HomeMy WebLinkAboutPC Reso07-57 Appv SDR Chevron Gas Station PA07-040
RESOLUTION NO. 07- 57
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING SITE DEVELOPMENT REVIEW TO ALLOW EXTERIOR MODIFICATIONS AT
THE CHEVRON GAS STATION AT 7007 SAl'I RAMON ROAD
ASSESSOR PARCEL NUMBER 941-0305-007-02
PA 07-040
WHEREAS, the Applicant, Gettler-Ryan Inc., has requested a:)proval of a Site Development Review
to make exterior modifications at the Chevron Gas Station at 7007 San Ramon Road; and
WHEREAS, the General Plan land use designation for the projt:ct site is Retail/Office and the zoning is
Retail Commercial; and
WHEREAS, the parcel is cun'ently occupied by a 920 square Dlot Mini Mart and a 12-pump Chevron
gasoline station; and
WHEREAS, the applicant is proposing exterior modifications to the site, which include replacing the
existing lighting in the canopy with blue LED lighting, updating the logos and wordmarks on the canopy,
replacing the graphics on the dispensers, replacing the existing trash valets with new ones, adding pump
identifying flags on the sides of the columns, replacing the decals en the dispensers, ref acing the existing
monument sign faces, re-painting the convenience store, and replLcing the existing gasoline dispensing
facilities with a vapor recovery system; and
WHEREAS, because the actual use of the property is not changing, the use is in conformance with
the original Conditional Use Permit and Site Development Review approved by the Planning Commission
on August 7, 1989 (P A 89-063) for operation of a gasoline service station; and
WHEREAS, Conditions of Approval recommended for the ptoject will ensure that the change to the
service station does not produce any negative visual or aesthetic impacts; and
WHEREAS, the proposed project, as conditioned, is consistent with the Dublin General Plan and the
Zoning District in which it is located, and represents an appropriate project for the site; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines
and City environmental regulations, require that certain projects be reviewed for environmental impact and
that environmental documents be prepared; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), according to the CEQA Guidelines, Section 15301 (Minor alterations to
existing facilities); and
WHEREAS, the Planning Commission held a properly notict:d public hearing on said application on
November 13, 2007; and
WHEREAS, the Staff Report was submitted recommending that the Planning Commission
application b~ conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove set forth and used their independent judgment t,) make a decision.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find
the following:
A. Approval of this application is consistent with the purpose and .;ntent of this Chapter because: 1) the
proposed modifications will be compatible with the adjacent building:; 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 ~ny 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 because: 1) the project site is designated as
Retail/Office; 2) the service stations are allowed in the C-l zoning district with a Conditional Use Permit;
and 3) the proposed exterior changes are minor in scope and the use ofthe service station is not changing.
C. The approval will not adversely affect the health or safety of pers 'Jns residing or working in the vicinity,
or be detrimental to the public health, safety and general welfare because: 1) the proposed use type as a
service station will remain the same; and 2) updating the existing facility will conform to current building
and safety codes and, therefore, not impact the health, safety and general welfare of persons.
D. The approved site development, including site layout, structUi'es, vehicular access, circulation and
parking, setbacks, height, walls, public safety and similar elements, has been designed to provide a desirable
environment for the development, because: the use of the property has an existing gasoline service station
which is remaining and, therefore will be in conformance with the original Conditional Use Permit and Site
Development Review approved by the Planning Commission on August 7, 1989 (PA 89-063).
E. The subject site is physically suitable for the type, density ani intensity of the use being proposed
because: 1) the proposed project consists of minor modifications to an existing service station; 2) the
proposed project does not change the use of the site; and 3) the project conforms to the General Plan land use
for Retail/Office.
F. There will be no impact to views in that the proposed improvements will not detrimentally change the
visual character of the site because: views of the site are limited to the immediate area due to the relatively
flat topography ofthe site, as well as the presence of surrounding devdopment.
G. There will be no impacts to existing slopes and topographic featwes because: the proposed modifications
will occur on a site that is already developed.
H. The approval of this Site Development Review is consistent with t/le Dublin General Plan because: 1) the
site is designated as Retail/Office which permits a variety of services; and 2) the proposed project will result
in exterior improvements to the site which is compatible with the intent of the General Plan which
encourages enhancements of older sites.
BE IT FURTHER RESOLVED THAT THE Dublin PlanrJing Commission does hereby approve
PA 07-040, a Site Development Review to allow exterior modificatie,ns to the Chevron Gas Station at 7007
San Ramon Road, subject to the following Conditions of Approval below:
CONDITION TEXT C:;PON. WHEN REQ'D SOURCE
AGJi<:NCY Prior to:
GENERAL
1. Permitted uses. This Site Development Permit is for exterior PL On-going Planning
modifications to the Chevron Gas Station located at 7007 San
Ramon Road, PA 07-040. The changes include replacing the
existing lighting in the canopy with blue LED lighting, updating
the logos and wordmarks on the canopy, replacing the graphics on
the dispensers, replacing the existing trash valets with new ones,
adding pump identifying flats on the sides of the columns,
replacing the decals on the dispensers, and refacing the existing
monument sign faces with new and repainting the convenience
store. The project shall generally conform to the project plans
submitted by Gettler-Ryan Inc., received September 6, 2007, on
file in the Community Development Department, and other plans,
text, and diagrams relating to this Site Development Review,
unless modified by the Conditions of Approval contained herein.
