HomeMy WebLinkAbout03-032 DublinHondaCUP 03-09-2004 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: March 9, 2004
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
PUBLIC HEARING - PA 03-032 Ken Harvey/Dublin Honda
Automobile/Vehicle Storage Lot (E. Greg Kent Property),
Conditional Use Permit
(Report prepared by: Janet Harbin, Senior Planner)
2.
3.
4.
Resolution approving a Conditional Use Permit
Applicant's Written Statement
Site and Parking Layout Plans
Letter from Property Owner dated August 13, 2003
2.
3.
5.
6.
o
Open public hearing.
Take testimony from the Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Determine if the alternate Condition #8 relative to fencing
the vehicle storage lot should be added to the conditions of
approval in the attached resolution, or
Determine that Condition #8 as included in the Resolution
(Attachment 1) is appropriate for the site, and
Adopt the attached Resolution approving the Conditional
Use Permit to establish a vehicle parking facility for PA 03-
032 Ken Harvey/Dublin Honda (E. Greg Kent Property),
subject to conditions of approval.
BACKGROUND:
The applicant is requesting a Conditional Use Permit to operate an automobile/vehicle storage lot at 6207
Sierra Court in an existing parking lot (see Applicant's Written Statement, Attachment 2). The
Conditional Use Permit will allow the storage of vehicles for the Ken Harvey/Dublin Honda auto
dealership on a 1.5-acre improved site owned by E. Greg Kent. The property is located approximately 2
miles east of the Honda auto dealership on Amador Plaza Road (APN 941-0205-015). The applicant is
requesting that the parking lot be used as an automobile/vehicle storage lot, available for use by the
dealership for the duration of the construction of the expanded Dublin Honda facility, recently approved
by the City Council, and also for vehicles currently stored at the site. Additionally, the Applicant is
requesting that the property owner be allowed to operate the vehicle storage yard unfenced (as it is at the
present time), without the expense of constructing a gated perimeter fence around the lot.
The facility would be used to store Honda vehicles until the proposed expansion of the dealership is
completed or the facility is relocated to another site in Dublin, providing additional parking for the
G:~PA#L2003\03-032 Dublin Honda Vehicle Storage\PCSR.doc
COPIES TO: Applicant
Property Owner
Project File
dealership's inventory of vehicles. The property owner operates a carpet business, C&C Carpets, and
other retail businesses in the building on the site, for which there are excess and unused parking spaces in
the lot because of the nature of the uses (sale of large household items and retail services). As there are
other vehicles presently stored at the site or temporarily parked in the parking lot of the site, Staff suggests
a conditional use permit be approved to allow use of the lot for parking and vehicle storage, and also
permit such use for an indefinite amount of time.
ANALYSIS:
The Applicant, Ken Harvey, owns the Dublin Honda dealership located at 7099 Amador Plaza Road in the
Downtown Core Specific Plan area. On July 8, 2003, The Planning Commission recommended approval
of a Planned Development Rezoning and Development Plan, Site Development Review, and Master Sign
Program for the expansion and renovation of the auto dealership to the City Council. The approved
project consisted of the renovation of the showroom and the exterior of the building to meet the
requirements of the Honda Corporation for their franchises, and to also expand the 10,000 square foot
dealership to 33,068 square feet. The expansion plan included an open parking area on the second level
for vehicle storage and overflow parking, thereby increasing the existing parking on the site from 80
spaces to 180 spaces. On August 19, 2003, the City Council approved the project based on the Planning
Commission's recommendation.
The construction of the expansion at the Honda dealership is anticipated to disrupt the dealership site on
Amador Plaza Road and displace the existing inventory parking for the duration of the construction
period. The applicant has stated that at the present there is inadequate space on the dealership site to
move inventory around and park it during the construction of the expanded facility, and also continue to
meet customer demand. Dublin Honda is also considering the possibility of relocating the dealership to
the vacant Dolan Lumber site rather than expanding at their present location. The site to be used for the
storage of Honda vehicles is located to the east of the Dublin Honda dealership on Sierra Court in the light
industrial area near Dougherty Road and Dublin Boulevard. The site contains an existing building and
business operated by the property owner (see Site and Parking Layout Plans, Attachment 3). An existing
parking lot located behind Mr. Kent's building will be used for the vehicle storage.
