HomeMy WebLinkAbout6.1 Alcosta Shell Station Rezone
SUBJECT:
ATTACHMENTS:
CITY CLERK
File # D~[3J[Q]-~[{i]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 15, 2007
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PUBLIC HEARING: P A 06-013 - Alcosta Shell Service Station
Rezone from C-N, Neighborhood Commercial to C-2, General
Commercial
Report prepared by Mamie R. Nuccio, Associate Planner
1)
Ordinance approving a Rezone for the A1costa Shell Service
Station property located at 8999 San Ramon Road from C-N,
Neighborhood Commercial to C-2, General Commercial.
Planning Commission Resolution No. 07-21 recommending
City Council approval of a rezone from C-N, Neighborhood
Commercial to C-2, General Commercial for the A1costa
Shell Service Station at 8999 San Ramon Road.
Planning Commission Resolution No. 07-20 certifying a
Negative Declaration for the A1costa Shell Service Station
project at 8999 San Ramon Road.
Planning Commission Resolution No. 07-22 approving a
Conditional Use Permit and Site Development Review for
the A1costa Shell Service Station expansion/reconstruction at
8999 San Ramon Road.
November 28, 2006 Planning Commission Agenda
Statement for a Rezone, Conditional Use Permit and Site
Development Review for a reconstruction/expansion of the
A1costa Shell Service Station, without attachments.
November 28, 2006 Planning Commission Meeting Minutes.
April 24, 2007 Planning Commission Agenda Statement for
a Rezone, Conditional Use Permit and Site Development
Review for a reconstruction/expansion of the A1costa Shell
Service Station, without attachments.
April 24, 2007 draft Planning Commission Meeting Minutes.
2)
3)
4)
5)
6)
7)
8)
RECOMMENDATION~A J>( 1) Open the public hearing;
/ \. t/v'~ 2) Receive Staff presentation;
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COPIES TO: Applicant, Property Owner
Rick Corbett, Matt Ford
In-House Distribution
Page 1 of3
ITEM NO. M
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4) Close public hearing and deliberate; and
5) Waive the reading and introduce an Ordinance (Attachment
1) approving a Rezone for the A1costa Shell Service Station
property located at 8999 San Ramon Road from C-N,
Neighborhood Commercial to C-2, General Commercial.
FINANCIAL STATEMENT:
None.
PROJECT DESCRIPTION:
Background
The A1costa Shell Service Station at 8999 San Ramon Road is located adjacent to the San Ramon Village
Plaza commercial center. The site is within a C-N, Neighborhood Commercial Zoning District and has a
Retail/Office General Plan land use designation. On August 27, 1969, the Alameda County Planning
Commission approved a Conditional Use Permit for the existing service station which has been in
operation since that time. Over the years, Shell Oil Company has obtained additional Conditional Use
Permits for the construction of a cashier booth, storage building, restrooms, and car wash. Although these
modifications have altered the service station's original layout, they have not changed the basic function of
the site as a service station.
On October 17, 1995 (P A 95-031) and again on August 8, 2000 (P A 00-005), the City of Dublin Planning
Commission approved development applications for the reconstruction and expansion of the service
station; neither project was ever constructed. In accordance with the Zoning Ordinance, if an approved
use or structure is not established within one year of the approval, the approval lapses and becomes null
and void. Both approvals under P A 95-031 and P A 00-005 lapsed.
Planning Commission Review of Current Application (PA 06-013)
On November 28, 2006, the Planning Commission reviewed the A1costa Shell Service Station Rezone,
Conditional Use Permit and Site Development Review for the reconstruction/expansion of the existing
service station. The reconstruction/expansion includes a new 2,162 square foot mini-mart; a 1,264 square
foot car wash; a 3,537 square foot canopy; six new fuel dispensers; a new covered trash enclosure;
landscaping; a retaining wall; and other associated site improvements (see Attachment 5). The Planning
Commission did not express any concerns regarding the rezone or parking but did have concerns with
respect to the architecture of the building and canopy (see Attachment 6). The Planning Commission
voted to continue the public hearing to a later date in order to give the Applicant the opportunity to modify
the architecture of the building and canopy.
On April 24, 2007, Staff returned to the Planning Commission with revised architecture for the building
and canopy. The architectural changes included, 1) modifying the mini-mart and carwash building to
include tower elements, a hip roof and a stone veneer base; 2) modifying the freestanding gas pump
canopy to include an asphalt tile roof to match the hip roofs on the mini-mart and carwash building; 3)
improving architectural detailing by including architectural elements on all four sides of the mini-mart and
carwash building; and 4) enhancing landscaping along A1costa Boulevard (see Attachment 7). These
architectural modifications enhanced the overall look of the Project and are more consistent with the
architecture for the adjacent San Ramon Village Plaza commercial remodel which is currently under
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construction. The Planning Commission voted unanimously to adopt Resolutions certifying the Negative
Declaration for the Project and approving the Conditional Use Permit and Site Development Review (see
Attachments 3 and 4, respectively).
ANALYSIS:
The C-N, Neighborhood Commercial zoning designation allows service stations as a conditional use, but
prohibits car washes or mini-marts. The existing car wash on-site was approved in 1981, prior to City
incorporation, and is considered legal non-conforming because the use and structure were permitted when
approved, but are now prohibited under current zoning. Under the legal non-conforming status, a
structure or use cannot be expanded or intensified. The proposed rezone to C-2, General Commercial
zoning would allow the existing structures to be rebuilt and the existing uses to be permitted through a
Conditional Use Permit process.
In a C-2, General Commercial Zoning District, Car Wash/Detailing is an allowed use subject to approval
of a Conditional Use Permit. Service Stations, and mini-marts combined with a service station, are also
allowed uses in the C-2 Zoning District with approval of a Conditional Use Permit.
In order for the property owner to modernize the existing service station, the property must be rezoned to
conform to the current zoning regulations. The process for reviewing and approving a rezone request is
through a recommendation by the Planning Commission to the City Council. The Planning Commission
reviewed the rezone request at the November 28, 2006 and April 24, 2007 meetings and voted 5-0-0
adopting a Resolution recommending City Council adoption of an Ordinance approving the rezone
(Attachment 2).
ENVIRONMENTAL REVIEW:
The project has been reviewed in accordance with the California Environmental Quality Act (CEQA). An
Initial Study of Environmental Review was completed on June 6, 2006. Based on the Initial Study
prepared for the project, it has been determined that project will not have a significant impact on the
environment; therefore, a Negative Declaration has been prepared. A public review period was held June
6,2006 to June 26, 2006 (20 days). During the public review period no comments were received on the
project. On April 24, 2007, the Planning Commission adopted a Resolution certifying the Negative
Declaration (Attachment 3).
CONCLUSION:
The proposed reconstruction and expansion of the A1costa Shell Service Station will be an improvement
to the existing service station. The new mini-mart, car wash, canopy, fuel dispensers, landscaping, and
other associated site improvements will enhance the image of the adjacent shopping center and residential
development. The proposed project, as conditioned, is consistent with the Dublin General Plan and the
proposed Zoning District in which the project site would be located and represents an appropriate project
for the site.
RECOMMENDATION:
Staff recommends that the City Council: 1) Open the public hearing; 2) Receive Staff presentation; 3)
Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; and 5) Waive
the reading and introduce an Ordinance (Attachment 1) approving a Rezone for the A1costa Shell Service
Station property located at 8999 San Ramon Road from C-N, Neighborhood Commercial to C-2, General
Commercial.
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ORDINANCE NO. XX - 07
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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
P A 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 ofthe 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 @ A1costa
Boulevard).
2. The A1costa 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.
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Attachment 1
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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
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SECTION 3. APPROVAL
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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, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 15th
day of May 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
City Clerk
G:\PA#\2006\06-013 Shell Gas Station Remodel\CC\CC ORD\FINAL - Rezone Ord.DOC
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RESOLUTION NO. 07 - 21
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 ALCOSTA
SHELL SERVICE STATION AT 8999 SAN RAMON ROAD
APN 941-0164-001-07 and 941-0164-003-02
PA 06-013
WHEREAS, the Applicant, Kathy Kotulak-Hemmen of C&J Cox Corporation, on behalf of the
property owners Carl A. and J an 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 A1costa Shell Service
Station reconstruction/remodel at the southeast corner 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 ofthe project; and
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Attachment 2
500 5'"
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.
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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:
Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson
NOES:
None
ABSENT: None
ABSTAIN: None
Planning Commission Chair
ATTEST:
Planning Manager
G:\P A#\2006\06-O 13 Shell Gas Station Remodel\PC\PC Reso Rezone.doc
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RESOLUTION NO. 07 - 20
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
CERTIFYING A NEGATIVE DECLARATION FOR THE ALCOSTA SHELL SERVICE
STATION PROJECT AT 8999 SAN RAMON ROAD
APN 941-0164-001-07 and 941-0164-003-02
PA 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,
Conditional Use Permit and Site Development Review for the reconstruction and remodel of an existing
service station which includes a new mini-mart, automated car wash and canopy structure over six new
fuel dispensers located on a 23,747 square foot site known as the Alcosta Shell Service Station at the
southeast corner of Alcosta Boulevard and San Ramon Road; and
WHEREAS, a complete application was submitted and is available and on file in the Community
Development Department; 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 attached as Exhibit A of this Resolution; and
WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public
hearing on said application on Apri124, 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 certify
the Negative Declaration; 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 Negative Declaration:
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Attachment 3
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A. The Dublin Planning Commission reviewed and considered the Negative Declaration
prior to approving the Project.
B. The Initial Study/Negative Declaration determined that the Project will not have a
significant effect on the environment. There is no substantial evidence in light of the
whole record before the City that the project will have a significant effect upon the
environment.
C. The Negative Declaration has been completed in compliance with CEQA, CEQA
Guidelines and the City of Dublin Environmental Guidelines.
D. The Negative Declaration is complete and adequate and reflects the City's independent
judgment and analysis as to the environmental effects of the proposed expansion/remodel
Project.
BE IT FURTHER RESOLVED that based on the above findings, the Planning Commission
hereby certifies the Negative Declaration for P A 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: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission Chair
ATTEST:
Planning Manager
G:\PA#\2006\06-013 Shell Gas Station Remodel\PC\PC Reso Neg Dec.DOC
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RESOLUTION NO. 07-22
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR
THE ALCOSTA SHELL SERVICE STATION RECONSTRUCTIONIEXPANSION AT
8999 SAN RAMON ROAD (APN 941-0164-001-07 and 941-0164-003-02)
PA 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 ofa Conditional Use
Permit and Site Development Review for the reconstruction and remodel of an existing service station
which would include a new mini-mart, automated car wash and canopy structure over six new fuel
dispensers (the "Project") on a 23,747 square foot site known as the Alcosta Shell Service Station at the
southeast corner of Alcosta Boulevard and San Ramon Road; and
WHEREAS, a complete application was submitted and is available and on file in the Community
Development Department; 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 ofthe Project; and
WHEREAS, the Applicant has submitted revised Project plans dated received April 6, 2007; and
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, the application also includes a request for a Rezone from C-N, Neighborhood
Commercial to C-2, General Commercial to allow for the establishment of the mini-mart and car wash;
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, at the April 24, 2007 Planning Commission meeting the Planning Commission
considered the Negative Declaration, Rezone, Conditional Use Permit and Site Development Review; and
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Attachment 4
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WHEREAS, approval of the Conditional Use Permit and Site Development Review is contingent
upon City Council certification ofthe Negative Declaration and City Council adoption of the Rezone; and
WHEREAS, the City Council will consider the Planning Commissions recommendation on the
Negative Declaration and Rezone at the May 15,2007 City Council meeting; and
WHEREAS, a Staff Report prepared for the April 24, 2007 Planning Commission hearing was
submitted recommending that the Conditional Use Permit and Site Development Review be conditionally
approved; 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 said proposed Conditional Use Permit:
A. The proposed service station reconstruction/expansion is compatible with other land uses,
transportation and service facilities in the vicinity, in that: 1) the proposed use will be
compatible with the existing use and to the type and nature of operations typically found in the
neighborhood; and 2) the General Plan land use designation for the area is Retail/Office,
which includes shopping centers, stores, restaurants, businesses and professional offices,
motels, service stations and the sale of auto parts.
B. The proposed uses, as conditioned, will not adversely affect the health or safety of 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 uses will not change from the
existing use.
C. The proposed uses, as conditioned, will not be injurious to property or improvements in the
neighborhood, in that: 1) the project is a reconstruction/expansion of an established service
station that has been located in the neighborhood for several decades; and 2) the
modernization of the existing service station will be more in keeping with the design
characteristics of the adjacent mixed-use development (San Ramon Village Plaza) currently
under construction.
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to the
public health, safety, and welfare, in that the site currently receives all public services and the
proposed reconstruction/expansion of the existing service station is not anticipated to require
a significant amount of additional services.
E. The subject site is physically suitable for the type, density and intensity of the use being
proposed, in that: 1) the existing and proposed use types are the same, with the exception of
the addition of a mini-mart; and 2) the project conforms to the General Plan land use and
density requirements for Retail/Office.
F. The proposed use, as conditioned, will not be contrary to the specific intent clauses,
development regulations, or performance standards established for the zoning district in which
it is located, in that: 1) the Zoning Ordinance allows car washes and service stations with
mini-marts as a conditional use in the C-2, General Commercial Zoning District; and 2)
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conditions of approval have been applied to the project to ensure on-going compatibility with
surrounding land uses.