2. Accessory/Temporary Structures. The use of any accessory or PL Ongoing DMC
temporary structures, such as storage sheds or trailer/container 8.108
units used for storage or for any other purposes, shall be subject to
review and approval by the Community Development Director.
3. Clean-up. The Applicant/Developer shall be responsible for PL Ongoing Planning
clean-up and disposal of project related trash to maintain a safe,
clean, and litter-free site.
4. Modifications (SDR). Modifications or minor changes to the Site PL Ongoing DMC
Development Review approval may be considered by the 8.100.080
Community Development Director if the modifications or changes
proposed comply with Section 8.104.100 of the Zoning
Ordinance.
5. Controlling Activities. The Applicant/Developer shall control PL Ongoing Planning
all activities on the project site so as not to create a nuisance to
the existing or surrounding businesses and residences.
6. Property Maintenance. The Applicant and/or Property Owner PL On-going DMC 5.64
shall keep the property maintained in a safe, clean, and litter-free
condition at all times.
7. Graffiti. The Applicant and/or Property Owner shall keep the PL On-going DMC 5.68
site clear of graffiti vandalism on a regular and continuous basis
at all times. Graffiti resistant materials should be used.
8. Nuisance. The Applicant shall control all business activity so as PL On-going DMC
not to create a public or private nuisance to the existing and 5.28.020
surrounding businesses and residents.
9. Noise. Loudspeakers shall be controlled at a low level as so not PL,PO On-going DMC 5.28
to create a public or private nuisance to the existing and
surrounding businesses and/or residential neighborhoods. No
amplified music shall be allowed outside the enclosed buildings.
10. Temporary Promotional Banners and Balloons. Temporary PL On-going DMC
Promotional Banner Signs and Balloons shall only be permitted 8.84.050
after first securing an approved Temporary Promotional Sign
Permit. Any sIgnage on site shall be subject to the SIgn
requirements contained in the City of Dublin Municipal Code.
11. Sign age. No temporary signs are permitted on the site without the
approval of a Zoning Clearance. Any temporary sign must be in
conformance with the Sign Regulations of the Dublin Municipal
Code, and in particular, Section 8.84.050(T).
12. Approved Sign age. The design, colors, illumination, size and
location of all signs shall be as shown and indicated on the
approved site plan.
13. Maintenance. All signs, including the LED along the canopy,
shall be maintained in a well-kept and viable condition at all
times. All signs and sign components designed to illuminate shall
remain operational.
14. Wall Mounted Signage. Wall mounted signs shall be placed flat
against the building wall of the tenant's occupied frontage. All
mounting holes from previous signs shall be repaired and walls
repainted prior to mounting the new signs.
15. A-Frame Signs. The use of any A-Frame, portable, 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 outside events shall be subject to the
Temporary Use Permit requirements contained in the City of
Dublin Municipal Code, specifically Section 8.108.020.
17. Colors. The exterior paint color of the food mart shall be southern
breeze (cream/tan). The Applicant shall maintain the existing
unfinished split-face c.oncrete block on the base of the monument
sign and the columns to remain.
18. Hours of Operation. The approved hours of operation are 24
hours a day, 7 days a week. The Applicant shall be responsible for
ensuring that activities in the parking lot and noise are maintained
in a manner that minimizes the impacts on surrounding businesses
and residents.
19. Trash and Waste Accumulation. The Applicant or any future
owner shall provide and conduct regular maintenance of the site
in order to eliminate and control the accumulation of trash,
excess/waste materials and debris.
LANDSCAPING
20. Damaged Landscaping. Any landscaping which is damaged as a
result of the installation of the signs or any improvements
associated with this permit shall be replaced prior to Final
Building Inspection.
BUILDING DIVISION
21. Fees. The Applicant shall pay all applicable fees in effect at the
time of building permit issuance, mcluding, but not limited to,
Planning Fees, Building Fees, Dublin San Ramon Service District
fees, Public Facilities fees, Tri Valley Transportation fees,
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On-going
On-going
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On-going
Prior to Final
Issuance of
Building Permits
DMC
8.84.150
Planning
Planning
Planning
DMC
8.84.150
DMC
8.108.020
Planning
Planning
Planning
Standard
Downtown Traffic Impact Fee, Dublin Unified School District
impact fees, City of Dublin Fire Bureau fees, Noise Mitigation
fees; Incluslonary 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.
22. Building Codes and Ordinances. All project construction shall B Through Building
conform to all building codes and ordinances in effect at the time Completion
of building permit.
23. Building Permits. To apply for building permits, . B Issuance of Building
Applicant/Developer shall submit eight (8) sets of construction Building Permits
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 pernlits.
