HomeMy WebLinkAbout05-026 Motopsycho CUP
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: July 26, 2005
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
PROJECT DESCRIPTION:
PUBLIC HEARING - (Adjudicatory Action) PA 05-026
Motopsycho Conditional Use Permit for the sales and service of
motorized scooters within an existing retail store located at 7108
Dublin Boulevard
Report prepared by: Marnie R. Nuccio, Associate Planner; and Kimberly
Tam, Planning Intern A-
1.
Resolution approving a Conditional Use Pennit for the sales
and service of motorized scooters within an existing retail
store located at 7108 Dublin Boulevard
Applicant's Written Statement
Project Plans (including Vicinity Map)
Photograph of the Milano 125cc scooter
2.
3.
4.
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 a Conditional
Use Pennit for the sales and service of motorized scooters
within an existing retail store located at 7108 Dublin
Boulevard
The Applicant, Jef Roberts of Architectural Consulting Services, on behalf of Motopsycho, is requesting
the approval of a Conditional Use Pennit to convert a 120 square foot portion of the Motopsycho retail
space into a display and sales area for motorized scooters. The Motopsycho tenant space is located within
the Dublin Crossroads Plaza shopping center at the southeast comer of Dublin Boulevard and Village
Parkway.
The Dublin Crossroads Plaza is approximately 2.92 acres in size and houses approximately ±28,475
square feet of retail establishments and ±4,082 square feet of eating and drinking establishments. The site
is located near the junction of 1-580 and 1-680 (See Attachment 3). Office buildings, commercial
buildings, and restaurants surround the site.
The current tenant space is 2,101 square feet, and is divided into two uses: 1,694 square feet of retail
space and 407 square feet for a partslinstallation/light service area. The proposed use will convert 120
square feet from the display of motorcycle and scooter accessories to the display of the motorized scooters
themselves and the 407 square foot service area will not change (See Attachment 3). The proposed change
in use is detailed below:
COPIES TO: Applicant
Property Owner
In house distribution
ITEM NO. ~ I~
G:\P A#\200S\OS-026 Motopsycho CUP\Motopsycho StafT Report MRNdoc
Use Current Proposed
Retail sales of accessories, etc. 1,694 s.f. 1,574 s.f.
Partslinstallation/light service area 407 s.f. 407 s.f.
Motorized scooter sales and display area - 120 s.f.
Total size of tenant space 2,101 s.f. 2,101 s.f.
ANALYSIS:
Conformance with General Plan and Zoning:
Motopsycho is located within the Dublin Crossroads Plaza shopping center. The General Plan land use
designation for the property is Retail/Office and the Zoning District is C-2 (General Commercial).
The C-2, General Commercial Zoning on the property pennits ambulance services, automobile/vehicle
brokerage, automobile/vehicle rentals, automobile/vehicle repairs and service, eating and drinking
establishments, health clinics, financial services, office uses, personal services, and retail uses. The
display and sales of motorized scooters is not included under any of these pennitted use types.
Staff has concluded that the display and sales of motorized scooters falls under the Zoning Ordinance's
definition of Automobile/Vehicle Sales and Service, which identifies "...establishments, such as full-
service automobile dealers, which sell and service as an accessory use, automobiles, trucks, recreational
vehicles, boats and trailers, and other vehicles determined to be substantially similar to the above as
determined by the Direct of Community Development." The Applicant proposes to display and sell
motorized scooters such as the Milano 125cc (See Attachment 4). Staffrecognizes a motorized vehicle as
a type of automobile, as it runs on an engine and requires a Class M2 license to operate.
Staff finds that the project is consistent with the C-2 Zoning District and Dublin General Plan because the
project is compatible with the existing zoning and General Plan land use designation (with an approved
Conditional Use Pennit) in that the proposed use is a retail business that does not generate any nuisances
to surrounding properties or the City as a whole.
Use Restrictions
As described in the Applicant's Written Statement (Attachment 2), the proposed hours of operation for the
business are Monday through Friday from 10am-7pm, Saturdays from 10am-6pm, and closed on Sundays
(Condition of Approval No. 10). The 407 square foot partslinstallation/light service area will continue to
be used in conjunction with the light servicing of motorized scooters and will continue to be absent of
noise, odors, and hazardous wastes. Light servicing of these motorized scooters will be limited to the
exchange of parts and vehicle maintenance not involving open flame, welding, or fuel dispensing
(Condition of Approval No. 13).
