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HomeMy WebLinkAbout8.1 Att 1 Reso Approving CUP RESOLUTION NO. 15-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ��� APPROVING A CONDITIONAL USE PERMIT TO CREATE AN EQUIPMENT AND MATERIALS STORAGE YARD AT 6591 SIERRA LANE (APN 941-0205-019-00) PLPA-2015-00036 WHEREAS, the Applicant has requested approval of a Conditional Use Permit to create an 11,600 square foot Equipment and Materials Storage Yard on the northwest corner of the site. The yard will include the construction of an 8-foot wall surrounding an area where materials and equipment for the business (Natural Stone) will be stored; and WHEREAS, the Project is located in an M-1 (Light Industrial) Zoning District; and WHEREAS, an Equipment and Materials Storage Yard is permitted in the M-1 (Light Industrial) Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, in accordance with Section 8.104.030 of the Dublin Municipal Code, the construction of walls in the M-1 (Light Industrial) Zoning District is subject to approval of a Site Development Review Waiver; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts; and WHEREAS, the Project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15332, In-Fill Development; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on October 13, 2015 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit: ATTACHMENT 1 A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the Project is located on a parcel that is developed for light industrial uses; 2) the Project site is accessible from existing driveways on Sierra Lane; and 3) the Project site is surrounded by existing light industrial and commercial uses. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that: 1) the Project will conform to all applicable regulations contained in the Dublin Zoning Ordinance; and 2) Conditions of Approval have been applied to the Project to ensure on-going compatibility with the Project's surroundings. C. It will not be injurious to property or improvements in the neighborhood in that: 1) the Equipment and Materials Storage Yard will be fully screened from public view behind an 8-foot wall; 2) a Condition of Approval has been placed on the Project prohibiting any materials from being stacked so that they are visible above the wall of the Storage Yard or placed outside of the Storage Yard or in any location where they may be visible; and 3) the Project is surrounded by existing light industrial and commercial uses. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: 1) vehicular access to the site is available from existing driveways on Sierra Lane; 2) the Project frontage is fully improved with a sidewalk that provides pedestrian access to the Project; and 3) the Project will be served by existing public utilities and services. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that.• 1) the Project is located on a parcel that is developed for light industrial uses and is accessible to vehicles and pedestrians from existing driveways on Sierra Lane; 2) a Condition of Approval has been placed on the Project limiting the Equipment and Materials Storage Yard hours of operation to between 6:00 a.m. and 5:30 p.m. Monday through Friday; and 9:00 a.m. to 4:00 p.m. on Saturday; 3) a Condition of Approval has been placed on the Project prohibiting any materials from being stacked so that they are visible above the wall of the Storage Yard or placed outside of the Storage Yard or in any location where they may be visible; and 4) all required parking will be provided on the Project site. F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the Project is located within an M-1 (Light Industrial) Zoning District, in which Equipment and Materials Storage Yards are conditionally permitted; 2) the Project is located on a parcel that is developed for light industrial uses; and 3) all required parking will be provided on the Project site. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the Project site has a General Plan designation of Business Park/Industrial; 2) the Project would be located on a parcel that is developed for light industrial uses; and 3) an Equipment and Materials Storage Yard is consistent with the General Plan designation of Business Park/Industrial. 2of6 BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit for the operation of an Equipment and Materials Storage Yard as shown on the project plans dated received by the Planning Division on October 1, 2015, and in the written statement date stamped received by the Planning Division on September 3, 2015 and incorporated by reference, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. COA# Condition Text Resp. Required A enc Prior to: PLANNING DIVISION 1. Approval. This Conditional Use Permit approval is to construct an PL On-going enclosed Equipment and Materials Storage Yard at 6591 Sierra Lane (PLPA-2015-00036). This approval is for the construction of outdoor storage area fencing in accordance with the Project Plans prepared by Hopkins and Wall Architects, dated received October 1, 2015, and the AEP Span metal material sample provided by the A licant, which shall be ainted to match the buildin . 