Loading...
HomeMy WebLinkAbout04-048 DublnToyotaStorgLot-CUP AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: JANUARY 25, 2005 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). d Report prepared by: Charity Wagner. Associate Planner C\~ 1. Resolution approving a Conditional Use Pennit to operate a Vehicle Storage Lot at 6459 Dublin Court for Dublin Toyota Minutes from December 14,2004 Planning Commission meeting Applicant's Written Statement Project Plans Site Photographs Correspondence from Guy Houston, representing Dublin Toyota and Larry Plisskin, representing Dublin Station 2. 3. 4. 5. 6. 1. 2. 3. 4. Open public hearing and hear Staff presentation. Take testimony from the Applicant and the Public. Close public hearing and deliberate. Adopt Resolution (Attachment 1) approving the Conditional Use Permit 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 relinquishnÌent 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: ------------------------------------------------------------------------------------------------------------- COPIES TO: Applicant Property Owner PAFile pr~ectManagerC1 I ITEM NO. ..1L.-1- G:\PA#\2004\04-048 Dublin Toyota Vehicle Storage Lot\PC Staff report 12505.doc The Applicant, Scott Anderson, representing Dublin Toyota, requests review and approval of a 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 commercial/industrial area (see Attachment 4, 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 Zoning: The subject property is zoned M-1 (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 current Zoning and General Plan designations, as it is an automotive related land use. ANALYSIS: Visibility 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 is appropriate as it would be consistent with existing fence material, deter loitering and burglary, and secure 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: Condition No.8: The parking area designated for the storage of vehicles shall be located within a fenced area. Said fence 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. 2 Staff has amended this condition since the December 14, 2004, Planning Commission meeting. Originally, Staff recommended that the chain link fence include interwoven slats in order to screen the vehicles fTom view along Dublin Court. The Applicant objected to this requirement at the previous hearing and, because Dublin Court is not a heavily traveled street, Staff has removed the requirement for a solid masonry wall or slats within the chain link fence. 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 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 ofthe 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 City 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. Planning Commission Meeting of December 14. 2004: On December 14, 2004, the Planning Commission held a public hearing for P A04-058 Conditional Use Pennit to operate a vehicle storage lot at 6459 Dublin Court. At this meeting the Planning Commission continued this project to a date uncertain. Opposition to the project was raised by an adjacent property owner, Mr. Larry Plisskin. As evidenced in the minutes ofthe December 14,2004, meeting (Attachment 2), Plisskin's opposition centered on the claim that there is a lack of employee parking for the existing dealerships and that Toyota employees park their personal vehicles on his commercial property. Staff has confinned that both the used and new car dealership lots are currently providing the number of customer, service and employee parking spaces as required by previously approved plans. No additional parking is required for a vehicle storage lot. Staff has also confinned that the adjacent commercial property is posted with "No Parking" signs and strongly encourages the property owner to utilize the right to tow should unauthorized vehicles be parked within the commercial center. Since the December 14, 2004, Planning Commission meeting, a representative of Dublin Toyota, Guy Houston, has met with the adjacent property owners. Mr. Houston has submitted the attached letter outlining their discussion and Mr. Plisskin has submitted a letter withdrawing his opposition to the subject vehicle storage lot (see Attachment 6). PUBLIC NOTICE: At the December 14, 2004, Planning Commission meeting, the Commission continued this item to an undetennined date. To ensure that all interested parties are aware of this hearing, a second public notice was mailed to all property owners and occupants within 300 feet of the proposed project. A public notice was also published in the Valley Times and posted at several locations throughout the City. 3 ENVIRONMENTAL 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 a 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 fTom the Applicant and the public; 3) close public hearing and deliberate; and 4) adopt the Resolution (Attachment 1) approving Conditional Use Pennit for a Vehicle Storage Lot in connection