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Home My WebLink AboutItem 5.1 Lew Doty Cadillac Appeal AGENDA STATEMENT 4D0 V DO CITY COUNCIL MEETING DATE: March 11, 1985 SUBJECT: PUBLIC HEARING Appeal of Planning Commission Action to approve PA 85-004 Lew Doty Cadillac Conditional Use Permit Modification subject to conditions being complied with by May 18, 1985. EXHIBITS ATTACHED: A - Draft Resolution establishing requirement for compliance prior to occupancy and approving application. B - Draft Resolution approving application subject to conditions being complied with prior to May 18, 1985. C - Reduction of Site Plan and Landscape Plan approved per PA 84-054 Lew Doty Cadillac CUP. D - Reduction of Site Plan of proposed modification. BACKGROUND ATTACHMENTS 1 - Planning Commission Resolution 85-005 approving PA 85-004 2 - February 19, 1985, Planning Commission Staff report with attachments 3 - September 17 , 1984 Planning Commission Staff Report with attachments 4 - March 5, 1985 photos of site RECOMMENDATIO(ci 1 - Open public hearing and hear Staff presentation 2 - Take testimony from applicant and the public 3 - Question Staff, applicant and the public 4 - Close public hearing and deliberate 5 - Adopt Resolution (Exhibit A or Exhibit B) regarding application ITEM NO. .15. / COPIES TO: Steve Doty FINANCIAL STATEMENT: None DESCRIPTION: On February 19, 1985, the Planning Commission approved a Conditional Use Permit (PA 85-004) for Lew Doty Cadillac to modify the previously approved CUP (PA 84-054 ) at 6301 Scarlett Court. The approval was subject to conditions being complied with prior to May 18, 1985. On February 25, 1985, Councilmember Hegarty appealed the Planning Commission action so that the City Council could review the application and make a determination. The application involves two major issues: 1 - Should the improvements required along the west property line be delayed until after the overhead PG & E lines are underground? 2 - Should improvements to the Site be complied with prior to operation? 1. West Property Line Improvements As part of the previously approved CUP (PA 84-054) , the applicant was required to make improvements, including paving, landscaping, and irrigation, along the west property line. After the CUP was approved, the applicant decided to voluntarily underground the PG & E lines. In the applicant' s letter dated January 18, 1985, the applicant requested that the improvements along the west 20 ft. of the property be delayed. The plans submitted show approximately 25 ft. on the west property line for the PG & E undergrounding. The Planning Commission and Staff concur that the improvements along the west property line can be delayed until after the PG & E lines are underground. 2 . Improvements Prior to Operation The previous CUP (PA 84-054 ) was approved on September 17, 1984, subject to the submitted Site and Landscape Plans and several conditions that were to be complied with prior to site grading, construction and operation. While some of the conditions have been met and there has been progress on others, the following have not been completed: - Paving (2 inches asphalt-concrete over aggregate base) , landscaping, lighting, and irrigation shown on submitted site and landscape plans Condition 1 - Frontage improvements [in progress] - Condition 5 - Code compliance or removal of illegal sheds and office trailer [partial compliance] Condition 6 Final landscape and irrigation plan [needs revision] - Condition 7 - Solid wall or fence - Condition 8 - Final lighting plan Condition 10 - Site Development Review application or remove debris and installation of fence - Condition 12 - Performance and warranty bonds [partial compliance] Instead of complying with the conditions of approval prior to occupancy, the applicant opened for business in early January 1985. After several telephone calls between Staff and the applicant, on January 15, 1985, the City Manager, Planning Director and Zoning Investigator met informally with the -2- applicant on the site. Staff requested the applicant to stop operations until all conditions were complied with. Staff informed the applicant that 1) a request to modify the previous CUP could be filed, and 2 ) the City would begin revocation proceedings if operations did not stop. On January 18, 1985, the applicant submitted a request to modify the previous CUP but continued operations. On January 23, 1985, the Building Official sent the applicant a formal request to discontinue operations and notice that revocation was being requested. Staff finds that it would be inappropriate to allow operation prior to compliance with the conditions and installation of improvments. Compliance is needed for the following reasons: 1. Incentive: Withholding occupancy is a strong incentive for gaining compliance. Once a business is allowed to operate, compliance often becomes difficult or impossible to achieve. 2 . Standard Site Improvements: The City needs to maintain at least a minimum level of standard site improvements, such as paving, parking, landscaping, curb, gutters, and sidewalks. 3 . Image: Since incorporation, the community has made substantial progress toward improving its image. It is important that each new business add to the overall aesthetic image of the community, especially one as highly visible as an automobile dealership. 4 . Liability: There are certain liability risks for the City if operation is allowed while improvements are being constructed. 5. Consistency: Virtually all other projects have been required to install improvements prior to occupancy. Recent examples include the Pak 'n Save store and Bedford Retail Addition (The Bedroom) where both the City and applicants spent considerable time and effort to gain compliance prior to occupancy. The applicant indicates in his letter dated January 18, 1985, that . . . "because of the improvements and termination of our current tenants, it is necessary to ask for a time extension. . . " At the February 19, 1985, Planning Commission meeting, the applicant also indicated that he had submitted plans for a Site Development Review (SDR) of a new, permanent facility. He said that the new plans may conflict with the previously approved plans. At the time of preparing this Staff Report, some SDR materials have been submitted but the SDR application is still incomplete. Additional background and details are included in the attached Planning Commission Staff Reports . Planning Commission Action In approving the application, the Planning Commission found that: 1) The SDR for a new permanent facility may require some of the improvements to be removed. 2 ) Any City liability risks could be covered by liability insurance. 3 ) The applicant may have misunderstood the timing of the original conditions of approval. The Planning Commission would therefore recommend that the City Council approve the application subject to compliance by May 18, 1985 and allow continued operation until that time. Staff Recommendation Based on the Staff ' s finding that it would be inappropriate to allow operation prior to compliance, Staff recommends that the City Council adopt a resolution (Exhibit A) approving the application subject to compliance prior to operation and establishing the requirement as a general policy. Should the City Council decide to allow continued operation prior to compliance, Staff would recommend that the City Council adopt a resolution (Exhibit B) approving the application subject to compliance by May 18, 1985. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING GENERAL POLICY REQUIRING COMPLIANCE PRIOR TO OCCUPANCY AND APPROVING PA 85-004, STEVE DOTY CONDITIONAL USE PERMIT MODIFYING THE PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PA 84-054) 6301 SCARLETT COURT WHEREAS, Steve Doty, representing Lew Doty filed an application for a Conditional Use Permit to modify certain conditions contained in previously approved PA 84-054 Lew Doty Cadillac CUP to establish a Cadillac dealership at 6301 Scarlett Court; and WHEREAS, the Planning Commission did hold a public hearing on and did conditionally approve said application on 2/19/85 subject to compliance prior to May 18, 1985; and WHEREAS, on February 25, 1985, Councilmember Peter J. Hegarty filed a timely appeal of the Planning Commission' s action; and WHEREAS, the City Council did hold a public hearing on said application on March 11, 1985; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Staff report was submitted recommending the application be conditionally approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony as hereinabove set forth; and WHEREAS, the question of compliance with conditions prior to use, occupancy or operation has been raised by said application and several other recent applications; and WHEREAS, the Dublin City Council does hereby find that: a) The use is required by the public need to provide new and used automobiles to the general public; b) The use will be properly related to other land uses and transportation and service facilities in the vicinity as other automotive repair, service and storage uses are presently located in surrounding properties in the M-1 Light Industrial Districts; c) The use, if permitted, under all the 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; d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as a new and used car dealership with limited impacts is consistent with the character of the industrial district; DP 83-20 EXHIBIT e) The use of a new and used car dealership will be consistent with the General Plan, specifically as follows: 1) The area is designated for Business Park/Industrial : Outdoor Storage which includes retail activities conducted outdoors. 2 ) Guiding Policy 2 . 2 . 2 states "Keep automobile dealers in Dublin" ; and WHEREAS, the Dublin City Council does further find that compliance with conditions of approval prior to use, occupancy or operation is needed to: f) provide an incentive for compliance g) maintain a certain level of standard site improvements h) improve the community' s image i) avoid certain liability risks j ) provide consistency among new developments NOW THEREFORE BE IT RESOLVED that the Dublin City Council does hereby establish a general policy requiring compliance with conditions of approval prior to use., occupancy or operation unless otherwise specified in said conditions. BE IT FURTHER RESOLVED that the City Council does hereby conditionally approve said application subject to materials labeled Exhibit "B" (PA 84-054 ) on file in the Dublin Planning Department and subject to the following conditions: Unless otherwise specified, all conditions shall be complied with prior to operation of the use and shall be subject to the review and approval of the Dublin Planning Department. 1) The street improvements shall be completed as directed by the City Engineer. 2 ) A revised grading plan, if necessary, shall be prepared for review and approval by the City Engineer. Minimum paved area slope shall be 1% and the maximum slope shall be 5%. A gutter shall be provided where water flows along curbs. Inlets adjacent to curbs shall have curb openings. Drainage calculations will be required to be prepared by a registered Civil Engineer to verify the pipe sizing within the project. A grading permit will be required. 3 ) Improvement plans for all public improvements shall be prepared for the review and approval by the City Engineer. 4 ) An Encroachment Permit shall be required for all public improvements. 5) The illegal sheds and office trailer shall be brought into compliance or removed per the direction of the Building Official. 6) A final landscape and irrigation plan shall be approved by the Planning Department. Said landscaping improvements shall be installed prior to operation. Alternatively, applicant shall post either a cash deposit or letter of credit to assure that said landscaping improvements shall be installed by June 11, 1985, or to cover full City costs should City need to have said work done. 7 ) •A solid wall or fence shall be provided along that portion of the property line that corresponds to the Phase I application. Said fence details to be approved by the Planning Department. DP 83-20 8) A final lighting plan with footcandle details shall be approved by the Planning Department. 9 ) Only one freestanding sign shall be allowed. The proposed car dealership sign shall be a maximum height of 20 ' , and shall not be located in the 20 ' front yard setback. 10 ) Performance and warranty bonds for the required public and private improvements shall be submitted for review and approval by the City Engineer and the Planning Department. 11) The pavement surface shall be asphalt as opposed to chipseal . 12 ) The improvements shown along the west property line can be delayed until 60 days or after the overhead lines are underground. If the improvements are not installed within 60 days, assurance needs to be provided from the applicant and PG & E that the PG & E lines will actually be underground. 13 ) This approval is valid until 9/17/88 and shall be revocable for cause in accordance with Section 8-90 .3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 11th day of March, 1985. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk DP 83-20 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PA 85-004, STEVE DOTY CONDITIONAL USE PERMIT MODIFYING THE PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PA 84-054) SUBJECT TO COMPLIANCE PRIOR TO MAY 18, 1985, 6301 SCARLETT COURT WHEREAS, Steve Doty, representing Lew Doty filed an application for a Conditional Use Permit to modify certain conditions contained in previously approved PA 84-054 Lew Doty Cadillac CUP to establish a Cadillac dealership at 6301 Scarlett Court; and WHEREAS, the Planning Commission did hold a public hearing on and did conditionally approve said application on 2/19/85 subject to compliance prior to May 18, 1985; and WHEREAS, on February 25, 1985, Councilmember Peter J. Hegarty filed a timely appeal of the Planning Commission' s action; and WHEREAS, the City Council did hold a public hearing on said application on March 11, 1985; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Staff report was submitted recommending the application be conditionally approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony as hereinabove set forth; and WHEREAS, the question of compliance with conditions prior to use, occupancy or operation has been raised by said application and several other recent applications; and WHEREAS, the Dublin City Council does hereby find that: a) The use is required by the public need to provide new and used automobiles to the general public; b) The use will be properly related to other land uses and transportation and service facilities in the vicinity as other automotive repair, service and storage uses are presently located in surrounding properties in the M-1 Light Industrial Districts; c) The use, if permitted, under all the 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; d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as a new and used car dealership with limited impacts is consistent with the character of the industrial district; lEAK ill4 ::15 DP 83-20 e) The use of a new and used car dealership will be consistent with the General Plan, specifically as follows: 1) The area is designated for Business Park/Industrial : Outdoor Storage which includes retail activities conducted outdoors. 2 ) Guiding Policy 2 . 2 . 2 states "Keep automobile dealers in Dublin" ; and NOW THEREFORE BE IT RESOLVED that the City Council does hereby conditionally approve said application subject to materials labeled Exhibit "B" (PA 84-054 ) on file in the Dublin Planning Department and subject to the following conditions: Unless otherwise specified, all conditions shall be complied with prior to May 18, 1985, and shall be subject to the review and approval of the Dublin Planning Department. 1) The street improvements shall be completed as directed by the City Engineer. 2 ) A revised grading plan, if necessary, shall be prepared for review and approval by the City Engineer. Minimum paved area slope shall be 1% and the maximum slope shall be 5%. A gutter shall be provided where water flows along curbs. Inlets adjacent to curbs shall have curb openings . Drainage calculations will be required to be prepared by a registered Civil Engineer to verify the pipe sizing within the project. A grading permit will be required. 3 ) Improvement plans for all public improvements shall be prepared for the review and approval by the City Engineer. 4 ) An Encroachment Permit shall be required for all public improvements. 5) The illegal sheds and office trailer shall be brought into compliance or removed per the direction of the Building Official. 6 ) A final landscape and irrigation plan shall be approved by the Planning Department. Said landscaping improvements shall be installed prior to operation. Alternatively, applicant shall post either a cash deposit or letter of credit to assure that said landscaping improvements shall be installed by June 11, 1985, or to cover full City costs should City need to have said work done . 