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HomeMy WebLinkAboutReso 004-91 Chrysler CUP Appeal RESOLUTION NO. 04 - 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN UPHOLDING THE PLANNING COMMISSION'S ACTION APPROVING PA 90-074 CHRYSLER REALTY CORPORATION AUTO SALES AND SERVICE CONDITIONAL USE PERMIT AT 6451 SCARLETT COURT WHEREAS, Thomas Sholes, on behalf of the Chrysler Realty Corporation, filed a Conditional Use Permit to operate an auto sales and service facility at 6451 Scarlett Court; and WHEREAS, the Planning Commission did hold a public hearing on said application on November 5, and November 19, 1990; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be categorically exempt under Section 15301 (a)(h), Class 1 of the State CEQA guidelines because the project will consist of the operation and minor repair and maintenance of an existing structure involving no expansion of the use beyond the previously existing use; and WHEREAS, the subject property abuts Scarlett Court, an existing City street; and WHEREAS, City Ordinance No. 12-88 established the right-of-way lines for the extension of Dublin Boulevard between Dougherty Road and the Southern Pacific Railroad right-of-way, and for a street connecting the Dublin Boulevard extension with Scarlett Court, and the project is partially located in the adopted right-of-way of the Dublin Boulevard extension; and WHEREAS, the existing building is nonconforming because it is partially located within the adopted right-of-way line for the Dublin BOulevard Extension; and WHEREAS, the Applicant is not proposing to extend, enlarge structurally alter the building; therefore, the building can be for a permitted or conditionally permitted use; and WHEREAS, approval of this Conditional Use Permit will not affect or preclude the acquisition of the property for the Dublin Boulevard Extension; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible with existing land uses in the area and will not overburden public services; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, on November 19, 1990, the Planning Commission adopted Resolution No. 90-065, approving PA 90~074 Conditional Use Permit for the Chrysler Realty Corporation Auto Sales and Service Facility; and WHEREAS, the Planning Commission action approving PA 90-065 Chrysler Realty Corporation auto sales and service Conditional Use Permit was appealed; and WHEREAS, the City Council held a public hearing on the appeal on January 14, 1991; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted to the City Council recommending the City Council uphold the Planning Commission approval of the Conditional Use Permit application; and WHEREAS, the City Council heard and considered all reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT T~E Dublin City Council does hereby find: The proposed project will serve a public need by providing additional automobile sales and service in the City of Dublin. The use will be properly related to other land uses and transportation and service facilities in the immediate vicinity, as the proposed use will be compatible to said land uses, transportation and service facilities in the immediate vicinity. The use, under all circumstances and conditions of this particular case, will not materially adversely affect 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 neighborhood, as all applicable regulations will be met. 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 the proposed use is compatible with the adjacent general commercial and retail business district uses. The project is consistent with the policies contained in the City's General Plan. BE IT FURT}tER RESOLVED TFiAT THE Dublin City Council does hereby uphold the Planning Commission's action conditionally approving Conditional Use Permit application PA 90-074 as shown in Exhibit A, subject to the following conditions: - 2 - CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to Ithe issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. PA 90-074 Conditional Use Permit approval is for the operation of an auto sales and service facility at the existing building and site as generally shown in Exhibit A, plans prepared by Engineering West, dated received by the Planning Department August 31, 1990. This use will consist of the following: a) b) c) automotive vehicle sales and indoor/outdoor car displays; and automotive vehicle services (including painting and repair); and automotive vehicle sales/parts department. The Applicant shall provide and maintain at all times the following type and number of on-site parking spaces: 13 employee parking spaces 12 customer parking spaces 8 service parking spaces 1 handicapped parking space All parking spaces shall be repainted and the customer, employee and handicapped parking spaces shall be double- striped (4-inch-wide stripes, spaced approximately 2 feet apart). The handicapped, customer, employee and compact parking spaces shall be appropriately identified on the pavement. Prior to striping the site, the Applicant shall submit a parking lot striping plan subject to review and approval by the Planning Director. The Applicant shall remove all existing signs which identify businesses that are no longer in operation. In addition, the Applicant shall submit final sign plans for all new signs in compliance with the City's Sign Ordinance. These sign plans are subject to the review and approval by the Planning Director, and the Applicant shall obtain all necessary building permits. Prior to occupancy of the existing building, the Applicant shall repair all damaged pavement in the parking areas subject to the review and approval by the Public Works Director. The Applicant shall comply with the following Dougherty Regional Fire Authority requirements: a) The area around the perimeter of the building is designated as a 20' fire lane. This fire lane must be - 3 - 10. 11. 12. properly posted as per the California Vehicle Code Section 22,500.1. b) All hazardous waste, i.e., waste oil, waste anti- freeze, used batteries, etc., must be stored and labeled in accordance with the Alameda County Hazardous Waste guidelines. These guidelines are available through the Alameda County Environmental Health Department. c) Any spray painting must be done in an approved spray booth equipped with an approved automatic extinguishing system. As required by the Dublin Police Department and prior to occupancy of the existing building, all security hardware must comply with the City of Dublin Non-residential Security Requirements (City Ordinance No. 21-89, attached). Outdoor storage or display of merchandise is expressly prohibited except when located within the approved car display area, or unless authorized by subsequent Conditional Use Permit or Administrative Conditional Use Permit approvals for special promotional events. All demonstrations, displays, services, and other activities shall be conducted entirely within the structures on the site. No loudspeakers or amplified music shall be permitted outside the enclosed structure. Prior to occupancy or establishment of use, all landscaped areas shall be enhanced and maintained in accordance with previous plans approved November 3, 1986, February 4 and April 7, 1987. All landscaping shall be irrigated by an automatic irrigation system. If a new landscape plan is proposed, which indicates changes in the existing landscape layout, design, or plant type, the Applicant shall submit a detailed landscape and irrigation plan (1 inch = 20 feet scale), including a cost estimate of work and materials, subject to the review and approval of the Planning Director. Landscape plans should indicate the general plant pallet including description of plants, rate of growth, container size, and typical planting and double staking detail. Landscape and irrigation plans shall be signed by a licensed landscape architect. Landscaping at the site shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping at drive aisle intersections shall not be higher than 30" above the curb. - 4 - 13. The Applicant shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement (attached). 14. Prior to occupancy of the existing building, the Applicant shall supply written confirmation that the requirements of the Dublin San Ramon Services District and Dougherty Regional Fire Authority have been met. 15. This permit shall expire January 14, 1992. 16. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this permit shall be subject to citation. 17. To apply for building permits, the Applicant shall submit six (6) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of this Resolution of Approval. The notations shall clearly indicate how all conditions of approval will be complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. PASSED, APPROVED AND ADOPTED this 14th day of January, 1991. AYES: Councilmember Burton, Howard, Jeffery and Mayor Snyder NOES: Councilmember Moffatt ABSENT: None ATTEST: - 5 - 7',LIBIHX3 rn 'i L"-,.,-?~.~'SLER REAL'['Y CORP.   F_NGI,'NEER~4G WE RECEIVED' AUG 8 1 1990 ON1NNV']H 0~6~, '~ :~ ,R,~. DN'i'Ir3~NIDN't 'dHOD i NOLLYAON~IW eNla~lnm ! ! ~ , ! 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