Surrounding businesses will not be affected by any noise or odors as test rides of the motorized scooters
will not be pennitted (Condition of Approval No. 12) and noise levels will be kept to a minimum
(Condition of Approval No. 14).
Parking
The Off-Street Parking and Loading Regulations contained within the Dublin Zoning Ordinance establish
the parking requirements for automobile/vehicle sales and service and retail uses. The following parking
requirements apply to the Motorized Scooter Sales and Service establishment as proposed:
2
USE SQUARE FEET PARKING NO. OF
REQUIREMENT SPACES
Retail sales of accessories, etc. 1,574 1 per 300 square feet 5 spaces
P arts/install ati 0 n/li gh t servIce 407 1 per 400 square feet of 1 space
area repair space
Motorized scooter sales and 120 1 per 1,000 square feet of 1 space
display area indoor display area
TOTAL 7 spaces
If the 2,101 square foot tenant space were used entirely for retail sales, as would be likely given the other
uses in the center, the parking requirement (at 1 parking space required per 300 square feet) would also be
seven (7) spaces. Therefore, the parking required for the Motorized Scooter Sales and Service
Establishment as proposed does not require any parking in excess of the retail commercial parking
standard, which is the current standard at the site.
Conditional Use Permit findings
The proposed use will not negatively affect surrounding businesses or public health, safety, and welfare as
test rides of the motorized scooters will not be pennitted and any vehicle work perfonned will be minimal
and limited to the exchange of parts and vehicle maintenance not involving open flame, welding, or fuel
dispensing. The use would not impact property, transportation systems, or improvements to the
neighborhood, as no changes to the site are needed to accommodate the use. Additionally, Staff has
proposed Conditions of Approval as part of this Conditional Use Pennit that will ensure the proposed use
would not have negative impacts on surrounding businesses and users.
ENVIRONMENTAL REVIEW:
This project has been found to be Categorically Exempt under Section 15303 of the California
Environmental Quality Act (CEQA) Guidelines. Class 3 consists of the conversion of a portion of an
existing store not involving the use of significant amounts of hazardous substances and not exceeding
2,500 square feet in floor area.
CONCLUSION:
The proposed conversion of retail space into automobile/vehicle sales and service space would be
consistent with the General Plan and the C-2 (General Commercial) Zoning District in which it is located
and will be an appropriate use for the site.
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) Close public hearing and deliberate; and 4) Adopt
Resolution (Attachment 1) approving a Conditional Use Pennit for the sales and service of motorized
scooters within an existing retail store located at 7108 Dublin Boulevard.
3
GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL
NUMBER:
GENERAL PLAN
DESIGNATION:
ZONING:
JefRoberts, on behalf of Motopsycho
Architectural Consulting Services
5960 Stoneridge Drive #205
P1easanton, CA 94588
Ellwood Commercial Real Estate
c/o Patrick Ellwood
1345 Grand Avenue #101
Peidmont, CA 94610
7108 Dublin Boulevard
941-94-1401-022
Retail/Office
C-2 (General Commercial)
4
RESOLUTION NO. -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE SALES
AND SERVICE OF MOTORIZED SCOOTERS WITHIN AN EXISTING RETAIL STORE
LOCATED AT 7108 DUBLIN BOULEVARD
PA 05-026 (APN 94-1401-022)
WHEREAS, Jef Roberts of Architectural Consulting Service, on behalf of Motopsycho, is
requesting the approval of a Conditional Use Pennit to allow the sales and service of motorized scooters
within an existing retail store located at 7108 Dublin Boulevard; and
WHEREAS, an Vehicle Sales and Service Establishment is a use that is conditionally pennitted
in a M-l (Light Industrial) Zoning District; and
WHEREAS, the General Plan land use designation for the project site is RetaiVOffice; and
WHEREAS, the parcel is currently occupied by a shopping center with retail and eating/drinking
establishments; and
WHEREAS, the Applicant proposes to convert 120 square feet of the retail square footage of the
Motopsycho tenant space to sales and display space; and
WHEREAS, Conditions of Approval recommended for the project will ensure that the project is
compatible with surrounding uses and tenants; and
WHEREAS, the Applicant has submitted project plans dated received Apri128, 2005; and
WHEREAS, a complete application for the above noted entitlement request is available and on
file in the Community Development Department; and
WHEREAS, the application has been reviewed in accordance with the provIsIOns of the
California Environmental Quality Act (CEQA) and has been found to be Categorically Exempt under
Section 15303, Class 3 as a minor portion ofthe existing use is being converted; and
WHEREAS, a Staff Report was submitted recommending that the application for a Conditional
Use Pennit be conditionally approved; and
WHEREAS, the Planning Commission held a public hearing on said application on July 26,
2005; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony herein above set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission
does hereby find that:
AttACHMENT I
A. The proposed use, as conditioned, is compatible with other land uses, transportation and service
facilities in the vicinity, as the sales and service of automobiles, including motorized scooters, is
pennitted and compatible with the surrounding general commercial uses.