7 ) A solid wall or fence shall be provided along that portion of the property line that corresponds to the Phase I application. Said fence details to be approved by the Planning Department. 8) A final lighting plan with footcandle details shall be approved by the Planning Department. 9) Only one freestanding sign shall be allowed. The proposed car dealership sign shall be a maximum height of 20 ' , and shall not be located in the 20 ' front yard setback. 10) Performance and warranty bonds for the required public and private improvements shall be submitted for review and approval by the City Engineer and the Planning Department. 11) The pavement surface shall be asphalt as opposed to chipseal. 12 ) The improvements shown along the west property line can be delayed until 60 days or after the overhead lines are underground. If the improvements are not installed within 60 days, assurance needs to be provided from the applicant and PG & E that the PG & E lines will actually be underground. DP 83-20 13 ) The applicant shall provide liability insurance to indemnify the City within 15 days. The amount, form and language of the insurance shall be subject to review and approval by the City Attorney. 14 ) A complete Site Development Review application shall be submitted within 90 days. 15) Progress shall be shown in installing the required improvements by March 18, 1985. 16) This approval is valid until 9/17/88 and shall be revocable for cause in accordance with Section 8-90 . 3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 11th day of March, 1985. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk ■ ! r g •Z II 1W/7 Ma1rN t+�•� r.m.r...w it �— i E I I 21 1 1 �l J Kt� k .� I I I y I I Q. alt II I a I �'* 1 �W :_� '— i oIE I i I /11 I It cq r : 7.4_, I I 13 I �'1 ti 12 R I I $I 1 I O it i i • j +°'F s ill t'I;'I 1 Cr-11;f 1 E.:51. >E 1 1; 1=i ' rj i - 11.1.1 [ 1. I. I. 1 ...4 1 i cz.z, 1 . II 1 !'; .1 �; I I 1 I , 414 1 I 140 `�,� � is • 42,p, b>: �\ I 1 Ii try . 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I• '� ' • ':±5' ; I I .-g- I! •' 1.•, ''I t • 4:. .t; I II •• a II i i .es ai t is r, • I � {I 1 , I _"'-1 . • II u • I 1 1{ I ! i •., a I --) I 1;11,121 142 .ti..+.i ;liiliii it,jll I 1 • .1.. . -) -- IA / iJ--igs, !11111;1, iiii!!!.a'ill3ilii�� 1 w !1 j I 1 4.Y • • Ejlilliar • RESOLUTION NO. 85-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 85-004, STEVE DOTY CONDITIONAL USE PERMIT, A REQUEST TO MODIFY THE PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PA 84-054) 6301 SCARLETT COURT WHEREAS, Steve Doty, representing Lew Doty filed an application for a Conditional Use Permit to establish a Cadillac dealership at 6301 Scarlett Court; and WHEREAS, the Planning Commission did hold a public hearing on said application on 9/17/84 ; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Staff report was submitted recommending the application be conditionally approved; and WHEREAS, the Planning Commission did conditionally approve said application in 9/17/84 ; and WHEREAS, Steve Doty submitted a new Conditional Use Permit application to modify certain conditions contained within PA 84-054 ; and WHEREAS, the Planning Commission did hold a public hearing on said application on 2/19/85 ; and WHEREAS, a Staff record was submitted recommending the application be conditionally approved; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: I a) The use is required'by the public need to provide new and used automobiles to the general public; b) The use will be properly related to other land uses and transportation and service facilities in the vicinity as daytime activities will be commersurate with present use of properties in the Industrial Zoning District; c ) The use, if permitted, under all the circumstances and conditions of this particular case, wil 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; II ' DP 83-20 d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as a new and used car dealership with limited impacts is consistent with the character of the industrial district; e) The use of a new and used car dealership will be consistent with the preliminary policies contained in the Revised Draft General Plan, specifically as follows : 1) The area is designated for Business Park/Industrial : Outdoor Storage which includes retail activities conducted outdoors . 2) Guiding Policy 2 .2 .2 states "Keep automobile dealers in Dublin" . f) There is little or no probability that the use will be detrimental to or interfere with the future General Plan, should the use ultimately be inconsistent with the future General Plan BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said application subject to materials labeled Exhibit "B" on file in the Dublin Planning Department and subject to the following conditions : Unless otherwise specified, all conditions shall be complied with prior to May 18, 1985 1) The street improvements shall be completed as directed by the City Engineer. 2 ) A revised grading plan, if necessary, shall be prepared for review and approval by the City Engineer. Minimum paved area slope shall be 1% and the maximum slope shall be 5%. A gutter shall be provided where water flows along curbs. Inlets adjacent to curbs shall have curb openings . Drainage calculations will be required to be prepared by a registered Civil Engineer to verify the pipe sizing within the project. A grading permit will be required. 3 ) Improvement plans for all public improvements shall be prepared for the review and approval by the City Engineer. 4) An Encroachment Permit shall be required for all public improvements . 5) The illegal sheds and office trailer shall be brought into compliance or removed per the direction of the Building Official. 6) A final landscape and irrigation plan shall be approved by the Planning Department. 7 ) A solid wall or fence shall be provided along that portion of the property line that corresponds to the Phase I application. Said fence details to be approved by the Planning Department. 8) A final lighting plan with footcandle details shall be approved by the Planning Department. 9 ) Only one freestanding sign shall be allowed. The proposed car dealership sign shall be a maximum height of 20 ' , and shall not be located in the 20 ' front yard setback. 10 ) Performance and warranty bonds for the required public and private improvements shall be submitted for review and approved by the City Engineer and the Planning Department. 11) The ement surface shall be asphalt as opposed to chipseal . DP 83-20 12 ) The improvements shown along the west property line can be delayed until 60 days or after the overhead lines are underground. If the improvements are not installed within 60 days, assurance needs to be provided from the applicant and PG & E that the PG & E lines will actually be underground. 13 ) The applicant shall provide liability insurance to indemnify the City within 15 days . The amount, form and language of the insurance shall be subject to review and approval by the City Attorney. 14 ) A complete Site Development Review application shall be submitted within 90 days . 15) Progress shall be shown in installing the required improvements by March 18, 1985 . 16) This approval is valid until 2/19/86 and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 19th day of February, 1985. AYES: Cm. Alexander, Petty, Mack NOES: Cm. Barnes ABSENT: Cm. Raley Planning Commission Chairman ATTEST: Planning Director DP 83-20 • CITY OF DUBLIN PLANNING COMMISSION REPORT E AGENDA STATEMENT/STAFF CiliPtif Meeting Date : 2/19/85 : • TO: Planning Commission FROM: Planning Staff ?J1 SUBJECT: PA 85-004 Lew Doty, Conditional Use Permit Modification at 6301 Scarlett Court, Dublin GENERAL INFORMATION PROJECT: A request by Steve Doty to amend five conditions of their previously approved Conditional Use Permit at 6301 Scarlett Court APPLICANT: Steve Doty 24773 Mission Boulevard Hayward, California 94544 PROPERTY OWNER: Ora Elliott 9483 Alcosta Boulevard San Ramon, California 94583 . LOCATION: 6301 Scarlett Court Dublin, California ASSESSOR PARCEL NUMBER: 941-550-16-2 PARCEL SIZE: 4 . 