2. Effective Date. This Condition Use Permit approval becomes PL On-going effective after the 10-da a eal eriod has assed. 3. Permit Expiration. Construction or use shall commence within PL One Year one (1) year of Permit approval or the Permit shall lapse and After become null and void. If there is a dispute as to whether the Permit Effective has expired, the City may hold a noticed public hearing to Date determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 4. Time Extension. The original approving decision-maker may, PL Prior to upon the Applicant's written request for an extension of approval Expiration prior to expiration, upon the determination that all Conditions of Date Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing shall be held before the ori inal hearin bod . 3 of 6 COA# Condition Text Resp. Required A enc Prior to: 5. Compliance. The Applicant/Property Owner shall operate this use PL On-going in compliance with the Conditions of Approval of this Conditional Use Permit, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions s ecified ma be sub'ect to enforcement action. 6. Revocation of Permit. The Conditional Use Permit approval shall PL On-going be revocable in accordance with the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be sub�ect to citation. 7. Requirements and Standard Conditions. The Applicant/ Various Building Developer shall comply with applicable City of Dublin Fire Permit Prevention Bureau, Dublin Public Works Department, Dublin Issuance Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions re uired have been or will be met. 8. Required Permits. Developer shall obtain a building permit for B Building the new exit signs within the building and to verify that the gate Permit exists are designed and installed in accordance with Building Code Issuance re uirements. 9. Building Permits. To apply for building permits, B Issuance of Applicant/Developer shall submit five (5) sets of construction plans Building to the Building & Safety Division for plan check. Each set of plans Permits shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of buildin ermits. 10. Building Codes and Ordinances. All project construction shall B Through conform to all building codes and ordinances in effect at the time of Completion buildin ermit. 11. Controlling Activities. The business owner shall control all PL Through activities on the project site so as not to create a nuisance to construct-ion existin /surroundin businesses and/or residences. and on- oin 12. Annual Review. On an annual basis, this Conditional Use Permit PL On-going approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of A roval. 13. Hours of Operation. The hours of operation for the Outdoor PL On-going Storage Yard shall be limited to the hours that the indoor business is o en. 14. Employees Only. The Equipment and Materials Storage Yard PL On-going shall be accessible to em lo ees onl — no customers. 4of6 COA# Condition Text Resp. Required A enc Prior to: 15. Stacking height. At no time shall any material or item be stacked PL On-going so that it is visible above the wall of the Storage Yard. At no time shall boxes, pallets or any other item be placed outside of the Storage Yard or in any location where these items may be visible from ublic view or ad'acent ro erties. 16. All Storage within Storage Yard. No materials, boxes, pallets, or PL On-going other items can be placed outside of the Storage Yard or in any other location that is visible from public view or from adjacent ro erties. 17. Allowed materials. Materials allowed to be stored in the yard PW On-going must be those that will not result in stormwater ollution. 18. Fees. Applicant/Developer shall pay all applicable fees in effect at Various Building the time of building permit issuance. Permit Issuance 19. Indemnification. The Developer shall defend, indemnify, and hold ADM On-going harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full coo eration in the defense of such actions or roceedin s. 20. Clarification of Conditions. In the event that there needs to be PL, PW On-going clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed im rovements or miti ations resultin from im acts to this ro�ect. 21. Project Completion. The fence shall be installed, painted to PL Occupancy/ match the building. Final paint color is subject to City review and utilization of approval. The Applicant shall paint a portion of the wall and gate the outdoor the proposed color and shall call for a Planning inspection prior to storage area aintin the wall and ate in their entiret . PASSED, APPROVED AND ADOPTED this 13th day of October 2015 by the following vote: AYES: NOES: 5 of 6 ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:IPA120151PLPA-2015-00036 Outdoor Storage CUP-Natural StonelPC 10.13.20151PC Reso.docx 6 of 6