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Home My WebLink AboutItem 5.1 Kawasaki CUP Mototcycle Display AGENDA STATEMENT CITY COUNCIL MEETING DATE : September 10, 1984 SUBJECT: PUBLIC HEARING Appeal of Planning Commission action to deny PA 84-035 Kawasaki of Dublin Conditional Use Permit application for outside display of motorcycles, 6743 Dublin Boulevard EXHIBITS ATTACHED: 1 ) 8/6/84 Planning Commission Staff Report with adopted Resolution 2 ) Planning Commission minutes of 8/6/84 3 ) Letter of Appeal received 8/15/84 4 ) Draft Resolution Denying appeal and upholding Planning Commission action RECOMMENDATION: 1 - Open public hearing and hear Staff presentation 2 - Take testimony from applicant and public 3 - Question Staff, applicant and public 4 - Close public hearing and deliberate 5 - Adopt Resolution regarding appeal of Planning Commission action, or direct Staff to make revisions and continue the hearing FINANCIAL STATEMENT: None DESCRIPTION: On 8/6/84 the Planning Commission denied Kawasaki of Dublin ' s request for a Conditional Use Permit for an outside display of motorcycles at 6743 Dublin Boulevard. In denying the application, the Planning Commission determined that: 1 ) There is not adequate space on the site for the outside display of motorcycles 2 ) The original Site Development Review was not designed to accommodate the outside display of motorcycles ; and 3 ) The outside display of motorcycles does not present a desirable appearance from Dublin Boulevard The Planning Commission, Staff and applicant explored several alternatives for displaying motorcycles outside the building, including locations on the east and south side of the ----------------------------------------------------------------- ITEM NO. COPIES TO: Applicant/Appellant _2_ building and in the parking lot. After exploring these alternatives, the Planning Commission determined that the site was simply not designed for an outside display area. Several property owners have installed or are proposing significant landscaping improvements along Dublin Boulevard. The intent of the landscaping improvements is to increase the attractiveness of the street and to soften the impacts of adjacent development. The present outside display of motorcycles at Kawasaki of Dublin is not consistent with the new. and proposed improvements . Approval of this application would send conflicting signals to the development community. Staff recommends that the City Council adopt the attached Resolution which denies the appeal and upholds the Planning Commmission ' s action. Should the City Council decide to approve the application, Staff recommends that the City Council 1 ) direct Staff to prepare a revised resolution with the necessary findings and 2 ) continue the hearing . The attached 8/6/84 Planning Commission Staff Report contains the background material "associated with this request . August 2 , 1984 TO: Planning Commission FROM: Larry Tong, Planning Director RE: PA 84-035, Kawasaki of Dublin, Conditional Use Permit The Kawasaki of Dublin Conditional Use Permit application was continued from the July 16, 1984 meeting to the August 6, 1984 meeting. The purpose of the continuance was to allow the e applicant and Staff the opportunity to explore potential alternatives for displaying motorcycles outside the Kawasaki . building Staff met with the applicant on July 27, 1984, to review a sketch submitted on July 17, 1984 (attached) . The Sketch calls for two outside display areas , one located on the eastern side of the f building immediately south of the entrance with the other display area located in the landscaped area south of the building. Staff made it clear to the applicant that Staff could not see any viable alternatives, however, Staff asked the applicant to provide more detailed drawings to better show the Planning Commission what alternatives the applicant would like considered. Staff suggested that. the applicant explore an additional alternative area on the