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HomeMy WebLinkAboutPC Reso 90-064 PA 90-066 Denying Chevron permit RESOLUTION NO. 90 - 064 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING PA 90-066 CHEVRON CONDITIONAL USE PERMIT/ SITE DEVELOPMENT REVIEW AT 5933 DOUGHERTY ROAD WHEREAS, William T. Scudder, on behalf of Chevron USA Inc., filed a Conditional Use Permit and Site Development Review application to construct and operate a gasoline service station, food mart and car wash facility at 5933 Dougherty Road; and WHEREAS, the Planning Commission did hold a public hearing on said application on November 5 and 19, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed by the City in accordance with the provisions of the California Environmental Quality Act (CEQA) and has determined that CEQA does not apply to this project pursuant to Section 15270 of the State CEQA guidelines; and WHEREAS, the Staff Report was submitted recommending that the application be denied without prejudice; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed project is inconsistent with the City's General Plan land use designation for the site; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. The service station facility is not required by and will not serve the public need in that there are currently 14 service stations in the City of Dublin, whereas, before 1982, 20 service stations were in existence. The number of service stations has been decreasing over time. B. The use will not be properly related to other land uses, transportation and service facilities in the immediate vicinity which are consistent with the General Plan, as the proposed use is not consistent with the General Plan land use designation for the site, which is Business Park/Industrial: Outdoor Storage. C. The use will have a detrimental effect on the health and safety of persons residing or working in the vicinity, will be materially detrimental to the public welfare and will be injurious to property or improvements in the neighborhood due to the existence of two service stations in the immediate vicinity which utilize and dispense gasoline and other gasoline products - 1 - which are highly inflammable and explosive in nature. An additional service station would increase the risks of upset. D. The use is contrary to the specific intent clauses and performance standards established for the district in which it is to be located, as the proposed use is not consistent with the City's General Plan land use designation for the project site, which is Business Park/Industrial: Outdoor Storage. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny without prejudice Conditional Use Permit application PA 90-066 Chevron Conditional Use Permit/Site Development Review and does hereby recommend that the City Council authorize the initiation of a General Plan Amendment and Specific Plan Study for the Scarlett Court area. PASSED, APPROVED AND ADOPTED this 19th day of November, 1990. AYES: Commissioners Barnes, Burnham and Zika NOES: None ABSENT: None ABSTAINED:Commissioner Springer °')11/&71 Planning Commissi Chairperson ATTEST: Planning Directo - 2 -