G. The proposed use, as conditioned, is consistent with the Dublin General Plan, which
designates the land use of the property as Retail/Office.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Dublin does hereby make the following findings and determinations regarding said proposed Site
Development Review:
A. Approval of this application is consistent with the purpose and intent of this Chapter, in that:
1) the design and materials of the proposed mini-mart will be compatible with the adjacent
residential units and shopping center and with other buildings in the vicinity; and 2) the
project will comply with the City's development regulations and requirements.
B. Any approval complies with the policies of the General Plan, with any applicable Specific
Plans, with the development regulations or performance standards established for the zoning
district in which it is located, and with all other requirements of the Zoning Ordinance. A
request to rezone the property from C-N (Neighborhood Commercial) to C-2 (General
Commercial) has been submitted as part of the application in order to allow the mini-mart and
car wash expansion under the current Zoning Ordinance.
C. The approval will not adversely affect the health or safety of persons residing or working in
the vicinity, or be detrimental to the public health, safety and general welfare in that the
proposed use type as a service station will remain the same. The modernization of the existing
facility will conform to current building and safety codes and will, therefore, improve health,
safety and general welfare.
D. The approved site development, including site layout, structures, vehicular access, circulation
and parking, setbacks, height, walls, public safety and similar elements, has been designed to
provide a desirable environment for the development, in that: 1) as conditioned, the building
will meet current requirements of the Building and Fire Codes with respect to public safety,
circulation, parking and vehicular access; and 2) the mini-mart and automated carwash have
been situated on the site to optimize circulation, parking and vehicular access.
E. The subject site is physically suitable for the type and intensity of the approved development,
in that: 1) the site is currently developed as a service station and carwash, therefore, there will
be no change in land use, just an expansion of the existing use.
F. There will be no impact to views in that the proposed improvements will not detrimentally
change the visual character of the site because: 1) views of the site are limited to the immediate
area due to the location of the improvements, and the relatively flat topography of the site, as
well as the presence of surrounding development; and 2) the building will be less than 20 feet
in height, measured from the highest point, which is well below the maximum height allowed
in the C-2 zoning district.
G. There will be no impacts to existing slopes and topographic features, in that the proposed
service station expansion/remodel will occur on a site that is already developed.
H. Architectural considerations, 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
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incorporated into the project and as conditions of approval in order to insure compatibility of
this development with the development's design concept or theme and the character of
adjacent buildings, neighborhoods, and uses. The architectural design and materials of the
remodeled service station and car wash, including stucco finishes, columns, trim, storefront
system, metal canopies and the trash enclosure, will be more in keeping with the surrounding
development in the neighborhood than the outdated structures that currently exist.
I. Landscape considerations, including the location, type, size, color, texture and coverage of
plant materials, provisions and similar elements have been considered to ensure visual relief
and an attractive environment for the public, in that, as conditioned: 1) a preliminary
landscape plan was submitted as part of the application and includes a variety of species
along both project frontages and internal areas of the site; and 2) the final landscaping and
irrigation plans, which will address said landscaping considerations, will be required for
review and approval prior to issuance of the building permit.
J. The approval of this Site Development Review is consistent with the Dublin General Plan,
which designates the land use of the property as Retail/Office.
CONDITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use. and shall be subiect to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: rPL 1 Planning. rBl Building. [PO] Police. (PWl Public Works.
r ADMl Administration/City Attornev. rFINl Finance. rF] Alameda County Fire Department. (DSRSDl
Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health.
NDITION TE
PL
GENE
1. Permit Approval. This Conditional Use Permit
and Site Development Review approval is for the
expansion and reconstruction of the A1costa Shell
Service Station at 8999 San Ramon Road including
a new service station canopy and fuel pumps, mini-
mart, car wash and associated site improvements
(the "Project"). The Project shall generally conform
to the project plans submitted by C and J Cox
Corporation/RHL Design Group, Inc. dated received
April 6. 2007, on file in the Community
Development Department, and other plans, text, and
diagrams relating to this approval, unless modified
by the Conditions of Approval contained herein.
2. Final Approval. Approval of the Conditional Use
Permit and Site Development Review is contingent
upon the approval of the Rezone request by the City
Council. The approval of the Conditional Use
Permit and Site Development Review will not take
effect until the new zoning designation becomes
effective.
PL
Building Permit
Issuance
Planning
40f23
3. Permit Expiration and Time Extension.
Construction or use shall commence within one (1)
year of Permit approval or the Permit shall lapse and
become null and void. The original approving
decision-maker may grant a time extension for a
period no longer than six (6) months provided that
the Applicant submits a written request for an
extension prior to expiration of the Permit and a
determination can be made that all Conditions of
Approval remain adequate to assure that applicable
findings of approval will continue to be met.
4. Revocation. The Conditional Use Permit and Site
Development Review approval shall be revocable
for cause III accordance with Dublin Zoning
Ordinance Section 8.96.020.1, Revocation. Any
violation of the terms and conditions of this Permit
may be subject to the issuance of a citation.
5. Annotated Conditions of Approval. An annotated
copy of these Conditions of Approval (the official
signed version) shall be provided in conjunction
with all plan review submittals. Each condition
shall include an annotation which explains and
identifies by sheet number reference how each
condition has been satisfied. Submittals will not be
accepted without the annotated conditions.
6. Accessory/Temporary Structures. The use of any
accessory or temporary structures, such as storage
sheds or trailer/container units used for storage or
for any other purposes, shall be subject to review
and approval by the Community Development
Director.
7. Clean-up. The Applicant/Developer shall be
responsible for clean-up and disposal of project
related trash to maintain a safe, clean, and litter-free
site.
8. Controlling Activities. The Applicant! Developer
shall control all activities on the project site so as
not to create a nUIsance to the existing or
surrounding businesses and residences.
9. Property Maintenance. The Applicant! Developer
and Property Owner shall maintain the property in a
safe, clean, and litter-free condition at all times.
10. Trash and Waste Accumulation. The Applicant!
Tenant shall provide and conduct regular
maintenance of the site in order to eliminate and
control the accumulation of trash, excess waste
materials and debris.
11. Graffiti. The Applicant/Developer and Tenant!
50f23
PL
PL
PL
PL
PL
PL
PL
PL
PL,PO
One year from
date of approval
On-going
Building Permit
Submittal
Ongoing
Ongoing
Ongoing
On-going
Ongoing
On-going
I ~ Db S-~
DMC
8.96.020.D
andE
DMC
8.96.020.1
Planning
DMC
8.108
Planning
Planning
DMC 5.64
Planning
DMC 5.68
Property Owner shall keep the site clear of graffiti
vandalism on a regular and continuous basis at all
times. Graffiti shall be removed as soon as detected
and where practical graffiti resistant materials
should be used.
12. Nuisance. The Applicant/Tenant shall control all PL
business activity so as not to create a public or
private nuisance to the existing and surrounding
businesses and residents.
13. Noise. Loudspeakers shall be controlled at a low PL, PO
level as so not to create a public or private nuisance
to the existing and surrounding businesses and
residential neighborhoods. No amplified music shall
be allowed outside the enclosed buildings.
14. Temporary Promotional Banners and Balloons. PL
Temporary Promotional Banner Signs and Balloons
shall only .be permitted after first securing an
approved Temporary Promotional Sign Permit. All
temporary on-site signage shall be subject to the
sign regulations contained in the City of Dublin
Zoning Ordinance.
15. A-Frame Signs. The use of any A-Frame, portable, PL
sandwich-board, pennants, or human-held signs on
the premises is strictly prohibited. Said signs and
any form of off-site advertising signs shall also be
prohibited upon any public property, including City
streets and sidewalks.
16. Outdoor Events. Any outdoor activity shall be PL
subject to review and approval of a Temporary Use
Permit per the City of Dublin Zonin Ordinance.
IRa.~;F?SIECIFIC - C PE
17. Modifications - Conditional Use Permit (CUP).
Modifications or minor changes to the CUP
approval may be considered by the Community
Development Director if the modifications or
changes proposed comply with Section 8.100.080 of
the Zoning Ordinance.
18. Annual Review. On an annual basis, the PL, PO
Conditional Use Permit approval may be subject to a
review by the Community Development Director to
determine compliance with the Conditions of
Approval.
19. Approval Period. The Conditional Use Permit PL
approval shall be null and void in the event the
approved use fails to be established within one year
following the granting of occupancy or, if once
established, the use ceases to operate for a
continuous one-year period.
60f23
On-going
On-going
On-going
On-going
On-going
Ongoing
On-going
On-going
t tf~ 5lR
DMC
5.28.020
DMC 5.28
DMC
8.84.050
DMC
8.84.150
DMC
8.108.020
DMC
8.100.080
Planning
Planning
20. Hours of Operation. The approved hours of PL
operation are 24 hours a day, 7 days a week. The
Applicant/Tenant shall be responsible for ensuring
that activities III the parking lot and any nOIse
generated are controlled in a manner that minimizes
the impacts to surrounding businesses and residents.
21. Parking. The parking area shall be used in the PL
manner represented in project plans, written and
verbal statements and other documents, and as
stipulated in this Conditional Use Permit.
PROJECT SPE SITE DEVELOPMEl1l!i_lmEW
22. Modifications - Site Development Review (SDR). PL
Modifications or changes to this SDR approval may
be considered by the Community Development
Director if the modifications or changes proposed
comply with Section 8.104.100 of the Zoning
Ordinance.
23. Master Sign Program. No permanent signage is PL
approved as part of this CUP/SDR application. All
permanent signage is subject to review and approval
of a Master Sign Program prior to Issuance of
building permits.
24. Colors. The exterior paint colors of the buildings PL
are subject to City reVIew and approval. The
Applicant shall paint a portion of the building for
reVIew and approval by the Community
Development Director prior to painting the entire
structure.
25. Equipment Screening. All electrical and/or PL
mechanical equipment shall be screened from public
VIew. Any roof-mounted equipment shall be
completely screened from VIew by materials
architecturally compatible with the building and to
the satisfaction of the Community Development
Director. The Building Permit plans shall show the
location of all equipment and screening for review
and approval by the Community Development
Director.
26. Trash Enclosure/Garbage Area. The proposed PL, PW
trash enclosure shall be architecturally designed to
be compatible with the building. The enclosure shall
have a roof constructed of materials that are
architecturally compatible with the building. The
doors must be designed with self-closing gates that
can be locked closed and can also be held open with
pin locks during loading. All trash bins used for this
site shall be maintained within the trash bin
enclosure( s) at all times. An area drain shall be
70f23
On-going
On-going
Ongoing
Building Permit
Issuance
Occupancy
Building Permit
Issuance
Through
Completion/
Ongoing
Issuance of
Building Permit
\~ao 5~
Planning
Planning
DMC
8.104.1 00
DMC
8.84.150
Planning
Planning
Planning
and Public
Works
installed within the trash enclosure with a
connection to the sanitary sewer system. In addition,
a hose bib shall be provided for convenient wash-
down of the trash enclosure.
lA '.ING
27. Final Landscape and Irrigation Plans. Final
Landscape and Irrigation Plans prepared and
stamped by a State licensed landscape architect or
registered engineer shall be submitted for review
and approval by the Community Development
Director. These plans shall be coordinated with on-
site civil, streetlights, and utility improvement plans.
The final plans shall be signed Community
Development Director and the City Engineer. Plans
shall be generally consistent with the preliminary
landscape plan prepared by RHL Design Group,
received April 6. 2007, except as modified by the
Conditions listed below and as required by the
Community Development Director.
28. Plant Species. Plant species shall be selected
according to use, sun/shade location and space
available. The landscape plan should include plant
species that are not salt sensitive. Street trees shall
be high branching and produce minimal litter.
29. Slopes. The landscape plan shall address slopes
within the property, including erosion, maintenance
and irrigation issues. All slopes shall have a one-
foot level area at top and bottom of the slope for
maintenance.
30. Landscaping at Street/Drive Aisle Intersections.
Landscaping shall not obstruct the sight distance of
motorists, pedestrians or bicyclists. Except for trees,
landscaping (and/or landscape structures such as
walls) at drive aisle intersections shall not be taller
than 30 inches above the curb.
Landscaping shall be kept at a minimal height and
fullness giving patrol officers and the general public
surveillance capabilities of the area and reducing the
ability for persons to conceal themselves.
31. Photometric Plan/Lighting Requirements. The
Applicant/Developer shall prepare and submit a
Photometric Plan with the Final Landscape Plans for
review and approval in accordance with the Non
Residential Security Ordinance requirements and to
the satisfaction of the Community Development
Director, Dublin Police Services and the City
Engineer. The Plan shall show the foot candles
80f23
PL
PL
PL
PL,PO
PL,PW,
PO
Building Permit
Issuance
Building Permit
Issuance
Building Permit
Issuance
Building Permit
Issuance
and On-going
Building Permit
Issuance
\~Dt>5lP
DMC
8.72.030
Planning
Planning
Planning
and Police
Planning
provided by all light fixtures on the site. The design
and placement of lighting shall not cause glare on
adjoining properties, businesses, residences nor to
vehicular traffic. Lighting used after daylight hours
shall be adequate to provide for security needs.
