HomeMy WebLinkAbout03-073 18 Moext CUP 03-09-2004 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: MARCH 9, 2004
SUBJECT:
ATTACHMENTS:
PUBLIC HEARING - PA 03-073, 18-month extension to an
existing Conditional Use Permit for an automobile and recreational
vehicle sales and storage establishment in a C-2 (General Commercial)
zoning district at 6451 Scarlett Court (APN 941-0550-012-11)
Report preparect by: Kristi Bascom, Associate Planner ~/
1. Written Statement
2. Location Map
3. Site Plan
4. Zoning History for 6451 Scarlett Court
5. Planning Commission Staff Report dated December 9, 1997
(without attachments)
6. Resolution approving an 18-month extension to the existing
Conditional Use Permit for an automobile and recreational
vehicle sales and storage establishment in a C-2 (General
Commercial) zoning district at 6451 Scarlett Court
RECOMMENDATION:
2.
3.
4.
5.
Open public hearing and hear Staff presentation.
Take testimony from the Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Adopt Resolution (Attachment 6) approving an 18-month
extension to the existing Conditional Use Permit for an
automobile and recreational vehicle sales and storage
establishment in a C-2 (General Commercial) zoning district
at 6451 Scarlett Court.
PROJECT DESCRIPTION:
The Applicant is requesting an 18-month extension to an existing Conditional Use Permit (CUP) for an
automobile and recreational vehicle sales and storage establishment at 6451 Scarlett Court. The current
temporary Conditional Use Permit expired on February 17, 2004 and the Applicant would like to extend
the use for an additional eighteen months while they are constructing a permanent facility elsewhere in
Dublin (See Attachment 1, Written Statement).
BACKGROUND:
Dublin Honda Used Cars is an existing business in a commercial/industrial area. The triangular-shaped
site has streets on two sides (Scarlett Court and Dublin Boulevard) and a former lumber storage yard to
the east, which is now proposed to be the site of a new Dublin Honda auto dealership. Across Dublin
Boulevard to the north is a gas station, restaurant, hotel, and other auto service-related uses. To the west
are several auto-related businesses and to the south is Scarlett Court and Highway 580 (See Attachment 2,
G:\PA#~2003\03-073 Honda CUP extension\PC Staff Report.doc
COPIES TO: Applicant
Property Owner
PA File
Project Manager
ITEM NO. · _,
Location Map).
The existing business occupies a modular building for office space, and a paved parking lot provides
customer parking and vehicle inventory spaces on the site. Landscaping near the modular unit and the
edge of the site consists mainly of trees and bark groundcover, and a grass area on which Dublin Honda
parks display cars for sale (See Attachment 3, Site Plan).
Automobile and recreational vehicle sales and storage are both uses that are conditionally permitted in the
City's C-2 (General Commercial) Zoning District. An Automobile and/or Recreational Vehicles sales
establishment has been operating at this location since a temporary, three (3) year Conditional Use Permit
was approved in 1984 (See Attachment 4, Zoning History). Since the permit was issued in 1984, various
temporary Use Permits have been approved for auto sales related uses on the site for time periods ranging
from one to five years.
In 1994, the Planning Commission approved a five-year Conditional Use Permit to allow an automobile
and recreational vehicle sales and storage facility on the site, which was valid through February 17, 1999.
In 1997, the property owner applied to remove the expiration date on the use, so that the Use Permit
would become permanent. However, Staff identified several concerns with allowing this use permanently,
due to the interim nature of the site improvements and the temporary, modular building that serves as the
business office and is the only building on site. The application request was then revised to propose a
five-year extension of the existing Conditional Use Permit with an expiration date of February 17, 2004.
At this time, the Applicant (current tenant, Dublin Honda Used Cars) is requesting to extend the
Conditional Use Permit again. Their original request was for a four-year extension, but Staff informed the
Applicant and property owner that the previous extension to the CUP was intended to be the last, due to
concerns about the interim nature of the site, including a temporary building, minimal landscaping, and
substandard paving in the parking lot area (See Attachment 5, Staff Report).
