HomeMy WebLinkAboutPC Reso05-45 Sales/Svc Scooters Motopsycho CUP
RESOLUTION NO. 05 - 45
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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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 Permit 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 permitted
in a M-I (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 April 28, 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 of the existing use is being converted; and
WHEREAS, a Staff Report was submitted recommending that the application for a Conditional
Use Permit 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:
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
permitted 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 permitted.
C. The proposed use, as conditioned, will not be injurious to property or improvements in the
neighborhood, as the 407 square foot parts/installation/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 performance 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 RetaiVOffice land use designation.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
approve PA 05-026 Motopsycho Conditional Use Permit 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 permits 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
rADMl Administration/Citv Attorney. rFINl Finance, rFl Alameda County Fire Department, rDSRSDl
Dublin San Ramon Services District, rCOl Alameda County Department of Environmental Health.
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
GENERAL - CONDITIONAL USE PERMIT
1. Approval. This Conditional Use Permit 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 servicing 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 (I) 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 permit approval, or, demonstrating
substantial progress toward commencing such use. Ifthere is a
dispute as to whether the Permit has expired, the City may
hold a noticed public hearing to determine the matter. Such a
determination 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 Permit 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 determination 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 permit.
5. Annual Review. On an annual basis, this Conditional Use PL,PO On-going Planning
Permit approval may be subject to a review by the Planning
Manager to determine compliance with the Conditions of
Approval.
6. Revocation. This permit shall be revocable for cause in PL On-going DMC
accordance with Dublin Zoning Ordinance Section 8.96.020.1, 8.96.020.1
Revocation. Any violation of the terms of the terms and
conditions of this permit may be subject to the issuance of a
citation.
7. Modifications. Modifications or changes to this Conditional PL On-going DMC
Use Permit approval may be considered by the Community 8.104.100
Development Director if the modifications or changes
proposed comply with Section 8.104.100 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.D/
building without prior review and approval of a Temporary DMC
Use Permit. 8.108.020.1
9. Window Sign age. Signs, advertisements, and other displays PL On-going DMC
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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 lOam-7pm, Saturdays from
IOam-6om, and closed on Sundays
11. Temporary Promotional Signage. 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 parts/installation/light 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,
fluid exchange, painting, or 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 tumed 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 silms. 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 Califomia 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
"E." Submit plans to the Building Department for the change of the use
of use.
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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
information 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/handling 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). For 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:
Chair Schaub, Cm. Biddle, Fasulkey, King, and Wehrenberg
NOES:
ABSENT:
ABSTAIN:
Py;::s;;¿ a... (
Planning Commission Chair
ATTEST:
PI~n~;:-
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