All light fixtures are subject to review and approval
by the Community Development Director prior to
issuance of building permits. The style and finish of
the light fixtures shall be coordinated with the light
fixtures for the adjacent San Ramon Village
commercial center.
32. Street Lights and Trees. Maintain approximately PL, PO
15' clearance between streetlights and street trees.
Where such clearance IS not practical for design
considerations, trees shall be increased to 36" box
minimum to reduce the conflict between the lighting
and foliage.
33. Standard Plant Material, Irrigation and PL
Maintenance Agreement. The Applicant/
Developer shall complete and submit to the Dublin
Planning Department the Standard Plant Material,
Irrigation and Maintenance Agreement.
34. Plant Standards. All trees shall be 24" box PL
minimum, with at least 30% at 36" box or greater;
all shrubs shall be 5 gallon minimum.
35. Screening of Devices. The Landscape Plan shall PL, PW, F
show the location of all backflow prevention
devices, detector check valves, utility boxes and fire
sprinkler risers. The location and screening of these
devices shall be reviewed and approved by City
staff.
36. Root Barriers and Tree Staking. The landscape PL, PW
plans shall provide details showing that root barriers
and tree staking will be installed which meet current
City specifications.
37. Water Efficient Landscaping Ordinance. The PL
Applicant/Developer shall submit written
documentation to the Public Works Department (in
the form of a Landscape Documentation Package
and other required documents) that the development
conforms to the City's Water Efficient Landscaping
Ordinance.
R!IOHS AND CO"l{)NITY SE
38. Public Facilities Fee. The developer shall pay a
Public Facilities Fee in the amounts and at the times
set forth in City of Dublin Resolution No. 214-02,
PCS
90f23
Building Permit
Issuance
Building Permit
Issuance
Occupancy
Building Permit
Issuance
Building Permit
Issuance
Building Permit
Issuance
Per Reso.
214-02 or
subsequent
\1trb?w
Planning
DMC
8.72.050.B
Planning
Planning
Planning
DMC 8.88
Parks &
Community
Services
adopted by the City Council on November 19,2002,
or in the amounts and at the times set forth in any
resolution revising the amount of Public Facilities
Fee, as implemented by the Administrative
Guidelines adopted by Resolution 195-99.
BUILIIIN~nIVISION
39. Fees. The Applicant shall pay all applicable fees in B
effect at the time of building permit Issuance,
including, but not limited to, Planning Fees,
Building Fees, Dublin San Ramon Service District
fees, Public Facilities fees, Tri Valley
Transportation fees, Downtown Traffic Impact Fee,
Dublin Unified School District impact fees, City of
Dublin Fire Bureau fees, Noise Mitigation fees;
Inclusionary Housing in lieu fees, Alameda County
Flood and Water Conservation District (Zone 7)
Drainage and Water connection fees. When and if
applicable and customary, credits shall be applied
for existing improvements.
40. Building Codes and Ordinances. All project B
construction shall conform to all building codes and
ordinances in effect at the time of building permit.
41. Building Permits. To apply for building permits, B
Applicant/Developer shall submit eight (8) sets of
construction plans to the Building Division for plan
check. Each set of plans shall have attached an
annotated copy of these Conditions of Approval.
The notations shall clearly indicate how all
Conditions of Approval will or have been complied
with. Construction plans will not be accepted
without the annotated resolutions attached to each
set of plans. Applicant/ Developer will be
responsible for obtaining the approvals of all
participation non-City agencies prior to the issuance
of building permits.
42. Construction Drawings. Construction plans shall B
be fully dimensioned (including building
elevations) accurately drawn (depicting all existing
and proposed conditions on site), and prepared and
signed by a California licensed Architect or
Engineer. All structural calculations shall be
prepared and signed by a California licensed
Architect or Engineer. The site plan, landscape plan
and details shall be consistent with each other.
43. Addressing. Approved address numbers shall be B, F, PO
placed on all doors leading to the exterior of the
building. Such addressing shall be painted on the
door III a contrastin color. Addresses shall be
10 of23
Reso.
19~ S--&
Issuance of Standard
Building
Permits
Through Building
Completion
Issuance of Building
Building Permits
Prior to issuance Building
of building
permits
Prior to Building
Occupancy
illuminated and shall be placed in such a position to
be plainly visible and legible from the street or road
fronting the property. Address numbers shall be 5
inches in height minimum.
44. Engineer Observation. The Engineer of record
shall be retained to provide observation services for
all components of the lateral and vertical design of
the building, including nailing, hold downs, straps,
shear, roof diaphragm and structural frame of
building. A written report shall be submitted to the
City Inspector prior to scheduling the final frame
inspection.
45. Air Conditioning, HV AC and Mechanical Units.
Air conditioning units, ventilation ducts,
mechanical equipment shall be screened from
public view with materials compatible to the main
building. Units shall be permanently installed on
concrete pads or other non-movable materials
approved by the Building Official and Director of
Community Development.
46. Temporary Fencing. Temporary Construction
fencing shall be installed along perimeter of all
work under construction to separate the construction
operation from the public. All construction
activities shall be confined to within the fenced
area. Construction materials and/or equipment shall
not be operated or stored outside of the fenced area
or within the public right-of-way unless approved in
advance by the City Engineer/Public Works
Director.
47. Green Building Guidelines. To the extent
practical the applicant shall incorporate Green
Building Measures. Green Building plan shall be
submitted to the Building Official for review.
48. Cool Roofs. Flat roof areas shall have their
roofing material coated with light colored gravel or
painted with light colored or reflective material
designed for Cool Roofs.
49. Electronic File. The Applicant/Developer shall
submit all building drawings and specifications for
this project III an electronic format to the
satisfaction of the Building Official prior to the
Issuance of building permits. Additionally, all
revisions made to the building plans during the
project shall be incorporated into an "As Built"
electronic file and submitted prior to the issuance of
the final occupancy.
FIRE PREVENTIO
I1of23
B
B
B,PW
B
B
B
Prior to frame
inspection
Occupancy of
Unit
During
Construction and
Prior to issuance
of Occupancy
Permit
Through
Completion
Through
Completion
Prior to
Occupancy
t~Db S-b
Building
Building
Building
Building
Building
Building
50. Fire Sprinklers. Automatic sprinklers shall be
provided throughout the building as required by the
Dublin Fire and Building Codes.
51. The project shall comply with CFC article 52.
52. Signage. The following slgnage shall be
incorporated into an application for a Master Sign
Program/Site Development Review:
1. "Emergency fuel shutdown device" at the
shutoff. CFC 5201.5.3
2. Signs prohibiting smoking and prohibiting
dispensing into unapproved containers. CFC
5201.8
3. Signs stating that engines shall be shut off
during fueling. CFC 5201.8
4. Conspicuous signs prohibiting tank filling
and fuel dis ensing. CFC 5202.3.7.4
53. Environmental Health. The underground portions
of the work are reviewed by the Alameda County
Environmental Health Department. Submit plans
and comply with the requirements of the Alameda
County Environmental Health Department.
54. Fire Extinguishers. Provide 2A10BC fire
extinguishers in the retail building/car wash. A
minimum 2A, 20BC fire extinguisher is required
within 75 feet of any pump, dispenser or fill-pipe
openmg. CFC 5202.10. An approved sign in
accordance with the Uniform Fire Code shall be
conspicuously posted above the extinguisher. CFC
1002
55. Knox Box. Provide a Knox box at the main entrance
to the retail building. The Knox box shall contain a
key that provides access to the tenant space. Order
forms for the Knox box are available at the fire
prevention office at the address above. The key can
be placed in the box during the Fire Department
inspection.
56. Code Compliance. The project shall comply with
Uniform Building and Fire Codes as adopted by the
City of Dublin.
PUBLIC
57. Clarifications and Changes to the Conditions. In
the event that there needs to be clarification to these
Conditions of Approval, the Directors of
Community Development and Public Works have
the authority to clarify the intent of these Conditions
of Approval to the Applicant! Developer by a
written document signed by the Directors of
F
F
F
F
F
F
F
Prior to
occupancy
Prior to
occupancy
Issuance of
Building Permits
Through
completion
Prior to
occupancy
Prior to
occupancy
Through
completion
120f23
PW
Prior to approval
of Improvement
Plans
7,()Ob5t.e
Fire
Fire
CFC
Fire
CFC
CFC 902.4
Fire
Public
Works
Community Development and Public Works and
placed in the project file. The Directors also have
the authority to make minor modifications to these
conditions without going to a public hearing in order
for the Developer to fulfill needed improvements or
mitigations resulting from impacts of this project.
58. Standard Public Works Conditions of Approval.
Applicant/Developer shall comply with all
applicable City of Dublin Public Works Standard
Conditions of Approval. In the event of a conflict
between the Public Works Standard Conditions of
Approval and these Conditions, these Conditions
shall prevail.
59. Hold Harmless/Indemnification. The Developer
shall defend, indemnify, and hold harmless the City
of Dublin and its agents, officers, and employees
from any claim, action, or proceeding against the
City of Dublin or its agents, officers, or employees
to attack, set aside, void, or annul an approval of the
City of Dublin or its advisory agency, appeal board,
Planning Commission, City Council, Community
Development Director, Zoning Administrator, or
any other department, committee, or agency of the
City to the extent such actions are brought within
the time period required by Government Code
Section 66499.37 or other applicable law; provided,
however, that The Developer's duty to so defend,
indemnify, and hold harmless shall be subject to the
City's promptly notifying The Developer of any said
claim, action, or proceeding and the City's full
cooperation in the defense of such actions or
proceedings.
60. Conditions of Approval. A copy of the Conditions
of Approval which has been annotated how each
condition is satisfied shall be included with the
submittals to the Public Works Department for the
review of the improvements plans. The notations
shall clearly indicate how all Conditions of
Approval will be complied with, and where they are
located on the plans. Submittals will not be accepted
without the annotated conditions.
61. Title Report. A current preliminary title report
(prepared within the last six months) together with
copIes of all recorded easements and other
encumbrances and copIes of Final Maps for
adjoining properties and off-site easements shall be
submitted for reference as deemed necessary by the
City Engineer/ Director of Public Works.
13 of23
PW
PW
PW
PW
Approval
of Improvement
Plans
Through
completion of
Improvements
and occupancy
of the Buildings
With each
submittal of
Improvement
Plans
Prior to approval
of Improvement
Plans
2\C06lQ
Public
Works
Public
Works
Public
Works
Public
Works
62. Improvements within Existing Easements. The
Applicant/Developer shall obtain written permission
from the beneficiaries of all existing easements
encumbering the site before constructing
improvements within the easement areas if the
proposed improvements are inconsistent with
purpose for which the easement was created. Said
permISSIon shall be forwarded to the City as
evidence of the Applicant/Developer's right to
construct said improvements.
63. Improvement Agreement and Security. Pursuant
to ~7.16.620 of the Municipal Code, the Applicant
shall obtain a Grading!Sitework Permit from the
Public Works Department that governs the
installation of required site improvements. As a
condition of issuance of said permit, Improvement
Security shall be posted to guarantee the faithful
performance of the permitted work. Such security
shall be in the form of cash, a certified or cashier's
check, a letter of credit, or a permit bond executed
by the applicant and a corporate surety authorized to
do business in California. The amount of the
security will be based on the estimated cost of the
site work (excluding the building). The applicant
shall provide an estimate of these costs for City
review with the first plan submittal.
64. Improvement and Grading Plans. All
improvement, drainage, utility and grading plans
submitted to the Public Works Department for
review/approval shall be prepared in accordance
with the approved SDR, these Conditions of
Approval, and the City of Dublin Municipal Code
including Chapter 7.16 (Grading Ordinance). When
submitting plans for review/approval, the
Applicant/Developer shall also fill-out and submit a
City of Dublin Improvement Plan Review Checklist
(three 8-112" x 11" pages). Said checklist includes
necessary design criteria and other pertinent
information to assure that plans are submitted in
accordance with established City standards. The
plans shall also reference the current City of Dublin
Standard Plans (booklet), and shall include
applicable City of Dublin Improvement Plan
General Notes (three 8-112" x 11" pages). For on-
site improvements, the Applicant! Developer shall
adhere to the City's On-site Checklist (eight 8-1/2"
x 11" pages). All of these reference documents are
available from the Public Works Department (call
140f23
PW
PW
PW
Prior to approval
of Improvement
Plans
Prior to issuance
of Grading!
Sitework Permit
Prior to issuance
of Grading!
Sitework Permit
22~5{r;
Public
Works
Public
Works
Public
Works
telephone 925-833-6630 for more information).
The Grading Plan shall be in conformance with the
recommendations of the Geotechnical Report, the
approved SDR, and the City design standards &
ordinances. In case of conflict between the soil
engineer's recommendations and City ordinances,
the City Engineer shall determine which shall apply.
A detailed Erosion Control Plan shall be included
with the Grading Plan. The plan shall include
detailed design, location, and maintenance criteria of
all erosion and sedimentation control measures.
Detailed Engineer's Estimate of improvement costs
. shall be submitted with the plans.
65. GradinglSitework Permit. All improvement work
must be performed per a Grading! Sitework Permit
issued by the Public Works Department. Said
permit will be based on the final set of civil plans to
be approved once all of the plan check comments
have been resolved. Please refer to the handout
titled Grading/Site ImprovementPermit Application
Instructions and attached application (three 8-1/2" x
11 " pages) for more information. The
Applicant/Developer must fill in and return the
applicant information contained on pages 2 and 3.
