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HomeMy WebLinkAbout5.1 Att 1 PC Reso CUP Pace Supply RESOLUTION NO. 16- 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 6400 SIERRA COURT (APN 941-0205-043-00) PLPA-2016-00026 WHEREAS, The Applicant is requesting approval of a Conditional Use Permit to create a 40,000 square foot Equipment and Materials Storage Yard along the northwest corner of the existing building. The yard will include the construction of an 8-foot fence surrounding an area where materials and equipment for the business (Pace Supply) will be stored; and WHEREAS, the Project is located in an M-1 (Light Industrial) Zoning District; and WHEREAS, an Equipment and Matenals 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 fences 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 July 12, 2016 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said heanng 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 Court; and 3) the Equipment and Materials storage yard will be surrounded by an 8 foot tall fence; and 4) Conditions of Approval have been applied to the Project to ensure on-going compatibility with the Project's surroundings. 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 fence; 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. 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 Court; 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; and 4) Existing Emergency Vehicle Access (EVA) around the perimeter of the property. 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 industnal uses and is accessible to vehicles and pedestrians from existing driveways on Sierra Court; 2) a Condition of Approval has been placed on the Project limiting the Equipment and Materials Storage Yard hours of operation to between 7:00 a.m. and 5.30 p.m. Monday through Friday; and no operation on Saturday and Sunday; 3) a Condition of Approval has been placed on the Project prohibiting any materials from being stacked so that they are visible above the fence 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; and 4) a Condition of Approval has been placed on the Project prohibiting any materials from being stacked so that they are visible above the fence of the Storage Yard or placed outside of the Storage Yard or in any location where they may be visible. 2 of 9 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. 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 June 16, 2016, and in the written statement date stamped received by the Planning Division on May 31, 2016 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 pnor to the issuance of building permits, 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 Source Agency Prior to: PLANNING DIVISION 1. Approval. This Conditional Use Permit approval is to PL On-going Planning allow an Equipment and Materials Storage Yard at 6400 Sierra Court, Suite G (PLPA-2016-00026). This approval is for the use of an outdoor storage area in accordance with the Project Plans prepared by Hopkins and Wall Architects, dated received by the Planning Division June 16, 2016 and the written statement dated received on May 31, 2016, and other plans, text and diagrams related to this approval, stamped approved and on file in the Community Development Department, except as modified by the following Conditions of Approval. 2. Effective Date. This Conditional Use Permit approval PL On-going DMC becomes effective after the 10-day appeal period has 8.96.020.H passed. and 8.136 3. Permit Expiration. Construction or use shall commence PL One Year DMC within one (1) year of Permit approval or the Permit shall After 8.96.020 D lapse and become null and void. If there is a dispute as to Effective whether the Permit has expired, the City may hold a Date noticed public hearing to 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 3 of 9 COA Condition Text Resp. Required Source Agency Prior to: Ordinance. If the uses ceases for a one (1) year period, then the use shall become null and void. 4. Time Extension. The original approving decision-maker PL Prior to DMC may, upon the Applicants written request for an extension Expiration 8.96 020.E of approval prior to expiration, upon the determination that Date all Conditions of 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 original hearing body. 5. Compliance. The Applicant/Property Owner shall operate PL On-going DMC this use in compliance with the Conditions of Approval of 8.100 this Conditional Use Permit, the approved plans and the regulations established in the Zoning Ordinance Any violation of the terms or conditions specified may be subject to enforcement action. 6. Revocation of Permit. The Conditional Use Permit PL On-going DMC approval shall be revocable in accordance with the Dublin 8 96 020 I Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Requirements and Standard Conditions. The Various Building Various Applicant/ Developer shall comply with applicable City of Permit Dublin Fire Prevention Bureau, Dublin Public Works Issuance Department, Dublin 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 required have been or will be met. 8. Controlling Activities. The business owner shall control PL Through Planning all activities on the project site so as not to create a construct- nuisance to existing/surrounding businesses and/or ion and on- residences. going 9. Annual Review. On an annual basis, this Conditional Use PL On-going Planning Permit approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. 10. Minor Amendments. The Community Development PL On-going DMC Director or his/her designee shall determine that a minor 8.100.080.A amendment to a Conditional Use Permit is in substantial conformance with the Conditional Use Permit if it is a minor project as described below, is Categorically Exempt from the California Environmental Quality Act, and is consistent with the conditions of approval for the permit. 11. Hours of Operation. The hours of operation for the PL On-going Planning 4 of 9 COA Condition Text Resp. Required Source # Agency Prior to: Outdoor Storage Yard shall be limited to the hours between 7:00 a.m. and 5.30 p.m. 12. Storage Yard. At no time shall any material or item be PL On-going DMC stacked so that it is visible above the fence of the Storage 8.28.020.B. Yard. At no time shall boxes, pallets or any other item be 3 placed outside of the Storage Yard or in any location where these items may be visible from public view or adjacent properties. 13. Sound Control. Amplified sound shall not be directed PL On-going Planning into the storage yard so as not to create a nuisance to existing/surrounding businesses and/or residences. 14. Fees. Applicant/Developer shall pay all applicable fees in Various Building Various effect at the time of building permit issuance. Permit Issuance 15. Indemnification. The Applicant/Developer shall defend, ADM On-going Admin/ indemnify, and hold harmless the City of Dublin and its City agents, officers, and employees from any claim, action, or Attorney 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 Applicant/Developer Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings 16. Clarification of Conditions. In the event that there PL, PW On-going Various needs to be 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 improvements or mitigations resulting from impacts to this project. 