with and existing automobile dealership (Dublin Toyota). G :\P A#\2004\04-048\PC Staff Report 1 2505.doc 4 GENERAL INFORMATION: PROJECT: PROJECT DESCRIPTION: ENVIRONMENTAL 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-1 Zone for storage of used vehicles, pursuant to Section 8.1 00.020 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(1) because the project consists of a minor modification to an existing developed lot. Mr. Scott Anderson State of California, Transportation Division 6450 Dublin Court, Dublin, CA 94568 Retail/Office and Automotive M-1 (Light Industrial): Undeveloped vacant parcel 5 RESOLUTION NO. 05- 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-1 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 two properly noticed public hearing on said application on December 14,2004, and January 25,2005; 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 of the use. E. The subject site is physically suitable for the type, density and intensity ofthe use and related structures being proposed. The subject property is one ofthe 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 ofthe 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 RESOLVED 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 4, stamped approved on January 25,2005 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: (PLl Planning, rBl Building, rpOl Police, (PWl Public Works r ADMl Administration/City Attorney, rFINl Finance, rFl Alameda County Fire Department, rDSRSD] Dublin San Ramon Services District, rCOl Alameda County Department of Environmental Health. 2 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'Ð Prior to: GENERAL CONDITIONS 1. Approval. P A 04-048 Dublin Toyota Dublin Court PL Ongoing Standard Automobile/Vehicle 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 January 25,2005, 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 exercise of this entitlement. 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 ofthe 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 ofthe Dublin Zoning Ordinance. Failure to comply with the conditions of approval will cause the pennit to become null and void. 3 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 6. Code Compliance. The project shall be in compliance with PL,B,F, Ongoing Standard all appropriate local, state and federal laws and regulations PO 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. SITE MAINTENANCE 7. Site Maintenance. The applicant shall be responsible for PL,B Ongoing Standard maintaining the site in a clean and litter-free condition at all times. 8. Site Screening: The parking area designated for the storage PL Prior to Standard of vehicles shall be located within a fenced area. Said fence exercise of shall be maintained in good condition. The gated entrance to this the fenced area shall be kept closed and locked at all times entitlement except during authorized drop-off and removal of vehicles. Any Fire Department access shall be equipped with Knox boxes. 9. Paved Parking Area Maintenance. The parking area PL,PW Prior to Standard designated for the storage of vehicles shall be located within issuance of the paved parking lot area on the site and be maintained in Business good condition throughout the duration of its use. Any License improvements to existing pavement shall be subject to review and approval by the Public Works Department. 10. Vehicle Storage Activities in Parking Lot Area Only. All PL,PW Ongoing Standard 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 Ongoing Standard vehicle storage lot must meet the current requirements specified in the City of Dublin Non-Residential Security Ordinance, and be to the satisfaction of the Police Department. Any lighting installed by Applicant/Property Owner shall be subject to the approval and issuance of 4 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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: ApplicantlDeveloper 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 25th day of January, 2005. A YES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager G: P A \2004\pa04048\pc-reso] 2505 5 Ms. Ram explained that it is a private issue between the homeowner and the Homeowner's Association. The City does not regulate or enforce CC&R's. Cm. Fasulkey asked if there was anyone else that raised concerns. Mr. Baker said there was a neighbor who had concerns about the traffic, parking and noise. The neighbor also had concerns with the garage being used for daycare purposes. Cm. Fasulkey stated there is a huge need for daycare especially on that side of town. Cm. Jennings asked the ages of the children. Mr. Baker said that the students are less than 10 years old. Cm. King stated that he would normally give a lot of deference to the HOA but they have been given plenty of notice of the project and they are not here. On motion by Cm. Nassar, seconded by Cm. King, by a vote of 4-1-0 with Cm. Machtmes opposed, the Planning Commission adopted RESOLUTION NO. 04 - 71 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR P A 04-049 NEW START DA YCARE CONDITIONAL USE PERMIT TO OPERATE A LARGE FAMILY DAYCARE HOME AT 5491 ASTERWOOD DRIVE Ms. Ram explained the appeal process. 