The current cost of the permit is $10.00 due at the
time of permit Issuance, although the
Applicant/Developer will be responsible for any
adopted increases to the fee amount.
66. Erosion Control during Construction. Applicant/
Developer shall include an Erosion and Sediment
Control Plan with the Grading and Improvement
plans for review and approval by the City Engineer
and/or Public Works Director. Said plan shall be
designed, implemented, and continually maintained
pursuant to the City's NPDES permit between
October 1 st and April 15th or beyond these dates if
dictated by rainy weather, or as otherwise directed
by the City Engineer and/or Public Works Director.
All grading, construction, and development
activities within the City of Dublin must comply
with the provisions of the Clean Water Act. Proper
erOSIOn control measures must be installed at
development sites within the City during
construction, and all activities shall adhere to Best
Management Practices.
150f23
PW
PW
Issuance of
Grading!
Sitework Permit
Issuance of
Grading!
Sitework Permit
and during
construction
Z~Db5lo
Public
Works
Public
Works
67. Water Quality/Best Management Practices.
Pursuant to the Alameda Countywide National
Pollution Discharges Elimination Permit (NPDES)
No. CAS0029831 with the California Regional
Water Quality Control Board (RWQCB), the
applicant shall design and operate the site in a
manner consistent with the Start at the Source
publication, and according to Best Management
Practices to minimize storm water pollution. All
trash dumpsters and compactors which are not
sealed shall have roofs to prevent contaminants from
washing into the storm drain system. Runoff from
pavement areas shall be directed to biofiltration
swales or other approved post-construction storm
water BMPs. Storm drain markers shall be installed
on all storm drain inlets using an approved marker
available from the Alameda Countywide Clean
Water Program
68. Storm Drain Improvements. Applicant/ Developer
shall construct all required storm drain
improvements in accordance with a site-specific
hydrologylhydraulic analysis and/or as specified by
the Public Works Director. Plans submitted for the
storm drain improvements shall include full
drainage pattern for the entire parking lot.
69. Storm Water Treatment Measures Maintenance
Agreement. Applicant/Developer shall enter into
an agreement with the City of Dublin that
guarantees the property owner's perpetual
maintenance obligation for all storm water treatment
measures installed as part of the project. Said
agreement is required pursuant to Provision C.3.e.ii
of RWQCB Order R2-2003-0021 for the reissuance
of the Alameda Countywide NPDES municipal
storm water permit. Said permit requires the City to
provide verification and assurance that all treatment
devices will be properly operated and maintained.
70. Zone 7 Drainage Fee. The applicant will be
required to pay Zone 7's SDA 7-1 Impervious
surface Area fees for all new hardscape areas.
71. Roof Drainage. Roof drainage shall drain across
bio-swales or into bio-filters prior to entering the
storm drain system. The landscaping and drainage
improvements in the bio-swale and bio- filters shall
be appropriate for water quality treatment. The City
Engineer may exempt specific roof leaders from this
requirement if space limitations prevent adequate
water treatment without creating hazards, nuisance
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Issuance of
Grading!
Sitework Permit
Issuance of
Grading!
Sitework Permit
Issuance of
Occupancy
Permit(s)
Issuance of
Building
Permit(s)
Approval of
Improvement
Plans
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Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
or structural concerns. Concentrated flows will not
be allowed to drain across public sidewalks.
72. Geotechnical Report and Recommendations. The
Applicant! Developer shall incorporate the
recommendations of the project Geotechnical
Investigations report or as may be amended by
subsequent report, and additional mitigation
measures required by the City Engineer, into the
project design. The Geotechnical Engineer shall
certify that the project design conforms to the report
recommendations pnor to Issuance of a
Grading/Sitework Permit. All report
recommendations shall be followed during the
course of grading and construction.
73. Disabled Parking. All disabled parking stalls shall
meet State Title 24 requirements, including
providing curb ramps at each loading zone. Curb
ramps cannot encroach within the loading/unloading
areas. Disabled stalls shall be conveniently located
and grouped near the primary entrances to each
building. Van accessible stalls shall also be provided
and shall meet State Title 24 requirements.
74. Disabled Access Ramps. The Applicant/ Developer
shall install disabled access ramps, and where
necessary replace or retrofit all existing handicapped
ramps, including those located along the proj ect
frontage, to meet current State Title 24
requirements.
75. Vehicle Parking. Applicant shall repair any
distressed areas of pavement within the existing
parking field, then seal and re-stripe the entire
parking field. All parking spaces shall be double
striped using 4" white lines set approximately 2 feet
apart according to Figure 76-3 and S8.76.070 (A) 17
of the Dublin Municipal Code. All compact-sized
parking spaces shall have the word "COMPACT"
stenciled on the pavement within each space. 12"-
wide concrete step-out curbs shall be constructed at
each parking space where one or both sides abuts a
landscaped area or planter. Wheel stops as necessary
shall be provided at the parking stalls.
76. Sidewalk. The Applicant/Developer shall repair
any damaged sidewalk along the site frontage. Per
Section 1114B.1.2 of the California Building Code,
an accessible and direct route travel shall be
provided between the building and the public
sidewalk on San Ramon Road
77. Signs and Pavement Markin2s. The Applicant/
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Issuance of
Grading/
Sitework Permit
and during
construction
Issuance of
Occupancy
Permit(s)
Issuance of
Occupancy
Permit(s)
Issuance of
Occupancy
Permit(s)
Issuance of
Occupancy
Permit(s)
Issuance of
251J5&i
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
Public
Developer shall be responsible for the following on-
site traffic signs and pavement markings:
1. Handicapped parking signs and legends per
State Title 24 requirements.
Any other signs and markings deemed reasonably
necessary by the City Engineer and/or Public Works
Director during final design and/or construction.
78. Relocation of Existing Improvements/ Utilities.
Any necessary relocation of existing improvements
or utilities shall be accomplished at no expense to
the City.
79. Construction Hours. Construction and grading
operations shall be limited to weekdays (Monday
through Friday) and non-City holidays between the
hours of 7:30 a.m. and 5:30 p.m. The
Applicant/Developer may request permission to
work on Saturdays and/or holidays between the
hours of 8:30 a.m. and 5:00 p.m. by submitting a
request form to the City Engineer no later than 5 :00
p.m. the prior Wednesday. Overtime inspection
rates will apply for all Saturday and/or holiday
work.
80. Construction Noise Management Program!
Construction Impact Reduction Plan. Applicant!
Developer shall . conform to the following
Construction Noise Management Program!
Construction Impact Reduction Plan. The following
measures shall be taken to reduce construction
impacts:
1. Off-site truck traffic shall be routed as directly
as practical to and from the freeway (1-680) to
the job site. An Oversized Load Permit shall be
obtained from the City prior to hauling of any
oversized loads on City streets.
2. The construction site shall be watered at regular
intervals during all grading activities. The
frequency of watering should increase if wind
speeds exceed 15 miles per hour. Watering
should include all excavated and graded areas
and material to be transported off-site. Use
recycled or other non-potable water resources
where feasible.
3. Construction equipment shall not be left idling
while not in use.
4. Construction equipment shall be fitted with
noise muffling devices.
5. Mud and dust carried onto street surfaces by
construction vehicles shall be cleaned-up on a
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Occupancy
Permit(s)
Acceptance of
Improvements
by City Council
During
Construction
During
Construction
2f.a lt6 6) /.,
Works
Public
Works
Public
Works
Public
Works
daily basis.
6. Excavation haul trucks shall use tarpaulins or
other effective covers.
7. Upon completion of construction, measures shall
be taken to reduce wind erosion. Repaving
should be completed as soon as possible.
8. After grading is completed, fugitive dust on
exposed soil surfaces shall be controlled using
the following methods:
a) All portions of the site shall be sufficiently
watered to prevent dust.
b) On-site vehicle speed shall be limited to 15
mph.
c) Use of petroleum-based palliatives shall
meet the road oil requirements of the Air
Quality District. Non-petroleum based
tackifiers may be required by the City
Engineer.
9. The Department of Public Works shall handle
all dust complaints. The City Engineer may
require the services of an air quality consultant
to advise the City on the severity of the dust
problem and additional ways to mitigate impact
on residents, including temporarily halting
project construction. Dust concerns in adjoining
communities as well as the City of Dublin shall
be addressed. Control measures shall be related
to wind conditions. Air quality monitoring of
PM levels shall be provided as required by the
City Engineer.
10. Construction interference with regional non-
proj ect traffic shall be minimized by:
a) Scheduling receipt of construction
materials to non-peak travel periods.
b) Routing construction traffic through
areas of least impact sensitivity.
c) Routing construction traffic to minimIze
construction interference with regional
non-project traffic movement.
d) Limiting lane closures and detours to
off-peak travel periods.
e) Providing ride-share incentives for
contractor and subcontractor personnel.
f) Emissions control of on-site equipment
shall be minimized through a routine
mandatory program of low-emissions tune-
ups.
81. Damage/Repairs. The Applicant/Developer shall
be responsible for the repair of any damaged
190f23
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Acceptance of
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21 '1J6lA
Public
Works
pavement, curb & gutter, sidewalk, or other public
street facility resulting from construction activities
associated with the development of the project.
82. Fire Hydrants. The Applicant/Developer shall
construct all new fire hydrants in accordance with
City of Dublin Fire requirements. Final location of
fire hydrants shall be approved by City of Dublin
Fire in accordance with current standards. Raised
blue reflectorized traffic markers shall be epoxied to
the center of the street opposite each hydrant.
83. Occupancy Permit Requirements. Prior to
issuance of an Occupancy Permit, the physical
condition of the project site shall meet minimum
health and safety standards including, but not
limited to the following:
1. The walkways providing access to the building
shall be complete, as determined by the City
Engineer, to allow for safe, unobstructed
pedestrian and vehicle access to and from the
site.
2. All traffic control devices providing access to
the site shall be in place and fully functional.
3. All address numbers for streets providing access
to the buildings shall be in place and visible.
4. Lighting for the site shall be adequate for safety
and security. Exterior lighting shall be provided
for building entrances/exits and pedestrian
walkways. Security lighting shall be provided
as required by Dublin Police.
5. All construction equipment, materials, or on-
going work shall be separated from the public
by use of fencing, barricades, caution ribbon, or
other means approved by the City Engineer.
6. All fire hydrants shall be operable and easily
accessible to City and City of Dublin Fire
personnel.
7. All site features designed to serve the disabled
(i.e. H/C parking stalls, accessible walkways,
signage) shall be installed and fully functional.
84. Refuse Collection. The Applicant/ Developer shall
provide designated refuse collection areas for the
project, subject to approval by the appropriate solid
waste collection company prior to approval of
improvement plans. All refuse collection areas shall
be screened from public view and shall have roofs to
protect against rainwater intrusion and floor drains
connected to the sanitary sewer system to collect
runoff from periodic washdown.
20 of 23
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by City Council
Prior to issuance
of Occupancy
Permits
Prior to issuance
of Occupancy
Permit
Issuance of
Building Permit
tt:p'fJ~
Public
Works
Public
Works
Public
Works
The refuse collection service provider shall be
consulted to ensure that adequate space is provided
to accommodate collection and sorting of
putrescible solid waste as well as source-separated
rec clable materials generated by this project.
85.. Required Permits. An encroachment permit from PW
the Public Works Department may be required for
any work done within the public right-of-way.
Developer shall obtain all permits required by other
agencies including, but not limited to Alameda
County Flood Control and Water Conservation
District Zone 7, California Department of Fish and
Game, Army Corps of Engineers, Regional Water
Quality Control Board, Caltrans and provide copies
of the permits to the Public Works De artment.
86. Public Improvements. All public improvements PW
constructed by Developer and to be dedicated to the
City are hereby identified as "public works" under
Labor Code section 1771 unless the Public Works
Director specifically determines otherwise in
writing. Accordingly, Developer, in constructing
such improvements, shall comply with the
Prevailing Wage Law (Labor Code. Sects. 1720 and
following).
I)UBlLilil1POLICE SE
87. Non Residential Security Ordinance PO
requirements. The Applicant/Developer shall
comply with all applicable City of Dublin Non
Residential Security Ordinance requirements.
88. Security Plan Required. The Applicant/ PO
Developer shall submit a Security Plan for the site
for review by Dublin Police Services prior to
occupancy. The Plan shall include information on:
1. Alarm systems
2. Camera systems
3. Key control
4. A completed "Business Site Emergency
Response Card"
5. Employee safety/security trainin
l)~lQi~l)iI)UBLliI1li1i11 RAMON S DISTRICT
89. Improvement Plan Submittal. Prior to issuance of DSRSD
any Building Permit by the City of Dublin, complete
improvement plans shall be submitted to DSRSD
that conform to the requirements of the Dublin San
Ramon Services District Code, the DSRSD
"Standard Procedures, Specifications and Drawings
for Design and Installation of Water and Wastewater
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and Prior to
Issuance of
Building Permit
Acceptance of
Improvements
by City Council
On-going
Occupancy
Issuance of any
building permit
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Public
Works
Public
Works
Police
Police
DSRSD
Facilities", all applicable DSRSD Master Plans and
all DSRSD policies.
