HomeMy WebLinkAboutReso 55-04 AlamdaCtyAutoAuction RESOLUTION NO. 55 - 04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
AFFIRMING THE APPROVAL OF A CONDITIONAL USE PERMIT
REQUEST FOR PA 03-070 TO OPERATE AN AUTOMOTIVE REPAIR AND SERVICE
ESTABLISHMENT TO SERVE THE ALAMEDA COUNTY AUTO AUCTION
IN AN EXISTING BUILDING WITHIN THE
M-1 LIGHT INDUSTRIAL ZONING DISTRICT AND LOCATED AT 6938 SIERRA COURT
WHEREAS, the Applicant, Adel Saadeh owner and operator ofthe Alameda County Auto
Auction, has requested approval of a Conditional Use Permit to establish an automotive repair and service
establishment limited to providing services to the auto auction in an existing building at 6938 Sierra Court,
within the M-1 (Light Industrial) zoning district; and
WHEREAS, the building at 6938 Sierra Court was designed and built for the purposes of housing
industrial and commercial service-type users; and
WHEREAS, the proposed use of Auto Repair and Service is permitted in the M-I (Light
Industrial) zoning districts with a Conditional Use Permit approved by the Planning Commission; and
WHEREAS, the California Environn~ntal 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 as it is contained
within an existing building on a completely improved site; and
WHEREAS, the Conditions of Approval proposed wilt limit or eliminate any negative impacts the
Automobile Repair and Service establishment could have on surrounding businesses and residents as the
use shall provide limited auto repair services only to the Alameda County Auto Auction; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said application
on February 10, 2004 and 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 in making a decision on the
project; and
WHEREAS, the Planning Commi~ion has found that the proposed project is appropriate for the
subject site and did unanimously approve the said project on March 9, 2004.
WHEREAS, Rick Duemling of Tern_presto, Inc., located at 6928 Sierra Court, has submitted an
appeal of the decision of the Planning Commission to the City Council in a letter of appeal dated March 15,
2004; and
WHEREAS, proper notice of said hearing was given in all respects as required by lavw, and
WHEREAS, the Staff Report was submitted recommending that the City Council make a
determination to affirm the Plavning Commission decision to approve the Conditional Use Permit, PA 03-
070, in accordance with the provisions of the Appeal Chapter of the Zoning Ordinance; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove setforth, and used their independent judgment to make a decision.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does make the
following findings and determinations regarding the proposed Conditional Use Permit:
A. The approval of this Conditional Use Permit with the related improvements and amenities is
compat~le with other land uses, transportation and service facilities in the vicinity, because it is in
an existing ust al and commercial with simi_ r s ounding us : . ar . in ses
this industrial area include an automobile auction owned and operated by Ariel :Saaaen mr Ammeua
County which the proposed operation will serve; warehousing and distribution; admires' trative
industrial office uses; fight industrial uses and similar light industrial uses.
B. The approval of this Conditional Use Permit 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 creates no recognizable negative impacts and the proposed use will serve
a public need by providing a service to the auto auction and the community it serves.
C. The approval of this Conditional Use Permit, as conditioned, will not be injurious to property or
improvements in the neighborhood because the site is adjacent to like commercial and industrial
uses and will be operated within an improved building.
D. There are adequate existing provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed Conditional Use Permit and related minor auto service use, as
conditioned, would not be detrimental to the public health, safety, and welfare, because no facilities
will be substantially altered, and no increase in public service demands will result from the proposed
use.
E. The subject site is physically suitable for the type, density and intensity of the conditional use being
proposed because the existing industrial building and site is of adequate size to serve the use and in
close proximity to the Alameda County Auto Auction facility.
F. The proposed conditional use, as cond.itioned, is compat~le with the specific intern established for
the M-1 (Light Industrial) zoning district, which is to "provide appropriate industrial areas to
accommodate enterprises engaged in manufacturing, processing, and repairing goods, merchandise,
or equipmem."
G. The approval ofthis Conditional Use Permit is consistent with the Dublin General Plan land use
designation of Business ParMIndustrial, and will promote the viability of an existing Auto Auction
use in the same general area.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve PA 03-070, a
Conditional Use Permit, as conditioned, to establish a limited Automobile Repair and Service establishment
within an existing industrial building located at 6938 Sierra Court, within an M-1 (Light Industrial) zoning
district, further identified as APN 941-2756-004, subject to the following Conditions of Approval:
2
CONDITIONS OF,APPROVAL,,-',
Unless sta!ed otherwise, all Conditions of Approval shall .be complied ~ prior to the establishment of
usg. ,. and. shall be subject re. Planning Department review and approval. The folio.wing codes represent.
those depart .ments/agencies.respons~le for.monitoring compliance. Of the conditions of approval: ~L]
planning` .[BI Building, [PO] Police, [pw] Public Works [AD.M] Administration/City Attorney,. [FIN. ]
Finance, [F] Alameda County Fire. Departmem, [DSRSD].Dub .lin San Ramon Serv~.'.ces District. [CO1
Alameda County Department of Environmental Health [DEll]_.
