HomeMy WebLinkAbout04-048 Toyota VehStrgLot - CUP
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: DECEMBER 14, 2004
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
PROJECT DESCRIPTION:
Background:
PUBLIC HEARING: PA 04-048, Conditional Use Permit to
operate a vehicle storage lot at 6459 Dublin Court (vacant lot at
the northeast terminus of Dublin Court).
Report prepared by: Charity Wagner, Associate Planner ~
1.
Resolution approving a Conditional Use Pennit to operate a
Vehicle Storage Lot at 6459 Dublin Court for Dublin Toyota
Applicant's Written Statement
Project Plans
Site Photographs
2.
3.
4.
1.
2.
3.
4.
5.
Open public hearing and hear Staff presentation.
Take testimony from the Applicant and the Public.
Question Staff, Applicant and the Public.
Close public hearing and deliberate.
Adopt Resolution (Attachment 1) approving the Conditional
Use Pennit for a Vehicle Storage Lot for Dublin Toyota.
In July of 1970, as a result of a freeway agreement between the State of California and the County of Alameda,
the County accepted title to frontage roads and reconstructed County roads that were relinquished by the State
following construction of the Dougherty Road, Interstate 580 Interchange. The relinquishment included the
tenninus of Dublin Court; however, it did not include a triangularly shaped parcel just north of the existing cul-
de-sac, known today as 6459 Dublin Court. Upon incorporation in 1982, the City of Dublin incurred
responsibility for design and maintenance of new and existing roadway systems. The property at
6459 Dublin Court was incorporated into the City and ownership has been maintained by the State of
California.
Businesses along Dublin Court have developed to include industrial, automobile and general retail uses while
the property at 6459 Dublin Court has remained vacant. The property has been utilized sporadically over the
years as a temporary staging area for construction equipment associated with various roadway improvements
and most currently a storage lot for modular Cal Trans office buildings. In October 2004, Cal Trans leased the
property to Dublin Toyota to operate a used vehicle storage lot.
Proposed Land Use:
The Applicant, Scott Anderson, representing Dublin Toyota, requests reVIew and approval of a
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COPIES TO:
Applicant
Property Owner
PA File
Project Manager
ITEM NO. ..$ , ~
G:\PA#\2004\04-048 Dublin Toyota Vehicle Storage Lot\PC staff reportDOC
Conditional Use Pennit to operate a vehicle storage lot on a vacant parcel located at 6459 Dublin Court.
The property in question is an awkwardly shaped parcel situated at the end of a cul-de-sac in a
commerciallindustrial area (see Attachment 3, project plans). Vehicles within the storage lot would
consist of used automobiles to be sold in connection with an established Dublin Automobile Dealership,
Dublin Toyota. The intent of the requested conditional use pennit is to pennit storage of up to 40 vehicles.
The Applicant does not intend to (nor would it be pennitted) to wash, detail, repair, modify or sell
vehicles within the storage lot.
General Plan and Zonimr
The subject property is zoned M-l (Light Industrial) which pennits vehicle storage lots subject to the
approval of a Conditional Use Pennit in accordance with Code Section 8.12.050. The General Plan Land
Use Map designates this property for Retail/Office and Automotive land uses. The surrounding land uses
are a mixture of automotive, office/retail and industrial businesses. The proposed vehicle storage lot
would be compatible with the surrounding land uses and the subject Zoning and General Plan
designations, as it is an automotive related land use.
ANAL YSIS:
Visibilitv and Site Screening:
The Zoning Ordinance has recently been amended with respect to required screening of vehicle storage
lots. Prior to an amendment approved by City Council on January 20,2004, by definition, vehicle storage
lots were required to be screened by a 6-foot high fence or wall. Though not currently required by
Ordinance, the Police Department recommends that storage lots be fenced, gated and well lit to meet the
requirements of the City of Dublin Non-residential Security Ordinance.