eastern side of the building north of the main entrance . A more detailed sketch was -submitted on August 1, 1984 , which outlines in more detail the two outside display areas . The Staff cannot support either one of the display areas for the reasons noted in the previous Staff Report (attached) . The shopping center the applicant is located in was designed and developed specifically for retail use within the buildings; no provision was made for an outside display area. The City has been working with property owners along Dublin Boulevard to increase the landscaping. ,To allow an outside display area in a landscaped area would send conflicting signals to the development community. ";.-The outdoor display- of motorcycles at the proposed location would be inappropriate ; . i Staff recommends that the Planning Commission adopt the revised : Resolution attached to .the .Staff report which denies PA 84-035, Kawasaki of Dublin' s 'request .for a Conditional Use Permit to allow an 'outside display area for motorcycles. LLT/jlm ATTACHMENTS : 1 ) Letter and sketch from applicant dated 8/l/84 2 ) Sketch from applicant dated 7/17/84 3 ) Typical Motorcycle Dimensions 4 ) 7/16/84 Staff Report with revised Resolution ATTACHMEN' CITY OF DUBLIN BUILDING INSPECTION DEPT. To : City Of Dublin Planning Commission Subject: Revised Proposal For Displaying Motorcycles At Kawasaki Of Dublin At the Planning Commisions request I am submitting this revised display plan. I propose to primarily display the Kawasaki product line on two concrete pads in the front of .the store between the sidewalk and the front window. Each pad will be 7 ft by 7 ft and will hold either 3 motorcycles ,l threewheeler and 1 motorcycle, or a pair of jet skis . In addition I am proposing another concrete pad along side of 'the front portion of the building. Its dimensions will be 4 . 5 ft by 9 ft. -Its purpose will be primarily to park motorcycles that are awaiting customer delivery or demonstration. This plan should satisify any objections that come up with respect to interfering with traffic or pedestrian use. In fact the present width of the driveway is 2 ft wider than the stated - width in the building plan submitted to the county in 1975. The vehicle displays will look professional and will add color to the existing landscaping. It will also shcw the passing public that we are open for business and have an exiting product to sell. This is the best plan that I could come up with that would satisfy all prior objections from the Planning Department with the exception "The outside display of motorcycles does not present a desirable appearance from Dublin Blvd. "comment that the staff made in their resolution. Please pass this plan as I need an outside display to continue my business. Sincerely, William B Lindsay, Owner Kawasaki Of Dublin ' 1 I • Nj��cv GE�Tt<`2 P/to,0014L Fog l)/SPt 9YIUG Moron GYCttf AT- /YAa�ttAK/ OF 11 uQL/N `.` N . \ \ �AItK.NL Jon.eef I SCgce: Pj 41-4.0 Du�L/N i &7y3 Dt/O[lN QLVG► . ' \ . CA gVSbB ' .FROV7' P✓rAA.✓CF_ j `\. \, ��\� •�` ' CITY 77-'OUtIr,J it osr. - ! \ • �, ,%tX91C�/enort•. O/l.-tnY 004O, Qflivd►vAY 1� r1 27' w,Ot ZED ��r� cowurr: D/7�►AY zY' � �qU cairn i'w�taw�fYAJ INr..a; Gavt+f0 Swr��eE I I I — �1 n U� P � F ��3L /0 _ 5-05r 77-CD !� `�' IV s�Y -7 7-Ry RECEIVED (JUL',1 7 1984 DUBLIN PLANNING V �D1S/'totY pA� S�p,5- .7 pu06 /p BLVD wI-r 2 aE i-overc r•w6 1iv/4�1t cvAr I Miscellaneous Vehicle Dimensions 49 • o ` GOLF CARTS GASOLINE OR E_ECTRIC POWER _ �46HEELS 4 WHEELS 3/4" Overall Height 47 1/8'• 3/4•• Floorboard Height 11 1/4" 27 3/4" Seat Height 28 1/4" 102" length 102" Width 47" 47' Wheel Base 68 3/4" 68.. � v \ Front Wheel Tread •• a c 4, 34 Sig Rear Whee 34 5/S" I Tread 4 Sib" Ground Clearance 4 5i8" 4 r0.� Clearance Circle 24'-4'• iy JP0 ��er\� 6'-10"TO 7'-10" 1 ' Gry G .O `LtN�tS �} I Consult manufac urea' information for width of �r S,pE ' motorcycle and sidecar. 