8.3 P A 04-048 Dublin Toyota Vehicle Storage Lot - Conditional Use Permit. This is a request to operate a vehicle storage lot to accommodate up to 40 used vehicles to be sold in connection with Dublin Toyota located at 6459 Dublin Court, Dublin. Cm. Fasulkey opened the public hearing and asked for the staff report. Charity Wagner, Associate Planner presented the staff report and advised the Planning Commission of the project. Dublin Toyota is requesting review and approval of a Conditional Use Permit 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 commercial/industrial area. Vehicles within the storage lot would consist of used automobiles to be sold in connection with Dublin Toyota. The intent of the requested conditional use permit is to permit storage of up to 40 vehicles. The Applicant does not intend to (nor would it be permitted) to wash, detail, repair, modify or sell vehicles within the storage lot. The subject property is an undeveloped parcel located at the terminus of Dublin Court. The parcel is located just north of the existing Dublin Toyota dealership. The property is owned by Ca1 Trans and was most recently used as a storage area for modular offices and construction trailers. In October 2004, Ca1 Trans leased this property to Dublin Toyota for use as vehicle storage lot. The property is zoned M-1 and the City's zoning ordinance allows vehicle storage lots in the M-1 Zone subject to the approval of a conditional use permit. 194 ATTACHMENT?Uz:.:¡' The applicant, Scott Anderson of Dublin Toyota, requests approval of this conditional use permit to permit the storage of up to 40 used vehicles. Improvements to the site include repairing and resurfacing the existing pavement, repairing the existing chain link fence, installation of lights for security measures and, as required by the Public Works Department, completing the sidewalk connection from the existing dealership to the storage lot. The applicant also intends to clean up the existing landscaping along the edge of the cul-de-sac. The use of the subject property would be for storage of used cars only. The Applicant does not intend to, nor would be permitted by this use permit, to wash, detail, modify or sell automobiles in the storage lot. Also, with regard to use of the storage lot, the draft resolution includes a condition of approval that limits the use of the storage lot to Dublin based businesses. Ms. Wagner continued her presentation. She stated that Staff has confirmed that the vehicles within the proposed storage lot would not be visible traveling north or south bound on Dougherty Road. In both directions, the visibility of the site is blocked by the grade change at the on-ramp to Interstate 580. For purposes of screening the storage lot from Dublin Court, Staff has created a condition of approval regarding the repair and maintenance of the 6-foot fence along the Dublin Court to include interwoven slats within the chain link. Staff has received 2 phone calls from an adjacent property owner regarding this proposal. Both calls involved concerns over employee parking. According to the calls, Toyota dealership employees are parking on an adjacent retail property. This is the first time Staff has been made aware of this issue. Code Enforcement has been notified and will work with Toyota to insure that the required number of employee parking spaces is provided within the dealership. Cm. Nassar asked about the concerns raised by the property owner of Dublin Station. Ms. Wagner stated the property owner of Dublin Station is taking issue to the storage lot because he does not feel there is adequate parking on the existing lot. Cm. Nassar asked if the storage area would be available for employee parking. Ms. Wagner stated the storage lot is proposed for cars before they ready to be sold on the dealership lot. Ms. Ram said Dublin Toyota has had trouble finding a spot to store their cars. Staff has been working with them for the past year to help them find a permanent location for their vehicles. Cm. Nassar asked which dealership asked for a storage lot that the Planning Commission denied. Ms. Ram stated that to her knowledge it was Crown Chevrolet. Cm. Fasulkey asked if Toyota is parking on Bancor's property. Ms. Wagner said they are not parking on the Bancor site. Cm. Fasulkey apologized to Ms. Wagner for the Planning Commission asking questions before she finished her presentation. Ms. Wagner said in closing, Dublin Toyota has been working with Staff to find an appropriate location for storage of used vehicles. The request before the Planning Commission is to permit a vehicle storage lot on an undeveloped lot within an industrial zone that would not be visible to public