The Applicant intends to maintain and repair an existing chain link fence with barbed wire along the south
property line (adjacent to Dublin Court) and east property line (adjacent to Dougherty Road). At this time,
there is an approximately 6 foot high wood fence along the west property line (adjacent to United
Rentals). For security purposes, the Police Department encourages perimeter fencing for vehicle storage
yards. By Ordinance, a wall or fence is not required unless the Planning Commission finds that the
requirement is necessary. Staff feels that a perimeter chain link fence with slats is appropriate as it would
be consistent with existing fence material, deter loitering and burglary, and screen the vehicles from
Dublin Court right of way. With regard to visibility from Dougherty Road, the parcel is situated down
slope of the road; therefore, vehicles stored in connection with the proposed vehicle storage lot would not
be visible from Dougherty Road. Staff requests that the Commission detennine that a perimeter fence
should become a requirement of this Conditional Use Pennit. The attached resolution (Attachment 1)
contains the following condition:
The parking area designated for the storage of vehicles shall be located within a fenced area. Said fence
shall consist of a solid masonry wall or chain link with interwoven slats and shall be maintained in good
condition. The gated entrance to the fenced area shall be kept closed and locked at all times except during
authorized drop-off and removal of vehicles. Any Fire Department access shall be equipped with Knox
boxes.
Improvements:
The subject property is a vacant lot with overgrown vegetation, cracked asphalt pavement, scattered debris, and
a fence in need of repair. If approved, the Applicant intends to rid the lot of vegetation, repair holes and
damages to chain link, reinforce existing fence posts, replace barbed wire and repair portions of the existing
2
pavement, as needed to accommodate the proposed vehicle storage lot. The vehicle storage lot would not be
striped with parking stalls. Should the Commission approve the request in accordance with the conditions
proposed in the draft resolution (Attachment 1), the Applicant will be required to install light posts to meet the
minimum lighting requirements of the City of Dublin Non-residential Security Ordinance and construct
sidewalk improvements in front of the property to complete the sidewalk connection between the existing auto
sales lot and United Rental property. Also, should the Commission adopt the attached resolution as proposed,
condition number 8 will require construction and maintenance of a perimeter fence. No new structures or signs
are proposed in connection with this pennit.
Review bv Citv Departments:
The City Departments of Public Works, Police, Fire and the Building Division have reviewed the project and
have recommended conditions of approval (Attachment 1). The intent of the conditions of approval for this
project is to ensure that the storage lot does not have a negative impact on surrounding land uses or become a
visual nuisance and further to enhance health and life safety standards of the Dublin Municipal Code.
PUBLIC NOTICE:
In accordance with State law, a public notice was mailed to all property owners and occupants within 300
feet of the proposed project, to advertise the project and the upcoming public hearing. A public notice was
also published in the Valley Times and posted at several locations throughout the City. To date, the city
has received no contact or objections from surrounding property owners or tenants regarding the current
proposal.
ENVIRONMENT AL REVIEW:
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. The project has been found to be Categorically Exempt from the
California Environmental Quality Act (CEQA), according to Section 15301(1) because the project consists
of minor modifications to an existing vacant lot and it is consistent with all General Plan and Zoning
regulations.
CONCLUSION:
The Applicant, Mr. Scott Anderson, requests approval of Conditional Use Pennit to pennit a vehicle
storage lot pursuant to Chapter 8.12.050 of the Zoning Ordinance. The findings for the Conditional Use
Pennit, contained in the Resolution (Attachment 1), can be made as the proposed use is appropriate for
this small irregularly-shaped parcel; stored vehicles would be adequately screened from view along Dublin
Court and Dougherty Road; no business (wash, detail, repair, modify or sale of vehicles) will be conducted
on site; and the Conditional Use Pennit approval is subject to the conditions in Attachment 1.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) open public hearing and hear Staff presentation; 2)
take testimony from the Applicant and the public; 3) question Staff, Applicant and the public; 4) close
public hearing and deliberate; and 5) adopt the Resolution (Attachment 1) approving Conditional Use
Pennit for a Vehicle Storage Lot in connection with and existing automobile dealership (Dublin Toyota).