In addition to the storage lot proposed for the Kent property, the Planning Commission previously
approved the Applicant on August 26, 2003 to use another paved parking lot area owned by Dee Popular
located at 6700 Sierra Lane. The Applicant will need both lots for inventory storage during the process of
renovating the existing dealership or relocation of the dealership to another site.
Recent Zoning Amendment for Vehicle Storage Lots: The proposed site is a paved parking area where
vehicles are being stored for other businesses. A driveway from Sierra Court provides access to the lot;
however, the lot is not visible from the street. Sierra Court, the accessway, and the storage lot have been
fully improved to meet current traffic conditions and in accordance with the requirements of the Public
Works Department.
The area on the Kent property proposed for vehicle storage does not have a perimeter fence with security
features that meet the Police Department requirements. The Applicant is requesting that the property
owner not be required to install a new perimeter fence with a gate for the operation, as the site has been
used previously for vehicle storage without fencing, is not visible from the public right-of-way, and is
without the occurrence of any problems related to the lack of fencing (see Attachment 4, Letter from
Property Owner dated August 13, 2003). Although the City Council recently approved an amendment to
the regulations established by the Zoning Ordinance, Section 8.08.20, Definitions, modifying the
requirement for all automobile/vehicle storage lots to be located behind a 6-foot high wall or fence, each
situation must be reviewed on a case-by-case basis by the approving agency. The definition of an
Automobile/Vehicle Storage Lot was revised to remove the requirement that the storage of operable
vehicles be located behind a 6-foot high solid wall or fence, and the fence requirement was changed to be
optional and may be required on a site specific basis.
As mentioned above, recent revisions to Section 8.08.20, Definitions, of the Zoning Ordinance allow the
Planning Commission the discretion to require fencing to be installed around the perimeter of a vehicle
storage lot. The Staff requests that the Commission determine if this fencing should become a
requirement of the conditional use permit and, if so, the following condition should replace Condition 8 of
the Conditions of Approval in the Resolution in Attachment 1:
Fencing and Gates. The parking area designated for the storage of vehicles shall
be located within a fenced area, with a new perimeter fence installed subject to
issuance of Building Permits, on the site and be maintained in good condition
throughout the duration of its use. The gated entrance to the installed fenced area
shall be kept closed and locked at all times except during authorized drop-off or
removal of vehicles. Any Fire Department accessways within the fenced area shall
be equipped with gates with Knox boxes.
Zoning and General Plan:
The current zoning for the subject property is M-1 Light Industrial which requires that the Planning
Commission approve a Conditional Use Permit before a vehicle storage use can be established. The
General Plan designation for the site is Retail/Office & Automotive. The property is located in an area of
light industrial type uses and business parks, and adjacent to an area containing several businesses that
operate outdoor storage facilities in conjunction with light industrial business uses.
Conditional Use Permit:
As the M-1 Light Industrial zoning district requires a Conditional Use Permit for the vehicle storage use,
the Applicant has requested approval of a permit from the Planning Commission (see Applicant's Written
Statement, Attachment 1). Various City Departments have reviewed the project and have requested
conditions of project approval for the parking lot in order to maintain minimum health and safety
standards. These conditions are contained in the Resolution in Attachment 1. No other governmental
agencies commented on the project, as the site is developed and fully improved. Staff has reviewed the
project and has determined that the required Conditional Use Permit findings in the Resolution in
Attachment 1 can be made.
Noticing:
In accordance with State law, a public notice was mailed to all property owners and occupants within 300
feet of the proposed project, to advertise the project and the upcoming public hearing. A public notice
was also published in the Valley Times and posted at several locations throughout the City. To date, the
City has received no contact or objections from surrounding property owners or tenants regarding the
current proposal.
