Use Permit for 1800 San Pablo (Auto California)
(Affirmed by the Berkeley City Council 7/16/97)
Conditions:
1.The operation and maintenance of the use shall comply with all applicable code and requirements of all regulatory agencies.
2. Design Review approval of this project is required, including any changes to building, signage, fencing and planting prior to the issuance of the building permit.
3. Trees, planting and required screening shall conform to the approved Design Review Plan and must be installed concurrent with exercising this use permit.
4. The applicant may maintain a maximum 10 foot wide exit-only driveway onto Delaware Street in the location shown on approved plans. A gate shall be installed at this exit to be opened by an electronic device.
5. Applicant shall post a sign at the Delaware exit stating that only right turns are permitted from this driveway. The applicant shall inform employees of this requirement and shall enforce this requirement with all employees.
6. There shall be no amplification of sound including speakers onto the parking lot.
7. Outdoor lighting will be screened away from residential uses.
8. Used for-sale autos and repaired autos shall not be test driven on residential streets.
9. There shall be no auto repair on the open lot; all auto repair shall occur inside the auto bays.
10. Auto detailing shall be limited to used car sales.
11. Hours of operation for both auto repair and used car sales shall be limited from 7:00 a.m. to 6:00 p.m. Monday through Saturday, closed Sunday.
12. Cars for repair or sale shall not be parked on the street (including but not limited to San Pablo Avenue and Delaware Street).
13. Public access sidewalks shall not be impeded at any time.
14. With the exception of smog testing, applicant shall not advertise "in-and-out" quick auto repair activities such as quick tune-ups and/or oil changes.
15. Applicant is responsible for instituting Best Management Practices for the Clean Water program to prevent contaminated runoff into the City's storm drains or any portion of a creek. Mitigation measures include but are not limited to requirements related to the handling and use of hazardous materials and petroleum products, development of procedures and regular employee training for regular maintenance as well as for handling emergencies and spills. (City monitors - Public Works Engineering; Toxics Management Division)
16. Applicant shall construct an 8 foot wooden or masonry fence along the west property line. The applicant shall secure an Administrative Use Permit to allow the fence to exceed 6 feet prior to construction and the fence shall be constructed prior to occupancy of the project. If neighbors object to the 8 foot fence, then the applicant shall construct a 6 foot fence. The fence area shall be landscaped, including a 4 foot wide planter strip containing 4-6 new shade trees, shrubs and vines. Appropriate irrigation shall be provided, subject to approval of the Zoning Officer. (City monitor - Design Review Planner)
17. A six foot chain-link fence shall be constructed along the northern property line (Delaware Street frontage) to the adjoining side property line of the adjacent residential parcel (except for the required electric gate). This fence shall be landscaped in such a manner as to provide long term screening of the auto use from homes on Delaware, and shall include appropriate irrigation, subject to approval of the Zoning Officer.
18. The used car lot shall include some shade trees and appropriate irrigation, with a goal of 25 percent canopy coverage, subject to approval of the Zoning Officer. (City monitor - Design Review Planner)
19. Applicant shall regularly inform all employees that cars cannot be test driven on any neighborhood streets, including but not limited to Delaware Street, Hearst Avenue and 10th Street. A sign shall be posted in a conspicuous location, visible to employees, reminding them of this requirement. Employees shall accompany customers of the used car use on test drives of vehicles and ensure that residential neighborhood streets are not used for any portion of such test drive.
20. Applicant shall submit revised site plans reflecting required changes, subject to the approval of Traffic Engineering and Design Review.
21. The Zoning Officer may require the installation of a concrete block wall or other noise attenuating devices along the north and west property lines if noise from outdoor auto sales or auto repair (interesting, given that outside repair is prohibited by condition 9 -mh) becomes a problem in the future, as determined by the Zoning Officer.
Additional City Council Conditions
22. There shall be no more than 30 motor vehicles for sale at any one time.
23. Non-operable motor vehicles shall not be retained on the parcel for more than two weeks, and used motor vehicles shall not be retained for the purpose of scavenging parts.
24. Motor vehicles left for repair shall be repaired within two weeks or removed from the site.