1N In WIDTH AT HANOLEBAR 2'-7- TO 3•-3' ._ When parked on stand motorcycle leans about 101. Large vehicle requires about 3•-8'•of space. POLICE TRICYCLE HEAVYWEIGHTS WEIGH FROM WIDTH AT BOX 4-O AMBULANCES ANO HEARSES ABOUT 400 L6 TO 681 LB pIMENSIONS AND TURNING RAOII HEAVYWEIGHT MOTORCYCLES -F.. .G.. MAKE OF CAR -A" '�'• .0 �J:: '-lt' 20--101/4° Cadillac ]0'-0' 28'-6" 18'-11 1R" - 16• •. !Handlebar• "Doo9e 27-4'• t2• 6-6" �I f AIRPORT LIMOUSINE 1� 6•�•• 15-9" 22'-5]/4' r dth 23 and CMcker 2e-s 230 Ib to Folds flat. Comers stroller.Body makes ar bed. HT BABY CARRIAGE CLE I Z 7•TO 46" t rSLy. a�oZo, �..oM.w�cn�•�-oc-e•c+.•+o r rw_.o r WIOTH 1 6" t I I 4••-,9 w••• T O Z 2" I TTO 16- Z 0 O .r WAGON KIOOIE CAR IR16H MAIL tTTO ZY -104�'E �I a t 4occl••v��•��c. cor+e•.�r 1t, 4•NU/•GTUACA O� awolnow.� .+on4.r�o,+ L ZS"TO 39' 1 19' .b In a _ R 0 s I�; LI O L .,1... 1 •moo-•"'o c-"} � r � TRICYCLE SCOOTER ZAMBONI ICE RESURFACER Foster C iarnatt:Ja.n.s M.Hunter 6 Associates:Bouldw.Colorado n � � J CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date : July 2, 1984 TO: Planning Commission FROM: Planning Staffer SUBJECT: PA 84-035 , Kawasaki of Dublin Conditional Use Permit application for outside display of motorcycles at 6743 Dublin Blvd. GENERAL INFORMATION PROJECT: A request by Kawasaki of Dublin for a Conditional Use Permit to allow the outside. display of motorcycles at 6743 Dublin Blvd. APPLICANT & REPRESENTATIVE: William Lindsay 6743 Dublin Blvd. Dublin, CA 94568 PROPERTY OWNER: Harold Murphy 39111 Paseo Padre Parkway Fremont, CA LOCATION: 6743 Dublin Blvd. Dublin, CA. 94568 ASSESSOR PARCEL NUMBER: 941-205-16 PARCEL SIZE: 1 . 7 acres EXISTING ZONING AND LAND USE: C-2 , General commercial small retail shopping center SURROUNDING LAND USE AND ZONING : North: Office & light industrial, M-1 South: Dublin Sports Grounds , M-1 East: Commercial, C-2 West: Commercial, C-2 ZONING HISTORY: August 27 , 1975 - Alameda County approved the Site Development Review to construct the shopping center APPLICABLE REGULATIONS: Section 8-49 . 2 states that the outside display of motorcycles in a C-2 District requires a Conditional Use Permit. 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; 3 ) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4 ) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94 .4 states the approval of a Conditional Use Permit may valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions . ----------------------------------------------------------------- ITEM NO. 7 • ze C c ENVIRONMENTAL REVIEW: Categorically exempt NOTIFICATION: Public Notice of the July 2, 1984 , hearing was published in the Tri-Valley Herald, mailed to adjacent property owners, and posted in public buildings ANALYSIS: In February of 1984 the City received a complaint regarding the outside display of motorcycles at the subject site . On March 5 the City notified the applicant that he was in violation of the Zoning Ordinance because he did not have a Conditional Use Permit; he was given 10 days to remove the motorcycles or file a complete Conditional Use Permit application. On March 28th an office hearing was held to determine why the motorcycles were still being displayed outside the store or why a Coditional Use Permit application had not been filed. The applicant was given an extension for removing the motorcycles or filing a Conditional. Use Permit application until 4/20/84 . Since the applicant did not comply and with this extension, a citation hearing was held in the District Attorney' s office on June 7, 1984 . The District Attorney directed the applicant to remove the - motorcycles or file a Conditional Use application by June 18, 1984 . The applicant has been informed from the very beginning that staff could not support a Conditional Use Permit to allow the outside display of *motorcycles at the site in question. The site was designed and developed specifically for retail use within the existing buildings . No provision was made for an outside display area. The distance between the Kawasaki building and the 90 degree