1 acres EXISTING ZONING AND LAND USE: M-1 light industrial, property is used for outdoor storage and for several small industrial shops within two • existing buildings. The site is also being utilized for new and used car sales. SURROUNDING LAND USE AND ZONING: North: Vacant, PD allowing light industrial , (M-1) and general commercial (C-2) uses South: I-580 West: Busick Property, M-1 East: U-Haul, M-1 l ZONING HISTORY: 3/3/71 Conditional Use Permit 2259 was approved to allow outdoor storage 3/3/71 Variance 5315 was granted to allow a non-conforming dwelling to stay on the premises and to eliminate the screening requirement 5/24/72 Variance 5782 was granted for side and rear yard variances ITEM NO. <2 P 1 11/12/75 Variance 6830 was granted to maintain the existing nonconforming sign 9/12/84 Conditional Use Permit (PA 84-054 ) was approved to establish a cadillac dealership on the site APPLICABLE REGULATIONS: Section 8-51. 3 allows for an automobile dealership to be considered as a Conditional Use in the M-1 district. Section 8-94 . 0 states that conditional uses must be analyzed to determine; 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; and 4 ) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. Section 8-94 .2 states that modifications to an existing Conditional Use Permit shall be processed the same as the original Conditional Use Permit. 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 acceptance and observance of specified conditions . ENVIRONMENTAL REVIEW: Categorically exempt NOTIFICATION: Public Notice of the 2/19/85, hearing was published in the Tri-Valley Herald, mailed to adjacent property owners, and posted in public buildings ANALYSIS : On 9/17/84 the Planning Commission granted Steve Doty a Conditional Use Permit to operate a cadillac dealership at 6301 Scarlett Court. (See Resolution No. 84-48, Attachment 1) After the 9/17/84 Planning Commission Meeting, revised plans were submitted to construct the public and private improvements in accordance with the conditions of approval. The pubic improvement plans were approved and the private improvement plans were substantially approved. In January 1985, it came to the attention of the City that Mr. Doty was operating the dealership prior to constructing the public and private improvements. On January 23, 1985, the Building Official , sent Mr. Doty a letter requesting that the use be discontinued until all conditions have been complied with (See Attachment 2 ) On January 15, .1985,. Staff met with Mr. Doty on the site and requested the use be terminated until all conditions have been complied with. Mr. Doty was informed that he could file another Conditional Use Permit application to amend the conditions of the previously approved Conditional Use Permit. He was also informed that the City would begin revocation proceedings if the use was not discontinued. On January 18, 1985, Mr. Doty filed a Conditional Use Permit application to amend several conditions of the previously approved Conditional Use Permit (See Attachment 3 ) . Staff has had a great deal of difficulty understanding the request due to conflicting information. For example, in Item 10, Mr. Doty states he is concurrently submitting plans for a Site Development Review for a new facility on this site. No such application has been submitted and, further, Staff has / not had any meetings with an architect to discuss the Site -2- Development Review submittal requirements or preliminary design issues. Another example is on the second to last paragraph. While Mr. Doty states that he will landscape the front and right sides of the property, the plans submitted with this application indicate "chipseal" will be installed right up to the property lines. Putting the letter of 1/18/85 aside, it is Staff 's understanding that Mr. Doty is requesting that the required improvements along the west property line (parking, paving, fencing and landscaping) be delayed until he determines whether to underground the overhead PG & E lines . Mr. Doty is also requesting that the final on-site lighting plan and landscaped islands within the parking area be delayed until decisions are made on the Site Development Review package. Finally, Mr. Doty is requesting that he be allowed to continue operations at the site while the improvements are being constructed. There are two principal issues associated with this request: 1) Should the required improvements along the west property line and interior of the lot be delayed until Mr. Doty makes his decisions on the undergrounding of the PG & E lines and the Site Development Review package? and 2 ) Should Mr. Doty be allowed to continue his operations while the balance of the improvements are being installed? With respect to the first issue, Staff does not have a problem with delaying the improvements along the west property line until Mr. Doty resolves with PG & E the undergrounding of the overhead lines. Mr. Doty' s engineer informed Staff that a decision on this issue should be made within the next 30 days . The improvements could be installed along the west property line at the end of the 30 days or after the overhead lines are underground. A cash deposit or letter of credit could be posted to ensure these improvements are installed. The improvements within the interior of the site should not be delayed because there is no assurance that a Site Development Review package will be submitted and, if submitted, actually implemented. There has been considerable talk about a Site Development Review package being submitted over the past eight months but nothing has ever been filed. It is Staff ' s position that this application has to stand on its own in case a Site Development Review is never submitted and implemented. In other words, adequate parking, lighting, fencing, drainage, paving and landscaping should be installed with this Conditional Use Permit application. Concerning the second issue, Staff does not feel it is appropriate to allow the use to operate prior to installation of improvements. With virtually all projects, the improvements are required to be installed prior to occupany. There are several reasons for this requirement. First, the City needs to establish minimum standards (paving, parking, landscaping, lighting, etc. ) prior to a use being operated. Second, there is a potential liability problem for the City if a customer is hurt while shopping at the site while the improvements are being constructed. Third, there is a potential image problem created by allowing a business to operate prior to the improvements being constructed. The surrounding businesses and general pubic are given the impression that a business is being allowed to operate with a minimal amount of improvements . Fourth, the City needs to be consistent in equiring the improvements are constructed prior to ope$ting the -3- business. In recent examples (Bedford Addition and Pak 'n Save) , the City did not allow the business to operate to . - until all the improvements were constructed and easements executed. Fifth, and perhaps most important, this requirement gives the property owner an incentive to actually construct the required improvements. That incentive is compromised once a business is allowed to operate prior to completing required improvements. In conclusion, Staff recommends that the previously approved Conditional Use Permit be modified to delay the improvements along the west property line for a specified time period and that the use be discontinued until the balance of the improvements are constructed. RECOMMENDATION FORMAT: 1) Open public hearing and hear staff presentation 2) Take testimony from applicant and the public 3 ) Question staff, applicant and the public 4 ) Close public hearing and deliberate 5) Adopt Resolution regarding the Conditional Use Permit, or direct Staff to make revisions and continue the hearing. ACTION: Staff recommends that the Planning Commission adopt the attached Resolution (Exhibit A) which approves Steve Doty' s request to modify the previously approved Conditional Use Permit (PA 84-054) . ATTACHMENTS 1) Exhibit A - Draft Resolution 2 ) Exhibit B - Site & Landscaping Plans 3 ) Resolution approving PA 84-054 4 ) Letter from Building Official dated 1/23/85 5) Letter from Steve Doty dated 1/18/85 6) Site Plan fox current submittal 7) Location Map/ COPIES TO City Engineer B. I.D. Applicant -4- r C RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 85-004, STEVE DOTY CONDITIONAL USE PERMIT, A REQUEST TO MODIFY THE PREVIOUSLY APPROVED CONDITIONAL USE PERMIT (PA 84-054 ) 6301 SCARLETT COURT WHEREAS, Steve Doty, representing Lew Doty filed an application for a Conditional Use Permit to establish a Cadillac dealership at 6301 Scarlett Court; and WHEREAS, the Planning Commission did hold a public hearing on said application on 9/17/84 ; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Staff report was submitted recommending the application be conditionally approved; and. WHEREAS, the Planning Commission did conditionally