right of way. 195 /),,-i-i:-rf,;tJf/- }! Staff recommends approval of this conditional use permit subject to the conditions of approval provided in Attachment 1. The applicant is familiar with these conditions and is present to answer questions regarding this item. She concluded her presentation and was available for questions. Cm. King asked about the requirement of slats in the fence. Ms. Wagner explained the slats are a fabricated material that fit between the chain link fence so the cars are not visible from the street. Cm. King asked if it was for aesthetic reasons. Ms. Wagner responded yes. Cm. Machtmes asked if this is a permanent solution the City is striving towards to house their own inventory. Ms. Wagner said this particular dealership has been looking for a site. For purposes for this lot, Staff believes it is a remedy for their storage. If a new dealership were to come into the City, the City would require storage on the site. Ms. Ram said if Toyota were to come in for a new Site Development Review, Staff would require a storage area. Cm. Machtmes asked how the City is encouraging dealerships to find permanent locations. Ms. Ram said the Code Enforcement Officer is encouraging the dealerships to find a permanent location and get permits. It started a year ago when dealerships were increasing their inventory but the cars were not moving. The Code Enforcement Officer have been chasing them from site to site. The Economic Development Director and the Code Enforcement Officer has met with the different dealerships to find a solution to the problem. Dublin Toyota has found a location that Staff believes is a good solution. Cm. Nassar asked how this project affects the overall area and future planning. Ms. Wagner responded the storage lot is not visible and the best solution for Dublin Toyota. It will not impact or have any adverse affects to the area or to future planning. Cm. Jennings asked if the permits are contingent upon the site improvements stated in the conditions. Ms. Wagner responded yes. Cm. King asked if the Police Department reviewed the project and had any comments. Ms. Wagner responded yes that the Police Department's only concern was for security measures and that the parking lot be lit and fenced. Ms. Ram said that Condition No.3 addresses Cm. Jennings question regarding permit requirements. Scott Anderson, Applicant, stated this is a great alternative. The trailers have been removed and most of the weeds are gone. The only thing they have objected to was the slats in the fence and would prefer to be able to see into the lot. Another concern is the requirement of having the gate locked at all times. 196 '}e,:-}-y~{r They will be moving cars in and out throughout the day but can lock it up at night. They are using it as a parking lot rather than a storage lot. They are parked there for a very short time. Cm. King asked Mr. Anderson why he did not like the idea of the slats in the fence. Mr. Anderson stated because of a visibility standpoint. They would like for the Police to be able to see in it at night as well. He explained that it is a Ca1 Trans right of way but they are hoping to get this site for a 50-year lease. Cm. Machtmes asked where are the cars currently parked. Mr. Anderson said on their lot. Cm. Machtmes asked why they need this space. Mr. Anderson stated they are outgrowing their lot. Cm. Jennings asked if they would be adding lights to what is already there. Mr. Anderson said there are currently no lights and will be adding new lights. Cm. Fasu1key asked about the employee parking issue. Mr. Anderson said that is the first they have heard about it. Mr. Plisskon, owner of Dublin Station, stated they built Dublin Station 26 years ago. He takes offense with the Applicant and stated they have met with them to discuss their employees parking. Since last year when they removed the red zones, the employees are parking in front of the dumpsters and the garbage is not getting picked up because of it. Cm. Fasu1key asked Mr. Plisskon, with the red zone removed, are the employees still parking in his lot. Mr. Plisskon responded yes. His concern is that they have grown over the years, and that they should put additional employee parking on their lot. He receives parking complaints from his tenants. Cm. Fasulkey asked if the dumpsters are serviced off the curb. Mr. Plisskon said yes. Cm. King stated he sympathizes with Mr. Plisskon's concerns. He asked in what manner would the storage lot make his problems worse. Mr. Plisskon said it would make it worse. They are outgrowing the space. He stated he should not have to deal with Dublin Toyota employees. When they expand they are going to take on more employees and will need more parking. Cm. Nassar asked Mr. P1isskon what was Mr. Anderson's response when speaks with him regarding the parking issue. Mr. Plisskon responded that they would take care of it. 197 .;-'.