CONCLUSION:
The parking area proposed for the automobile/vehicle storage lot meets the requirements of the Zoning
Ordinance for an Automobile/Vehicle Storage Lot. It is improved and is suitable for use as a vehicle
storage lot, except that it does not contain the recommended fencing and gate normally associated with
this type of use. Although the property owner due to the lack of fencing has experienced no problems, as
the lot is not visible from the street right-of-way, the Police Department suggests that the installation of
fencing with gates be required for the lot. The Planning Commission should determine if this should be
3
required or not, and if required, approve the Conditions of Approval with the alternative wording for
Condition #8 as discussed in this report.
Additionally, the use is compatible with the surrounding uses consisting of businesses and services with
adjacent parking and storage lots. Although Dublin Honda will only use the lot to store vehicles for a
limited time, and areas for vehicle storage are scarce, Staff is recommending that the conditional use
permit allow for the lot to be used indefinitely for vehicle storage.
ENVIRONMENTAL REVIEW:
This project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 of the
California Environmental Quality Act Guidelines. The project consists of minor modifications to an
existing building or site, is consistent with all General Plan and Zoning regulations, and currently served
by all required utilities and public services.
RECOMMENDATION:
Staff recommends that the Planning Commission:
Determine if the alternate Condition #8 relative to fencing the vehicle storage lot should
be added to the conditions of approval in the attached resolution, or
Determine that Condition #8 as included in the Resolution (Attachment 1) is
appropriate for the site, and
Adopt the attached Resolution approving the Conditional Use Permit to establish a
vehicle parking facility for PA 03-032, Ken Harvey/Dublin Honda (E. Greg Kent
Property), subject to conditions of approval.
GENERAL INFORMATION:
Property Owner:
Applicant:
Location:
Assessor Parcel No.:
Existing Zoning:
General Plan Designation:
E. Greg Kent
6207 Sierra Lane
Dublin, CA 94568
Ken Harvey
Dublin Honda
6700 Amador Plaza Road
Dublin, CA 94568
6207 Sierra Lane
APN 941-0205-013-02
M-l, Light Industrial Zoning District
Retail/Office & Automotive
RESOLUTION NO. 03-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 03-032 KEN HARVEY/DUBLIN HONDA
CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOBILE/VEHICLE STORAGE LOT
AT 6207 SIERRA COURT (E. GREG KENT PROPERTY)
WHEREAS, the Applicant, Ken Harvey, owner of the Dublin Honda auto dealership, has
requested a Conditional Use Permit application to operate an automobile/vehicle storage lot within a
private parking lot owned by E. Greg Kent and located at 6207 Sierra Lane (APN. 941-0205-013-02), in a
M-1 Light Industrial Zoning District; and
WHEREAS the Planning Commission held a properly noticed public hearing on said application
on March 9, 2004; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission
application be conditionally approved; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for environmental
impact and that environmental documents be prepared; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301 (a); and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony herein above set forth and used their independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is appropriate for the
subject site.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
find that:
mo
The proposed use serves the public need by providing a location for storage of new
vehicles owned by auto dealerships during expansion of existing facilities or excessive
inventory, thereby providing the community with a greater opportunity to purchase
automotive vehicles in a convenient location.
The proposed use will not adversely affect the health or safety of persons working in the
vicinity, and will not be viewed as detrimental to the public health, safety, and welfare
because of the proximity of its location to other automotive related uses, light industrial
business parks and related activities. Neighboring property owners in the vicinity of the
project include commercial offices and warehouses, automotive repair and service
facilities, and other locations such as parking lots where vehicles are stored for a period of
time. Additionally, conditions of approval will ensure ongoing compatibility with other
ATTACHMENT 1
surrounding land uses that are commercial in nature.
The use, under all circmnstances and conditions of this permit, will not be injurious to
property uses or improvements in the neighborhood. Other commercial service and storage
facilities in the immediate vicinity complement the proposed project.