parking in front of the building is 30 feet . This is an absolute minimum distance which is comprised of 25 feet of required backup space and 5 feet for pedestrian travel in front of the buildings . In essense, the applicant has displayed the motorcycles within the driveway and walkway areas . The site is reflective of several other small commercial sites in Dublin. In no other case are motorcycles displayed in the driveway or walkway area. The most appropriate location for this type of use would be where there is sufficient room for an attractive display of motorcyles as opposed to "squeezing" them in a driveway or walkway area. This use could possibly be done in conjunction with an established automobile agency. Furthermore, the outside display of motorcycles at the present location does not present an attractive appearance from Dublin Blvd. The motorcycles are located directly behind the sidewalk and are extremely visible from Dublin Blvd. In most commerical Zoning Districts the area behind the sidewalk is landscaped. While it is too late to incorporate additional landscaping into the project, staff cannot support a request to display motorcycles at this location. 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 -2- C � ACTION: Staff recommends that the Planning Commission adopt the attached Resolution denying Kawasaki of Dublin' s request for a Conditional Use Permit to allow the outside display of motorcycles at 6743 Dublin Blvd. ATTACHMENTS Exhibit A: Draft Resolution denying the request 1 ) Site plan 2 ) project description COPIES TO Applicant Building Department -3- RESOLUTION NO. 84-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------ DENNYING PA 84-035, KAWASAKI OF DUBLIN CONDITIONAL USE PERMIT APPLICATION TO ALLOW THE OUTSIDE DISPLAY OF MOTORCYCLES AT 6743 DUBLIN BLVD. WHEREAS, William Lindsay, owner of Kawasaki of Dublin, filed an application for a Conditonal Use Permit to allow the outside display of motorcycles at 6743 Dublin Blvd; and WHEREAS, the Planning Commission did hold a public hearing on said application on July 2, 1984 ; and WHEREAS, said hearing was continued at the applicant' s request until July 16 , 1984 ; and WHEREAS, the hearing on 7/16/84 was continued to the Planning Commission meeting of 8/6/84 , to allow the applicant and Staff the opportunity to review the various alternatives for displaying motorcycles outside the building; and WHEREAS, Staff met with the applicant to review said alternatives ; and WHEREAS, after said meeting to review the applicant ' s proposals , it remains the position of the Staff that the proposed use at this location is not desirable or appropriate; 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 denied; 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: 1 ) There is not adequate space on the site for the outside display of motorcycles . 2 ) The original Site Development Review was not designed to accomodate the outside display of motorcycles . 3 ) The outside display of motorcycles does not present a desirable appearance from Dublin Blvd. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby deny PA 84-035 . DP 83-20 PASSED, APPROVED AND ADOPTED this 6th day of August, 1984 . AYES : Commissioners Barnes, Mack and Raley NOES : Commissioner Petty ABSENT: Commissioner Alexander % Planing ission/Chairman ATT ST, �Gv •l Planning Directo DP 83-20 1 j _ . ..... _ i uIA - -- t - --' XX - _._..... ........ - . kRwRSAkl..: LIYO _ _ SPACE-F?K ._._ Nk _ f}Ge Fail .S ..__._. _. . .. . :-.=7 r _I •r �r =..T� .:.:-_._.• :��►�...._� 11.1?Fti+:'��:�=��-r• " _ . . . LE . ~ , - ♦f\.317- .