17. Storage Yard Dimensions. The storage yard shall be PL On-going Planning limited to the dimensions shown on the approved site plan. 28 parking spaces shall be removed along the western boarder of the storage yard perimeter to create the required emergency access lane as shown on the approved site plan. 18. Site Development Review (SDR) Waiver. The storage PL Prior to DMC yard shall be enclosed by an eight foot tall fence, and will construction 8.104.030 have access gates on each side. The metal fence and 5 of 9 COA Condition Text Resp. Required Source # Agency Prior to: gate sample provided by the applicant shall be subject to approval of SDR Waiver and is not part of this application. 19. Project Completion. The fence shall be installed and PL Occupancy/ Planning painted to match the building. Final paint color is subject utilization of to City review and approval. The Applicant shall paint a the outdoor portion of the building nearest the fence and the fence the storage proposed color and shall call for a Planning inspection area prior to painting the building, fence, and gates in their entirety. BUILDING DIVISION 20. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion Division ordinances in effect at the time of building permit 21. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit three (3) sets of Building Division construction plans to the Building & Safety Division for Permits plan check. Each set of plans 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 building permits. 22. Construction Drawings. Construction plans shall be B Prior to Building fully dimensioned (including building elevations) Issuance of Division accurately drawn (depicting all existing and proposed Building conditions on site), and prepared and signed by a Permits California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. FIRE DIVISION 23. Fire apparatus roadways. Shall have a minimum F On-going Fire unobstructed width of 20 feet and an unobstructed vertical Department clearance of not less than 13 feet 6 inches Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet, an Aerial Fire Access road shall be provided. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of the building At least one of the access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet parallel to one entire side of the building 1. Fire apparatus roadways must extend to within 150 feet of the most remote first floor exterior wall of any building. 2 The maximum grade for a fire apparatus roadway 6 of 9 COA Condition Text Resp. Required Source # Agency Prior to: is 12% 3 Fire apparatus roadways in excess of 150 feet in length must make provisions for approved apparatus turnarounds. 24. Gate Approvals. Fencing and gates that cross F Prior to Fire pedestrian access and exit paths as well as vehicle Issuance of Department entrance and exit roads need to be approved for fire Building department access and egress as well as exiting Permits provisions where such is applicable. Plans need to be submitted that clearly show the fencing and gates and details of such. This should be clearly incorporated as part of the site plan with details provided as necessary 25. FD Gate Key Box/Switch. F Prior to Fire Issuance of Department Manual Gates. Each manually operated gate that serves Building as a means of fire access shall have installed a Knox Key Permits Box accessible from the entrance side of the gate Where the locking method of the gate is by a chain a Knox padlock shall be installed on the chain. The key box door and necessary keys are to be provided to the fire inspector upon the final inspection. The inspector will then lock the keys into the box Automatic Gates. All electrically controlled gates shall be provided with an emergency gate over-ride key switch for fire department access. 26. Floor Plan. All storage, use areas, and equipment and F Prior to Fire fixture locations shall be shown including aisle location Issuance of Department and width, exit signage, and emergency lighting. Each Building storage area shall note the storage height, commodity Permits classification and array arrangement. All uses adjacent to the warehouse shall also be noted. The floor plan shall also include the applicable items noted within the storage information, fire system information, and building information lists noted below. 27. Storage Information. Storage information is required for F Prior to Fire the Fire Code Commodity Classification for the material Issuance of Department being stored. A detailed description of the commodities to Building be stored including. Permits • How the product is packaged and type of pallets used. • If the materials to be stored or their packaging contain plastics, the percentage by weight for non- expanded plastics and/or the percentage by volume for expanded plastics shall be provided. The percentage required is for an entire pallet load, including the weight of the pallet • The location, method and height of all storage. • Details and description of the storage array (arrangement) including flu spaces, and detail of 7 of 9 COA Condition Text Resp. Required Source # _ Agency Prior to: the racks, shelf, bin-boxes, or other storage fixtures. • Aisle width/separation between storage piles or racks. 28. High Pile Permit Application. Prior to High Piled F Pnor to Fire Storage occurring in the warehouse, a Fire Permit Issuance of Department allowing such storage shall be obtained A completed Fire Permit High Pile Permit Storage Application will need to be submitted to the Fire Department along with a complete Warehouse Storage and Layout Submittal. The actual Permit is not issued until all work for such storage has been completed and inspected PUBLIC WORKS DIVISION 29. Standard Public Works Conditions of Approval. PW Prior to Public Applicant/Developer shall comply with all applicable City Approval of Works of Dublin Public Works Standard Conditions of Approval Improvemen In the event of a conflict between the Public Works t Plans Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 30. Graffiti. The Applicant/Developer and/or building PW On-Going Public tenant(s) shall keep the site clear of graffiti vandalism on Works a regular and continuous basis Graffiti resistant paint for the structures and film for windows or glass shall be used whenever possible. 31. Occupancy Permit Requirements. Prior to issuance of PW Prior to Public an Occupancy Permit, the physical condition of the project Occupancy Works site shall meet minimum health and safety standards including, but not limited to the following: a. Lighting for the building and parking lot shall be adequate for safety and security Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. PASSED, APPROVED AND ADOPTED this 12'" day of July 2016 by the following vote. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair 8 of 9