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HomeMy WebLinkAboutPC Reso 89-046 PA 89-063 Chevron Service Station/ Convenience mart RESOLUTION NO. 89 - 046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-063 CHEVRON SERVICE STATION/CONVENIENCE MART CONDITIONAL USE PERMIT/SITE DEVELOPMENT REVIEW - SIGNS, 7007 SAN RAMON ROAD WHEREAS, Robert H. Lee & Associates Civil Engineers (Applicant) and Chevron, USA (Owners) request approval of a Conditional Use Permit to allow service station/convenience store and Site Development Review for new signs at 7007 San Ramon Road; 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, the Planning Commission held a public hearing on said application on August 7, 1989; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declaration has been adopted (Planning Commission Resolution No. 89-045) for this project as it will have no significant effect on the environment; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission heard and considered 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 provides for the public need to provide 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 of the building are compatible when compared to the type and nature of operations typically found in retail business district areas and the uses currently in operation in the immediate vicinity. c. The uses 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 retail business district. e. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and Downtown Specific Plan. f. All provisions of Section 8-95.0 through 8-95.8, Site Development Review of the Zoning Ordinance, are complied with. g. Consistent with Section 8-95.0, this project will promote orderly, attractive, and harmonious development, recognize environmental limitations on development; stabilize land values and investments; and -1- promote the general welfare by preventing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards set forth in the Zoning Ordinance and which are not consistent with their environmental setting. h. The approval of the project as conditioned is in the best interest of the public health, safety and general welfare. i. General site considerations, including site layout, orientation, and the location of buildings, vehicular access, circulation and parking, setbacks, height, public safety and similar elements have been designed to provide a desirable environment for the development. j. General architectural considerations, as modified by the Conditions of Approval, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of adjacent buildings and uses. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby conditionally approve said Conditional Use Permit/Site Development Review application as shown by materials labeled Exhibit A (Site Plan and Elevations dated received July 28, 1989) attached and on file with the Dublin Planning Department, subject to the following conditions: 1. General conditions of the convenience food store - Type A service station shall be as generally depicted on the site and floor plans and as described by the Applicant's written statement, collectively submitted with the application and dated received August 1, 1989. All plans shall be subject to final review and approval by the Planning Director prior to the issuance of a building permit and shall be subject to the conditions listed below. 2. This Conditional Use Permit approval shall be valid for a period of three (3) years until August 17, 1992, at which time the Applicant may request an administrative extension for an additional two (2) years from the Planning Director provided such written request is made prior to the permit expiration date and upon determination that the conditions are being complied with and remain adequate to ensure that the stated findings will continue to be met. 3. The Applicant shall submit a site plan, elevations, and a landscape and irrigation plan prepared and signed by an architect, a landscape architect, or a licensed civil engineer prior to issuance of building permits. Said plans shall be subject to Planning Director's review and approval. 4. 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. 5. All signs established at this site shall be as shown on Exhibit A. Any modification shall be subject to the provisions of the City Sign Ordinance. 6. A minimum of one 40-gallon all-weather trash can shall be provided in front of the Food Mart. 7. A minimum of eight (8) on-site parking spaces shall be provided. Continuous concrete curbing is required for all parking stalls. All parking spaces shall be double striped. 8. The Applicant shall eliminate both existing driveway cuts nearest to the Dublin Boulevard/San Ramon Road intersection and construct public improvements along Dublin Boulevard and San Ramon Road consistent with the Dublin Boulevard Specific Plan Study as shown on Exhibit A, as submitted by the Applicant, and is subject to review and approval of the Dublin City Engineer. -2- 9. The Applicant shall comply with the City of Dublin Site Development review Standard Conditions (Attachment 3) and the City of Dublin Police Services Standard Commercial Building Security Recommendations (Attachment 4). ARCHAEOLOGY 10. If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. ARCHITECTURAL 11. Exterior colors and materials, particularly the architectural trimwork, for the new structure shall be subject to final review and approval by the Planning Director. All ducts, meters, air conditioning equipment, and other mechanical equipment on the structure shall be effectively screened from view with materials architecturally compatible with the main structure subject to review and approval of the Planning Director. DRAINAGE 12. A grading, drainage, and improvement plan shall be prepared by the Applicant and shall be submitted for review and approval by the City Engineer. 13. Roof drains shall empty into approved dissipating devices. Roof water, or other concentrated drainage, shall not be directed onto adjacent properties, sidewalks, or driveways. 