\\ To : City Of Dublin Planning Commision Subject : Proposal For Displaying Motorcycles At Kawasaki Of Dublin I propose to continue displaying motorcycles along the east side of Kawasaki of Dublin as shown on the attached site plan. Displaying motorcycles is essential to my business . It shows the passing automobiles , motorcylists , and general public that we are open for business and have an exiting product to sell . In addition it is necessary to have an outside area in which to deliver a sold motorcycle to a customer . Starting a motorcycle inside the store could not be allowed . Kawasaki of Dublin was started in October of 1976. Since that time motorcycles have been displayed outside without one complaint from the County or the City until March if 1984 . As a licensed vehicle dealer in the state of California , I am entitled to have an outside display just as any automobile dealer is . Kawasaki of Dublin generates approxiamately $700 ,000 in annual sales which adds considerable revenue to the city of Dublin. There will be no cost to the City for this permit . Some questions have come up reguarding obstructions to traffic and pedestrians entering and exiting the Murco Center . Since . Kawasaki of Dublin opened in 1976, there have been no accidents or mishaps due to parked motorcycles . In fact the reduced width of the driveway (26 ft to 23.5 ft ) is still ' wider than the easterly access driveway which is only 22 ft . In summary, I need to have an outside motorcycle display to stay in business . If I am denied the right to continue this practice , then the resulting loss in sales may force closure . For the city of Dublin it would be unfortunate . Sincerely, William 8 Lindsay Owner . Kawasaki of Dublin /' i Regular Meeting - August 6 , 1984 A regular meeting of the City of Dublin Planning Commission was held on August 6 , 1984 , in the Meeting Room, Dublin Library . The meeting was called to order at 7 : 30 p .m. by Vice Chairperson Mack. ROLL CALL PRESENT: Commissioners Petty, Barnes , Raley, and Vice Chairperson Mack, Thomas P . DeLuca, Associate Planner, and Laurence ' L . Tong, Planning Director . ABSENT: Chairman Alexander PLEDGE OF ALLEGIANCE Vice Chairperson Mack led the Commission, Staff, and those present in the pledge of allegiance to the flag. MINUTES OF PREVIOUS MEETING The minutes of the regular meeting of July 16, 1984 , were approved as written. ORAL COMMUNICATION None WRITTEN COMMUNICATION None PUBLIC HEARING SUBJECT: PA 84-035 , Kawasaki of Dublin Conditional Use Permit application for outside display of motorcycles at 6743 Dublin Boulevard Mr . Tong presented the staff report . Mr . Tong noted that the Planning Commission had continued this application from the 7/16/84 meeting to the 8/6/84 meeting so that the applicant and staff could explore potential alternatives for displaying motorcycles outside the Kawasaki building . Mr . Tong stated that staff could not support the two alternatives ; 1) displaying PCM-3-f Regular Meeting ATTACH y�..... WRITTEN COMMUNICATION No Comments . PUBLIC HEARING SUBJECT: PA 84-035 , Kawasaki of Dublin Conditional Use Permit application for outside display of motorcycles at 6743 Dublin Boulevard. Mr. DeLuca presented the Staff Report which was a request by Kawasaki of Dublin for a Conditional Use Permit to allow an outside display of motorcycles at 6743 Dublin Boulevard. Staff noted that the applicant was given several extensions for either bringing the motorcycles inside or applying for a Conditional Use Permit. Staff could not support the application because the motorcycles were within a pedestrian and vehicular circulation area,the motorcycles did not present a desirable appearance from Dublin Boulevard, the display of motorcycles would be contrary to previous City. actions on outdoor displays of merchandise, and the . site was inappropriate for the proposed outdoor display. Chairman Alexander opened the public hearing. William Lindsay, owner of Kawasaki of Dublin and applicant, addressed the Planning Commission and stated he was not told the correct Section of the Zoning Ordinance that he was in violation of until his citation hearing at the District Attorney's office . Mr. Lindsay noted that the outside display area was a very important part of his business and requested the Planning Commission allow him to continue the outside display. Mr. DeLuca responded