90. Fees. Prior to issuance of any Building Permit by the DSRSD
City of Dublin or any Construction Permit by
DSRSD, whichever comes first, all utility connection
fees including DSRSD and Zone 7, plan checking
fees, inspection fees, connection fees, and fees
associated with a wastewater discharge permit shall
be paid to DSRSD in accordance with the rates and
schedules established in the DSRSD Code.
91. Improvement Plan Approval for DSRSD DSRSD
Facilities. Prior to issuance of any Building Permit
by the City of Dublin or any Construction Permit by
the DSRSD, whichever comes first, all improvement
plans for DSRSD facilities shall be signed by the
District Engineer. Each drawing of improvement
plans shall contain a signature block for the District
Engineer indicating approval of the sanitary sewer
or water facilities shown. Prior to approval by the
District Engineer, the applicant shall pay all required
DSRSD fees, and provide an engineer's estimate of
construction costs for the sewer and water systems,
a performance bond, a one-year maintenance bond,
and a comprehensive general liability insurance
policy in the amounts and forms that are acceptable
to DSRSD. The applicant shall allow at least 15
working days for final improvement drawing review
by DSRSD before signature by the District
Engineer.
92. Utility Construction Permit. No sewer or water DSRSD
line construction shall be permitted unless the
proper utility construction permit has been issued by
DSRSD. A construction permit will only be issued
after all DSRSD conditions have been satisfied.
93. Indemnification. The Applicant shall hold DSRSD, DSRSD
it's Board of Directors, commissions, employees,
and agents of DSRSD harmless and indemnify and
defend the same from any litigation, claims, or fines
resulting from the construction and completion of
the pro' ect.
OTHE ITIONS
94. Construction, Ingress and Egress, and PL, PW
Maintenance Ease~ent. The Applicant/Developer
shall obtain any and all necessary easements for the
construction, ingress and egress, and maintenance of
a driveway sufficient to allow vehicular and fuel
truck access (ingress and egress) to and from San
Ramon Road, which easement( s) shall be in a form
220f23
Issuance of any
permit
Issuance of any
permit
On-going
3 () etfJ r:;u
DSRSD
DSRSD
DSRSD
DSRSD
Planning
and Public
Works
3tt:fJ6~
satisfactory to the City Attorney. Such easement(s)
shall be in addition to any rights granted by
Easement Agreement 2004476257 dated
10/2512004.
95. Driveway Design - San Ramon Road.
Modifications to the design of the driveway south of
the project on San Ramon Road (APN 941-0164-
003-03), as approved under Ordinance 19-04 and
City Council Resolution 81-04 for the San Ramon
Village Plaza project, are subject to review and
approval by the City in accordance with the Dublin
Zoning Ordinance. Such approval is required prior
to commencing construction on modifications to this
area.
96. Driveway Construction. Prior to occupancy,
construction of the driveway south of the project on
San Ramon Road shall be complete and the
driveway shall be open and operational.
PL
Issuance of Planning
Building Permits
PL
Occupancy Planning
PASSED, APPROVED, AND ADOPTED this 24th day of April 2007 by the following vote:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission Chair
ATTEST:
Planning Manager
G:\P A#\2006\06-O 13 Shell Gas Station Remodel\PC\PC Reso CUP _SDR.DOC
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AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: November 28, 2006
SUBJECT:
A TT ACHMENTS:
RECOMMENDATION:
~
PUBLIC HEARING: PA 06-013 - Rezone, Conditional Use Permit and
Site Development Review for a reconstruction/expansion of the Alcosta
Shell Service Station (Adjudicatory and Legislative Action)
Report prepared by Mamie R. Nuccio. Associate Planner
1)
Resolution approving a Conditional Use Permit and Site
Development Review for the Alcosta Shell Service Station
reconstruction/expansion at 8999 San Ramon Road, with project
plans attached as Exhibit A.
Resolution recommending that the City Council approve a Rezone
from C-N, Neighborhood Commercial to C-2, General Commercial
for the Alcosta Shell Service Station at 8999 San Ramon Road, with
the proposed Ordinance attached as Exhibit A.
Resolution recommending that the City Council adopt a Negative
Declaration for the Alcosta Shell Service Station project at 8999 San
Ramon Road, with Negative Declaration attached as Exhibit A.
Aerial Photo.
Site Photos.
2)
3)
4)
5)
1)
2)
3)
4)
5)
Receive Staff presentation;
Open the public hearing;
Take testimony from the Applicant and the public;
Close public hearing and deliberate; and
Adopt the following Resolutions:
a) Resolution approving a Conditional Use Permit and Site
Development Review for the Alcosta Shell Service Station
reconstruction/expansion at 8999 San Ramon Road, with
project plans attached as Exhibit A;
b) Resolution recommending that the City Council approve a
rezone from C-N, Neighborhood Commercial to C-2,
General Commercial for the Alcosta Shell Service Station at
8999 San Ramon Road, with the proposed Ordinance
attached as Exhibit A; and
c) Resolution recommending that the City Council adopt a
Negative Declaration for the Alcosta Shell Service Station
project at 8999 San Ramon Road, with Negative Declaration
attached as Exhibit A.
COPIES TO: Applicant, Property Owner
Rick Corbett, Michael Banducci
In-House Distribution
Page 1 of7
G:\PA#\2006\06..o13 Shell Gas Station Remodel\PC\PCSR 11.28-06.DOC
Attachment 5
PROJECT DESCRIPTION:
33'tf~
Background
The Alcosta Shell Service Station at 8999 San Ramon Road is located adjacent to the San Ramon Village
Plaza commercial center (Attachment 4). The site is within a C-N, Neighborhood Commercial Zoning
District and 'has a Retail/Office General Plan land use designation. On August 27, 1969, the Alameda
County Planning Commission approved a Conditional Use Permit for the existing service station which
has been in operation since that time. Over the years, Shell Oil Company has obtained additional
Conditional Use Permits for the construction of a cashier booth, storage building, restrooms, and car
wash. Although these modifications have altered the service station's original layout, they have not
changed the basic function of the site as a service station.
On October 17, 1995 (P A 95-031) and again on August 8, 2000 (P A 00-005), the City of Dublin Planning
Commission approved development applications for the reconstruction and expansion of the service
station; neither project was ever constructed. In accordance with the Zoning Ordinance, if an approved
use or structure is not established within one year of the approval, the approval lapses and becomes null
and void. Both approvals under P A 95-031 and P A 00-005 lapsed.
Adiacent Development
In 2004, the City Council approved a General Plan Amendment (GP A), Rezone, Tentative Parcel Map
(TPM) and Site Development Review (SDR) for the San Ramon Village Plaza commercial center which
is located southeast of the project site. These approvals changed the land use designation for the
commercial center from General Commercial to Mixed-Use and changed the zoning designation from C-
N, Neighborhood Commercial to PD, Planned Development to allow for the demolition of 34,000 square
feet of existing commercial buildings, the construction of 56 multi-family residential units, and the
remodeling of the remaining 14,377 square feet of commercial buildings. Although the Alcosta Shell
Service Station is located adjacent to San Ramon Village Plaza, it is not part of the commercial center and
therefore was not included in the GP A and Rezone.
Proiect Proposal
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., is requesting approval of a Rezone, Conditional Use Pennit, and
Site Development Review to <;<>nstruct a new 2,162 square foot mini-mart; a 1,264 square foot car wash; a
3,537 square foot canopy; six new fuel dispensers; a new covered trash enclosure; landscaping; and
retaining walls for the Alcosta Shell Service Station. The site is located on the southeast corner of
Alcosta Boulevard and San Ramon Road arid is approximately 23,747 square feet (.55 acres) in size.
Surrounding uses include retail commercial to the east and multi-family residential to the south (Willows
@ San Ramon Village). Single family residential homes are located to the west and a Chevron Service
Station is located to the north in the City of San Ramon (Attachment 4).
The requested approvals are as follows: 1) approval of a Conditional Use Pennit (CUP) for the operation
of a new service station, a mini-mart and a car wash (Attachment 1); 2) approval of Site Development
Review (SDR) for the construction of a new service station, mini-mart, car wash and associated site
improvements (Attachment 1 including Exhibit A); and 3) approval of a Rezone to change the zoning
designation of the property from C-N, Neighborhood Commercial to C-2, General Commercial
(Attachment 2).
20f7
ANAL YSIS:
34: 1) 51P
Rezone
The C-N, Neighborhood Commercial zoning designation allows service stations as a conditional use, but
prohibits car washes or mini-marts. The existing car wash on-site was approved in 1981, prior to City
incorporation, and is considered legal non-conforming because the use and structure were pennitted when
approved, but are now prohibited under current zoning. Under the legal non-conforming status, a
structure or use cannot be expanded or intensified. The proposed rezone to C-2, General Commercial
zoning would allow the existing structures to be rebuilt and the existing uses to be pennitted through a
Conditional Use Pennit process.
In a C-2, General Commercial Zoning District, Car Wash/Detailing is an allowed use subject to approval
of a Conditional Use Permit; Service Stations, and mini-marts combined with a service station, are also
allowed uses in the C-2 Zoning District with approval of a Conditional Use Pennit.
In order for the property owner to modernize the existing service station, the property must be rezoned to
conform to the current zoning regulations. The process for reviewing and approving a rezone request is
through a recommendation by the Planning Commission to the City Council. A statement of findings can
be found on page 2 of Attachment 2, the Resolution recommending City Council approval of the Rezone
request.
Conditional Use Permit
The project includes the complete demolition of the existing service station and all associated structures
for the construction of a new 2,162 square foot mini-mart; a 1,264 square foot automated carwash and
storage area; a 3,537 square foot canopy; and six new fuel dispensers. A new Conditional Use Pennit is
required due to the scope of the expansion of the service station and would include the service station, the
mini-mart, and the car wash. Should the Planning Commission decide to grant the Conditional Use
Permit request, the approval would be contingent upon City Council approval of the rezone request. A
statement of findings can be found on pages 2-4 of Attachment 1, the Resolution approving a Conditional
Use Permit and Site Development Review.
Currently, the Alcosta Shell Service Station operates 24 hours a day, 7 days a week, including holidays.
No changes are proposed to the existing hours of operation. The facility currently has a staff of 7
employees, which includes maintenance, management, and cashiering positions. Five additional
employees would be needed upon completion of the proposed reconstruction and expansion for a total of
12 employees.
Site Development Review
The Zoning Ordinance requires Site Development Review for any modification to site layout in a
commercial zoning district, including new construction with a gross floor area of 1,000 square feet or
more; and modifications to parking, fencing, circulation, landscaping, accessory structures, and trash
enclosures.
Site Lavout (Sheet 1 of Exhibit A to Attachment 1)
The new service station canopy would be located adjacent to Alcosta Boulevard. The existing public
sidewalk, landscape strip, and service station price sign would remain. The new canopy would be 65'-6"
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x 54'.0" in size (3,537 square feet). Beneath the canopy would be 6 fueling stations. Six angled parking
spaces are to be located along the San Ramon Road frontage. Existing monument signage and
landscaping along this frontage would also remain; however, new vacuum and air/water stations would be
installed adjacent to the parking stalls. The location of the vacuum and air/water stations along the San
Ramon Road frontage would give employees of the service station better surveillance of the area in an
effort to prevent vandalism of the units.
The new mini-mart would be located on the southern portion of the site with the front entrance facing
Alcosta Boulevard. Three parallel parking stalls would be located in the front of the mini-mart and 3
standard parking stalls are proposed along the west side of the building (facing San Ramon Road). A new
trash enclosure would be constructed along the east side of the mini-mart adjacent to the entrance to the
new car wash. The car wash would be attached to the south elevation of the mini-mart. The exit to the
car wash would be along the west elevation facing San Ramon Road.
There are 2 existing driveways along Alcosta Boulevard that provide vehicular ingress and egress to the
site. A new driveway on the adjacent property to the south was also recently constructed along San
Ramon Road by Braddock & Logan in conjunction with the 2004 approvals granted by the City Council
for the redevelopment of San RamonVillage Plaza and the construction of 56 residential townhouse units
(the Willows). The Alcosta Shell Service Station has a non-exclusive access road easement to utilize this
driveway for vehicular ingress and egress; this driveway also serves as the egress point for fuel trucks
which access the service station from Alcosta Boulevard and deliver fuel to the site (Sheet 8 of Exhibit A
to Attachment 1).
Minor modifications to the design of the San Ramon Road driveway are proposed in order for the service
station to continue utilizing the driveway for fuel truck egress. Because the modifications to the driveway
are located on the adjacent San Ramon Village Plaza property, Condition of Approval No. 95 has been
added to the project which requires the proposed modifications to be reviewed and approved in
accordance with the Zoning Ordinance prior to construction of the improvements. The purpose for
showing the proposed revised design is to demonstrate that the service station would have adequate access
for its fuel trucks. The property owner for San Ramon Village Plaza, Mr. Rick Corbett, and his agent, Mr.
Michael Banducci, have reviewed the proposed revisions and agreed to work with the owners of the
service station to make the necessary modifications for safe egress of the fuel trucks while retaining the
median to facilitate vehicle and pedestrian traffic for the San Ramon Village Plaza project and the
Willows project.
Parking
For a service station with mini-mart, the City of Dublin Off.Street Parking and Loading Regulations
require I parking space per 300 square feet of commercial sales area with a 5 space minimum.. An
additional 4 parking spaces are required for a self-serve carwash, plus additional spaces for drying or
vacuum areas (See Table 1). The project proposes to provide 12 parking spaces which is 1 more space
than what the Zoning Ordinance requires.