-p,- F_,(Y- ? '! "it Cm. Jennings asked whether the authorized parking spots for Dublin Station adequate for the tenants. Mr. Plisskon responded yes. Cm. Jennings asked if there were any additional spaces and if so would he consider renting those spaces. Mr. Plisskon said there are extra spaces but does not want to rent them out and does not want the liability. Cm. Fasulkey asked if there were any additional speakers or comments; hearing none he closed the public hearing. Cm. Jennings asked Staff their opinion about not having the slats in the fence. Ms. Wagner said the intention of the slats was to screen the vehicles. Being that the street does not have heavy traffic the Planning Commission may feel the slats are not necessary. It is not a requirement but it is appropriate for security measures. Cm. King said that a year ago, Dublin Theater proposed a little enclosed storage unit but the Police Department was against it being enclosed for security reasons. He is perplexed because the Police Department did not take the same position on this project. He is willing to forego the slats. Cm. Jennings asked if there is barbwire currently there. Ms. Wagner responded that there is barbwire along the east property line. Cm. Nassar asked if there is adequate parking for Dublin Toyota employees. Ms. Wagner explained that she spoke to a gentleman this morning about the employee parking. The Code Enforcement Officer went out to the site to verify there are employee parking spaces. To determine how many spaces Dublin Toyota is required to have, she reviewed their Site Development Review file, which indicates approval for 14 spaces. The parking requirements for dealerships are based on the size of the office area and the indoor and outdoor display as well as the area for service and it is not based on the number of employees. The larger lot to the south of the storage lot has over 60 spaces designated for customers and employees. Cm. Nassar asked if Staff believes the employee parking is sufficient. Ms. Wagner responded yes. Cm. Nassar asked why is there a parking issue if there is adequate parking. Ms. Wagner stated the idea of the number of employees fluctuating depends on the market and the number of cars selling may have something to do with it. It may be a convenience issue. It may be that the employees need to be educated to not park there. She stated that the Code Enforcement Officer suggested private parking signage and to enforce it via towing. Cm. Fasulkey reopened the public hearing. 198 " ''''C """ J_/ ;Ji Ed Cornelius, President of Dublin Toyota said this is the second time he has heard about the parking issue. He will inform the employees about the parking. They want to be a good member of the community and do not want to offend anyone or make anyone mad. Cm. Fasu1key asked if it possible that they are using employee space for stocking inventory. Mr. Cornelius said it is possible. The storage lot will definitely provide relief for parking. He explained that there is plenty of parking for their employees. He does not know why the employees are parking over there. There is employee parking on the lot, and there are spots on the street. He does not see it as a future problem. Cm. Jennings asked Mr. Cornelius how many employees he has. Mr. Cornelius said 105. Cm. Jennings stated there are 105 employees and only 7 spaces. Mr. Cornelius said there is street parking also. Many of the employees drive company cars, which are for sale. Cm. King asked if the storage lot is approved would it result in additional employees. Mr. Cornelius said absolutely not. Mr. Plisskin stated he does not understand how they are not aware of the parking issue. Cm. Fasu1key closed the public hearing. Cm. King said he does not like to hear these kinds of complaints. He would urge Staff to get to enforcement on this issue. He does not see how the proposal will change the parking. It will not result in additional employees. It looks like an appropriate step. Cm. Fasulkey stated that Condition 3 needs to have the balance of a sentence entered in. He asked the consensus of the Planning Commission about the slats in the fence. Cm. Jennings stated the lot should be screened. Cm. Nassar did not have a comment regarding the slats. Cm. Machtmes said he does not have an issue with the slats but has an issue with the use all together. This could result in additional cars. He does not want to encourage additional storage other than on their current lot. There are 105 employees with minimal parking. It could exasperate the problem. Cm. Fasulkey asked how many on street spaces are available. Ms. Wagner stated there are approximately 40 on street parking spaces. She stated that to her understanding the employees come in at least 2 shifts. Cm. Machtmes stated that the Conditional Use Permit should be tied to a standard that would prohibit the employees from parking in Dublin Station. 199 (,,'»-" ,.c.,c· " "}.c'J..