approve said application in 9/17/84 ; and WHEREAS, Steve Doty submitted a new Conditional Use Permit application to modify certain conditions contained within PA 84-054 ; and WHEREAS, the Planning Commission did hold a public hearing on said application on 2/19/85; and WHEREAS, a Staff record was submitted recommending the application be conditionally approved; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and i WHEREAS, the Planning Commission 'did hear and consider all said reports, recommendations and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The use is required by the public need to provide new and used automobiles to the general public; b) The use will be properly related to other land uses and transportation and service facilities in the vicinity as daytime activities will be commersurate with present use of properties in the Industrial Zoning District; c) The use, if permitted, under all the circumstances and conditions of this particul case, wil no -materially affect adversely the health or safety cf persons resffding or working in EXHIBIT /A DP 83-20 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; d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as a new and used car dealership with limited impacts is consistent with the character of the industrial district; e) The use of a new and used car dealership will be consistent with the preliminary policies contained in the Revised Draft General Plan, specifically as follows: 1) The area is designated for Business Park/Industrial : Outdoor Storage which includes retail activities conducted outdoors . 2 ) Guiding Policy 2 .2 .2 states "Keep automobile dealers in Dublin" . f) There is little or no probability that the use will be detrimental to or interfere with the future General Plan, should the use ultimately be inconsistent with the future General Plan BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said application subject to materials labeled Exhibit "B" on file in the Dublin Planning Department and subject to the following conditions: Unless otherwise specified, all conditions shall be complied with prior to operating the use . 1) The street improvements shall be completed as directed by the City Engineer. 2 ) A revised grading plan, if necessary, shall be prepared for review and approval by the City Engineer. Minimum paved area slope shall be 1% and the maximum slope shall be 5%. A .gutter shall be provided where water flows along curbs. Inlets adjacent to curbs shall have curb openings . Drainage calculations will be required to be prepared by a registered Civil Engineer to verify the pipe sizing within the project. A grading permit will be required. 3) Improvement plans for all public improvements shall be prepared for the review and approval by the City Engineer. 4) An Encroachment Permit shall be required for all public improvements. 5) The illegal sheds and office trailer shall be brought into compliarice or removed per the direction of the Building Official. 6) A final landscape and irrigation plan shall be approved by the Planning Department. 7 ) A solid wall or fence shall be provided along that portion of the property line that corresponds to the Phase I application. Said fence details to be approved by the Planning Department. 8) A final lighting plan with footcandle details shall be approved by the Planning Department. 9) Only one freestanding sign shall be allowed. The proposed car dealership sign shall be a maximum height of 20 ' , and shall not be located in the 20 ' front yard setback. DP 83-20 (— ' 10 ) Performance and warranty bonds for the required public and private improvements shall be submitted for review and approved by the City Engineer and the Planning Department. 11) The pavement surface shall be asphalt as opposed to chipseal. 12 ) The improvements shown along the west property line can be delayed until 60 days or after the overhead lines are underground. If the improvements are not installed within 60 days, assurance needs to be provided from the applicant and PG & E that the PG & E lines will actually be underground. 13) This approval is valid until 2/19/88 and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance . PASSED, APPROVED AND ADOPTED this 19th day of February, 1985. AYES: NOES: ABSENT: Planning Commission Chairman ATTEST: Planning Director • - _ . -gym . _ 1 F 1• a ; : A _� �N�7 �9LYW lu mar w I P. ' �� I. I i i I a ill 41 ' I } I. a I , 1 •• 1� 1 1 It I I y I I 0 c .• ! �\ •! f M 1�i ; 1 4,y 1 1 , ( 1111 4 Q r • la ,, I 1 1 I I _ -n 1 � � I � I I r1 , �, ,n '° 1-- 1. 1- .�r---1 / I. �I I__I' ' '� 1 Cep .. ,g 11 1 a( }-- 1 .1 !I C I 1i1 j I !�' 4'•! r . r --- . , it, : ., . , III 11 1 ; I 3 - . :. � p ki rill. . .. g I I :,. ,. .r .41, I °1,... . ,. 1. • . ., ..,.. i . • :. . .„ -:...-,JOB.• ( i 1 1 1j.'..• \ 'Ic I •14.i •I; • . . il 1 . I. . ,4 i i :_ . • { i . 1 L:'=1 • • , I o • . t � I 1 " E . I �� f i }I. 1 1 I �.. ; I: �` .. ' • Ci ` `ti. tl II i i 1! 1; !ii II. - 1 Y.t . .. .,--. i/ z !Hi �'. f r l �' 1 roe 1=2r iii 11 i. } ' •1 i. € iii: .- •e2. •11 ILL v � AK' - ' - Si • .. I. 1: Q1 ilia:• i "" 1:iM �1 = I ►. ' 1 112t 111111 in I'.....E21.1r41;14 7 , 10 . •• . • . ; f • ..�..�„•.. ..� ___ • \ �F''I• J'Y �i.t:•\', u.11. }' .t�I„:�.� 1 l t 1 .'• S• � w.T 'l 1 • .•r,.0 .�.• • •.• ,,=, •:e; s t. .�i r;x' Y:i, •� Kvt +��,-'^Tff�.,,� ;+.%1;s ,, 7. .•.+:.•1''�:� � � n..H r •1. ' I � X .t��i�� •.v :� i '�' •r � >rf.: �J 't,.""` r,�t�s:.�.t�.•ti i1r ��•'�:+rLi.� .•ti..•.•«- ..;.� � ' r mot.::• r- ;4:4.; •� „4.�. • • RESOLUTION NO.• •84-48 • • A RESOLUTION OF THE PLANNING COMLMISSION OF THE CITY OF DUBLIN • • APPROVING PA 84-054, LEW DOTY CONDITIONAL USE PERMIT, A REQUEST BY STEVE DOTY FOR A CONDITIONAL USE PERMIT TO ESTABLISH A CADILLAC DEALERSHIP AT 6301 SCARLETT COURT • WHEREAS, Steve Doty, representing Lew Doty filed an application for a Conditional Use Permit to establish a Cadillac dealership at 6301 Scarlett Court; and • WHEREAS, the Planning Commission did hold a public hearing on said application on 9/17/84; and " WHEREAS, proper notice of said public hearing was given in all respects are required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Staff report was submitted recommending the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED TEAT THE Dublin Planning Commission does hereby find that: • a) The use is required by the public need to provide new and used automobiles to the general public; • b) The use will be properly related to other land uses • and tr nsportation and service facilities in the vicinity as • daytime activities will be commersurate with present use of” properties in the Industrial Zoning District; • c) The use, if permitted, under all the circumstances and conditions of this particular case, wil 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; d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as a new and used car dealership with limited impacts is consistent with the character of the industrial district; e) The use of a new and used car dealership will be consiste with the preliminary policies contained in the Revised Draft G& eral Plan, speci/ically as fnllnw': • •• . • • AT1ACH E T .3 • r�a i ;>> t(1°' !� �H.•, b•�1'.'� �tT'�i��t�s4�YW�.��S`�r�•, "VIII"' ��Y� U � �t"J ;5 .41 �V.�� y Tr~�`y,;t C:t".:Yj�`� 11,it pp�r_ �'• "� ;j• v?.U+ � � �'✓1j11}rr ��. K 7� .4 �""da - .. �..•, � e�•tt��• e. �r" 4 F.'✓'a 1+ +N!.. vat �11wi/t; V } � 8N144 N1ffI. N 1��((��,��+•:* 'Lt..•� �r /. 41• (, •...0,j j L")f 4. tel • t.g ' t(,.�l '�nc 't:i�•*';• t, ∎:::Pg1 .V •,Y' elik.it ` 1:1;4"-t ��t.ti:'•2t"if l T'. '^'�•;1.1 I.y•Z;. . J�i.��•t�'•:�• � 'r'! �t.� •y`. vY(l.e w • b• � '+1'•;i.'�•1�....F•{t ,:.?: �. .IV..�.��',1�.= :•�••` �1\ •h�;y}•':•;: r. -,....--.8.1,,,,:,,,C ,a... 1.7+I.4.•Yt r ; cvv..: !-�1• v !� :∎,:l r :::.. •...�•lt..7;•.x.7:.!:w." i. 1'+� �= �:1'�/ ^;! a�„w;•la.:tti.�+ �'�•...�.7....1,•;,:." s..V.t^i. �'ti� yy19 Y 1 .,:\�'•�'•"•',• .:;;;;';',..s,1 " .1• 1 .I ••..; .:.;."•:••I. t4• Yi•:..�:.r•• ••• .