HomeMy WebLinkAboutPC Reso04-22 PA03-073 Dublin Honda Extend CUP RESOLUTION NO. 04-22
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING AN 18-MONTH EXTENSION TO AN EXISTING CONDITIONAL USE PERMIT
FOR PA 03-073 DUBLIN HONDA USED CARS
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
Conditional Use Permit 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
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 23, 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.
Do
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.
mo
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.
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.
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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
Scarlett 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, [BI 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. 97-27, 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 Y' high lettering.
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7)
8)
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.
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.
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
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towed away at owner's expense. Towed vehicles may be reclaimed
telephoning 833-6670".
PASSED, APPROVED, AND ADOPTED this 23rd day of March 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Cm. Fasulkey, Nassar, Jennings, and Machtmes
Cm. King
ATTEST: :~.//.
Plannlng~M ~ager
at Dublin Police or by
G:LPA#X2003~03-073 Honda CUP extension\PC Reso.doc
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