<' Ms. Ram explained that could not be done. This is an application for a vehicle storage lot and does not relate to the Dublin Toyota site. Cm. Machtmes asked if Dublin Toyota were to agree to that is it something that could be implemented. Ms. Ram stated if they wished to amend their application, she is not certain if that is possible because they are two separate issues. Cm. King stated that one of the conditions states that the proposed use will not be injurious to the surrounding uses. With the information presented, the findings may not be met. He stated that the applicant is an important part of the community, but we also have someone who has been in business for a long time that owns Dublin Station. He suggested for something more concrete than what has been presented. Cm. Fasu1key suggested continuing the item for Staff to work with the Applicant on parking. Ms. Ram stated that the Code Enforcement Officer could contact Mr. P1isskin to lend some assistance. Mr. Plisskin's lot is posted with signage. She suggested that Mr. Plisskin start towing the vehicles and be consistent to help with the problem. Also the Applicant could send out a letter to the employees informing them of the situation. She explained that the Conditional Use Permit under review couldn't be tied to a parking issue because the storage lot does not have a parking requirement. Cm. Nassar stated that the Planning Commission should rely on Mr. Cornelius' word that the issue will be taken care of. Cm. Fasu1key stated he would feel better if we continued the item and get a better parking count. Cm. Jennings asked if that is under their jurisdiction. Cm. Fasu1key stated that under Item C (findings) it states that the project will not be injurious to property uses or improvements in the neighborhood, etc. He stated that in his mind it could be a positive case that Item C is in question. Cm. Jennings asked Cm. Fasulkey what are they asking to vote on. Cm. Fasulkey responded that he is asking the Planning Commission to not vote on it to allow Staff to do more research. Ms. Ram stated that the report will come back and tell you that there is not a connection between the approval for the storage lot and the existing parking issues that is going on between the two parties. Cm. Fasu1key stated he is having a hard time getting over that. He asked if there could be a condition that does not allow them to have over 105 employees. Ms. Ram responded no. There is no connection between the two sites. They have an approved Conditional Use Permit at the Pak & Save lot that was approved by this Planning Commission. They are moving the storage lot to a different location. Staff is not reviewing a Site Development Review for their existing site. The approval is for a Conditional Use Permit for an automobile storage lot. There is no nexus between the two. She suggested for the Planning Commission to work with the property owner and the Code Enforcement Officer to encourage Dublin Toyota to inform his employees of parking requirements. Each property owner has responsibility to police their own site and follow through with 200 '''(r;ff£'''/~' towing when required Cm. Nassar asked to have the public hearing reopened to ask Dublin Toyota how they plan to address the problem. Cm. Fasu1key reopened the public hearing. Mr. Cornelius stated this is the second time they have heard of the problem. He stated that now he is aware of the problem they will address the issue with the employees. He agreed with Staff to have the cars towed. Cm. Nassar asked Mr. Cornelius if he believes he can fix the problem. Mr. Cornelius responded yes. Cm. Nassar stated he will take his word for it. Mr. Cornelius stated that he will give Mr. Plisskin his business card and asked him to call when there is a problem. Mr. Plisskin stated they have posted on the property no parking. He still does not understand how they are not aware of the problem. Cm. King asked Mr. Plisskin what would satisfy him that the problem would be taken care of. Mr. Plisskin responded they need more employee parking. Cm. Fasu1key closed the public hearing and asked for a motion. Cm. King stated that he is not satisfied that the storage lot will not exasperate the problem. He would be satisfied if there was something in writing that would state the employees will not park in Dublin Station. Cm. Jennings stated that what is before the Planning Commission review is a Conditional Use Permit for an automobile storage lot. There is no nexus between the two sites. She stated that she is not sure if they have the authority or the right to bring this back because of Item C in the resolution. Item C has nothing to do with lack of communication between two property owners. She stated that what the Commission needs to consider is whether this is the best use for the site. Cm. Fasulkey stated he needs a motion. Cm. Jennings stated she is not in favor of the project. Cm. King asked Cm. Jennings why she is not in favor of the project. Cm. Jennings stated she is not in favor of the