B. The proposed use, as conditioned, 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, as all
automotive display and sales activities will be conducted within the tenant space and no test rides
of motorized scooters will be pennitted.
C. The proposed use, as conditioned, will not be injurious to property or improvements in the
neighborhood, as the 407 square foot partslinstallation/light service area will continue to be used
in conjunction with the light servicing of motorized scooters and will continue to be absent of
noise, odors, and hazardous wastes and will be limited to the exchange of parts and vehicle
maintenance not involving open flame, welding, or fuel dispensing.
D. There are adequate provisions for public access, water, sanitation, and public utilities and services
to ensure that the proposed use and related structures would not be detrimental to the public
health, safety, and welfare, as the conversion of a portion of the existing retail space into a display
and sales area does not require additional public services.
E. The subject site is physically suitable for the type, density and intensity of the use being proposed,
as the existing use of the tenant space specializes in retail sales of motorcycle parts and accessories
and does not require any additional parking spaces than if the space were to be used solely for
retail sales.
F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development
regulations, or perfonnance standards established for the C-2 Zoning District in which it is
located, as conditions of approval have been applied to the project to ensure on-going
compatibility with surrounding land uses.
G. The proposed use, as conditioned, is consistent with the Dublin General Plan, as it is compatible
with the Retail/Office land use designation.
BE IT FURTHER RESOL VED THAT THE Dublin Planning Commission does hereby
approve P A 05-026 Motopsycho Conditional Use Pennit application as generally depicted by the
Applicant's Written Statement and Project Plans (Attachments 2 and 3 to the Staff Report), stamped
approved and on file with the Dublin Planning Division of the Community Development Department,
subject to 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
[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 - CONDITIONAL USE PERMIT
1. Approval. This Conditional Use Pennit approval for PA 05- PL On-going Planning
026 allows the display and sales of motorized scooters within
approximately 120 square feet and the light servIcmg of
motorized scooters within approximately 407 square feet of an
existing 2,101 square foot retail space located at 7108 Dublin
Boulevard and further identified as APN 941-1401-022.
2. Permit Expiration. Approved use shall commence within PL On-going DMC
one (1) year of CUP approval, or the CUP shall lapse and 8.96.020.D
become null and void. Commencement of use means the
actual use pursuant to the pennit approval, or, demonstrating
substantial progress toward commencing such use. If there is a
dispute as to whether the Pennit has expired, the City may
hold a noticed public hearing to detennine the matter. Such a
detennination may be processed concurrently with revocation
proceedings in appropriate circumstances. If a CUP expires, a
new application must be made and processed according to the
requirements of the Dublin Zoning Ordinance.
3. Continued Use. This Conditional Use Pennit approval shall PL On-going Planning
become null and void in the event the approved uses cease to
operate for a continuous one-year period.
4. Time Extension. The original approving decision-maker may, PL On-going DMC
upon the Applicant's written request for an extension of 8.96.020.E
approval prior to expiration, and upon the detennination that
any Conditions of Approval remain adequate to assure that
applicable findings of approval will continue to be met, grant a
time extension of approval for a period not to exceed six (6)
months. All time extension requests shall be noticed and a
public hearing or public meeting shall be held as required by
the particular pennit.
5. Annual Review. On an annual basis, this Conditional Use PL,PO On-going Planning
Pennit approval may be subject to a review by the Planning
Manager to detennine compliance with the Conditions of
Approval.