G:\PA#\2004\04-048\PC Staff Report.doc
3
GENERAL INFORMATION:
PROJECT:
PROJECT DESCRIPTION:
ENVIRONMENT AL REVIEW:
APPLICANT:
PROPERTY OWNERS:
LOCATION:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
PUBLIC HEARING - P A 04-048, Dublin Toyota Conditional Use
Pennit for Vehicle Storage Lot.
The Applicant, Mr. Scott Anderson, is requesting Planning
Commission approval to utilize a vacant lot in the M-l Zone for
storage of used vehicles, pursuant to Section 8.100.020 of the
Zoning Ordinance. The proposed storage lot would accommodate
30 to 40 vehicles to be sold in connection with Dublin Toyota.
The project has been found to be Categorically Exempt from the
California Environmental Quality Act (CEQA), according to Section
15301 (I) because the project consists of a minor modification to an
existing developed lot.
Mr. Scott Anderson
State of California, Transportation Division
6459 Dublin Court, Dublin, CA 94568
Retail/Office and Automotive
M-l (Light Industrial): Undeveloped vacant parcel
4
RESOLUTION NO. 04-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH AN
AUTOMOBILENEHICLE STORAGE LOT FOR DUBLIN TOYOTA
AT 6459 DUBLIN COURT, PA 04-048
WHEREAS, the Applicant, Scott Anderson of Dublin Toyota, proposes to operate a vehicle
storage lot by means of a Conditional Use Pennit pursuant to Section 8.12.050 of the Zoning Ordinance
for use by the Dublin Toyota Dealership within a vacant paved lot located at 6459 Dublin Court; and
WHEREAS, the intent of the M -1 District is to promote light industrial development compatible
with existing development, and other automotive and storage uses in the vicinity, or allowed in the M-l
District subject to a Conditional Use Pennit, include new and used auto sales, service stations, and
temporary storage of construction equipment; 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 15303, as the project is
located on a previously developed, fully improved and paved property where no further improvements or
construction is necessary for the use; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said application
on December 14, 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 herein above set forth and used its independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the proposed project is appropriate for the
subject site.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby make the following findings and detenninations regarding said proposed Conditional Use Pennit:
A. The proposed use of the property as an automobile storage lot serves the public need by
providing a location for storage of used vehicles owned by an established auto dealership
during excessive inventory, thereby providing the community and regional area with a
greater opportunity to purchase automotive vehicles in a convenient location.
ATTACHMENT 1
B. The proposed use of the property as an automobile storage lot will not adversely affect the
health or safety of persons working in the vicinity, and will not be detrimental to the public
health, safety, and welfare because of the proximity of its location to other commercial and
automotive uses and related activities. Additionally, the Conditions of Approval will
ensure ongoing compatibility with other surrounding land uses that are commercial or
office in nature and meet the intent of the Zoning Ordinance related to automobile storage
lots.
C. The proposed use of the property as an automobile storage lot, under all circumstances and
conditions of this pennit, will not be injurious to property uses or improvements in the
neighborhood as there are no adverse impacts associated with the automobile/vehicle
storage lot at this location. Other industrial and commercial service facilities and
automobile related uses in the immediate vicinity complement the proposed project.
D. There are adequate existing provisions for public access, water, sanitation, and public
utilities and services to ensure that the proposed use of the property as a temporary
automobile storage lot and related improvements would not be detrimental to the public
health, safety and welfare as the proposed site is fully improved for commercial
development. No alteration or extension of such services would be necessary for the
operation ofthe use.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed. The subject property is one of the more appropriate
industrial properties in the City for automobile storage uses as it is irregularly-shaped, not
visible from heavily trafficked streets and is compatible with the surrounding automotive
uses.