Table 1.
Use T1 e
Commercial Sales Area (1,684 s . ft.)
Self-serve (automated) car wash,
plus additional parking for drying or
vacuum areas
Total Parkin Re uired
Parkin Ratio
1/300 sq. ft.
4 spaces
6 spaces
1/area
uired
40f7
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Architecture (Exhibit A of Attachment I)
A new 17'- 6" high canopy would be constructed of metal and would be painted with Shell's corporate
colors. The supporting posts of the canopy would be painted white with an enhanced gray base and the
canopy itself would be painted yellow with a red band. Shell signage is proposed to be incorporated into
the canopy on the San Ramon Road and Alcosta Boulevard elevations; however, the signage is not part of
the Site Development Review application before the Planning Commission. A condition of project
approval has been included to require that all signage be reviewed and approved through a Master Sign
Program (Condition of Approval No. 23).
A new 19' high mini-mart/car wash building has been designed to be architecturally compatible with the
approved architecture for the adjacent San Ramon Village Plaza remodel. Columns have been added to
all 4 elevations and a gray base with a silver band has been incorporated into the lower portion of the
building. The building is proposed to be constructed of wood with an exterior stucco finish. The light
fixtures chosen will also be consistent with fixtures approved as part of the adjacent San Ramon Village
Plaza remodel. The storefront windows would be constructed of anodized aluminum and painted black.
The proposed trash enclosure has been designed to be architecturally compatible with the mini-mart/car
wash building and would have a stucco finish and decorative cornice cap painted to match the mini~
mart/car wash building. Metal canopies have also been introduced on 3 of the 4 elevations to add
architectural interest. The canopies are compatible in color and materials to the canopies approved as part
of the adjacent San Ramon Village Plaza remodel.
Landscaping (Sheet L1 of Exhibit A to Attachment 1)
The preliminary landscape plan includes additional landscaping within existing planting strips along the
City right-of-way and new landscaping around the building, the trash enclosure, and along the southern
property line. A condition of project approval requires that Final Landscape and Irrigation plans be
submitted for review and approval by the Community Development Director prior to the issuance of
building permits (Condition of Approval No. 27). A retaining wall, ranging in height from12" to 3',
would be located along the southern portion of the project adjacent to a parking lot which is part of the
San Ramon Village Plaza shopping center.
Review by City Departments
The Public Works Department, Building Division, Fire Department, Police Services, and Dublin San
Ramon Services District have all reviewed the proposed project. Conditions of approval from these
agencies are included in the proposed Resolution (Attachment 2).
Noticing Requirements
In accordance with State Law, a public hearing notice and Notice of Intent to Adopt a Negative
Declaration for the November 28, 2006 Planning Commission meeting was published in the local
newspaper, mailed to adjacent property owners and tenants within 300 feet of the subject property, and
posted in at least three public places.
ENVIRONMENTAL REVIEW:
The project has been reviewed in accordance with the California Environmental Quality Act (CEQA). An
Initial Study of Environmental Review was completed on June 6, 2006. Based on the Initial Study
prepared for the project, it has been determined that project will not have a significant impact on the
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environment; therefore, a Negative Declaration has been prepared (Attachment 3). A public review
period was held June 6, 2006 to June 26,2006 (20 days). During the public review period no comments
were received on the project.
CONCLUSION:
The proposed reconstruction and expansion of the Alcosta Shell Service Station will be an improvement
to the existing service station. The new mini-mart, car wash, canopy, fuel dispensers, landscaping, and
other associated site improvements will enhance the image of the adjacent shopping center and residential
development. The proposed project, as conditioned, is consistent with the Dublin General Plan and the
proposed Zoning District in which the project site would be located and represents an appropriate project
for the site.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; and
5) Adopt the following Resolutions: a) Resolution approving a Conditional Use Pennit and Site
Development Review for the Alcosta Shell Service Station reconstruction/expansion at 8999 San Ramon
Road, with project plans attached as Exhibit A; b) Resolution recommending that the City Council
approve a rezone from C-N, Neighborhood Commercial to C-2, General Commercial for the Alcosta Shell
Service Station at 8999 San Ramon Road, with the proposed Ordinance attached as Exhibit A; and c)
Resolution recommending that the City Council adopt a Negative Declaration for the Alcosta Shell
Service Station project at 8999 San Ramon Road, with Negative Declaration attached as Exhibit A.
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3<611fJ ~I.{J
GENERAL INFORMATION
APPLICANT: Kathy Kotulak Hemmen, Consultant'
C&J Cox Corporation
4431 Stoneridge Drive, Pleasanton, CA 94588
PROPERTY OWNER: Carl A. and Jan A. Cox
Cox - Tracy, Inc.
4431 Stoneridge Drive, Pleasanton, CA 94588
LOCATION: 8999 San Ramon Road, Dublin, CA 94568
ASSESSOR PARCEL NO.: 941-0164-001-07 and 941-0164-003-02
GENERAL PLAN
LAND USE DESIGNATION: Retail/Office
EXISTING ZONING: C-N, Neighborhood Commercial
PROPOSED ZONING: C-2, General Commercial
SURROUNDING USES:
Location Zoning General Plan Land Use Current Use of
Property
Site C-N, Neighborhood Retail/Office Service Station and Car
Commercial Wash
North N/ A (City of San Ramon) N/A (City of San City of San Ramon,
Ramon) Chevron Service Station
South and east PD, Planned Development Mixed-Use Commercial and Multi-
Family Residential
West R-1, Single Family Single Family Single Family
Residential Residential Residential
(0.9 -6.0 du/acre)
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Planlzing COml11ission Mil11ltes
3q frIJ ~1rJ
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, November
28,2006 in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to
order at 7:06 p.m.
Present: Chair Schaub, Commissioners Biddle, Fasulkey, and King; Mary Jo Wilson, Planning
Manager; Melissa Morton, Public Works Director; Marnie Nuccio, Associate Planner; Kristi
Bascom, Senior Planner; Kit Faubion, City Attorney; Gregory Shreeve, Building Official; and
Rhonda Franklin, Recording Secretary.
Absent: Cm. Wehrenberg
ADDITIONS OR REVISIONS TO THE AGENDA - NONE
MINUTES OF PREVIOUS MEETINGS
November 14,2006 minutes, accepted as submitted.
CONSENT CALENDAR - NONE
ORAL COMMUNICATIONS - NONE
WRITTEN COMMUNICATIONS - NONE
PUBLIC HEARINGS - NONE
8.1 Alcosta Shell Service Station ExpansionfReconstruction RezonefCUPfSDR
(P A 06-013) - The Applicant is requesting approval of a RezonefConditional Use
Permit fSite Development Review to demolish an existing service station which
includes a car wash, cashier kiosk, fuel dispensers and canopy cover, and
construct a new 2,162 square foot convenience store, a 1,264 square foot
automated car wash, six new fuel dispensers with a new canopy cover at 8999
San Ramon Road. The site is currently zoned C-N, Neighborhood Commercial
and is proposed to be rezoned to C-2, General Commercial in order to allow for
the new mini-mart and carwash.
Chair Schaub explained the meeting process for the benefit of the audience. He then asked for
the staff report.
Ms. Marnie Nuccio, Associate Planner, presented the specifics of the project as outlined in the
Staff Report. She had one correction to the Staff Report. She stated that the building would be
constructed of metal and not wood.
CP(mmi"fJ Commission
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Attachment 6
% 6l,
Chair Schaub asked if the bottom elevation was stucco. Ms. Nuccio responded that it was ~
correct.
Cm. Fasulkey pointed to the elevations and asked if it was the rear elevation. Ms. Nuccio
responded that it is the east elevation which would serve as the entry to the car wash and would
include the trash enclosure.
Cm. Fasulkey asked Staff what is taken into account when calculations are done for signage.
Ms. Nuccio responded that signage calculations are based on frontages. Cm. Fasulkey asked if
the band around the text in the signage is included in the calculations. Ms. Wilson responded
that the current sign ordinance allows for an applicant to use any color band around the text for
the signage. There was a discussion amongst the Commissioners regarding the colors for that
band. Ms. Wilson pointed out that the sign ordinance does specify the calculations for the
signage for a gas station, she also described how sign area is calculated.
Cm Fasulkey asked if there were any changes to the adjacent commercial project that was
previously approved and what is the timeline for that project. Ms. Nuccio responded that the
commercial center received its entitlements in 2004 and has undergone the building plan check
process. The building permits are ready to be issued and construction is anticipated to begin
shortly.
Hearing no further questions, Chair Schaub opened the public hearing and asked if the
Applicant would like to make a statement.
Kathy Kotulak-Hemmen, spoke on behalf of C & J Cox Corporation who are owners of the
property. She gave a brief history on the project. She indicated that although she is not happy
with the current proposal, however due to the requirements to comply with Shell's supply
contract which requires that all remodeling efforts should be approved by its corporate office as
well as the requirements to comply with the City's requirements this proposal was brought
forward. The current proposal is an end result of their company's hard work as well as keeping
in mind the cost effectiveness of the project.
Chair asked the Commissioners if they had any issues regarding rezone or parking prior to
moving on to the architectural discussion. None of the Commissioners had any problems with
either the rezone or parking.
Chair Schaub then showed some pictures of gas stations where the architecture complemented
the surrounding uses. He was concerned about the architectural compatibility of the current
proposal with its surrounding area. Ms. Kotulak-Hemmen explained that the current proposal
is the best that her company could do given the reasons she previously stated.
Cm King stated that he appreciates the efforts however he felt that he cannot vote in favor of the
project as proposed due to architectural concerns. He further indicated that the alternative is to
leave the site as is.
Cm. Biddle voiced similar concerns regarding the project.
W[anniltfJ Comml.S.l-iNI
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, 4'lDl5(P
Ms. Kit Faubion, Assistant City Attorney, reminded the Commission that the public hearing U
was still open and the Chair would need to close the hearing prior to deliberation.
Hearing no further questions for the Applicant, Chair Schaub closed the public hearing.
Chair Schaub stated that the Commission has two choices; one to continue the hearing to a
future date or to deny the project. However, he was not in favor of denying the project only for
it to get appealed to the City Council.
There was a discussion regarding the design of canopy and the colors of the band on the
signage. Ms. Wilson clarified for the Commission that the Sign Ordinance is very clear that the
color band is not included in the calculation of the square footage for the sign.
Cm. King felt that the project area is a gateway to the community and hence it is imperative that
the architecture is compatible with the surrounding area.
Chair Schaub then listed the items to be addressed for the Commission to vote favorably on the
project:
1. Building needs to be modified to include a roof and other elements
2. Canopy to be modified
3. Improve architectural detail
4. Enhance landscaping along Alcosta
On a motion by Chair Schaub, seconded by Cm. Biddle, and by a vote of 4-0-1, with Cm.
Wehrenberg absent, the Planning Commission unanimously moved to continue the hearing of
the project to a future date.
8.2 P A 06-052 Stagecoach Road Assessment District Landscape Alterations - Site
Development Review application for landscape alterations to private property
(located within the Stagecoach Road Assessment District) at 7678 Coral Way.
Cm. Fasulkey recused himself from the remainder of the public hearing. Ms. Faubion explained
the reason for this decision for the benefit of the audience.
Chair Schaub asked for staff report.
Ms. Kristi Bascom, Senior Planner, presented the specifics of the project as outlined in the Staff
Report.
. Cm. Biddle wanted clarification on the process of the assessment district in terms of how the
fees assessed by the District. Ms. Bascom responded that the cost is assessed as part of the
property taxes. Cm. Biddle pointed out that Staff had mentioned additional Assessment
Districts during the presentation and he would like to know these locations. Ms. Melissa
Morton, Public Works Director, explained that there are a total of 5 Assessment Districts in the
City; two for lighting and three for landscaping. The locations for the three landscaping
assessment districts are: Alamo Creek, Santa Rita and the project area being discussed this
(j>[amziuH (.'mnmiJ.I),m,
lJ.?~fJutdr ?rfri1inll
123
:N'm:em6cr 28,2006
evening. On. Biddle asked if these areas were left over from prior developments. Ms. M~';b G" ~
responded that the Alamo Creek and Santa Rita districts were intended to be assessment
districts to take care of frontage landscaping. Ms. Bascom added that the project area is the
only district where the City is maintaining a private property, whereas in the other two districts
it is the landscaping in the public right-of-way.
Cm. King asked if this project were approved who would be responsible if erosion or landslides
occur. Ms. Bascom responded that Staff has included conditions of approval that if such events
were to occur then the property owner would be financially responsible.
Chair Schaub asked if the project was denied by the Commission, what authority does the City
have to ask the owner to remove grapevines on private property after informing them that they
had to go through the process to legalize it. Ms. Kit Faubion, Assistant City Attorney explained
that the Commission is following a process to make a decision and therefore if it is the
Commission's decision to deny, then the City will have the authority to ask the owner to
remove the grapevines.
Hearing no further questions for Staff, Chair Schaub opened the public hearing and asked the
Applicant to make a statement.
Tom Fowler, Applicant and property owner of 7678 Coral Way gave a brief history on the
property in terms of what existed and how it is currently.