project and does not need to explain why. Cm. Machtmes asked Staff whether the Conditional Use Permit could be amended to allow approval of storing vehicles for one year. 201 ~ )i<-,~::,i)'1i,t~- J ¡ Ms. Ram stated yes, that the applicant would have to amend their application to request approval for one year. Staff could not condition it. Ms. Wagner stated that Staff could come back before the Planning Comrrùssion in six months to a year to report whether the storage lot has impacted the street parking and parking for Dublin Station if approved. She stated that the Planning Comrrùssion can act on it as the highest and best use of the property and make the findings as proposed by Staff. Staff including Code Enforcement has not been aware of the parking issue in Dublin Station. Ms. Ram suggested for the Planning Comrrùssion to continue the item so that Dublin Toyota to come back with an amended application for one year time period with the possibility of an extension. The Planning Comrrùssion agreed to continue the item to the first meeting in January 2005. Ms. Ram asked the Applicant if that would work for them. Mr. Cornelius responded no. He said to forget about the application and left the Planning Comrrùssion meeting. Ms. Ram suggested continuing the item to a date uncertain. The Planning Comrrùssion agreed to continue the item to a date uncertain. 8.4 P A 04-053 Custom Trucks Unlimited - Conditional Use Permit. This is a request to operate an automotive part and service business within an existing industrial building with a parking reduction for shared parking in the M-1 (Light Industrial) Zone located at 6303 Sierra Court, Dublin. Cm. Fasu1key opened the public hearing and asked for the staff report. Ms. Wagner, Associate Planner presented the staff report and advised the Planning Comrrùssion of the project. The conditional use permit request is to operate a vehicle service facility at 6303 Sierra Court. The property is located in an industrial neighborhood and is zoned M-1. The subject property consists of a 25,000 square foot office/ industrial building that is configured into 6 tenant spaces and was constructed in 1971. The property has always been zoned M-1; however, in 1972 Alameda County approved conditional use permit number 2452 which allowed both office and light industrial uses on this site. Being that conditional use permits run with the land, this permit has attracted a variety of land uses to this property. The current tenant make up includes a religious assembly, professional offices, storage and warehouse and now the possibility an auto service business. The Applicant, Jack Berube of Custom Trucks Unlimited, requests approval of this conditional use permit to operate an auto service business within an existing 6,618 square foot tenant space. Custom Trucks Unlimited specializes in installation of after market truck accessories. It should be noted that Custom Trucks is not an auto repair facility. The type of auto service proposed includes installation of bed liners and lift and lowering kits on individually owned trucks. The Applicant does not propose any exterior modifications to the building. All work would be conducted in doors and no outdoor storage of vehicles would be permitted. The proposed auto service use is subject to the approval of this conditional use permit and compliance with the City's parking ordinance. Because the Code required parking for this complex exceeds the current supply of 41 parking spaces - this request includes a parking reduction for individual use. The Zoning Ordinance allows a parking reduction for individual 202 },-,f'-/, ~h',·r'}.,' DUBLIN œJTOYOTA 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 thery--are two old trailers and some wooden racks on the lot. it is al$Û in a state of decay as the weeds, shrubs and trees have not been attended to for a very long time; the cyclone fence is in need of a substantial repair; and the trailers and wood racks are very decrepit. We would like to be able to use this lot to park some of our used vehicles. We anticipate being able to comfortably park 30 to 40 vehicles on this lot once Caltrans removes the trailers and we eradicate all weeds, shrubs etc. Additionally we intend to repair the fence as required and install barbed wire at the top of the fence to prevent vandalism. We will conduct no business on this location. The lot will not be used to repair, wash, detail or sell vehicles. Responses to questions asked on CUP application: a. We are going to park 30 to 40 used vehicles on this vacant lot. b. This will have no effect on the number of employees. c. The lot will remain chained unless vehicles are being moved on or off the lot. d. This activity does not target a specific segment of the community. e. This use has little or no effect on the community. f. This use will not disrupt any of the surrounding businesses. g. This use will have no negative effects on the health or safety of people residing or working in the vicinity. h. This use will have no negative impacts on property, transportation systems, or existing improvements in the neighborhood. I. This site is ¡;:~ substance site. . ATtACHMENT; 6450 DUBLIN COURT · DUBLIN. CA 94568 · 925 829-7700 · FAX 925 829-9025 www.dublintoyota.com :~b-cRE- ] ..,.