GENERAL CONDITIONS
1. Approval. This Conditional Use Permit approval for PA 03-070 establiShes an [Pl"
Automobile Repair and Service establishment to provide minor auto repair service
limited to smog testing and related minor repairs; safety inspection and related minor
repairs (including fluid replacement); oil and filter changes; windshield replacement;
and, paint less dent removal (including related minor detailing) within an existing
industrial building. All other automobile services and repairs are prohibited.
2. Review and permitting Authority. The ApPlicant shall COmply'with all applicable [All]
regulations and requirements of the Dublin Community Development Department
Building Division and Planning Division, Alameda County Fire Department, Dublin
San Ramon Services District, Dublin Police Services, and Dublin Public Works
Department, and the Regional Water Quality Control Board.
3. BUilding Permit ApPlication2 To apply for building permits, the Applicant shall [BI
submit five (5) sets of construction plans together with final site plan and landscape
plans to the Building Department for plan check. Each set of plans shall have
attached a copy of these conditions of approval with notations as to how the
condition is being satisfied. The plans shall clearly indicate how all COnditions of
approval ~ be, or have been complied with~ Construction plans will not be
accepted without the annotated COnditions attached to each set of plans. The
Applicant will be respons~le for obtaining the approvals of all participating non-City
agencies prior to the issuance of building permits.
The following items should be included on the drawings submitted to the Building
Division:
a) Provide a detailed plan on exit path from within the building to the public
way.
b) Show location of all rooftop equipment, including isometric outline of the
gas/plumbing systems.
e) Provide details on all construction type for the structure.
d) Per 1105B.3.2 CBC, areas to be made accessible include the following:
e) Customer and office areas, together with related toilet rooms.
f) Conference rooms, viewing and demo rooms or cubical and similar areas.
g) Employee work areas shall have a minimum 36" wide clear access, except
as modified in other portions of these regulations.
h) All exterior address signage to meet the Dublin Municipal Code, i.e. front
of building signage to be illuminated. Rear of building signage to be a
minimum of 6" in height and to be visible to a passing officer.
'4.' Nuisance. The Applicant shall control all business activity so as not to create a [PL, PO] '"
public or private nuisance to the existing and surrounding businesses and residents.
5. ApProval Period. This approvel shall be valid for as tong as the operation of the [PL]
use is in compliance with the Conditions of Approval. However this approval shall
become null and void in the event the approved uses cease to operate for a one-year
period.
6.' ReVocation. This Permit Shall be revocable for cause in ~ccordance with Dublin [PL, PO]
Zoning Ordinance Section 8.96.020.I, Revocation. Any violation of the terms and
conditions of this permit may be subject to the issuance ora citation.
7. Limited OutdoOr Activity. [PL, PW]
a) All activities associated with the Automobile Repair and Service
establishmem shall be conducted emirely within the enclosed building,
except that any repair vehicles temporarily parked outside of the building
during the day must be operable.
b) No service or repair work can be conducted outside of the building.
c) No vehicle parts, or equipment associated with the business may be stored
outside of the building.
d) No vehicles in for service or repair may be left outside of the building
overnight except in the vehicle storage parking area surrounded by fencing
and locked gate.
e) The vehicle storage area shall be as shown on the Project Plans and shall
only be used to store vehicles. No auto services, repairs, painting or
draining of oil, anti-freeze, or other chemicals from autos shall be used or
stored in the gated vehicle storage area.
8. Building Alterations. AnY upgrades to the tenant space will require Building lB]
Permits and plans and calculations prepared by a California licensed Architect or
Engineer.
9. Restriction of use.. The Applicant and property owner shall ensure that no cutting, IF]
welding, open flame or draining of fuel is performed in the building.
10. Use of Office Space. The Applicant and property owner shall ensure ttmt no use'is [PL, FI
allowed in the office space until a building permit and final are obtained for such use
of that space.
11. Safe, Clean and Litter-Frce. Both the ApPlicant and property owner shall be [PL, PO]
respons~le for maintaining the premises in a safe, clean and litter-free conditions at
all times.
12, Security. The Applicant shall comply with alt applicable City of Dublin Non- '[PO]
Residential Security Ordinance requirements.
13. Building Identification. Addressing and building numbers shall he vis'lc from ail [PO]
approaches to the building. Any rear exit doors shall display the business name and
address in 5" high lettering.
4
14. Graffiti. The Applicant shall keep the site clear of graffiti vandalism on a regular [PO]
and continuous basis at all times. Graffiti resistant materials should be used on the
exterior of the building.