Staff's concerns with the extension of the CUP mainly relate to the appearance of the interim use on this
site and its compatibility with and proximity to new development that has occurred and will continue to
take place in the area. Because this site is located at an important gateway to Dublin, the appearance of
the site is sensitive. It is Staff's position that since the site is located on a highly visible commercial
corridor adjacent to the City's most major intersection, then it should be upgraded to have a permanent
building and full site improvements.
In light of Staff' s concerns, the Applicant agreed to modify their extension request to the amount of time it
will take them to build a new, permanent facility for their used car operation on another site. Dublin
Honda has recently submitted a Site Development Review/Conditional Use Permit application to build a
new auto dealership on the former Dolan Lumber site, which is next door to the subject property. It is
anticipated that it would take 18 months to move through the City's land use entitlement process and to
construct the new dealership, so the Applicant revised their request to an 18-month extension in order to
allow this transaction. An 18-month extension to the CUP would expire on August 17, 2005, at which
time the property owner would need to determine what permanent use he would like to pursue for the site.
Staff would not support another CUP extension without requiring full improvements to the property and
the construction of a permanent building.
ANALYSIS:
The purpose of requiring a Conditional Use Permit for some uses is to give the Planning Commission the
opportunity to determine whether the proposed use is appropriate for the site. Issues that are commonly
addressed include access to the site, land use compatibility and building/site design. The following
findings must be made by the Planning Commission before a Conditional Use Permit may be approved:
A. The proposed use and related structures is compatible with other land uses, transportation and
service facilities in the vicinity.
B. The proposed use 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.
C. The proposed use will not be injurious to property or improvements in the neighborhood.
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.
E. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed.
F. The proposed use will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located.
G. The proposed use is consistent with the Dublin General Plan and with any applicable Specific
Plans.
H. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors,
screening of exterior appurtenances, exterior lighting, and similar elements have been
incorporated into the project to insure compatibility of this development with the character of
adjacent buildings neighborhoods, and uses.
Since the extension request is for eighteen months only, Staff is not proposing to condition the project
with the typical City Standards and Conditions that would apply to a new use. For example, a new
development would normally be required to make permanent improvements to the site. However, because
the request has been modified to propose an extension of the existing use permit to operate on an interim
18-month basis, the conditions of approval proposed for the project cover only those life safety and
disabled accessibility issues that are required by law to be complied with. Staff suggests that all other
aspects of the site can remain as is and no additional improvements will be required due to the short
duration of the CUP.
The purpose of the CUP extension is to allow the auto sales business to operate as an interim use for the
site and to give the existing tenant an opportunity to develop the adjacent site for an auto sales
establishment. As of the writing of this staff report, the City has received no contact or objections from
nearby property owners or the public regarding the proposal to extend the Conditional Use Permit for
eighteen (18) months.
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 a use within an existing private
facility, involving no expansion of use.
CONCLUSION:
The Conditional Use Permit process gives the City the opportunity to evaluate proposed projects in
relation to certain criteria to determine if the project is appropriate for a specific site. The subject site has
adequate parking and circulation, is in an appropriate location for the interim use, and, with conditions of
approval, land use compatibility issues can be adequately mitigated.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 6) approving
an 18-month extension to the existing Conditional Use Permit for an automobile and recreational vehicle
sales and storage establishment in a C-2 (General Commercial) zoning district at 6451 Scarlett Court,
subject to the attached conditions of approval.
GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
Ken Harvey, Honda Used Cars, 6451 Scarlett Court, Dublin, CA
D. Michael Nohr, 1 Peters Avenue, Pleasanton, CA 94566
6451 Scarlett Court, Assessor Parcel Number 941-0550-012-11
Business Park/Industrial and Outdoor Storage
Zoning: C-2 (General Commerical)
Existing Land Use: Auto sales establishment
94568
5
RECEIVED
~: E B 0 4= Z00~t
DUBLIN PLANNING
February 4, 2004
Kristi Bascom
Community Development Department
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: PA 03-073 Conditional Use Permit Extension
Dear Ms. Bascom,
Per your letter request of January 30, 2004, we wish to amend the application on 6451
Scarlett Ct., Parcel number 941 0550 012 11.
