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HomeMy WebLinkAboutAttachmt 2 Reso Recommd CC Appv Rezone RESOLUTION NO. 07-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A REZONE FROM C-N, NEIGHBORHOOD COMMERCIAL TO C-2, GENERAL COMMERCIAL FOR THE ALCOST A SHELL SERVICE STATION AT 8999 SAN RAMON ROAD APN 941-0164-001-07 and 941-0164-003-02 P A 06-013 WHEREAS, the Applicant, Kathy Kotulak-Hemmen of C&J Cox Corporation, on behalf of the property owners Carl A. and Jan A. Cox of Cox-Tracy, Inc., has requested approval of a Rezone to allow for the establishment of a new mini-mart and car wash in conjunction with the Alcosta Shell Service Station reconstruction/remodel at the southeast comer of San Ramon Road and A1costa Boulevard; and WHEREAS, the site is currently zoned C-N, Neighborhood Commercial and does not allow for the establishment of a mini-mart or car wash; and WHEREAS, the Applicant is requesting the site be rezoned to C-2, General Commercial which allows for the establishment of a mini-mart in conjunction with a service station and also allows the establishment of a car wash with approval of a Conditional Use Permit; and WHEREAS, a complete application was submitted and is available and on file in the Community Development Department; and WHEREAS, the application also includes a request for a Conditional Use Permit and Site Development Review for the expansion/remodel of an existing service station which would include a new mini-mart, automated car wash and canopy structure over six new fuel dispensers located on a 23,747 square foot site (the "Project"); and WHEREAS, in accordance with Section 15063 of the California Environmental Quality Act (CEQA), an Initial Study was prepared to determine whether the Project as a whole would have a significant effect on the environment; and WHEREAS, based on the Initial Study it was determined that the Project would not have a significant effect on the environment therefore a Negative Declaration has been prepared; and WHEREAS, the Negative Declaration, dated June 6, 2006 ("Draft ND"), was circulated for public review and comment June 6, 2006 to June 26, 1006 (20 days) during which time no comments were received by the public; and WHEREAS, the Negative Declaration is hereby incorporated by reference and is attached as Exhibit A of Attachment 1 to the April 24, 2007 Planning Commission Agenda Statement; and WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public hearing on said application on November 28, 2006 and continued the hearing to a date uncertain, directing the Applicant to address the Planning Commission's concerns regarding the design of the project; and 10f3 ATTACHMENT 2 WHEREAS, the Planning Commission held a public hearing on said application on April 24, 2007; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend City Council approval of the Rezone; and WHEREAS, the Planning Commission did hear and use its 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 make the following findings and determinations regarding the Rezone request: 1. The Project meets the purpose and intent of Chapter 8.24 of the Zoning Ordinance in that: it will provide the continued use and reconstruction/remodel of the existing service station along major transportation corridors (1-680) and intersections (San Ramon Road @ Alcosta Boulevard). 2. The Alcosta Shell Service Station Remodel/Expansion project will modernize the outdated service station to meet the current needs and demands of the general public. 3. Additional landscaping will be installed throughout the site as part of the project which will enhance the appearance of the structures from the street and adjacent properties. 4. Since the project site is located along the border of the Cities of Dublin and San Ramon, the expansion of the existing service station will provide employment opportunities for existing and future residents of the City and those of adjacent communities. 5. The proposed amendment would be harmonious and compatible with existing and potential development in surrounding areas in that: 1) the existing use as a service station would remain the same; and 2) the proposed reconstruction/expansion of the existing service station will remain consistent with the surrounding commercial and residential development. 6. The subject site is physically suitable for the type, intensity of the zoning district being proposed in that: 1) the existing and proposed use types are the same, with the exception of the addition of a mini-mart; 2) all of the components of the project are appropriate for the project site; and 3) the service station, including the mini-mart and carwash conforms to the General Plan land use and density requirements for Retail/Office. 7. The proposed amendment will not adversely affect the health or safety if persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare, in that: 1) the proposed modifications to the existing service station will be required to comply with all current building, fire and safety codes; and 2) the use will not change from the existing use. 8. The proposed amendment is consistent with the Dublin General Plan, which designates the property as Retail/Office. 200 BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance approving the Rezone request for PA 06-013, the Alcosta Shell Service Station reconstruction/expansion project, and make all required findings. PASSED, APPROVED AND ADOPTED this 24th day of April 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Planning Manager 3of3 ORDINANCE NO. XX - 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A REZONE FOR THE ALCOSTA SHELL SERVICE STATION PROPERTY LOCATED AT 8999 SAN RAMON ROAD FROM C-N, NEIGHBORHOOD COMMERCIAL TO C-2, GENERAL COMMERCIAL PA 06-013 The City Council of the City of Dublin does ordain as follows: SECTION 1: FINDINGS A. Pursuant to Sections 8.24.010 and 8.24.020.D of the Dublin Municipal Code, the City Council finds as follows: 1. The Project meets the purpose and intent of Chapter 8.24 of the Zoning Ordinance in that it will provide the continued use and reconstruction/expansion of the existing service station along major transportation corridors (1-680) and intersections (San Ramon Road @ Alcosta Boulevard). 2. The Alcosta Shell Service Station Remodel/Expansion project will modernize the outdated service station to meet the current needs and demands of the general public. 3. Additional landscaping will be installed throughout the site as part of the project which will enhance the appearance of the structures from the street and adjacent properties. 4. Since the project site is located along the border of the Cities of Dublin and San Ramon, the expansion of the existing service station will provide employment opportunities for existing and future residents of the City and those of adjacent communities. B. Pursuant to Sections 8.120.050.A and 8.12.050.B of the Dublin Municipal Code, the City Council finds as follows: 1. The proposed amendment would be harmonious and compatible with existing and potential development in surrounding areas in that: 1) the existing use as a service station would remain the same; and 2) the proposed reconstruction/expansion of the existing service station will remain consistent with the surrounding commercial and residential development. 2. The subject site is physically suitable for the type, intensity of the zoning district being proposed in that: 1) the existing and proposed use types are the same, with the exception of the addition of a mini-mart; 2) all of the components of the project are appropriate for the project site; and 3) the service station, including the mini-mart and carwash conforms to the General Plan land use and density requirements for Retail/Office. 3. The proposed amendment will not adversely affect the health or safety if persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare, in that: 1) the proposed modifications to the existing service station will be required to comply with all current building, fire and safety codes; and 2) the use will not change from the existing use. 10f3 Exhibit A 4. The proposed amendment is consistent with the Dublin General Plan, which designates the property as Retail/Office. C. Pursuant to the California Environmental Quality Act, the City Council certified a Negative Declaration for the Project on May 15,2007, incorporated herein by reference. SECTION 2. MAP OF THE PROPERTY Pursuant to Chapter 8.120, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the following property ("the Property") from C-N (Neighborhood Commercial) to a C-2 (General Commercial) Zoning District: An approximately 23,747 square foot site located at 8999 San Ramon Road, east of San Ramon Road, south of Alcosta Boulevard and north and west of the San Ramon Village Shopping Center and Willow's Residential Development. (APN: 941-0164-001-07 and 941- 0164-003-02). A map of the rezoning area is shown below: Vicinity Map 20f3 SECTION 3. APPROVAL The regulations for the use, development, improvement, and maintenance of the Property are set forth in the Chapter 8.24 of the City of Dublin Municipal Code (Dublin Zoning Ordinance), Commercial Zoning Districts. SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 5th day of June, 2007, by the following votes AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: City Clerk 30f3