6. Revocation. This pennit shall be revocable for cause m PL On-going DMC
accordance with Dublin Zoning Ordinance Section 8.96.020.1, 8.96.020.1
Revocation. Any violation of the tenns of the tenns and
conditions of this pennit may be subject to the issuance of a
citation.
7. Modifications. Modifications or changes to this Conditional PL On-going DMC
Use Pennit approval may be considered by the Community 8.104.100
Development Director if the modifications or changes
proposed comply with Section 8.1 04.1 00 of the Zoning
Ordinance.
PROJECT SPECIFIC - CONDITIONAL USE PERMIT
8. Use Type Conducted Entirely Within the Building. At no PL Display DMC
time shall any merchandise be displayed outside of the 8.24.020.0/
building without prior review and approval of a Temporary DMC
Use Pennit. 8.108.020.1
9. Window Sign age. Signs, advertisements, and other displays PL On-going DMC
3
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
shall not cover or obscure more than 25% of window area. 8.84.050.W
10. Operational Hours. The hours of operation for the business PL On-going
are Monday through Friday from 10am-7pm, Saturdays from
10am-6pm, and closed on Sundays
11. Temporary Promotional Sign age. Prior to the display of any PL Display DMC
temporary signs, including banners, a Temporary Promotional 8.84.050.T
Sign Permit must be applied for and approved.
12. Test Rides. Test rides of motorized scooters shall not be PL On-going Planning
permitted on the premises.
13. Light Service. Motorized scooter service and repair shall only PL On-going Planning
include partslinstallationllight service and will continue to be
absent of noise, odors, and hazardous wastes. Light servicing
of motorized scooters will be limited to the exchange of parts
and vehicle maintenance not involving open flame, welding, or
fuel dispensing any other heavy industrial work that may cause
harm to the property or threaten the health, safety, and welfare
of the public.
14. Noise. Noise levels outside the tenant space (in the parking lot PL On-going Planning
and near the rear service area) must be kept at a minimum.
Motorized scooters in the parking lot or rear service area that
emit disruptive noise to surrounding tenants must be turned
off. No scooters may be turned on inside the tenant space.
15. Sign Permits. Permits must be applied for and obtained in PL,B Installation DMC
reference to any relocation or addition of signs. 8.84.110
BUILDING DIVISION
16. Building Codes and Ordinances. All project construction B Through Building
shall conform to all building codes and ordinances in effect at completion
the time of building permit.
17. Building Permits. To apply for building permits, the B Issuance of Building
Applicant shall submit eight (8) sets of construction plans to Building
the Building Division for plan check. Each set of plans shall Permits
have attached an annotated copy of these Conditions of
Approval. The notations shall clearly indicate how all
Conditions of Approval will or have been complied with.
Construction plans will not be accepted without the annotated
resolutions attached to each set of plans. The
applicant/developer will be responsible for obtaining the
approvals of all participation non-City agencies prior to the
issuance of building permits.
18. Construction Drawings. Construction plans shall be fully B Issuance of Building
dimensioned (including building elevations) accurately drawn Building
(depicting all existing and proposed conditions on site), and Permits
prepared and signed by a California licensed Architect or
Engineer. All structural calculations shall be prepared and
signed by a California licensed Architect or Engineer. The site
plan, landscape plan and details shall be consistent with each
other.
FIRE PREVENTION DIVISION
19. Change of Use. The occupancy for a vehicle showroom is F Establishment Fire
"B." Submit plans to the Building Department for the change of the use
of use.
4
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
20. Auto Servicing. No cutting, welding, open flame or draining F On-going Fire
of fuel tanks shall be done in the building.
21. Hazardous Materials. At the building permit stage, provide F Issuance of Fire
infonnation on the location and quantities of any hazardous Building
materials, including any tanks. An inventory statement (HMIS) Permits or
for any/all hazardous materials, including Material Safety Data Prior to any
Sheets, shall be supplied to the Alameda County Fire storage of
Department, City of Dublin, Fire prevention Division, for hazardous
approval of process/ storage/handl ing requirements. In materials on-
addition, meet the requirements of the Alameda County site
Department of Environmental Health Certified Unified
Program Agency (CUP A), including submitting a Hazardous
Materials Business Plan (HMBP). F or more information,
please contact Susan L. Hugo, Supervising Hazardous
Materials Specialist Alameda County Environmental Services
at (510) 567-6780. (CFC 2001, Section 8001.3.3).