There are adequate existing 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. No alteration or extension of such
services would be necessary.
The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed. The Sierra Court and Sierra Lane business park area is
one of the more appropriate industrial parks in the City for industrial and commercial uses
that are compatible with the surrounding neighboring uses. Additionally, the storage of
vehicles will occur in a fenced parking area behind an existing building, and not be visible
from the public right-of-way.
The proposed project is consistent with the intent of the M-1 Light Industrial Zoning
District, which encourages light industrial uses serving transportation needs adjacent to
major transportation corridors and adjacent roadways.
The proposed use is consistent with the Dublin General Plan in terms of land use and
development standards.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
approve PA 03-032 Conditional Use Permit to allow the operation of an automobile/vehicle storage lot
within an existing parking lot as generally depicted by the site plan, labeled Attachment 3, stamped
approved on March 9, 2004 by the Planning Commission, and on file with the Dublin Community
Development Department, Planning Division, subject to compliance with the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subject to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works
[ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSRSD]
Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health.
2
CONDITION TEXT' RESPON, WHEN SOURCE
AGENCY ~Q
Prior to:
GENERAL CONDITIONS
'I. Approval. PA 03-032 Sierra Lane Automobile/Vehicle PL Ongoing Standard
Storage Lot Conditional Use Permit approval is for the
operation of a vehicle storage lot to serve Dublin Honda and
other similar businesses within an existing parking lot
located at 6207 Sierra Court. This approval shall conform to
the project plans stamped approved on March 9, 2004
labeled Attachment 2, consisting of a site and parking plan
dated received by the Planning Department on June 18,
2003.
2. New Signage. Any new signage shall be subject to the PL Ongoing Standard
provisions of the Sign Regulations, Chapter 8.84 of the
Zoning Ordinance.
3. Parking Area. The parking area shall be used in the manner PL Ongoing Standard
represented in application plans, written statements and
other documents.
4. Enforcement Action. The Applicant and the Property PL Ongoing Standard
Owner shall operate all uses in compliance with the
Conditions of Approval of this Conditional Use Permit and
the regulations established in the Zoning Ordinance. Any
violation of the terms or conditions specified may be subject
to enforcement action.
5. Revocation. This Conditional Use Permit shall be PL Ongoing Standard
revocable for cause, upon the determination by the
Community Development Director that the conditions of
approval are not being met, or if the above related findings
of approval cannot be met. Failure to comply with the
conditions of approval will cause the permit to become null
and void.
6. Code Compliance. The project shall be in compliance with PL, B, F, Ongoing Standard
all appropriate local, state and federal laws and regulations PO
and shall be in compliance with all conditions listed within
the Municipal Code, Non-Residential Building Security
Requirements, and adopted standard conditions for non-
residential building security. The applicant shall also comply
with all applicable regulations, requirements and ordinances
of the City of Dublin Planning and Building Department,
Alameda County Fire Authority, and the Dublin Police
Department.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY ~Q'D
p~or to:
SITE MAINTENANCE
7. Site Maintenance. The applicant shall be responsible for PL, B Ongoing Standard
maintaining the site in a clean and litter-free condition at all
times.
g. Paved Parking Area Maintenance. The parking area PL, PO, F Ongoing Standard
designated for the storage of vehicles shall be located with
the paved parking lot area on the site and be maintained in
good condition throughout the duration of its use. Any
fencing installed by Applicant or Property Owner shall be
subject to the approval and issuance of Building Permits.
9. Vehicle Storage Activities in Parking Lot Area Only. All PL Ongoing Standard
activities associated with the vehicle storage lot shall be
conducted entirely within the parking lot area designated for
Dublin Honda parking on the project site plan. No repairs,
detailing or servicing of vehicles shall be conducted in the
parking lot.
LIGHTING & SECURITY
10. Lighting and Security Requirements. Lighting within the PO Ongoing Standard
vehicle storage lot must meet the current requirements
specified in the City of Dublin Non-Residential Security
Ordinance, and be to the satisfaction of the Police
Department.