that the applicant was notified of the proper violation at an office hearing on 3/28/84 . Considerable discussion occurred between the Planning Commissioners regarding the outside display area. The Planning Commission brought up several potential alternatives for review and consideration. It was the consensus of the Planning Commission that the applicant should meet with Staff to study the potential alternative locations for the display area, and bring the alternative locations and findings back to the Planning Commission. It was moved by Commissioner Mack and seconded by Commissioner Petty that this application be continued to the 8/6/84 Planning Commission meeting to allow the applicant and Staff an opportunity to study potential alternative locations and bring the findings back to the Planning Commission for further consideration. Regular Meeting PCM-3-82 7/16/84 August 15, 1984 --J TO: Dublin City Council FROM: William Lindsay RE: PA 84-035,Kawasaki of Dublin, Conditional Use Permit I would like to appeal the decision made by the City of Dublin Planning commission on August 6 , 1984 reguarding the outside display of motorcycles. ,at Kawasaki of Dublin. I feel that the commission rubbered stamped the Planning Departments recomenda- tion without reguard to my special situation. I decided to open up a motorcycle dealership in Dublin in 1976 primarily due to the location available at 6743 Dublin Blvd. I applied at that time for all the permits, and licenses that I could find out that were necessary to operate the business. Until I was notified on March 5 , 1984 that I was in violation of a City Zoning Ordinance, I had no idea that a conditional use permit was necessary. As a motor vehicle dealer licensed by the state of California, I have a right to an outside display (ref :ordinance 8-49 .2 ) subject to the planning commission approval. I believe that I removed all possible objections to the display of motor- cycles with the modified plan presented to the commission on August 6 , 1984 . As it turned out the overiding objection was that the planning department did not feel that motorcycles presented an "attractive appearance from Dublin Blvd" . As a longtime businessman in Dublin , I am appealing to you to reconsider this _ action so I may continue to contribute to the community. Sincerely, William Lindsay, Owner, Kawasaki of Dublin Gil C' C U tis, pG 97 O oFAr ATTACHMENT . 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ DENYING PA 84-035, KAWASAKI OF DUBLIN CONDITIONAL USE PERMIT APPLICATION TO ALLOW THE OUTSIDE DISPLAY OF MOTORCYCLES AT 6743 DUBLIN BLVD.. WHEREAS, William Lindsay, owner of Kawasaki of Dublin, filed an application, PA 84-035, for a Conditonal Use Permit to allow the outside display of motorcycles at 6743 Dublin Blvd; and WHEREAS, the Planning Commission did hold public hearings on said application on July 2, July 16, and August 6, 1984 ; and WHEREAS, the Planning Commission did deny said application at the conclusion of the public hearing on 8/6/84 ; and WHEREAS, the applicant filed a timely appeal of said denial ; and WHEREAS, the City Council did hold a public hearing on said appeal on 9/10/84 ; 'and WHEREAS, proper notice of said 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 denied; and WHEREAS, the City Council .did hear and consider all said reports, recommendations and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: 1) There is not adequate space on the site for the outside display of motorcycles . 2 ) The original Site Development Review was not designed to accomodate the outside display of motorcycles . 3 ) The outside display of motorcycles in landscaping or parking areas would not present a desirable appearance from Dublin Blvd. BE IT FURTHER RESOLVED that the Dublin City Council does hereby uphold the Planning Commission action relative to PA 84-035 and denies the appeal . PASSED, APPROVED AND ADOPTED this th day of 1984 . AYES : NOES : ABSENT: Mayor ATTEST: City Clerk ATTACHMEN DP 83-20