Mr. Garth GeIster, resident of 7736 Coral Way, spoke against the project. He gave a
presentation and discussed some of the ongoing problems with area and visibility issues. To
summarize his concerns, he categorized them into the following areas; visually not appealing,
assessment district issues regarding maintaining the integrity of the slopes and maintaining the
common look and feel in the area
Chair Schaub asked if someone wanted to upgrade the landscape in the easement area, how
they would go about doing that and how would the new price be established. Ms. Morton
responded that the property owners voted by parcel with 2/3 majority to increase their
assessment to address some of the issues. It now has a regular cost index increase each year.
Chair Schaub asked if there is a process in place today if a homeowner would like to make a
significant change to the landscape. Ms. Morton responded that there 'is no process, for
instance, to establish a certain group of design standards for making changes on an individual
basis.
Chair Schaub raised questions on how the funds in the assessment district were spent.
Chair Schaub asked how many homes in the area have backyards that touch the assessment.
Mr. GeIster responded that there are about 40 homes.
Cm. King stated that there seems to be confusion as to who is responsible in case of serious
erosion. Mr. GeIster responded that he needs to look at the assessment district documents,
however, he felt that one of the key responsibilities for the City is the interior slopes and their
maintenance. He stated that the City is already putting in retaining walls and repairing the
(P[anniflf/ C()ml1li.~J"i(ln
<R.flfllk'l'I' 'M.eetin,q
124
:Navemoer 28, ~(JOn
fences that are falling down and this is being done with the assessment district's funds. :1.~ ffbJi;~
Morton responded that the retaining wails that the City is putting in are very small crumb walls
that do not withstand heavy slide or erosion. The City has a maintenance easement to maintain
these slopes; however it doesn't mean that if significant erosion were to occur then the
assessment district is responsible to fix it. The City has a maintenance easement and is
responsible for the maintenance work under the assessment district.
Cm. Biddle wanted clarification that the City maintains the slopes up to the fence and that cost
is appropriated through the assessment district, however when a fence falls over is it correct
that the homeowner is responsible to fix it. Ms. Morton responded that it was correct.
Ms. Wilson pointed out that the questions being raised were not part of the proposed project.
Based on conditions of approval for this project, any land weakness as the result of the vine
plantings would be the homeowner's responsibility. Chair Schaub said that if the Planning
Commission decides to approve the project then it would set a precedent. Ms. Wilson pointed
out that the Planning Commission has the authority to look at each project independently.
Mike Waters, resident of 7712 Coral Way, spoke in favor of the applicant.
Susan Fowler, co-applicant, gave her reasons for having the project approved.
Sandy Waters, resident of 7712 Coral Way, also spoke in favor of the project.
Hearing no other questions, Chair Schaub closed the public hearing,
Cm. Biddle stated that he visited the site and agreed that the vines are not noticeable. Although
the leaves have fallen off it did not look unattractive. Cm. Biddle stated that the positive aspect
of this is that the City has developed a process to handle such instances through the Site
Development Review. Cm. Biddle said that he would support the project.
Cm. King stated that he would vote to approve the project. He doesn't think it looks
unattractive.
Chair Schaub stated he has no problems with the project.
On a motion by Cm. Biddle, seconded by Cm. King, and by a vote of 3-0-2, with Cm.
Wehrenberg and Cm. Fasulkey absent, the Planning Commission adopted:
RESOLUTION NO. 06 - 45
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING SITE DEVELOPMENT REVIEW (SDR) FOR LANDSCAPE ALTERATIONS
TO PRIVATE PROPERTY (LOCATED WITHIN THE STAGECOACH ROAD
ASSESSMENT DISTRICT) AT 7678 CORAL WAY (APN 941-2769-065)
P A 06-052
Wfannifl/i ('ilmmlssim'(
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125
'j'{(I1.'1{m6~,. 21:1, 2006
NEW OR UNFINISHED BUSINESS - NONE
L14~1.p
OTHER BUSINESS
10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or
Staff, including Committee Reports and Reports by the Planning Commission
related to meetings attended at City Expense (AB 1234).
The Planning Commissioners did not have any items to report.
ADJOURNMENT - The meeting was adjourned at 9:20 p.m.
Respectfully submitted,
1/ S-~
Planning Commission Chair
ATTEST:
Planning ('(J1nl/li.l'Si,~n
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126
'}/(',.'cm6.'r 28,2006
LJI5 ~5~
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: April 24, 2007
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
1)
2)
3)
4)
5)
\~t)
PUBLIC HEARING: P A 06-013 - Rezone, Conditional Use Permit and
Site Development Review for a reconstruction/expansion of the Alcosta
Shell Service Station (Adjudicatory and Legislative Action)
Report prepared by Mamie R. Nuccio, Associate Planner
1)
Resolution certifying a Negative Declaration for the Alcosta Shell
Service Station project at 8999 San Ramon Road, with Negative
Declaration attached as Exhibit A.
Resolution recommending that the City Council approve a Rezone
from C-N, Neighborhood Commercial to C-2, General Commercial
for the Alcosta Shell Service Station at 8999 San Ramon Road, with
the proposed Ordinance attached as Exhibit A.
Resolution approving a Conditional Use Permit and Site
Development Review for the Alcosta' Shell Service Station
reconstruction/expansion at 8999 San Ramon Road, with project
plans attached as Exhibit A.
Planning Commission Agenda Statement dated November 28, 2006,
without attachments.
Planning Commission Meeting Minutes of November 28, 2006.
November 16,2006 color elevations reviewed at the November 28,
2006 Planning Commission hearing.
Receive Staff presentation;
Open the public hearing;
Take testimony from the Applicant and the public;
Close public hearing and deliberate; and
Adopt the following Resolutions:
a) Resolution certifying a Negative Declaration (Attachment 1)
for the Alcosta Shell Service Station project at 8999 San
Ramon Road, with Negative Declaration attached as Exhibit
A;
b) Resolution recommending that the City Council approve a
Rezone (Attachment 2) from C-N, Neighborhood
Commercial to C-2, General Commercial for the Alcosta
Shell Service Station at 8999 San Ramon Road, with the
proposed Ordinance attached as Exhibit A; and
c) Resolution approving a Conditional Use Permit and Site
Development Review (Attachment 3) for the A1costa Shell
Service Station reconstruction/expansion at 8999 San Ramon
Road, with project plans attached as Exhibit A.
2)
3)
4)
5)
6)
....................................................................--............................................-.............................................................................................................-..................................................................................................---..........
COPIES TO: Applicant, Property Owner
Rick Corbett, Michael Banducci
In-House Distribution
lof5
G:\PA#\2006\06-D13 Shell Gas Station Remodel\PC\PCSR 04-24-D7.doc
Attachment 7
PROJECT DESCRIPTION:
%/If) r;~
Background
The Alcosta Shell Service Station at 8999 San Ramon Road is located adjacent to the San Ramon Village
Plaza commercial center. The site is within a C-N, Neighborhood Commercial Zoning District and has a
RetaiVOffice General Plan land use designation. On August 27, 1969, the Alameda County Planning
Commission approved a Conditional Use Permit for the existing service station which has been in
operation since that time. Over the years, Shell Oil Company has obtained additional Conditional Use
Permits for the construction of a cashier booth, storage building, restrooms, and car wash. Although these
modifications have altered the service station's original layout, they have not changed the basic function
ofthe site as a service station.
On October 17, 1995 (PA 95-031) and again on August 8, 2000 (PA 00-005), the City of Dublin Planning
Commission approved development applications for the reconstruction and expansion of the service
station; neither project was ever constructed. In accordance with the Zoning Ordinance, if an approved
use or structure is not established within one year of the approval, the approval lapses and becomes null
and void. Both approvals under PA 95-031 and PA 00-005 lapsed.
At the November 28, 2006 Planning Commission hearing, the Planning Commission reviewed the Alcosta
Shell Service Station Rezone, Conditional Use Permit and Site Development Review for the
reconstruction/expansion of the existing service station. For a full description of the project, please refer
to Attachment 4 which is the Planning Commission Agenda Statement for the November 28th hearing.
The Planning Commission did not express any concerns regarding the rezone or parking but did have
concerns with respect to architecture and listed the following items for the Applicant to address
(Attachment 5):
1. Modify the building to include a roof and other elements;
2. Modify the freestanding gas pump canopy;
3. Improve architectural detailing; and
4. Enhance landscaping along Alcosta Boulevard.
The Planmng Commission voted to continue the public hearing to a later date in order to give the
Applicant the opportunity to modify the project plans. Staff has been working with the Applicant since
November to address the Planning Commission's concerns.
ANALYSIS:
Modify the Building to include a Roof and Other Elements
North Elevation
The North elevation is considered the front elevation and serves as the entrance to the proposed mini-
mart. The most dramatic change to this elevation is the introduction of a central tower element with a full
hip roof in the form of a pyramid. The tower is visually braced by two architectural columns which have
a stucco finish and are painted 'Granite Peak' to accentuate and differentiate these columns from other
columns at each corner of the building. Stone veneer is applied to the lower portions of the columns as a
base treatment and is also incorporated into the front fa9ade of the tower element. The stone veneer is
also applied as a base treatment to the lower portions of the proposed mini-mart building and wraps
around to the East and West elevations.
20f5
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The East and West elevations are the side elevations of the proposed mini-mart building and also include
the entrance and exit to the proposed carwash, respectively.
East and West Elevations
The stone veneer which is provided as a base treatment on the front (North) elevation also wraps side
(East and West) elevations. Due to the high visibility of the mini-mart/carwash building from all four
sides, wrapping the stone veneer aides in giving the building the appearance of having multiple front
fac;ades. The East elevation provides the vehicular entrance to the carwash and the West elevation
provides the vehicular exit. Both elevations include stone veneer as a base treatment.
The East elevation also includes the proposed trash enclosure which has been designed to be
architecturally compatible with the main structure with multiple columns, a stucco finish and a stone
veneer base.
South Elevation
The rear (South) elevation faces the parking lot of the adjacent San Ramon Village Plaza shopping center
and the Willows residential town homes. The same architectural detailing found on the front and side
elevations would be carried over to the rear elevation providing the building with four-sided architecture.
In addition, metal trellis elements have been incorporated into the rear elevation and vines would be
planted at the base of the trellises to soften the building wall. The stone veneer base treatment from the
front and side elevations would wrap the building to the rear elevation where it would terminate at logical
stopping points. Stone veneer would not be applied to the entire rear elevation because it would not be
visible due to a proposed retaining wall which would be located on the property line between the car wash
building and the parking lot for the adjacent San Ramon Village Plaza commercial center. Because the
retaining wall would be visible from the parking lot of the adjacent San Ramon Village Plaza commercial
center, elements have been incorporated into the design of the wall to make it architecturally compatible
with the mini-mart and car wash buildings and to be aesthetically pleasing to adjacent properties. The
wall would be finished with stucco and would incorporate stone veneer faced columns at varying intervals
along the length of the wall. The columns and the wall would also include decorative caps. The wall
would vary in height from 5-feet at the east end (near the entrance to the car wash) to approximately 3-
feet on the west end (near the exit ofthe car wash) when viewed from the San Ramon Village Plaza side.
Modify the Freestanding Gas Pump Canopy
The canopy has been revised to include an asphalt tile roof to match the hip roofs on the mini-mart and
car wash building. The supporting posts now include a stone veneer base further tying the design of the
canopy to the main building.
Improve Architectural Detailing
As noted above, the architectural detailing ofthe mini-mart and car wash building has been enhanced with
the introduction of two tower elements with hip roofs, stone veneer columns and a stone veneer base. The
building also incorporates four-sided architecture through the wt:apping of materials on all four sides of
the building.
Enhance Landscaping along Alcosta Boulevard
The landscaping along Alcosta Boulevard would include four Photinia Praseri which is a moderate to fast
growing evergreen tree and has a mature height of 18-feet. Daylilies would be planted prominently in the
center of the landscape strip between the Photinia trees adding color to the landscaped area. Escalonia, a
4- foot high evergreen shrub with pink or white flowers, would be planted along the back edge of the
landscape planter. Lantana, also an evergreen shrub, would add vivid orange red flowers to the
30f5
landscaped area along Alcosta Boulevard. The combination of these plant materials will create a 'Jr~nib5'~
colorful landscaped edge along the street frontage.
Review by City Departments
The Public Works Department, Building Division, Fire Department, Police Services, and Dublin San
. Ramon Services District all previously reviewed the proposed project. Conditions of approval from these
agencies have been included in the proposed Resolution (Attachment 3).
NOTICING REQUIREMENTS:
In accordance with State Law, a Public Hearing Notice and Notice of Intent to Adopt a Negative
Declaration for the April 24, 2007 Planning Commission meeting was published in the local newspaper,
mailed to adjacent property owners and tenants within 300 feet of the subject property, and posted in at
least three public places.
ENVIRONMENTAL REVIEW:
The project has been reviewed in accordance with the California Environmental Quality Act (CEQA). An
Initial Study of Environmental Review was completed on June 6, 2006. Based on the Initial Study
prepared for the project, it has been determined that project will not have a significant impact on the
environment; therefore, a Negative Declaration has been prepared (Exhibit A, Attachment 1). A public
review period was held June 6, 2006 to June 26, 2006 (20 days). During the public review period no
comments were received on the project.
