ARCHITECTS LEIOENFROST/HOROWITZ & ASSOCIATES 3407 West Olive Avenue Burbank, California 91505 18181 843-6050 Oscar E. Leidenfrost, A.I.A. Herbert H. Horowitz, A.I.A. Lucy Padille Steven Olshan Joseph E. Bricio, A.I.A. CIRCUIT CITY, DUBLIN - LHA I.D. #86117 ADDITIONAL CAR STEREO INSTALLATION C.U.P. DATA CIRCUIT CITY STORE IS OPEN TO THE PUBLIC 7 DAYS PER WEEK EXCEPT CHRISTMAS & NEW YEARS BUSINESS HOURS: 10:00 a.m. to 10:00 p.m. 10:00 a.m. to 6:00 p.m. MONDAY-FRIDAY SATURDAY-SUNDAY AVERAGE NUMBER OF CARS 5 MAXIMUM NUMBER OF CARS 7 .f