The applicant is Ken Harvey, Hondo Used Cars 6451 Scarlett Ct., Dublin 94568.
The owner is D. Michael Nohr, 1 Peters Avenue, Pleasanton, CA 94566
The application should be/a~ded to eighteen (18) month extension instead of four (4)
years. ,~~_
Best regard~ ~-/7/,'' "~O ~
Ken [4arvey, Apph'c~" /,'? date
D. Michael Nohr, Owner date ,:'~ '"-O' ~ ,ff~
UTACHMENT
Ken Harvey's
DUBLIN
HONDA
Kristi Bascom
Planning Department
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Conditional Use Permit Application
6451 Scarlett Court
November 14, 2003
Dear Ms. Bascom:
Please accept and process the attached application for Conditional Use Permit for Auto
Sales at the above referenced property address.
The property is located in the area commonly known as the Scarlett Court Area. On
October 21, 2003, the City Council unanimously authorized the Planning Department to
continue with the Scarlett Court Specific Plan Study. That study is scheduled for
completion during the 2003-2004 fiscal year and may lead to zoning changes, general plan
amendments, additional environmental review or, possibly, a specific plan.
At this time it is not possible to know the results of this planning process except to
anticipate that the process my take several years to complete. Accordingly, we are
requesting an extension of the existing Conditional Use Permit (PA 97-032), for a period
of four years that coincides with the expiration of our current lease with the owner of the
property.
We are proposing to continue with the use of the property as an automobile and
recreational vehicle sales and storage facility. This use has existed on the property for over
31 years. Currently, Honda Used Cars operates its used car sales facility at this location.
We propose to continue that use through the term of our lease with the property owner.
Honda Used Cars employs approximately 10 people at the subject location and operates
the business seven days per week on a 7 AM to 7 PM schedule. Our business serves the
entire City of Dublin by offering the availability of quality used cars at a convenient and
comfortable shopping environment. We have been active in the community by supporting
many public and philanthropic activities. Our operation, and the manner in which we
manage that operation, has captured a significant amount of sales tax revenue for the city,
which might otherwise be lost to the community.
We propose to continue operating as we have in the past. The project is not located on a
hazardous waste/substance site. Since the use is a continuation of the current use, we do
not anticipate any significant negative impacts associated with the granting of this use
permit extension.
We respectfully request that the Application for the Extension for the existing Conditional
Use Pe~ (PA 97-032) be granted for a period of four years.
/Il
Harve3~l~adding, Inc.
RECEIVED
NOV 1 $ Z003
DUBLIN PLANNING
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IAttachment 2: ~
Locati on M~
~JUBLIN PLANNING
I~OI-IR'S
I30COSWOI1TH y A RCI"IITIi CTUFI
ATTACHMENT
Zoning history for the property at 6451 Scarlett Court
PA 84-029
On July 16, 1984, the Dublin Planning Commission approved a 3-year
Conditional Use Permit to allow the establishment of a Recreational
Vehicle Sales Center. The Conditional Use Permit was valid through July
16, 1987.
PA 86-057
On July 21, 1986, the Dublin Planning Commission approved a 4-month
Conditional Use Permit to allow the operation of an automobile dealership
with service, paint repair, and sale of auto parts. The Conditional Use
Permit was valid through November 1, 1986.
PA 86-089
On November 3, 1986, the Dublin Planning Commission approved a
3-year Conditional Use Permit to allow the operation of an automobile
dealership with service, paint repair, and sale of auto parts. The
Conditional Use Permit was valid through November 18, 1989.
PA 90-074
On November 19, 1990, the Dublin Planning Commission approved a
1-year Conditional Use Permit to allow an automobile sales and service
facility. The Conditional Use Permit was valid through November 30,
1991.