F. The proposed use of the property as am automobile storage lot is consistent with the
Dublin General Plan in tenns of land use and development standards as the land use
designation for the site is Retail/Office and Automotive land uses.
BE IT FURTHER RESOL VED THAT THE Dublin Planning Commission does hereby
approve P A 04-048, a Conditional Use Pennit to allow the operation of an automobile/vehicle storage lot
within an irregularly-shaped vacant lot as generally depicted by the site plan, labeled Attachment 3,
stamped approved on December 14, 2004 by the Planning Commission, and on file with the Dublin
Community Development Department, Planning Division, subject to compliance with the following
conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of
building pennits or establishment of use. and shall be subiect to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: rPLl Planning. rBl Building. rpOl Police. rPWl Public Works
r ADMl Administration/City Attorney. rFINl Finance. rFl Alameda County Fire Department, rDSRSDl
Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health.
2
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
GENERAL CONDITIONS
1. Approval. P A 04-048 Dublin Toyota Dublin Court PL Ongoing Standard
AutomobileNehicle Storage Lot Conditional Use Pennit
approval is for the operation of a vehicle storage lot to serve
Dublin Toyota. This approval shall confonn to the project
plans stamped approved on December 14,2004, consisting
of a site plan dated received by the Planning Department on
October 4, 2004. The storage lot shall only serve Dublin
based auto sales businesses.
2. New Sign age. No signage shall be pennitted in connection PL Ongoing Standard
with the Vehicle Storage Lot.
3. Parking Area. The parking area shall be used in the PL Ongoing Standard
manner represented in application plans, written and verbal
statements and other documents, and as stipulated in this
Conditional Use Pennit. Existing trailers shall be removed
prior to the
4. Enforcement Action. The Applicant/Property Owner shall PL Ongoing Standard
operate all uses in compliance with the Conditions of
Approval of this Conditional Use Pennit and the regulations
established in the Zoning Ordinance. Any violation of the
tenns or conditions specified may be subject to enforcement
action and possible revocation pursuant to Chapter 8.96 of
the Dublin Zoning Ordinance.
5. Revocation. This Conditional Use Pennit shall be PL Ongoing Standard
revocable for cause, upon the detennination by the
Community Development Director that the conditions of
approval are not being met, or if the above related findings
of approval cannot be met pursuant to Chapter 8.96 of the
Dublin Zoning Ordinance. Failure to comply with the
conditions of approval will cause the pennit to become null
and void.
3
CONDITION TEXT
RESPON.
AGENCY
6.
Code Compliance. The project shall be in compliance with
all appropriate local, state and federal laws and regulations
and shall be in compliance with all conditions listed within
the Municipal Code, Non-Residential Building Security
Requirements, and adopted standard conditions for non-
residential building security. The applicant shall also comply
with all applicable regulations, requirements and ordinances
of the City of Dublin Planning and Building Department,
Alameda County Fire Authority, and the Dublin Police
Department.
PL,B,F,
PO
SITE MAINTENANCE
7. Site Maintenance. The applicant shall be responsible for PL, B
maintaining the site in a clean and litter-free condition at all
times.
8.
Site Screening: The parking area designated for the storage PL
of vehicles shall be located within a fenced area. Said fence
shall consist of a solid masonry wall or chain link with
interwoven slats and shall be maintained in good condition.
The gated entrance to the fenced area shall be kept closed
and locked at all times except during authorized drop-off
and removal of vehicles. Any Fire Department access shall
be equipped with Knox boxes.
Paved Parking Area Maintenance. The parking area PL, PW
designated for the storage of vehicles shall be located within
the paved parking lot area on the site and be maintained in
good condition throughout the duration of its use. Any
improvements to existing pavement shall be subject to
review and approval by the Public Works Department.
9.
10.
Vehicle Storage Activities in Parking Lot Area Only. All PL, PW
activities associated with the vehicle storage lot shall be
conducted entirely within the parking lot area designated for
automobile vehicle storage parking on the project site plan.