-" U rJ I -;-GO j¿e¡v'\A-G5 1 ~ " 0 'i: ( " \¡j '<:' ~ IlJ ~"'I o J ;: .' 1j r;¡ \ :\- , L ~::; I Teo.1 L!S( _ Þ ß e' Ret>'\.~vq,Q C:A<., T.v."", TI<A7 '-""'-- _ I Ì" t$G KI;'''''Qv'::-~ L é ]A-~B@) t", ,1'é-2 j 'J~ f" J 9 D P.?C'7 ---) ~ . [l bU.ßLtt0 c..o 0 IC"Í (\( w+_ s VJ í1- Çf ~HMENT 4 "'7~ ~ ---;:- ~;:;:;;;;;;- \ ~ -' . I "C...,T1 L("~, ~ \~ \J\?¡ ~ .. <'r: ¡,::¡ ~+e .s '1' v '4~ax) <j Ci ~ '\ ~ I¿<rVC-¡-¡;SD .!... j2.&--''f"kc; VJ S YG1'1C-Lr:!¡ (1- CJ "" D,q..:z\32ù I ¡ , r f ~ß< t.J, ¡t~. a- vGT·nC e-c;..{ J YG-1"t"Jc....LC[" iO VEri'c..u::r It & -;; V0-rTc:..t-~ " 'Ò~( vetf' c...u.-~ ~ q Y6-Hc-L~J d q:o ÆGT þ \ \ ]) L1.ßLI rJ C-DÙ "-""\ ~JC.-,.,G- Fo,,- tiS- ý,!3.fnc.<-GJ- ~ ~(S-Ó ~ O(~.:~ '" ...,,, ATTACHMENT ,~ ZOOI2l [6L09 ON nIlX.L] LT:n G3M £00Zl6T110 City of Dublin Planning Department 100 Civic Plaza Dublin, Ca. 94568 Attention: Charity Wagner RE: PA 04-048 Dublin Toyota CUP Charity, On behalf of Dublin Toyota I'd like to thank you for keeping our agenda item on the January 25 Planning Commission meeting. To recap our conversation regarding the issues between Dublin Station and Dublin Toyota: I met with Larry Plisskin and Michael Madden of Dublin Station to identify the issues and what steps could be taken to satisfy their interests. Two issues seemed to be most important. Parking of Dublin Toyota employees at Dublin Station: We agreed that ongoing education of Dublin Toyota employees was needed to solve the problem. It was agreed that Dublin Toyota will take the following steps; a) once a year a parking policy will be distributed to Toyota employees, and b) the parking policy will be made a part of any employee manual at Dublin Toyota. Garbage collection at Dublin Station: It seems that there is a few times where cars are parked on Dublin Court. This prevents garbage collection, causing an inconvenience to Dublin Station tenants. I researched this with Waste Management and found the following: There is garbage pickup every business day. The trucks run by Dublin Court on their fIrst run, typically between 3AM and 4 AM. Sometimes pickup can run as late as 5 AM but that is rare. The drivers believe that commuters sometimes use the Dublin Court location as a drop off/pickup. The cars move daily and are seen infrequently. The drivers also said that there have been a few instances where cars are parked on Dublin Court for several days in a row. Dublin Police were contacted by the drivers to arrange a towing. Waste Management was infonned that the CHP uses Dublin Court as a ATTACHMENT (; ZOO 121 H3.LN38 SOH ô3H .L.LVÀH CLL£LCLZOZ1 XVd LZ:91 £0/61/10 1:00 ~ [6L09 ON Xll/XJ,] L 1: ZT G3A\ £00Z/61110 drop off for disabled vehicles on the 580-680 interchange. This happens very infrequently but does occur. A solution to the commuter problem may be to post a sign along the north side of Dublin Court stating "No Parking from 2AM to 6AM Monday-Friday for refuse collection", In order to offer a solution to this problem, Dublin Toyota will pay for the sign installation. I realize that these issues are separate from the Conditional Use Permit Application for the vehicle storage lot but are very important to the Dublin Station property owners. If these recommendations cou]d be part of the record I believe that it will satisfy all of the parties and bring a win-win solution and closure. The only other issue is Condition #8 which specifies interwoven slats to the chain link fence. We would prefer that the slats be removed as a condition. We feel that the slats cuts down on visibility and makes safety/security patrol more difficult. Thank you for your efforts and please contact me with any questions or clarifications. I may be reached at 925-828-3337. Sincerely, 4A.~ Applicant, representing Dublin Toyota I:OO~ ll3J,N3J SOS ~3ll J,J,VÀH I:LL£LI:LZOZ1 XVd SZ:91 £0/61/10 Jan-19-05 09:45A DEER RIDGE MGT. 925 484 2279 P.Ol Dublin Station. I) .0. Box 1358 Plcasantoll, CA 94566 (925) 484-3833 19 January 2005 Guy, In response to your Jetter I am hereby wÜhdrawingrny opposition and noW support Dublin Toyot<ì vehicle :-;torage lot In retulll, Dublìn Toyota agrees to annually distribute a parking policy to employees and will make the parking policy pun of t!H.' employee manual. Also if the City of Dublin approves signs fÒr refu.se collection, Dublin Toyota will pay for all expcnse¡.:; related to sign installation. I am glad thm we could come to a reso! utíon to the parking; prob1cms. Thank you f() , your assistance:. .-' Sincerely, ,"",''''--''\! .."..->.., .~ "",' . v" .ì ...___ .l ~. / t 11 // LaÞty Plisskin, Managing Pa¡1ner Dublin Sta.tion 01119/2005 WED 11:04 [TX/RX NO 6078] 141001