On January 14, 1991 the City Council upheld, upon appeal, the Planning
Commission action, and approved the 1-year Conditional Use Permit to
allow an automobile sales and service facility. The Conditional Use Permit
was valid through January 14, 1992.
PA 93-070
On February 7, 1994, the Dublin Planning Commission approved a 5-year
Conditional Use Permit to allow an automobile and recreational vehicle
sales and storage service facility. The Conditional Use Permit is valid
through February 17, 1999.
PA 97-032
On December 7, 1997, the Dublin Planning Commission approved a
5-year extension to the Conditional Use Permit allowing an automobile
and recreational vehicle sales and storage service facility. The Conditional
Use Permit extension is valid through February 17, 2004.
PA 03-073
The Applicant is requesting an 18-month extension to the Conditional Use
Permit to allow the auto sales establishment to continue until August 17,
2005.
ATTACHIVIENT q
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT FOR DECEMBER 9, '1997
PROJECT:
PA 97-032, Nohr's Recreational Vehicle Center - Conditional Use Permit
Application
PREPARED BY:
Tasha Huston, AICP, Associate Planner
DESCRIPTION:
Conditional Use Permit (CUP) for a five-year extension of the existing
CUP. The current use permit was originally proposed as a temporary
permit, to allow the RV Center as an interim use. The existing CUP
expires in 1999.
RECOMMENDATION:
Adopt a Resolution approving the extension of the Conditional Use
Permit.
BACKGROUND:
The Recreational Vehicle sales business at 6451 Scarlett Court is a "Conditional" use in the C-2
Zoning District, which requires a Conditional Use Permit be approved to operate the business. It
has been in operation at this location for the past 2 - 3 years. The property owner originally
received permission from the City to operate a Recreational Vehicle sales lot on this site in 1984,
with a temporary permit valid through 1987 (see Exhibit E - Zoning History). Since that time, various
other Use Permits were approved for automobile dealerships, until 1994, when the current Use
Permit was approved for the existing RV Center.
The owner approached the City earlier this year with a request for the existing temporary CUP to be
modified to remove the expiration date on the use, so the Use Permit would become permanent.
However, staff identified several concerns with allowing this use permanently, due to the interim
nature of the site improvements. The application request was then revised to propose an extension
of the existing Use Permit.
No additional site improvements are being proposed by the property owner. The purpose of the
Use Permit extension is to allow the RV sales business to operate as an interim use for the site,
until the surrounding properties redevelop. The City has received no contact or objections from the
adjacent property owners or the public regarding the current proposal to extend the Use Permit.
ANALYSIS:
The purpose of a Conditional Use Permit is to determine whether the proposed use is appropriate
for the site. Issues that are commonly addressed include access to the site, land use compatibility
and site design. The following findings must be made by the Planning Commission before a
Conditional Use Permit may be granted:
1. The use is required by the public need;
COPIES TO: Applicant
Property Owner
ITEM NO. __ PA Fi, 9 , ,ACHE ENT
The use is properly related to other land uses and transportation and service facilities
in the vicinity;
The proposed use will not materially adversely affect the health of safety of persons
residing or working the vicinity, or be materially detrimental to the public welfare or
injurious to property or improvements in the neighborhood;
The proposed use will not be contrary to the specific intent clauses or performance
standards established for the District in which it is to be located in that conditions
have been applied to ensure conformance with the applicable zoning regulations, and
the use is consistent with the character of the surrounding area as well as the retail
business district.
The approval of the Conditional Use Permit will be consistent with the Dublin General
Plan and the City of Dublin Zoning Ordinance.
Nohr's RV Center is an existing business in a commercial/industrial area adjacent to the recently
expanded Dublin Boulevard extension. The triangular-shaped site has streets on two sides (Scarlett
Court and Dublin Boulevard) and an lumber storage yard to the east. Across Dublin Boulevard to
the north the property is undergoing development of a new Shell Gas Station and the BJ Dublin
Commercial Center. Across the street to the west is Miracle Auto Body. Access to the site is from a
driveway off of Scarlett Court.
