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HomeMy WebLinkAboutReso 084-87 OilChangersCUP RESOLUTION NO. 84 - 87 A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF DUBLIN UPHOLDING THE PLANNING COMMISSION'S ACTION AND APPROVING PA 87-100 OIL CHANGERS CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH A DRIVE-THROUGH CAR WASH FACILITY IN ADDITION TO THE OIL CHANGE, LUBRICATION AND SMOG CERTIFICATION FACILITY PREVIOUSLY APPROVED FOR 7194 VILLAGE PARKWAY IN THE G-2-B-40 DISTRICT WHEREAS, Seth Bland, Representative of Lube Management Corporation, filed a Conditional Use Permit application to permit a drive-through car wash facility in addition to the drive-through oil change, lubrication and smog certification facility (PA 87-048) approved on June 1, 1987, by the Planning Commission for the site at 7194 Village Parkway; and WHEREAS, notice of Public Hearing was published in The Herald, posted in public buildings, and mailed to property owners within 300 feet of the project in accordance with California State Law; and WHEREAS, a Staff analysis was submitted recommending conditional approval of the application; and WHEREAS, the Planning Commission held a Public Hearing on August 17, 1987, to consider all reports, recommendations, and testimony and; WHEREAS, after considering all reports, recommendations and testimony, the Planning Commission adopted Resolution No. 87-061 approving PA 87-100 Oil Changers Conditional Use Permit to establish a drive-through car wash facility at 7194 Village Parkway; and WHEREAS, on August 27, 1987, Vernon A. Swiers and Roger L. Woodward filed separate appeals of the Planning Commission's action and on September 10, 1987, both Appellants filed written grounds for the appeal; and WHEREAS, the City Council held a public haring on said appeal on September 28, 1987; and WHEREAS, proper notice of said public 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 a Negative Declaration has been adopted (City Council Resolution No. 83 - 87) for this project as it will have no significant effect on the environment; and WHEREAS, a Staff Report was submitted recommending that the City Council uphold the Planning Commission's action approving the Conditional Use Permit application; and WHEREAS, the City Council heard and considered all said reports, recommendations, and testimony as herein above set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find that: a) The use is required by the public need in that it provides a drive-through automatic car wash service providing residents and business persons in Dublin and surrounding communities an additional car wash facility to choose from to meet their needs in terms of location, cost and type of service. -1- b) The use will be properly related to other land uses and transportation and service facilities in the vicinity in that the site is located on the corner of two major streets with adequate on-site circulation, and the daytime activities of the project will be commensurate with the present use of surrounding properties within the neighborhood. c) The use, under all the circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working in the vicinity or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood as all applicable regulations will be met. d) The 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 the car wash facility is consistent with the character of the General Commercial District. e) The use is consistent with the General Plan and Downtown Specific Plan. BE IT FURTHER RESOLVED that the City Council does hereby uphold the Planning Commission's action conditionally approving PA 87-100 as shown by materials labeled "Exhibit A" on file with the Dublin Planning Department subject to compliance with the Conditions of Approval and site plan for PA 87- 048 Oil Changers Conditional Use Permit and Site Development Review and to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building and grading permits or establishment of use, and shall be subject to Planning Department review and approval. PA 87-100 Oil Changers Conditional Use Permit shall supercede all previous Conditional Use Permit approvals for the site (7194 Village Parkway), with the exception that PA 87-100 shall supplement PA 87-048 Oil Changers Conditional Use Permit (Planning Commission approval June 1, 1987). 2. In addition to the uses approved under PA 87-048, the following use shall be permitted: a. Drive-through water recycling car wash facility. 3. All washing of vehicles shall occur indoors. The Applicant shall submit to the City Engineer for review and approval a grading, drainage and improvement plan. The site shall be graded so that all run-off is collected internally and there is no flow across the sidewalks or driveways. 5. The Applicant shall comply with all DSRSD Fire Department requirements. The Applicant shall conduct all operations entirely on-site including vehicular stacking, circulation and parking. No off-site vehicular stacking, off-site vehicular circulation, off-site parking, or off-site traffic congestion shall be allowed. Materials and items stacked within the building shall not be stacked so as to be visible through the window from the exterior of the building. The Applicant shall either not stack items in front of the window or provide permanent physical masking on the interior of the window subject to review and approval of the Planning Department. 8. This permit shall expire June 11, 1990, and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. -2- The approval period for the Conditional Use Permit may be extended two additional years (Applicant must submit a written request for the extension prior to the expiration date of the Conditional Use Permit) by the Planning Director upon his determination that the Conditions of Approval remain adequate to assure that the above-stated Findings will continue to be met. PASSED, APPROVED AND ADOPTED this 28th day of September, 1987. AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None ATTE · City Clerk -3-