22. Fire Codes. The project shall comply with Uniform Building F On-going Fire
and Fire Codes as adopted by the City of Dublin.
PASSED, APPROVED AND ADOPTED this 26th day of July 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Planning Manager
G:\P A#\2005\05-026 Motopsycho CUP\Motopsycho reso.doc
5
Written Statement for the City Of Dublin application submittal requirements for a Conditional Use permit
to allow sales and light service of motorized scooters at the existing "Motopsycho" store located at 7108
Dublin Blvd.
a. What type of business, activity or use are you proposing?
The activity proposed is the display and sale of motorized scooters at the existing
"Motopsycho" retail motorcycle accessory sales and light service store. For the
purpose of this suhmittal statement "light service" shall be defined as where work is
limited to the exchange of parts and maintenance requiring no open flame or
welding, or fuel dispensing stations.
b. How many employees will you have or propose to have?
The maximum number of employees for the sales and service operation of the
facility shall be no more than three.
c. What are the proposed hours and days of operation?
...,~ 00
The days and hours of operation are: Monday through Friday 10:00 to ~nd
Saturday and Sunday fi:g1R HhQQ.. '198.
\ 0 - v G\..V';;.G"O
d. Will your business, activity or use target a specific segment of the community?
There is no specifically targeted segment of the community.
e. In what ways will your business, activity or use benefit the community?
The community shall benefit from the business of scooter sales and light service by
providing an option for scooter users and buyers to take advantage of a local outlet
that will bring business to the area.
f Are there any ways in which your business, activity or use may disrupt the
peace of the surrounding residents or businesses?
There will be no disruption of the peace of the surrounding residents or businesses
by the sales and light service of scooters from the existing "Motopsycho" store. Test
rides wiIJ not be permitted.
g. Will your business, activity or use have any negative impacts on the health or safety of people
residing or working in the vicinity?
There wiJI be no negative impacts on the health or safety of the people residing or
working in the vicinity of the activity and use of the "Motopsycho" store sales and
service of scooters. Test rides will not be permitted.
h. Will your business, activity or use create any negative impacts on the property, transportation
systems, or existing improvements in the neighborhood?
No negative impacts shall be created by the sales and service of
scooters at the "Motopsycho" store facility.
1. Is the proposed project located on a hazardous waste and substances site (pursuant to Government
Code Section 65962.5)?
The proposed project is not located on a hazardous waste and substances site
(pursuant to Government Code Section 65962.5~ECE'VED
APR 2 8 2005
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§£Qpe of Work
Apply for, and obtain a Conditional Use Permit
in order to convert 100 square feet of retail space
space for the sales of motorized scooters.
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Occupancy 8-3
Existing retail area - 1694 sq. ft.
Occupancy M
Total Floor Area - 2101 sq. ft.
Type of construction V-N
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"Corners" picture frame shop.
"Pavrizi Galleria" home furnishings.
"Plato's Closet" clothing store.
"Park Avenue Cleaners"
"Acclaim" print and copy center.
"Motopsycho" motorcycle accessory store.
"Radio Shack" electronics store.
"Quiznos" sandwich shop.
"Barber Shop" hair salon.
"Carls Jr." fast food restaurant
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Wheels in Motion - TN'G Scooters - Milano 125cc
Page 1 of 1
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TN'G Scooters - Milano 125cc - Specificatio
TN'G Scooters - Milano 12Scc - Specifications
Return to TN'G Scooter Menu
,,^2-
Width
Height
Wheelbase
Dry Weight
Engine Type
Displacement
Compression Ratio
Rated Power
Fuel Type Capacity
Ignition Type
Transmission
Front Brake
Rear Brake
Front Tire
Rear Tire
Starter Type
Warranty
26.9 in
43.7 in
50 in
222 Ibs
4 Stroke, Air Cooled
125cc
9:01
9 Hp
91 Octane/1.45 Gal
CD!
CVT
Disc
Drum
3.5 x 10
3.5 x 10
Electric & Kick
1 year parts/90 days labor
ATTACHMENT t.
http://whee1sinmotion.ws/Products/TN G/mi1ano 125cc.html
5/23/2005