No repairs, detailing, sales or servicing of vehicles shall be
conducted in the parking lot. Storage lot shall be limited to
40 vehicles.
LIGHTING & SECURITY
11. Lighting and Security Requirements. Lighting within the PO, B
vehicle storage lot must meet the current requirements
specified in the City of Dublin Non-Residential Security
Ordinance, and be to the satisfaction ofthe Police
Department. Any lighting installed by Applicant/Property
4
WHEN
REQ'D
Prior to:
Ongoing
SOURCE
Standard
Ongoing
Standard
Prior to Standard
exercise of
this
entitlement
Prior to Standard
issuance of
Business
License
Ongoing Standard
Ongoing
Standard
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
Owner shall be subject to the approval and issuance of
Building Pennits. Any fencing installed by
Applicant/Property Owner shall be subject to the approval
and issuance of Building Pennits.
LICENSES & PERMITS
12. Other Licenses and Permits. The applicant shall obtain all PL,PO Ongoing Standard
necessary licenses and pennits through the Department of
Motor Vehicles and the State Board of Equalization prior to
the establishment of the use. Said licenses and pennits shall
be displayed at all times during the operation of business.
13. Deliveries. Any vehicle carrier drop-offs will be done on- PO Ongoing Standard
site and not in the street or public right-of-way.
14. Emergency Response Card. The dealership storing cars PO Ongoing Dublin
and other vehicles at the site will complete and submit to Municipal
Dublin Police an Emergency Response Card that reflects the Code
infonnation on the storage site location and the emergency
contact infonnation for that dealership's personnel.
15. Fire Access. Applicant/Developer shall provide a minimum F Ongoing Dublin
of a 5 feet unobstructed access lane through the storage lot Municipal
for purposes of firefighting access. Code
16. Sidewalk: Applicant/Developer shall construct sidewalk PW Prior to Public
improvements in front of the property to complete the exercise of Works
sidewalk connection between the existing auto sales lot and this Dept.
United Rental property. entitlement
PASSED APPROVED AND ADOPTED this day of December 14, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:P A \2004\pa04048\pc-reso
5
DUBLIN
®TOYOTA
To: City of Dublin Planning Department
Re: Description of desired use for small vacant lot located at the Northeast
corner of the Dublin Court cul-de-sac (6459 Dublin Court).
This lot is owned by Caltrans and has been used infrequently over the
past 5 years. The most recent use was about a year ago when Granite
Construction used it as a storage area during the widening of Dublin
Boulevard. Currently the¡y.-are two old trailers and some wooden
racks on the lot. It is al$Ó in a state of decay as the weeds, shrubs and
trees have not been attended to for a very long time; the cyclone fence
is in need of a substantial repair; and the trailers and wood racks are
very decrepit.
We would like to be able to use this lot to park some of our used
vehicles. We anticipate being able to comfortably park 30 to 40
vehicles on this lot once Caltrans removes the trailers and we
eradicate all weeds, shrubs etc. Additionally we intend to repair the
fence as required and install barbed wire at the top of the fence to
prevent vandalism.
We will conduct no business on this location. The lot will not be used
to repair, wash, detail or sell vehicles.
Responses to questions asked on CUP application:
a. We are going to park 30 to 40 used vehicles on this vacant lot.
b. This will have no effect on the number of employees.
c. The lot will remain chained unless vehicles are being moved on
or off the lot.
d. This activity does not target a specific segment of the
community.
e. This use has little or no effect on the community.
f. This use will not disrupt any of the surrounding businesses.
g. This use will have no negative effects on the health or safety of
people residing or working in the vicinity.
h. This use will have no negative impacts on property,
transportation systems, or existing improvements in the
neighborhood.
I. This site is ï;;,.,,6ïi substance site ATTACHMENTl
6450 DUBLIN COURT · DUBLIN · CA 94568 · 925 829-7700 · FAX 925 829-9025
www.dublintoyota.com
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