14. Where storm water flows against a curb, a curb with gutter shall be used. The flow line of all asphalt paved areas carrying waters shall be slurry sealed at least three feet on either side of the center of the swale. 15. Downspouts shall drain through the curbs of the concrete walks around buildings. DEBRIS/DUST/CONSTRUCTION ACTIVITY 16. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Applicant shall keep adjoining public streets free and clean of project dirt, mud, and materials during the construction period. The Applicant shall be responsible for corrective measures at no expense to the City of Dublin. Areas undergoing grading, and all other construction activities, shall be watered, or other dust-palliative measures used, to prevent dust, as conditions warrant. FIRE PROTECTION 17. The Applicant shall comply with all applicable DRFA Fire Department requirements, including, but not limited to: a. The Applicant shall remove all existing underground tanks prior to commencing operation of the use. b. Fire extinguishers shall be located within a travel distance of 75 feet. These extinguishers shall be of a 2A-10BC type. c. DRFA Fire Department shall be notified prior to removal of underground tanks. DRFA Fire Department shall be present at removal of said tanks. 18. Prior to issuance of building permits, the Applicant shall supply written confirmation that the requirements of the DRFA Fire Department have been, or will be, met. -3- GRADING 19. Grading shall be completed in compliance with the construction grading plans and the soil engineering recommendations as established by a Soil and Foundation Study prepared for this project (subject to review and approval by the City Engineer). The report shall discuss the compaction of soil under the proposed structures. 20. A comprehensive geologic and soils report shall be prepared by a licensed geologist, identifying any geologic or soils hazard zones, appropriate mitigation measures and other recommendations. 21. The minimum uniform street gradient shall be 1.0 percent. Parking lots shall have a minimum gradient of 1.0 percent, and a maximum gradient of 5.0 per cent. No cut or fill slopes shall exceed 2:1, unless approved by the project's Soils Engineer and reviewed and approved by the Public Works Director/City Engineer. Slopes shall be graded so that there is both horizontal and vertical slope variation, where visible from public areas, in order to create or maintain a natural appearance. 22. Grading shall be completed in compliance with the construction grading plans and recommendations of the Project Soils Engineer and/or Engineering Geologist, and the approved erosion and sedimentation control plan, and shall be done under the supervision of the Project Soils Engineer and/or Engineering Geologist, who shall, upon its completion, submit a declaration to the Public Works Director/City Engineer that all work was done in accordance with the recommendations contained in the soils and geologic investigation reports and the approved plans and specifications. 23. Any grading on adjacent properties will require written approval of those property owners affected. 24. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the Public Works Official. SITE PLANS AND GRADING PLANS 25. Obtain copies of and comply with conditions as noted on "City of Dublin General Notes on Improvement Plans" and "City of Dublin Improvement Plan Review Check List". 26. All improvements within the public right-of-way, including curb gutter, sidewalks, driveways, paving, and utilities, must be constructed in accordance with approved standards and/or plans and may be constructed only after an encroachment permit has been issued. 27. Complete site plans and grading plans shall be submitted to, and be approved by, the Public Works Director/City Engineer and other affected agencies having jurisdiction over public improvements, prior to issuance of the grading or encroachment permit. Plans shall show the existing and proposed improvements, both on-site and along adjacent public street(s), and property that relate to the proposed improvements. IMPROVEMENT PLANS, AGREEMENTS, AND SECURITIES 28. The parking and driveway surfacing shall be asphalt and concrete paving. The project's Soils Engineer's structural pavement design shall be subject to review and approval by the City Engineer. 29. The Applicant shall enter into an Improvement Agreement with the City for any public improvements. Complete improvement plans, specifications, and calculations shall be submitted to, and reviewed by, the City Engineer and other affected agencies having jurisdiction over public improvements prior to execution of the Improvement Agreement. All required securities, in an amount equal to 100% of the approved estimates of construction costs of improvements, and a labor and material security, equal to 50% of the construction costs, shall be submitted to and approved by, the City and affected agencies having jurisdiction over public improvements, prior to execution of the Improvement Agreement. -4- 30. An encroachment permit shall be obtained from the City Engineer for any work done within the public right-of-way where this work is not covered under the improvement plans. 31. A grading, drainage, and improvement plan shall be submitted to the City Engineer for review and approval. 32. The existing concrete gutters at the back of sidewalk, catch basins, and pipes through the curb shall be cleaned, repaired, or replaced as necessary to function properly as required by the City Engineer. 33. Prior to issuance of the encroachment permit, a cash bond or surety bond shall be provided and approved by the Public Works Director/City Engineer to guarantee the property installation of public improvements. 34. Prior to release of the bond posted on encroachment permit, all improvements shall be installed as per the approved plans and all required landscaping shall be installed and established. PUBLIC IMPROVEMENTS 35. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. LANDSCAPING AND IRRIGATION PLANS 36. A detailed Landscape and Irrigation Plan (at 1 inch = 20 feet or larger), along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Planning Director. Landscape and Irrigation Plans shall be prepared and signed by a licensed landscape architect. 37. Landscape Plans shall indicate the general plant pallette with description of plant type, growth rate, and container size at planting. 38. The Developer/Owner shall sign and submit a copy of the City of Dublin Landscape Maintenance Agreement (Attachment 5). 39. Planting and Maintenance Specifications shall be prepared and submitted to the Planning Director for review and approval. 40. Landscaping at driveways and at the intersection of Dublin Boulevard and San Ramon Road shall be such that sight distance is not obstructed. Except for trees, landscaping shall not be higher than 30" above the curb in these areas. STREET TREES 41. Street trees, of at least a 15-gallon size, shall be planted along the street frontages. Trees shall be planted in accordance with a planting plan, including tree varieties and locations, approved by the Public Works Director/City Engineer. Trees planted within, or adjacent to, sidewalks shall be provided with root shields. LIGHTING 42. Exterior lighting shall be of a design and placement so as not to cause glare onto San Ramon Road or Dublin Boulevard or onto adjoining properties. Lighting used after daylight hours shall be adequate to provide for security needs. Photometrics and lighting plan for the site shall be submitted to the Planning Department and the Dublin Police Services for review and approval prior to the issuance of building permits FRONTAGE IMPROVEMENTS 43. Dedication of land shall be made to the City of Dublin such that it conveys land sufficient for the approved streets' right-of-way. Improvements shall be made, by the applicant, along all streets within -5- the development and as required off-site, to include curb, gutter, sidewalk, paving, drainage, and work on the existing paving, if necessary, from a structural or grade continuity standpoint. FUTURE CONFORMANCE 44. The design and improvements of the development shall be in conformance with the design and improvements indicated graphically, or as modified by the Conditions of Approval. The improvements and design shall include street locations, grades, alignments, and widths, the design and storm drainage facilities inside and outside the development property, grading of lots, the boundaries of the development property, and shall show compliance with City standards for roadways. NOISE 45. Construction and grading operations shall be limited to weekdays (Monday through Friday) and the hours from 7:30 a.m. to 5:30 p.m., except as approved in writing by the Public Works Director/City Engineer. PERMITS 46. Commercial/industrial property within the City of Dublin generally requires a grading and/or encroachment permit. A grading permit is required to review and inspect on-site improvements, typically involving, but not limited to, grading, drainage, and public access. An encroachment permit is required for all work done in the public right- of-way. STREETS 47. The street surfacing shall be asphalt concrete paving. The Public Works Director/City Engineer shall review the project's Soils Engineer's structural pavement design. The subdivider shall, at his sole expense, make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the Public Works Director/City Engineer. The Developer's soils engineer shall determine a preliminary structural design of the road bed. After rough grading has been completed, the developer shall have soil tests performed to determine the final design of the road bed. In lieu of these soil tests, the road may be designed and constructed based on an R-value of 5. MISCELLANEOUS 48. The Applicant shall comply with all applicable building code requirements, including Title 24 relating to handicapped parking requirements. 49. The detailed design, placement, and construction materials of the on-site trash enclosure area shall be subject to review and approval by the Livermore-Dublin Disposal Service and the Planning Department prior to the issuance of building permits. Concrete apron pads in front of each trash enclosure area shall be supplied with the design and location of the aprons subject to review and approval by the Planning Department and the Livermore-Dublin Disposal Service. 50. All improvements shall be installed as per the approved landscaping and irrigation plans and the drainage and grading plans prior to the release of occupancy of the new structure. 51. The Applicant shall secure all applicable building and demolition permits from the City Building Department prior to commencing work on the site. 52. The Applicant shall submit a demolition plan for the existing service station, to the Alameda County Health Care Services Hazardous Materials Program for review and approval. Said plan shall include removal of the underground tanks, lab analysis of soils under the tanks, and a plan for correction if the soil under the tanks is found to be contaminated. Plans for installation of any underground fuel tanks shall be reviewed and approved by the Alameda County Hazardous Materials Program office prior to installation. -6- 53. Prior to the issuance of building or demolition permits, the Applicant shall supply written confirmation that the requirements of the Alameda County Health Care Services Hazardous Materials Program have been or will be met. 54. This approval supersedes all other conditional use permits approvals for the site. 55. The Conditional Use Permit shall be void if any of the terms or conditions of approval are violated. Any violation of the terms or conditions of the permit shall be subject to citations. 56. This permit shall be revocable for cause in accordance with Section 8- 90-3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 7th day of August, 1989. AYES: NOES: ABSENT: P anning Commission Chairpers ATTEST: Plannin Direct.© -7- n n - 'i