CONCLUSION:
The proposed reconstruction and expansion of the Alcosta Shell Service Station will be an improvement
to the existing service station. The new mini-mart, car wash, canopy, fuel dispensers, landscaping, and
other associated site improvements will enhance the image of the adjacent shopping center and residential
development. The proposed project, as conditioned, is consistent with the Dublin General Plan and the
proposed Zoning District in which the project site would be located and represents an appropriate project
for the site. The Rezone findings are included in Attachment 2, page 2 and the Conditional Use Permit
and Site Development Review findings are included in Attachment 3, pages 2-4.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; and
5) Adopt the following Resolutions: a) Resolution certifying a Negative Declaration (Attachment 1) for
the Alcosta Shell Service Station project at 8999 San Ramon Road, with Negative Declaration attached as
Exhibit A; b) Resolution recommending that the City Council approve a Rezone (Attachment 2) from C-
N, Neighborhood Commercial to C-2, General Commercial for the Alcosta Shell Service Station at 8999
San Ramon Road, with the proposed Ordinance attached as Exhibit A; c) Resolution approving a
Conditional Use Permit and Site Development Review (Attachment 3) for the Alcosta Shell Service
Station reconstruction/expansion at 8999 San" Ramon Road, with project plans attached as Exhibit A.
40f5
GENERAL INFORMATION
lf1 uo'3~
APPLICANT:
Kathy Kotulak-Hemmen, Consultant
C&J Cox Corporation
4431 Stoneridge Drive, Pleasanton, CA 94588
PROPERTY OWNER:
Carl A. and J an A. Cox
Cox - Tracy, Inc.
4431 Stoneridge Drive, Pleasanton, CA 94588
LOCATION:
8999 San Ramon Road, Dublin, CA 94568
ASSESSOR PARCEL NO.:
941-0164-001-07 and 941-0164-003-02
GENERAL PLAN
LAND USE:
Retail/Office
EXISTING ZONING:
C-N, Neighborhood Commercial
PROPOSED ZONING:
C-2, General Commercial
SURROUNDING USES:
Location Zoning General Plan Land Use Current Use of
PrODertv
Site C-N, Neighborhood Retail/Office Service Station and Car
Commercial Wash
North N/A (City of San Ramon) N/A (City of San City of San Ramon,
Ramon) Chevron Service Station
South and east PD, Planned Development Mixed-Use Commercial and Multi-
Familv Residential
West R-1, Single Family Single Family Single Family
Residential Residential Residential
(0.9 -6.0 dulacre)
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DRAFT
D3??b5"-lp
Lanning Commission Minutes
CALL TO ORDER/ROLL CALL
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, April 24,
2007, in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to
order at 7:08 p.m.
Present: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, and Tomlinson;
Mary Jo Wilson, Planning Manager; John Bakker, Assistant City Attorney; Marnie Nuccio,
Associate Planer; and Rhonda Franklin, Recording Secretary.
Absent: None
ADDITIONS OR REVISIONS TO THE AGENDA - NONE
MINUTES OF PREVIOUS MEETINGS
The April 10, 2007 minutes were approved with two revisions.
ORAL COMMUNICATIONS - NONE
CONSENT CALENDAR - NONE
WRITTEN COMMUNICATIONS - NONE
PUBLIC HEARINGS
8.1 PUBLIC HEARING: PA 06-013 - Rezone, Conditional Use Permit and Site
Development Review for a reconstruction/expansion of the Alcosta Shell Service
Station (Adjudicatory and Legislative Action).
Chair Schaub asked for the Staff Report.
Ms. Marnie Nuccio, Associate Planner, presented the specifics of the project as outlined in the
Staff Report.
Chair Schaub asked about the traffic circulation of the project. Ms. Nuccio pointed out the
traffic circulation on diagram.
Chair Schaub opened the public hearing.
Ms. Kathy Kotulak-Hemmen, Applicant, spoke in favor of the project.
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Cm. Tomlinson asked about the landscape plans. Ms. Kotulak-Hemmen explained that there is
not a lot of room on the project for landscaping and that the architect utilized every available
space for landscape.
Cm. Tomlinson suggested that the light poles be painted a color other than white to prevent a
glaring effect. Chair Schaub stated that the light poles should be consistent with the adjacent
commercial center. Ms. Kotulak-Hemmen stated that she would not have a problem matching
the light poles of the adjacent commercial center. Ms. Nuccio pointed out that Condition of
Approval No. 31 requires the style and finish of the light fixtures to be coordinated with the
light fixtures of the adjacent commercial center.
Cm. King asked about the color of the stucco on the building. Ms. Kotulak-Hemmen explained
that it would be the same as the adjacent commercial center.
Cm. Wehrenberg asked about the height of the retaining wall. Ms. Kotulak-Hemmen stated
that the wall would be 3-5 feet.
Cm. Biddle asked about the current status of the project. Ms. Kotulak-Hemmen explained that
they are currently working on the Master Sign Program and the building drawings.
Hearing no further comments, Chair Schaub closed the public hearing.
Vice Chair Wehrenberg stated that graffiti should be added to Condition of Approval No.9
regarding property maintenance. Ms. Nuccio pointed out that Condition of Approval No. 11
discusses graffiti as it relates to property maintenance.
On a motion by Cm. Biddle, seconded by Vice Chair Wehrenberg, and by a vote of 5-0-0, the
Planning Commission unanimously adopted:
RESOLUTION NO. 07 - 20
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
CERTIFYING A NEGATIVE DECLARATION FOR THE ALCOSTA SHELL SERVICE
STATION PROJECT AT 8999 SAN RAMON ROAD
APN 941-0164-001-07 and 941-0164-003-02
PA 06-013
RESOLUTION NO. 07 - 21
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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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
RESOLUTION NO. 07 - 22
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR
THE ALCOST A SHELL SERVICE STATION RECONSTRUCTION/EXP ANSION AT
8999 SAN RAMON ROAD
(APN 941-0164-001-07 and 941-0164-003-02941-0164-003-02, 01)
P A 06-013
8.2 PUBLIC HEARING: P A 06-026 - Dublin Gateway Medical Center Building 3
Hospital and Garage - Planned Development Rezone and Stage 1 and 2 Development
Plan, Conditional Use Permit, Site Development Review, and Development
Agreement (Legislative and Adjudicatory Actions).
Chair Schaub asked for the Staff Report.
Ms. Marnie Nuccio, Associate Planner, discussed the specifics of the project as outlined in the
Staff Report.
Chair Schaub asked for the definition of GFRC. Ms. Nuccio stated that GFRC is the acronym for
Glass Fiber Reinforced Concrete.
Chair Schaub asked about the height of the parking garage. Ms. Nuccio explained that there
would be 4 levels above ground and 1 level below ground and would be similar in height to the
existing medical office building.
Chair Schaub asked if the noise study completed for the project only covers the current project
plans and project description and does not incorporate future equipment that may be installed
at the site, and Ms. Nuccio said yes.
Cm. Biddle asked about the ambulance access route, and Ms. Nuccio pointed it out on the
diagram.
Vice Chair Wehrenberg asked if significant changes to the project would come before the
Planning Commission after the project is approved by the City Council. Ms. Nuccio explained
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that the City Council would review and be the final decision making body for significant
changes to the project. Chair Schaub and Vice Chair Wehrenberg expressed concerns about
making a decision on the project when the project is not at build-out and significant changes to
the project could occur in the future. Ms. Mary Jo Wilson, Planning Manager, stated that
significant changes to the project could be brought before the Planning Commission for
recommendation to the City Council.
Chair Schaub opened the public hearing.
Mr. Rick Needham, with Triad Partners, spoke in favor of the project on behalf of the Applicant.
Chair Schaub asked if it is possible to decrease the height of the office building by one story by
adding an underground floor. Mr. Needham explained that there is currently a sub grade level
that houses equipment.
Mr. Jim Terry, with Ware Malcolmb, spoke in favor of the project on behalf of the Applicant.
He stated that the 7th story is used to cover the mechanical equipment.
Cm. Biddle stated that because this is a hospital, he does not have a problem with the height of
the building.
Vice Chair Wehrenberg stated that she does not have a problem with the height of the building,
but is concerned about the potential future height of the building based on future tenants and
uses of the building. She stated that she would like the project to be brought before the
Planning Commission if the height of the building increases.
Cm. Tomlinson stated that the design of the building gives the perception of a 6-story building.
He stated that he is happy with the building architecture.
Cm. Biddle stated that he likes the idea of adding an underground level to the building. Ms.
Nuccio explained that adding an underground level would increase the square footage and
require further review and analysis of the project, as a basement is not a part of the current
proposal by the Applicant.
Cm. Tomlinson discussed architectural options to soften the corner element of the building. The
Planning Commission agreed that the corner element of the building should be softened.
The Planning Commissioners agreed that the architecture of the parking garage should be
consistent with the architecture of the existing medical office buildings. They discussed various
features that could be added to the parking garage that would make it more consistent with the
architecture of the existing medical office buildings. Mr. Needham stated that the development
team would certainly discuss any modifications with Staff.
Cm. Biddle and Vice Chair Wehrenberg expressed concerns about the parking capacity. Cm.
Biddle stated that he would like Staff to verify the adequacy of the parking capacity.
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Chair Schaub stated that he would like the parking structure to be re-addressed and brought
back to the Planning Commission.
Chair Schaub and Cm. Tomlinson expressed concerns about the functionality of the loading
dock and truck circulation on the site. They expressed concerns about safety and traffic
congestion in the area. Ms. Nuccio stated that the Public Works Department reviewed the
project plans and did not have any concerns with the loading dock or truck circulation.
Vice Chair Wehrenberg expressed concern about the trash bins located along Dublin Boulevard
near the emergency parking area. Chair Schaub and Cm. Tomlinson suggested that the trash
bins be moved to an internal location on the site and away from the emergency parking area.
Mr. Needham stated that he would consider another location for the trash bins.
Vice Chair Wehrenberg asked about the potential use of helicopters on the site. Mr. Needham
stated that helicopter pads were not included in the project description.
Vice Chair Wehrenberg stated that she is concerned about the potential occurrence of
ambulances, generators, and oxygen tanks. Ms. Wilson stated that the CEQA (California
Environmental Quality Act) analysis reviewed the potential noise and activity of the project and
found that it would not be a significant effect to the environment.
Vice Chair Wehrenberg stated that mechanical equipment on the site could be a visual and
audible distraction to the site. She asked if sound control elements could be incorporated
around noisy equipment. Ms. Nuccio stated that the Conditions of Approval discuss equipment
screening on the site and that Staff would look into requesting sound control elements to
attenuate noisy equipment on the site. Ms. Nuccio pointed out that there is a sound wall that
separates the nearest residential homes from Dublin Boulevard. Cm. Tomlinson commented
that the shape of the building may serve as a noise barrier to residents and direct noise to 1-580.
Cm. Biddle asked about the public notification process for the project, and Ms. Nuccio
explained the process.
Cm. King expressed concerns about the truck circulation and loading dock area on the site. The
Planning Commission and the Applicants discussed options for making the area more
functional. Staff stated that they would work with the Applicant on the various options.
Ms. Jennifer Kim, resident, had several concerns about the project regarding noise, traffic, and
parking. The Planning Commission and Staff addressed each of Ms. Kim's concerns.
Hearing no further comments, Chair Schaub closed the public hearing.
Chair Schaub recapped the items the Planning Commission would like the Applicant to
address:
· Soften the corner element on the Dublin Boulevard/Glynnis Rose corner of the medical
office building.
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· Make the loading dock more functional for trucks to maneuver.
· Move the trash bins to a more internal area of the site.
· Make the architecture of the parking garage consistent with the architecture of the existing
medical office buildings.
· Review landscaping adjacent to the parking garage
The Planning Commissioners stated that they still have concerns regarding parking capacity
and would like a parking analysis to be completed. The Planning Commissioners stated that
they would like significant changes to the project to be brought before the Planning
Commission. They further stated that they would like potential generator locations to be
internalized within the site and away from the street.
Ms. Wilson stated that Staff's recommendation to the Planning Commission, based on the
number of significant concerns raised by the Planning Commission, is to have the Staff address
the concerns with the Applicant and continue the application to a future Planning Commission
meeting.
Mr. Needham asked the Planning Commission if he could speak. The Planning Commission
voted to re-open the public hearing. Mr. Needham reviewed the Planning Commission's
concerns and requested that the Planning Commission approve the project and allow the
Applicant to work with Staff on the necessary modifications.
Hearing no further comments, Chair Schaub closed the public hearing.
On a Motion by Cm. Biddle, seconded by Cm. King, and by a vote of 5-0-0, the Planning
Commission unanimously decided to continue the item to the May 8, 2007 Planning
Commission meeting.
NEW OR UNFINISHED BUSINESS - NONE
OTHER BUSINESS
10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff,
including Committee Reports and Reports by the Planning Commission related to
meetings attended at City Expense (AB 1234).
Ms. Mary Jo Wilson, Planning Manager, reminded the Planning Commission about the
upcoming Geological Hazard Assessment District (GHAD) seminar.
Cm. Tomlinson informed the Planning Commission that he plans to inquire about getting a
sound wall installed along the sport's field near City Hall due to the noise from the freeway.
Chair Schaub asked about the status of the blacked-out windows of the video store on Dublin
Boulevards. Ms. Wilson stated that Staff continues to work with owner.
ADJOURNMENT - The meeting was adjourned at 9:30 p.m.
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Respectfully submitted,
Planning Commission Chair
ATTEST:
Planning Manager
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