The existing business occupies a modular building for office space, and a paved parking lots
provides several customer parking spaces and Recreational Vehicle spaces on the site.
Landscaping near the modular unit and the edges of the site consists mainly of trees and bark as a
groundcover, and a chain-link fence encircles the perimeter of the site.
Staff had concerns with the original request for a permanent use permit, and the City Standards and
Conditions which would apply if the use were to permanently occupy the site. For example, a new
development would normally be required to make more permanent improvements, such as a
permanent building, more substantial landscaping, and repavement of the parking lot area.
However, because the request has been modified to propose an extension of the existing use
permit, and operate on an interim basis, standard City requirements may not necessarily apply.
Staff's concerns with the extension of the Use Permit mainly relate to the appearance of the interim
use on this site and its compatibility with and proximity to the new development occurring in the
area. Because this site is located at an important gateway to Dublin, the appearance of the site is
critical. Although the use is proposed to be temporary, modest improvements could be made to
enhance the appearance of the site until such time as the ultimate permanent development occurs.
Although it may be reasonable to waive many of the standard City requirements, Staff recommends
the following conditions of approval if the City approves an extension of the existing CUP:
· Work with the Police Department to ensure adequate lighting of site for security
· Remove existing 6" curb protruding into customer parking area
· Paint trash enclosure and deck to match modular unit
· Install landscape plants or planter boxes at the base of the modular unit
· Work with the City to improve and maintain landscaping groundcover in perimeter landscaping
· Clean and remove all debris in landscape areas and parking lot
Staff's recommended additional conditions of approval for this project will help to ensure that (1)
Public Safety is protected; (2) The intent of the C-2 Zoning District is met; and (3) Site specific
compatibility and design issues are addressed.
2
Conclusion:
The Conditional Use Permit Application process evaluates proposed projects in relation to certain
criteria to determine if the project is appropriate for a specific site. The site has adequate parking,
circulation, is in an appropriate location as an interim use, and, with conditions of approval, land use
compatibility issues can be adequately mitigated.
GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
EXISTING ZONING:
GENERAL PLAN
DESIGNATION:
ENVIRONMENTAL
REVIEW:
Michael Nohr
6451 Scarlett Court
Dublin, CA 94568
Michael Nohr
6451 Scarlett Court
Dublin, CA 94568
6451 Scarlett Court
C-2 General Commercial
Commercial/Industrial- Business Park/Industrial: Outdoor Storage
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 a
use within an existing private facility, involving no expansion of
use beyond that previously existing.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D.
Exhibit E:
G:\PA97032\pcsr
Project Plans
Vicinity Map
Resolution Approving Conditional Use Permit extension
Applicant's Written Statement
Zoning History
3
RESOLUTION NO. 04-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING AN 18-MONTH EXTENSION TO AN EXISTING CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE AND RECREATIONAL VEHICLE SALES AND STORAGE
ESTABLISHMENT IN A C-2 (GENERAL COMMERCIAL) ZONING DISTRICT AT
6451 SCARLETT COURT
ASSESSOR PARCEL NUMBER 941-0550-012-11
WHEREAS, the Applicant, Ken Harvey of Dublin Honda Used Cars, has requested approval of an
eighteen month extension to an existing Conditional Use Permit for an automobile and recreational vehicle
sales and storage establishment at 6451 Scarlett Court; and
WHEREAS, automobile and recreational vehicle sales and storage are uses that are conditionally
permitted in the C-2 (General Commercial) Zoning District; and
WHEREAS, an automobile and/or recreational vehicles sales and storage establishment has been in
operation at this location since a temporary, three (3) year Conditional Use Permit was approved in 1984
and various temporary Use Permits have been approved for auto-sales related uses on the site for time
periods ranging from one to five years; and
WHEREAS, a succession of temporary Conditional Use Permits were issued for the proposed uses
on the site due to the temporary nature of the site improvements and the requirement that if a permanent
CUP were to be considered, permanent site improvements would need to be made which the property owner
was not proposing to do; and