••. • J•J :::: 1) 'The area is 'designated for :Business • ' ' • . " Park/industrial: Outdoor Storage *which includes 'retail - activities'conducted outdoors ." :::::: ::Y1. ..... cr '2) Guiding Policy 2 .2.2 states "Kee ..:•. - •,. �:••: 'A�;•• `',: p automobile • . • dealers in Dublin • . , f) There is little or no probability that the use will be detrimental to or interfere with the future General Plan, . should the use ultimately be inconsistent with the future General Plan BE IT FURTHER RESOLVED that the Planning Commission does . hereby conditionally approve said application subject to materials labeled Exhibit "B" on file in the Dublin Planning Department and subject to the following conditions : s Unless otherwise specified, said conditions are subject to review j • and approval by the Planning Department and are to be complied R: .. ..with prior to issuance of grading or building permits. / . I. • • 1) ;~ ' Install curb, gutter, sidewalk, storm drains and streetlight improvements along the Scarlett Court frontage, as directed by the City Engineer • .' , •• 2) A grading plan shall be prepared for review and approval by the City Engineer. Minimum paved area slope shall be . 1% and the maximum slope shall be 5%. A gutter shall be provided where water flows along curbs. Inlets adjacent to curbs shall have curb openings . Drainage calculations will be required to be prepared by a registered Civil Engineer to verify the pipe sizing within the project. A grading permit will be required. 3 ) Improvement plans for all public improvements shall be prepared for the review and approval by the City Engineer. 4 ) An Encroachment Permit shall be required for all public improvements . • 5) The illegal sheds and office trailer shall be brought into compliance or removed per the direction of the . Building Official. • 6) A final landscape and irrigation plan shall be 1 approved by the Planning Department. �. Said plan 'shall include . } grass for the ground cover on the Scarlett Court frontage and 15 ' gallon trees spaced 25 feet on center. 9 • •' : ., "7) .:"'A solid wall or fence .shall be provided along that s portion of the property line that corresponds to the Phase I application. Said fence details to be /approved by the Pdlanning Department. 8) ' A final lighting plan with footcandle details shall be approved by the Planning Department. 9 ) The landscaped islands within the parking area shall be increased in size . 10) If a Site Development Review is not approved within 90 days, the applicant shall remove the debris on the rear half of the lot and install a screening fence as directed by the Planning Department. 11) Only one freestanding sign shall be allowed. The proposed car dealership sign shall be a maximum height of 20' ,reand • shall not be located in the 20 ' front yard setback. % 12 ) Performar�!ce and warrantySOnds for the req T d /` public and private improvements shall be submitted within •30 days. . •• . • . •' • • y' p .y :4"44:1".t 17. 1.vy,,y�' : 't 17 • C!f JV'r� ' 4 1�4 li + i 4' • �. k.. N . 4k4' :1; ;`.:.. 1? ...1'1 L4: ., 46a,�! f��c1.1 tt �p ,ft-k 1 rZ YS 'h .' V. }f v4: F0 i , , • �i' �.'.tr� .1.:;:v.17,04, '9� t� 4,,,,,f,c,A� j t'�'-:� �l-:�~ � 1,� •�1 y�• .,c�..:�L`_��'�� ,� •�•Vra � :, t . ,. *: .r.+• } `7��( w# a�/ ri ��•� J�. t � M' # t'}_ r+ •'C. '�. ' •:'9,e• ft ' t 1. . L 4,i'. 2,1:2.1 • •f∎i 1'N• �!/.,.1 f..ion yr r..rt. w� •t 4." .11,1:.:.•",'-';',1r-, r:.j..+::...:.;":. ;•+,,, 1.•':�y ^:''' :'�:.`,n v��Y�'ti4�i A 3.�yr ti�L.v try}"Y:..-t!'=•. •.:�..�t'i'••l '�1'+it4� J'-., u ..:‘;'!+,‘••A•.�i v '•�. .•Y-•.-'�., �:7 w i..41v�.. .4{��.,E�'.'�i'' �:'(....�f��-,, .3 v.�. _� � .,'Y�Li�` T' t�v!. .` �: .i�. .. f ■ t d1i},6.•.)w �,t�"•: v..u1 1•:;.,'.•-• : t tj , ?Si` • t . : � 't t•'13) !.This 'approval is for=the',first 'phase only, which• • would only allow the occupancy of ...a portion of the existing • . ' building closest Ito "Scarlett Court;'•'•as •referenced in Steve Doty's - 1 tter`.dated August •30 - :1984 ;',..•.,...:;: y `,..y _ •'•- _ 1 :. i.l•i'.'1••+ , \11"q.`.J ...�. •:.•\•..;:.-;%..1.. N , -•.:c.. .i:7....;',:q•.. ....::.....f.. .' . 14 ) t'�;This approval is valid until 9/17/88 and 'shall be 'revocable 'for 'cause in accordance with Section 8-90.3 of the ' • ' Dublin Zoning 'Ordinance. ' • •. • • • . . • • PASSED, APPROVED AND ADOPTED this 17th day of September, 1984 . AYES: Commissioners Alexander, Mack, Raley and Petty - • NOES: .0 ABSENT: Commissioner Barnes t ' . P1 ning Commission Chairman y" ATTEST .. P anning Directo • • • • '47 .r' - t ; t .•5 � _ /• 1 j j • ( . . r • • • • • • • CITY OF DUBLIN Development Services Planning/Zoning • 829-4916 " P.O. Box 2340 Building & Safety 829.0822 Dublin, CA 94565 Engineering/Public Works 829-4916 January 23 , 1985 r • • Steve Doty �r'�(;• • 6301 Scarlett Court 0 Dublin, CA 94568 RE: CONDITIONAL USE PERMIT You have failed to comply with Condition 1, 4, 5, 7, 10, and 12 of Planning Commission Resolution 84-48. I have requested the Planning Commission to revoke your Conditional Use Permit. You are recuested to discontinue operations until all conditions have been complied with. \\\\\\\ VICTOR L. TAUGHER BUILDING OFFICIAL • cf cc : Planning Department -. • ATTACHMENT--L____ y r. • • • • c-- (_. ' RECEIVED Le . ,...., JAN 1 'i`J8a rerun sirs_. !=o DUBLIN FLa.N 3ING 24773 MISSION BOULEVARD, HAYWARD, CALIFORNIA 94544 PHONE 415/581-2932 or 351-3055 18 January 1985 Planning Director Planning Commission City of Dublin 6500 Dublin Blvd. Dublin, Ca. 94568 Subject: 6301 Scarlett Court As you are aware, we were before your commission in September for CUP for our site at 6301 Scarlett Court. You originaly. approved an 18 month time table for which we would be able to operate during the Phase I and Phase II of our proposal. We have complied with many of the conditions in the original CUP. While working on the improvements of our site, we have now realized our initial plans were not the most efficient and best use of our property for us and the City of Dublin. We have eliminated the main eye sores of the property - all illegal fencing, debris, and the front outdoor storage areas. We have also eliminated several illegal businesses that effected Phase I as well as Phase II of our project. We have also improved substantialy the Valley Plumbing area in the front building. It is now at code. We now find that because of the improvements and termination of .our .curzent ttertarits it is necessary to ask for a time extension of certain requirements of the orginal CUP. • Item 1 - We will install, as early as weather permits, all requirements of this condition. However, we would like to ask that a 20' corridor on the left side of the property not be included in this requirement at this time. We afire currently waiting for the SERCARE report from P.G.& E. which will supply us with the undergrounding information for all the above ground power poles currently on the site. Item 7 - The fencing will be completed on the west side of the property. However on the left side, we would like a time extension for the same reason as in Item 1 ATTACHMENT -� C • .. _ �- t . i Page 2 I Item 8 - The final lighting plan can not be submitted again until P.G.&E. finishes their evaluation of our property. Item 9 - The landscaped islands will no doubt be changed with our future plans. • Item 10 - We have already cleared a major portion of Phase I and Phase II - of our site. We are concurrently with this hearing submitting plans for Site Development Review (SDR) of our new facility on our property at 6301 Scarlett Court. The building footprint will take up a fair amount • of our originaly proposed used car display area. For this reason, we would s like a temporary use of . chip seal on the original car display area. 1 We hope at your next planning meeting we can be heard on our' revised 'plan. 1 We will go ahead with the curbs and gutters per original CUP knowing that • some will have to be removed with approval of our new designs. We will r landscape the right side and front per original CUP knowing that some of that will have to be redone with our new plan. We are requesting a 6 month extension on meeting all our requirements of the original CUP so that the end results of our project will not only be the best use for us but more importantly, the best for the City of Dublin. Sincerely !.'--i611111111111p Afill -,41/1111■41111110444 ti" 11.. li- i-j"IP. 111 eve Doty 1 4 is . • ( .. ; 1• Ni r _ ji 1 �� i I 1 I I ,',i = I 1 ii , 1 a i, mi , 1 : • I I - i.II 1 ill I-- . (7) 4/j . 1, I • . .•.v •1 ; 1 i ,1 i III • : i I r 8 I I $ a 1 ,�_ .� .�,;Ia 44 t1 2 • I. : 1 ; 11 • k• .;I 1 I { s - ii 11 iI I ��I I 1.(;�' `V. I 1 i I 1 I I .Y.C... :-!!!..:r..jit'f-‘: ....• . i 1 it 1-ItLI., [ 1 i It Li 1. I. I I I< i1 I,� ';I 71 I � 1 •I '� ' III ! I (.; i 1 i I 11 •1 I I 4 ...` :7. 1 1 4. 11 . ki ,i.,-..,., ,.,z.•:i..,::• .. II � l• • r • • .:4� .- 1 • I: ,•�..- :.tip • i 7 'O. 4',5. 1 i_i .. .. 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A •• • - - .-- .. . • . ... \ - . ••• • • . - • - 7 7 7 ATTAciimENT 7 q �� a'i" �„",. -sr .,ys i7yv,+ x.. I°r ,ter„'., k t..}• :.��g¢ i•...., `-a �t^..