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HomeMy WebLinkAboutPC Reso 90-026 PA 90-015 BP Oil Company Service station/convenience mart/ car wash RESOLUTION NO. 90 - 026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-015 BP OIL COMPANY SERVICE STATION/CONVENIENCE MART/CAR WASH CONDITIONAL USE PERMIT AT 6400 DUBLIN BOULEVARD WHEREAS, Brian P. Duffy, on behalf of BP Oil Company, requests approval of a Conditional Use Permit and Site Development Review of a new service station with a 24 hour mini-market, automatic car wash, and signs to replace the existing service station located at 6400 Dublin Boulevard; and WHEREAS, Section 8-48.2 of the adopted City of Dublin Zoning Ordinance requires approval of a Conditional Use Permit for the operation of a Type A Service Station; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hold a public hearing on said application on June 4, 1990; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been adopted (Planning Commission Resolution No. 90-025) for this project as it will have no significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. Continued use of the existing Type A service station with the addition of a convenience market and automatic car wash provides for the public need by offering a range of services for the community. B. The uses will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed uses are compatible when compared to the type and nature of operations typically found in light industrial district areas and the uses currently in operation in the immediate vicinity. C. The use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. D. The uses will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located in that the use, as proposed, is the remodeling of the existing use for the site, and is consistent with the character of the surrounding area as well as the light industrial district. E. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 90-015 Conditional Use Permit application as shown by materials labeled Exhibit A (Site Plan, dated received May 1, 1990, Site Elevations and B.P. Bullnose Canopy Signage dated received February 22, 1990, prepared by B.P. Oil Company Retail Marketing Design and Engineering) on file with the Dublin Planning Department, subject to the approval of the related Site Development Review and to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building and grading permits and establishment of use, and shall be subject to Planning Department review and approval. 1. This approval is for a 24 hour self service gas station and market, and for an automatic car wash. 2. The Applicant/Property Owner shall be responsible for cleaning up and disposing of the market generated trash to maintain a clean litter free site. 3. No loudspeakers or amplified music shall be permitted outside the enclosed building. All activities associated with the food convenience store shall be conducted entirely within the enclosed building. 4. This approval supersedes all other conditional use permit approvals for the site. 5. This approval shall become null and void, in the event the approved use ceases to operate for a continuous one year period. 6. This permit shall be revocable for cause in accordance with Section 8- 90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this permit shall be subject to citation. -2- 7. On an annual basis, these uses shall be subject to Zoning Investigator review and determination as to compliance with the Conditions of Approval. PASSED, APPROVED AND ADOPTED this 4th day of June, 1990. AYES: Commissioners Barnes, Burnham, Okun and Zika NOES: None ABSENT: None itirt Plannin Cov6uiss ATTEST: g on Chairperson Jitt Planning Direct -3-