WHEREAS, the existing Conditional Use Permit for an auto and recreational vehicle sales and
storage establishment at the site expired on February 17, 2004; and
WHEREAS, the Applicant has requested an 18-month extension to the Conditional Use Permit in
order to allow time for them to secure land use entitlements to and construct a permanent home for their
auto sales business on a different piece of property; and
WHEREAS, it was determined that an 18-month extension would allow for these transactions to take
place; 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; and
ATTACHMENT
WHEREAS, the Conditions of Approval proposed require compliance with life safety and disabled
accessibility regulations on the property as required by law; and
WHEREAS, the temporary nature of the extension will limit or eliminate any negative impacts the
auto sales establishment could have on surrounding businesses and residents; 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 Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove 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 based on the temporary nature of the use; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find
that:
mo
The proposed use and related structure is compatible with other land uses, transportation and service
facilities in the vicinity, because it is in an existing commercial building with similar surrounding
uses and is temporary in nature. Nearby businesses in this light industrial area include automobile
service, glass installation, warehousing and distribution, and similar industrial and commercial uses.
Bo
The proposed use 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, because the proposed use is
temporary in nature and creates no recognizable negative impacts and the proposed use will serve a
public need by providing a service to the community.
Co
The proposed use will not be injurious to property or improvements in the neighborhood because the
site is adjacent to like commercial and industrial uses and is temporary in nature.
There are adequate existing provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to the public health, safety, and
welfare, because no facilities will be altered, and no increase in public service demands will result
from the proposed use.
The subject site is physically suitable for the type, density and intensity of the use being proposed
because the existing building and site is of adequate size to serve the use and is temporary in nature.
Fo
The proposed use is compatible with the specific intent established for the C-2 (General Commercial)
zoning district, which is to "provide for the continued use, expansion, and new development of
general commercial use types along major transportation corridors and intersections, and to ensure
compatibility with adjacent residential and commercial uses."
G. The proposed use is consistent with the Dublin General Plan and the General Plan Land Use Map.
Ho
The proposed use has been evaluated in terms of its architectural compatibility with surrounding
development and is deemed consistent with neighboring buildings because of its temporary nature
and because it is not a permanent part of the commercial building landscape.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve
PA 03-073, an eighteen-month extension to an existing Conditional Use Permit for an automobile and
recreational vehicle sales and storage establishment in a C-2 (General Commercial) zoning district at 6451
S carlett Court, subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL:
This Conditional Use Permit approval for PA 03-073 establishes an eighteen-month extension to an existing
Conditional Use Permit (PA 97-032) for an automobile and recreational vehicle sales and storage
establishment in a C-2 (General Commercial) zoning district at 6451 Scarlett Court, and further identified as
Assessor Parcel Number 941-0550-012-11. This Conditional Use Permit extension shall expire on August
17, 2005 and shall be valid until this time so long as the operators of the subject property comply with the
project's conditions of approval. This Conditional Use Permit extension will be revocable for cause in
accordance with Section 8.96.020.I of the Dublin Zoning Ordinance.
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the legal continuance of
the use, and shall be subject to Planning Department review and approval. Non-compliance with these
conditions will result in review of the CUP for possible revocation.
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 [DEH].
1) Review and Permitting Authority.
The applicant shall comply with all applicable regulations and
requirements of the City of Dublin Building Division, Planning Division, Alameda County Fire
Department, Dublin Police Services, and Dublin Public Works Department.