� r� .fi � ,yy •3 f, .., :,•' e}..,4:z:. }„_:. 4•' u 4r k $ ' d,.0 7._ •$-. ,� h„ "a� i -y.. ';��vet':... k `'m” wr' s �'• ..' xf �+.� w,• '', 1,c. �,., A.1..-4-'..P • }g'"a+ "'tu.'�'t ?` ` ' :r•�.+A°uiS - 4 3» i,:'..." '::- p -.,:F s s'<r',�, ?•u:#k. o-: .•",!,. .«:.a v#''``.,:.. �:7;,--€ r ?a�1 ,.,,�7.-4'..+7'.'4V": .,k- r of sue. �. i. '"�' ,.:b-: #t'- 'r ��-e. t +•�.w��t �A.bs�'t. q�t>q;by f vi, ,,'�'. •�� t 4 ",*s'.. t'z �s'"4'� '�''.,,�' a��"•� q� �rrr� r. 3� •`F; ,-jf `s:V•2xY 144 ah;'�r ,'s '?+x't "*'A + -+ a+ ' a ; �, '°«` tit a- " :.$ ^ ,�'`: .;s ;,. .:fit , y . i e y ' .m �. tS ;. � ,3 s,S t a 'd.• Hrr a` ,., 3` k r o, .,, +, ti„. .'. Yk 1 2i !x ? .-:;4 # ae"' :per_, .. 37!` ;r +st xx`,. N+f ,k�`'•% '� ,,:".F,_,i Al !'y,„-,, :` s°� a'" 'fir <:.ji a M t ` Y 2,, may ,"` s'1n° yam. �'.;' 'NtMT d`f rr,,,3. y. ,,e °;f e. " #, L,t i $� i.�; k• � t�,.`,t a +�i s t ' t+ ��,`a!�'�''t' c -k ,1 r 'mss t '"` t ��.a d ru ��++..��,,„,..1,,,,.„.=,........ ... k,�+' k �`4 �:.1 .•t� i • T k�+: 'Y..d. a, r�.+x t +h- � ”' � ��x'+ 'ri ,�i"� r O '�p4.a.". 'y�i a"'l,•o- ^'; w !; i -a �r 4 i t 3't, e a Y ti ��g P.. s F,a x:;�g{ ..i r a t�::��' & i ^ ,-.i e } }qd+ Kti P "r,o ?;s - t;.? r4 ya&::741•,;-f,�G' a�. 7tr,: ��F'�y+i •i '''', < ' :+a ' t Y-. ,4 f �. ,; '? CITY OF DUBLIN t1 '; �,,:a. y�. ;, *A +, x r r 1 - £ Y t z b: Y � t `fit, �' ' i PLANNING COMMISSION `" r � '` a ° t � � r z r"': �+�s�� `t r' •w � „,,,-.,,,,,,:,;,-61.,:n4, + . �r�3'�y> ,�"ro��c �'�a'as�� zrox;{"'P'3.�a,�6 ,. , { jr .y: ,y.� t ,.� .., i G,,:. 'y, "fi •;h'”' >„,,,t4 ° t.:", i s ; AGENDA STATEMENT/STAFF REPORT ,I { ..�f uss # r �' x. ':,-.'6,"-C-''',, )r+ r: a. .a .4. , 1,,-�* ,')••• f"� ,4-..... ��,�� 1a�e'T�'?t.,x ' . , 1 ,�,t- { 4' i.Y tT� i1 t a Meeting Date `�, 9/17/84 a , F..1 ti°� ,�z, ,.k� _ 0 ‘� kr a u i Skjt4 yr�ip 3 s } r (a ' $ r + «v ,; fit 3' I ".4 T = { r''.t C.Y .0 ?'t hy's'X .x F:!;: ', t i" • r fi , • z... � r.o.j'} +d w'kca � �C �Ea. ,r• sa *F � �A°y"��' c { °•'k n,�tr. TO ° Planning Commission { k: r , x .�, ft, : ,1� .. {{ pp� . FROM. Planning Staff ? _-� i SUBJECT: PA 84-054' Lew`Doty,; Conditional/'Use''P$er• mi.t i Application for a ,Cadillac dealership at . .. , , ' ,._,. ; 6301 Scarlett Court, Dublin a - i 'S' 3 .R,,r .'+ ' ' 1,,'• J x ✓t k, t ,GENERAL INFORMATI ON ` !< p . PROJECT: A.''request ;by '-.Steve ;Doty' for �-, . Conditional Use °Permit {_€ Ito establish ''a Cadillac�dealership "at 6301 Scarlett ., lr .) 4,' ra tr '^4+ 2 i.i 4 c r t d r}� 'o ik t,- ,� � ' .,''$4 ',1 !a t k` .3 Court 9 , t.~Y M kt r441. Sy��E .: -, r, an 1 ° u a x : {a ? F ,i,- .,k, � � t{r � -44-3121::(ta i^ f rvafj ,r 3r fi Raa YC t '1 1 t r+ '{• APPLICANT Steve Doty '` i:'; 24773 Mission :`Bou1evar'd '},, , „cki +�,{, 4 f q t t �>r 4 t�y • a: t ; Hayward, California. +94544* ' z " ° - q*h, i SY t 4 s ,,i ,- :.z,„,...... �i -pis'V s t 9x a a z PROPERTY OWNER 'j , , Ora',Elliott ;� f, y' Z", Wre= 4,, 'Z ; , =9483 `Alcosta Boulevard ;4,�� F4,,,,,,,.-F �s 1�' t 4 t`, ', , "n San Ramon, California '94583 Ida ' '' Yt� �x , ,f ,: r� x!' { 1 � .-":::;';';i,',':;;:•.' -' •ii.",(3 T t S t r,r r ;1 yy i. 1-' t .3 � LOCATION: 6301 Scarlett Court 4 Dublin, California ;•ASSESSOR PARCEL NUMBER 941-55016 2 <: Y, aaeeQQ if 1 1` ,,5 PARCEL SIZE: 4 1 acres F h. Ffi tr a '''',-i,1,--.,::.:;'.*:.,";'-::---'' rt+ . t d.. a.; } ;.`3 ' ,:$rs Ai'`" {• EXISTING ZONINGTyhAND LAND USE wM 1 �lig.,L,i industrial, Sproperty tr • a ''''ill'' Y ;£ 'f f "� � • �atczz; K• �r " t 18' used 'for ',outdoor:t'stora a ."t' .rS`s#�;+f ti f r. a.. -� x '2 -k'+ ,. ,..x:.•,lRS„ - _.+4 y,+.... !y,, € g•: . §3 a.�c'„,. '"a. g>A, ".'%.t.:'.-, a�a�.. y�k -�� ,,wa.and for several small � 'i � ;ii h , e , .- x.t --''.. ,`-:,.: ,...)?.4.4.z r t i' ' 6 # ,,,,e.4:•'.4'•"-- 4,,Y ,� JY 4 ' ,"�.e` `}industrial shop within ,. � �,. t- }. ' Sa+'^v{s a. �# 4,z�'ti'41 Y� i �},'s7 i•t ', a� t �' {" ,tinSY �, rt�7 ,d � is.{�i�C, * {�; w t `tp�..'� :� ('��`k ,�f� . � �'" r,� 5 ,:�a r "`., ,-{ y `, '$ t ::14 } . 4,ice; i', (it" -u•F y s`�t ., M, *sy' `i '«k7Jy' +y Krs 8{ +�,`k r t'.j {m?- SURROUNDING LAND USE AND„.='',:•,,,,,,,..;'ZONING hnI t r �� f ..?� , 4 'R• Y t f"•:: ”. f ' P t '�4 ti'� 1 v aSzi 1 k Z f p �C„i.A <, '�i .� a iC 'sw� yi ,+ �• } ; ' +iFr'�fY�"yx;Yw �� _�3 �^ x�r �i't#A d'' '��r'' e -a } ki+r .i 3'' s k b7'?, .'i 3K ',n}` ,l}..,P t.a•y { v {. ^` .E'` • -;? 8e,.;: a, t:1•w.^'s 1144 , ; . YNorth °; ' Vacant;•` PD ;allowing bight industrial y °, * Pik w.. si a �,x•, . sni ,• ? K•„ �°°� i p 4,`'_ s .: � �.as "aR � r Wv� id 5 + t.n- r., �!f� sa � e r�, ;{ e -.„,,; p , ,: (M yl) san��d general $commercial k(,C 2)' uses` r w> ..y South . I 58O •�4' t x 111c d,,;', � +,+a" lq f' h + .$t:r. �F3 `xa West: •, .=Bus`ick Pro ert M 1 ' iii' ', i ,t a 1x+� # } r ,: P F�. y� � . �t k•!� hh °,•�' {'',rr.Y,d�� °F ?�Y- � a`�'n e/ t G▪ t e East. U Haul M 1 �„� � '«"4 ' k }rk� � r r , [ -..4ti 4.fi§�k -- "4,.4,, ' 'fir4, �i9i' :(!v F .Ri ,v-.;.L 7 le _ t ,..=, s,' k � '-, . ' : -7 i a:i}a•,,iy,a 4 t,*; S ' • . '1• ZONING HISTORY: 3/3/71 . Conditional "Use Permit 2259 was approved to ,allow outdoor storage t 3/3/71 ;Variance .5315 was :granted to .allow a non-conforming • dweiling to"`stay �. on- •the`"premises sand to{eliminate .. , ,. : the screening :requirement rf i Y,r .,5/24/72 • Variance'-5782 .was granted for side ' ':''')1,,1-`,'''-'-,*,'' and rear xxard variancesR''�' * ", ' ,•* ;� t - �,` w n jt}w a F r[ -t.! Y,1 "!-1,�+ ,,,i2 h P' '-o'i`tu g s 1 sA. ', ,C t Pu t+7 -. 3t F {0'yc2 dC 4.-`�S`t M .1f' i . ....,,,.. ,,,.: ,,,,,,,, r' c ATTACIIIIENT....,:::,£ITEM NO. Z • ., _-ka .,, ., ;.._..{o C . 11/12/75 Variance 6830 was granted to maintain the existing nonconforming sign APPLICABLE REGULATIONS: Section 8-51.3 allows for an automobile dealership to be considered as a Conditional Use in the M-1 district. Section 8-94 .0 states that conditional uses must be analyzed to determine; 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; - and 4) whether or not the use will be contrary to the specific intent clauses or performance 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 s contingent upon the acceptance and observance of specified conditions . ENVIRONMENTAL REVIEW: Categorically exempt NOTIFICATION: Public Notice of the 9/17/84, hearing was published in the Tri-Valley Herald, mailed to adjacent property owners, and posted in public buildings ANALYSIS: Steve Doty is requesting a Conditional Use Permit to relocate Lew Doty Cadillac Dealership, presently located in Hayward, to 6301 Scarlett Court. The relocation is to be done in two phases. The first phase would be the immediate occupation of the front half of the cite has shown in the attached site plans. During the first - phase, the applicant's office would be within a portion of the existing building located closest to Scarlett Court. The front portion of the lot would be removed of debris, vehicles and the like and would be paved and landscaped for automobile display and parking. The second phase of the relocation would be the submittal of a Site Development Review application to construct a formal dealership on the site. This application is consistent with the recent trend of projects on Scarlett Court; that is, a transition from the marginal outdoor storage ,and light industrial uses to a more j commercial and industrial intensification of the properties. It should be noted that there is one unresolved issue related to proposed signing. The applicant is proposing two freestanding signs whereas the Zoning Ordinance only allows one per lot. In addition, the Cadillac sign is proposed at a height of 20 ' , which is not consistent with the recommendations of the Dublin Sign Committee and the preliminary directions from the Planning Commission. The Dublin Sign Committee recommended that the maximum height of a sign should be 15 ' or the height of the building closest - to the street, whichever is less. Further, the sign is proposed to be located in the 20' front yard setback in the M-1 District; the Zoning Ordinance precludes freestanding signs from being erected in the setback areas. Staff is supportive of the overall request, with the revisions noted in the attached Resolution, since it will result in a significant improvement to the site and surrounding properties and generate additional revenue for the City of Dublin. It should be noted that at such time as the Site Development Review is submitted to construct the dealership, Staff will expect the entire site to be fully improved. In conclusion, the proposed project will result in a significant improvement to the site, generate additional revenues for the City