15. Theft Protection. The Applicant shall work with Dublin Police on an ongoing basis [PO]
to establish an effective theft prevention and security program.
16. Emergency Response Form. A business site Emergency Response Form shall be [PO]
completed and submitted to Dublin Police Services prior to occupancy.
17. Exiting thc Building. Employee exit doors shall be equipped with 180-degree [PO]
viewers if there is not a burglary resistant window panel in the door from which to
scan the exterior.
la. Exterior Lighting. Lighting'shall be provided oTM all exit doors of the building. [PO]'
Lighting fixtures shall be installed in the parking tot in accordance with the current
City of Dublin Security Ordinance.
19. Parking Lot Improvements. The parking lot shall be restriped"as shown on the' [Pw]'
Site Plan in Exhibit A to provide additional spaces to serve the tenant space.
Twenty-four (24) regular spaces (9' x 20') and one disabled-access parking stall are
required.
20. LandscaPing. Landscaping improvements shall'be installed in accordance with'the [PO]
Project Plans. Exterior landscaping shall be kept at a minimal height and fullness to
allow patrol officers and the public view of the site.
5
AGENCY!
21. Fire Safety. The following conditions are required by the Alameda County Fire IF]
Department:
a) Approved numbers or addresses should be placed on all buildings. The
address shall be positioned as to be plainly visible and legible from the
street or road fronting thc property. Said numbers shall contrast with
their background.
b) Knox boxes are required at thc entrance to the building and at any gates
that block Fire Department access.
c) The Applicant shall provide information on the location and quantities of
any hazardous materials including any tanks.
d) The existing sprinkler system shall be upgraded to comply with the
requirements of the new use including being monitored by a UL listed
central station.
c) Provide 2A10BC fire extinguishers, in locations approved by the Fire
I)c~t, in the space. An approved sign in accordance with Uniform Fire
Code shall be conspicuously posted above thc extinguisher.
f) The main door may have lever, panic or key locking hardware on the
inside. A thumb turn and manual flush bolts are not allowed on the main
door. If key-locking hardware is used, provide a sign above the door
stating, "THIS DOOR TO REMAIN UNLOCKED DURING
BUSINESS HOURS". The other doors shall have lever or panic
hardware.
g) The tenant space shall be in compliance with Building and Fire Codes as
adopted by the City of Dublin.
h) Fire apparatus roadways must have a minimum unobstructed width of 20
feet and an unobstructed, vertical clearance of not less than 13 feet 6
inches. Roadways under 36 feet wide shall be posted with signs or shall
have red curbs painted with labels on one side; roadways under 28 feet
wide shall be posted with signs or shall have red curbs painted with
labels on both sides of the street as follows: "NO STOPPING FIRE
LANE - CVC 22500.1". (CFC 2001, Section 902.2.2.1).
22. Vehiele storage area restrictions. The proposed fenced and'gated Vehicle storage [PL, PW]
area shall be as shown on the Project Plans. Vehicles to be serviced or repaired may
be parked in this area, but for no longer than ten (10) calendar days. No auto
services, repairs, painting or draining of oil, anti-freeze, or other chemicals from
autos shall be allowed in the gated vehicle storage area. The Applicant shall obscure
the view of the vehicle storage area by installing wooden slats in the existing
fencing, or replace with solid fencing subject to the approval of the Community
Development Director.
6
23. Water Quality. The Applicant must comply with the Alameda County Clean Water [PO]
Program (Commercial and Industrial Pollution Control Section), which has been
provided directly to the Applicant. The stormwater pollution prevention methods
contained within should be implemented and practiced to avoid drainage of
contaminated water or liquids into the adjacent creek channel from the use, and any
citation from the City of Dublin or the Regional Water Quality Control Board.
24~" TruCk Deliveries and Unloading'of Vehicles. All tracks delivering and unloading' [PL, PO]'
vehicles to the service center shall be in accordance with the State of California
Motor Vehicle Code regulations related to the off-loading and delivery of cars and
street parking of tracks. Additionally, the loading and unloading in the public right-
of-way ora track associated with the service center shall be limited to a maximum
time of one (1) hour.
PASSED, APPROVED, AND ADOPTED this 6t~ day of April 2004.
AYES: Councilmembers McCormick and Zika, and Mayor Lockhart
NOES: Councilmembers Oravetz and Sbranti
ABSTAIN: None
ABSENT: None
Mayor
ATTEST:
City
O:\C:C-MTO~~04-06-04'~e~>auto an~fion appeal w roms to c~p.doe ~ 6.6)
7
TENANT IMPORVEMENT AT: '~ ~
38 SIERRA COURT i,~.~ ~
DU~LIN, CA 94568 r-