LICENSES & PERMITS
11. Other Licenses and Permits. The applicant shall obtain all PL, PO Ongoing Standard
necessary licenses and permits through the Department of
Motor Vehicles and the State Board of Equalization prior to
the establishment of the use. Said licenses and permits shall
be displayed at all times during the operation of business.
DURATION OF PERMIT
12. Duration of Permit. This approval shall be valid and PL Ongoing Standard
permit the storage of vehicles in the paved parking lot in the
designated area, as shown on the project plans. The
conditional use permit for the operation of the storage lot
shall run with the land, and may be terminated by the
Community Development Director if the conditions of
approval are violated as referenced in Conditions 5 and 6,
above.
4
PASSED APPROVED AND ADOPTED this 9th day of March 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Commission Chairperson
Planning Manager
G:PA\2003\pa03032\pc-reso&coa
Written Statement:
Dublin Honda is seeking the approval of a conditional use permit to store
new vehicles on the lot owned by E. Greg Kent and located at 6207 Sierra
Court. The lot is surrounded by buildings and storing vehicles there will
have no negative impact. The lot will be used for storage only during the
and there will be no business conducted at this location.
We seek approval based on the following criteria:
a. The lot will be used for storage purposes only.
b. There will be no employees at this location.
c. There will be no hours of operation.
d. The storage will not target any segnnent of the population.
e. The community will benefit because the cars being stored will be out of
sight from the general public.
f. The storage will not disrupt the peace of the surrounding businesses.
g. The storage will have no negative effects on the health or safety of
people working in the vicinity.
h. There will be no negative impacts on property, transportation systems or
existing improvements in the neighborhood.
i. The proposed project is not located on a hazardous waste and substance
site.
E. GREG KENT
P.O. BOX 236
ALAMO, CA 94507
FAX (926) 828-2385
OFFICE:
(926) 828-7810
August 6, 2003
Janet Harbin, Senior Planner
City of Dublin
100 Civic Plaza
Dublin, CA 94568
6207 Sierra Court, Dublin, CA 94568
Parcel Number 941-0205-013-02
Dear Janet:
Please accept this as our official response to Dean Baxtey's letter dated
August 5, 2003.
It is our intent to park vehicles of varying types in the parking lot we own at
the above referenced location. We will be parking limousines, sign vehicles,
auto carriers and the like, as we have done for the past 25 years.
Please feel free to contact me at (925) 828-7810, ext. 210 if you have any
further questions or concerns in this regard.
Sincerely,
· Greg'~
RECEIVED
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RANDLETT'& FOULK, INC.
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PO. BOX 23~
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OFFICE: (e26) e2s-T8~o
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Janet Harbin, Senior Planner
City of Dublin
100 Civic Plaza
Dublin, CA 94568
RE: 6207 Sierra Court, Dublin, CA 94568
Parcel Number 941-0205-013.02
Dear Janet:
August 13, 2003
This letter is in response to the City of Dublin regulation rexluirmg that
vehicle s~orage areas have a 6 foot fen~ surrounding them.
It is our intent to park vehicles of varying types in the parking lot we own at
the above referenced location. We will be parking limousines, sign vehicles,
auto carriers and the like, as we have done for the past 25 years_
We strongly feel that any type of fencing would be detrimental to our
parkiag lot. Not only would it be too costly (considering the rent c, ollccte, d
on such a lease), it would take away fi.om thc currem number of parking
spaces and make the parking lot difficult to use. The vehicles parked in the
lot are there on a temporary basis. The reason ther~ is room fi-om them is
be, cause of the current type ofteoants we .have in our buildings. If, for some
reason, we were to pm a new tenant that required more parki~ spa~s '
we would, with 90 days notice, tm~,,inate any short term lease to park.
vehicles in our lot.
Please feel free to contact me at (925) 828-7810, ext. 210 if you have any
further questions or concerns ia this regard.
E. Greg