and is consistent with what the City is trying to encourage in the Scarlett Court area. - RECOMMENDATION FORMAT: 1) Open public hearing and hear staff presentation 2) Take testimony from applicant and the public 3) Question staff, applicant and the public 4) Close public hearing and deliberate 5) Adopt Resolution regarding the Conditional Use Permit, or direct Staff to make revisions and continue the hearing. ACTION: Staff recommends that the Planning Commission adopt the attached resolution "Exhibit A" which approves Steve Doty's request for a Conditional Use Permit to establish a Cadillac dealership at 6301 Scarlett Court Should .the Planning Commission decide to deny the application, Staff recommends that the Commission continue the hearing and direct Staff to come back with the appropriate Resolution at the next Planning Commission Meeting. ATTACHMENTS 1) Exhibit A Draft Resolution 2) Applicant's statement i 3) Site Plans 4i Location map COPIES TO City Engineer B.I.D. Applicant �;... EXHIBIT A RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 84-054, LEW DOTY CONDITIONAL USE PERMIT, A REQUEST BY STEVE DOTY FOR A CONDITIONAL USE PERMIT TO ESTABLISH A CADILLAC DEALERSHIP AT 6301 SCARLETT COURT WHEREAS, Steve Doty, representing Lew Doty filed an application for a Conditional Use Permit to establish a Cadillac dealership at 6301 Scarlett Court; and WHEREAS, the Planning Commission did hold a public hearing on said application on 9/17/84; and WHEREAS, proper notice of said public hearing was given in all respects are required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Staff report was submitted recommending the application be conditionally ' approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The use is required by the public need to provide new and used automobiles to the general public; b) The use will be properly related to other ]/and uses and transportation and service facilities in the vicinity as daytime activities will be commersurate with present use of properties in the Industrial Zoning District; c) The use, if permitted, under all the circumstances and conditions of this particular case, wil 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; d) The use will not be contrary to the specific intent • clauses or performance standards established for the District in which it is to be located, as a new and used car dealership with limited impacts is consistent with the character of the industrial district; e) The use of a new and used car dealership will be consistent with the preliminary policies contained in the Revised Draft General Plan, specifically as follows: 1) The area is designated for Business Park/Industrial: Outdoor Storage which includes retail activities conducted outdoors . 2) Guiding Policy 2.2 .2 states "Keep automobile dealers in Dublin f) There is little or no probability that the use will be detrimental to or interfere with the future General Plan, should the use ultimately be inconsistent with the future General Plan BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said application subject to materials labeled Exhibit "B" on file in the Dublin Planning Department and subject to the following conditions : Unless otherwise specified, said conditions are subject to review ' and approval by the Planning Department and are to be complied with prior to issuance of grading or building permits. 1) Install curb, gutter, sidewalk, storm drains and street light improvements along the Scarlett Court frontage, as directed by the City Engineer 2) A grading plan shall be prepared for review and approval by the City Engineer. Minimum paved area slope shall be 1% and the maximum slope shall be 5%. A gutter shall be provided where water flows along curbs. Inlets adjacent to curbs shall have curb openings . Drainage calculations will be required to be prepared by a registered Civil Engineer to verify the pipe sizing within the project. A grading permit will be required. 3) Improvement plans for all public improvements shall be prepared for the review and approval by the City Engineer. 4) An Encroachment Permit shall be required for all public improvements. 5) The illegal sheds and office trailer shall be brought into compliance or removed per the direction of the Building Official. 6) A final landscape and irrigation plan shall be approved by the Planning Department. Said plan shall include . grass for the ground cover on the Scarlett Court frontage and 15 gallon trees spaced 25 feet on center. 7) A solid wall or fence shall be provided along that portion of the property line that corresponds to the Phase I application. Said fence details to be approved by the Planning Department. 8) A final lighting plan with footcandle details shall be approved by the Planning Department. 9 ). The landscaped islands within the parking area shall be increased in size. 10) If a Site Development Review is not approved within 90 days, the applicant shall remove the debris on the rear half of ..he lot and install a screening fence as directed by the Planning Department. • • • 11) Only one freestanding sign shall be allowed. The proposed car dealership sign shall be reduced to a maximum height of 15 ' with a proportionate area reduction; the sign shall not be located in the 20 ' front yard setback. 12) Performance and warranty bonds for the required public and private improvements shall be submitted within 30 days. 13) This approval is for the first phase only, which • would only allow the occupancy of a portion of the existing building closest to Scarlett Court, as referenced in Steve Doty's letter dated August 30, 1984 . 14 ) This approval is valid until 9/17/88 and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this th day of 1984 . AYES: NOES: ABSENT: Planning Commission Chairman ATTEST: Planning Director • • t l Lew %,; 11ty ,409 24773 MISSION BOULEVARD, HAYWARD,CALIFORNIA 94544 `'" o PHONE 4151581-2932 or 351-3055 R G c \ v VC) 14141 p1)gti.1N August 30, 1984 City of Dublin, • It is our intent to relocate Lew Doty Cadillac, a new car dealership presently located in Hayward, to 6301 Scarlett Court in Dublin. This move will be accomplished in two phases. Upon approval from the City of Dublin the first phase of this move would involve immediate occupancy by Lew Doty Cadillac's leasing and pre-owned sales operation. The second phase would include construction of a new dealership facility and the complete move of • Lew Doty Cadillac's new car sales, leasing and service operation to • 6301*Scarlett Court. This application is for the first phase only. We are requesting permission to occupy the front half of the 4.1 acre site as shown in the accompanying drawings. This would involve immediate improvement of the existing grounds as detailed in accompanying landscape plans and occupancy of the front office in its present form. This office is presently occupied by Pool Chhor, Inc. It is our intent to inventory and display new and pre-owned Cadillacs and operate a sales and leasing office. Upon approval by the City of Dublin of this application, we will immediately proceed with detailed plans for construction of the proposed new facility at this site and apply to the City of Dublin for approval of the second phase of our move. We feel that im- provement of the existing property and eventual construction of a new building at this site will enhance the beauty of Scarlett Court and attract more business to this area. Presently Lew Doty Cadillac sales are over two million dollars per month. This sales volume will provide additional revenue from taxes to the City of Dublin. Aside from application processing costs, we forecast no cost to the City of Dublin as a result of this project. This proposed project will result in increased support of charities and other community functions. I look forward to representing the . City of .Dublin in a manner that the entire community can respect and enjoy. Sincerely, • - — Steve Doty • • 1 MA P.:# t/! • • _- , •3 r t, 1' ! 1 ---=t_L- ---1. 11., El t i ' � 1 --_ ...--�---- 1 , I ---- i =-- ---- ' ' r I ; RI sl ! •• a • y 1 t I ... • i 1 • I I 1 ° 1 I. • - 1, j 1 , . 1 i, 41/4, • 1 •f • !t1 � , s F r40 . E si , 1 ./ ca`tp d ' \ _ 1 • • xl 1 it I �_ H • ji1 ; I '-z ( i ; 1 , :r 1 ! , I1 ; ■ , `. L 1 QJ ' . ' j L:`5 11 . . 1 flirt 1 ; t{1 1. .' 1 PI • 1 1......1 • : • 1 ., ,. r. ti 11 1 , S TLh1TrT3 . 1 I r , '' c 1 1 F 1 1 1 1 :•, M _ 1 } I I 1 4 I 0' 1 I I� _1 1 1 - a f 1i ,41 1 1 12 1 ltd 5 15 I = 1 1 • • I 1 — ' my I 1 - I ° 1 I i F 1.} 1. • I ;fir �r i 1 ? 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