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Home My WebLink About4.02 Alcosta Shell Rezone CITY CLERK File # D~[3J[Q]-~[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 5, 2007 SUBJECT: PA 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 ATTACHMENTS: Ordinance 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. RECOMMENDATION~Waive reading and adopt Ordinance approving a Rezone for the j 1 Alcosta 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 Alcosta Shell Service Station is located at 8999 San Ramon Road, on the southeast comer of San Ramon Road and Alcosta Boulevard, adjacent to the San Ramon Village Plaza commercial center. The site is currently zoned C-N, Neighborhood Commercial 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 establishment and operation of a service station at 8999 San Ramon Road. At the time the Conditional Use Permit was approved, the site was zoned C-N, Neighborhood Business District and service stations were allowed subject to the approval of a Conditional Use Permit. The service station has continued to operate in this location since 1969 and over the years additional Conditional Use Permits have been approved for the construction of a cashier booth, storage building, restrooms, and car wash. COPIES TO: Applicant, Property Owner Rick Corbett, Matt Ford In-House Distribution ITEM NO..!l.2 Page 1 of2 G:\PA#\2006\06-013 Shell Gas Station Remodel\CC\CCSR 2nd Reading 06-0S07.doc Since the establishment of the service station, the City of Dublin became an incorporated city (in 1982) and in 1997 a comprehensive revision to the Dublin Zoning Ordinance was adopted. Upon adoption of the revised Zoning Ordinance, the list of permitted and conditional uses within the C-N Zoning District was changed. Service Stations continued to be allowed with the approval of a Conditional Use Permit; however, mini-marts and carwashes were not permitted uses. The Applicant, Kathy Kotulak-Hemmen, on behalf of the property owner, C&J Cox Corporation, is requesting approval of a Rezone to change the zoning designation on the property at 8999 San Ramon Road from C-N, Neighborhood Commercial to C-2, General Commercial in order to allow 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. ANALYSIS: The C-N, Neighborhood Commercial zoning designation allows service stations as a conditional use, but does not permit car washes or mini-marts. The existing car wash was approved in 1981 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 adopted a Resolution on April 24, 2007 recommending City Council approval of the Rezone request and on May 15, 2007, the City Council waived the first reading and introduced an Ordinance approving the Rezone request from C-N, Neighborhood Commercial to C-2, General Commercial. 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 City Council waive reading and adopt Ordinance 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. Page 2 of2 /13 ORDINANCE NO. XX - 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************* APPROVING A REZONE FOR THE ALCOSTA SHELL SERVICE STATION PROPERTY LOCATED AT 8999 SAN RAMON ROAD FROM C-N, NEIGHBORHOOD COMMERCIAL TO C-2, GENERAL COMMERCIAL PA 06-013 The City Council of the City of Dublin does ordain as follows: SECTION 1: FINDINGS A. Pursuant to Sections 8.24.010 and 8.24.020.D 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 @ 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 ofthe 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. 1 of 3 Xfe m #' 4-' 2- 14.... o....u1 ATTACHMENT. 2ef3 4. The proposed amendment is consistent with the Dublin General Plan, which designates the property as Retail/Office. C. Pursuant to the California Environmental Quality Act, the City Council certified a Negative Declaration for the Project on May 15, 2007, incorporated herein by reference. SECTION 2. MAP OF THE PROPERTY Pursuant to Chapter 8.120, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the following property ("the Property") from C-N (Neighborhood Commercial) to a C-2 (General Commercial) Zoning District: An approximately 23,747 square foot site located at 8999 San Ramon Road, east of San Ramon Road, south of Alcosta Boulevard and north and west of the San Ramon Village Shopping Center and Willow's Residential Development. (APN: 941-0164-001-07 and 941- 0164-003-02). A map of the rezoning area is shown below: Vicinity Map 20f3 3~3 SECTION 3. APPROVAL The regulations for the use, development, improvement, and maintenance of the Property are set forth in the Chapter 8.24 of the City of Dublin Municipal Code (Dublin Zoning Ordinance), Commercial Zoning Districts. SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 ofthe Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 5th day of June 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 30f3