2) Nuisance. The applicant shall control all business activity so as not to create a public or private nuisance
to the existing and surrounding businesses and residents. [PL, PO]
3) Permit Expiration. This approval grants an eighteen (18)-month extension to the existing Conditional
Use Permit, which was approved on February 7, 1994 and later extended on December 7, 1997. This
Conditional Use Permit will expire on August 17, 2005 and it is Staff's intent that no further extensions
be granted for this temporary facility. [PL]
4) Revocation. This permit shall be revocable for cause in accordance with Dublin Zoning Ordinance
Section 8.96.020.I, Revocation. Any violation of the terms of the terms and conditions of this permit
may be subject to the issuance of a citation. [PL, PO]
5) Extension of existing CUP. All conditions of the existing Conditional Use Permit (97-032), Planning
Commission Resolution No. 9%27, not specifically amended by this approval remain in effect.
6) Public Safety. The following conditions are required by Dublin Police Services:
a) Safe, Clean and Litter-Free. Both the applicant and property owner shall be responsible for
maintaining the premises in a safe, clean and litter-free conditions at all times.
b) Security. The applicant shall comply with all applicable City of Dublin Non-Residential Security
Ordinance requirements.
c) Building IdentificatiOn. Addressing and building numbers shall be visible from all approaches to
the building. Any rear exit doors shall display the business name and address in 3" high lettering.
d) Graffiti. The applicant shall keep the site clear of graffiti vandalism on a regular and continuous
basis at all times. Graffiti resistant materials should be used.
e) Theft protection. The applicant shall work with Dublin Police on an ongoing basis to establish an
effective theft prevention and security program.
f) Exiting the building. Employee exit doors shall be equipped with 180-degree viewers if there is not
a burglary resistant window panel in the door from which to scan the exterior.
g) Lighting. Lighting in the lot area shall meet the current City of Dublin Non Residential Security
Ordinance.
h) Emergency response. Tenants shall complete a "Business Site Emergency Response Card" and
submit to Dublin Police Services.
7) Fire Safety. The following conditions are required by the Dublin Fire Prevention Bureau, Alameda
County Fire Department:
a) Provide 2A10BC fire extinguishers, in locations approved by the Fire Department, in the space. An
approved sign in accordance with Uniform Fire Code shall be conspicuously posted above the
extinguisher.
b) Approved address numbers shall be placed on the space in such a position as to be plainly visible and
legible from the street or road fronting the property.
c) The project shall comply with Uniform Building and Fire Codes as adopted by the City of Dublin.
d) The Applicant shall provide a letter from Dublin San Ramon Services District stating what the available
fire flow is at the site. A copy of the letter shall be submitted to the Dublin Fire Prevention Bureau.
e) Knox boxes are required at the entrance to the building and at any gates that block Fire Department
access.
f) The Applicant shall provide information on the location and quantities of any hazardous materials
including any tanks.
8) Site Improvements. The following conditions are required by the Public Works Department:
a) Provide an accessible concrete walkway from the public sidewalk on Dublin Boulevard to the
building entrance per California Building Code requirements. Said walkway shall be 4'-minimum
width with compliant curb ramps at transitions between the walkway and the drive aisle crossings.
Note that minor adjustments to the existing landscaping and irrigation systems will be necessary to
install the walkway.
b) The existing disabled parking stalls within the parking field must be upgraded to conform to current
California Building Code standards. In particular, the Code requires disabled stalls for parking stalls
to be near the main entrance. During my field visit, I noticed that the existing parking stalls near the
building have very steep slopes. Some grinding and repaving of the parking lot might be needed to
bring the stalls to the current ADA/Title 24 standards. The cross slopes shall not exceed 2% in any
direction.
c)
Repair any distressed areas of pavement within the existing parking field, then seal and re-stripe the
entire parking field, as no striping exists at this time. (Please note that all drive aisles shall be
minimum 24' wide.)
d)
Signs (R100B) must be posted at each driveway entrance that read, "Unauthorized vehicles not
displaying distinguishing placards or license plates issued for physically handicapped persons will be
towed away at owner's expense. Towed vehicles may be reclaimed at Dublin Police or by
telephoning 833-6670".
PASSED, APPROVED, AND ADOPTED this 9th day of March 2004.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Jeff Ram, AICP, Planning Manager
G:LPA#X2003\03-073 Honda CUP extension\PC Reso.doc