24. Construction Drawings. Construction plans shall be fully B Prior to issuance Building
dimensioned (including building elevations) accurately drawn of building permits
(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.
25. Addressing. Address will be required on all doors leading to the B Prior to Final Building
exterior of the building. Addresses shall be illuminated and be
able to be seen from the street, 5 inches in height minimum.
26. Engineer Observation. The Engineer of record shall be retained B Prior to frame Building
to provide observation services for all components of the lateral inspection
and vertical design of the building, including nailing, hold downs,
straps, shear, roof diaphragm and stIUctural frame of building. A
written report shall be submitted to the City Inspector prior to
scheduling the final frame inspection.
27. Temporary Fencing. Temporary Construction fencing shall be B Through Building
installed along perimeter of all work under construction. Completion
FIRE PREVENTION DIVISION
28. Environmental Health. Approval shall be obtained from the
Alameda County Department of Environmental Health regarding
the changes proposed to the gasoline dispensers and installation of
the new Phase II enhanced vapor recovery system.
29. Environmental Health. The requirements of the Alameda County
Department of Environmental Health Certified Unified Program
Agency (CUPA) shall be met, which includes submitting a
Hazardous Materials Business Plan (HMBP).
30. Code Compliance. The project shall comply with Uniform F Through Fire
Building and Fire Codes as adopted by the City of Dublin. A final completion
inspection for compliance is required.
PUBLIC WORKS
31. 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.
32. Hold Harmless/Indemnification. lbe Developer shall defend,
indenmify, 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, indenmify, and hold hannless 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.
33. 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.
34. Storm Drain Improvements. Applicant/Developer shall
construct all required storm drain lmprovements in accordance
with a site-specific hydrology/hydraulic analysis and/or specified
by the Public Works Director. Plans submitted for the storm drain
improvements shall include full drainage pattern for the entire
parking lot.
35. Disabled Parking. All existing disabled parking stalls and
walkways shall be upgraded to meet current State Title 24
requirements, including providing curb ramps at each loading
zone.
36. Disabled Access. Provide an accessible walkway from the public
sidewalk to the building entrance per California Building code
requirements. Said walkway shall be a 4'-minimum width with
compliant curb ramps at transitions between the walkway and
drive aisle crossing. Note that minor adjustments to the existing
landscaping and irrigation system will be necessary to install the
walkway.
37. 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 Section 8.76.070(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
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Prior to approval
of Improvement
Plans
Through
completion of
Improvements
With each
submittal of
Improvement Plans
Issuance of
Grading/Site work
Permit
Prior to Final
Prior to Final
Prior to Final
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
space where one or both sides abuts a landscaped area or planter.
Wheel stops ~s necessary shall be provided at the parking stalls.
38. Signs and Pavement Markings. The Applicant/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
2) Any other SignS and markings deemed reasonably
necessary by the City Engineer and/or Public Works
Director during final design and/or construction
39. 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.
40. Construction Hours. Construction and grading operations shall
be limited to weekdays (Monday through Friday) and non-City
holidays between the hours of 8:00 a.m. and 5:30 p.m. The
ApplicantlDeveloper may request penmsslOn to work on
Saturdays and/or holidays between the hours of 8:30 am and 5:00
pm by submitting a request form to the City Engineer no later than
5:00 pm the prior Wednesday. Overtime inspection rates will
apply for all Saturday and/or holiday work.
41. Damage/Repairs. The ApplicantlDeveloper shall be responsible
for the repair of any damaged pavement, curb & gutter, sidewalk,
or other public street facility resulting from construction activities
associated with the development of the project.
42. Graffiti. The Applicant/Developer and/or building tenant(s) shall
keep the site clear of graffiti vandalism on a regular and
continuous basis. Graffiti resistant paint for the structures and
film for windows or glass shall be used whenever possible.
43. Required Permits. An encroachment permit from the Public
Works Department may be required for any work done within the
public right-of-way. Applicant/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 Department.
44. Fees. The ApplicantlDeveloper shall pay all applicable fees in
effect at the time of building permit issuance including, but not
limited to, Planning fees, Building fees, Dublin San Ramon
Services District fees, Public Facilities fees, Dublin Unified
School District School Impact fees, Public Works Traffic Impact
fees, Fire Services fees; Noise Mitigation fees, Inclusionary
Housing In-Lieu fees; Alameda County Flood and Water
Conservation District (Zone 7) Drainage and Water Connection
fees; and any other fees as noted in the Development Agreement.
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Prior to Final
During
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During
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Acceptance of
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City Council
On-going
Various Times and
Prior to issuance
of Building Permit
Issuance of
Building Permit
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
Public
Works
DUBLIN POLICE SERVICES
45. The Applicant shall comply with all applicable City of Dublin PO On-going Police
Non Residential Security Ordinance requirements.
46. Addressing and building numbers shall be visible from the PO On-going Police
approaches to the building. If there are exterior doors on the rear,
the business names and addresses are to be painted on the door in
contrasting color.
47. Exterior landscaping shall be kept at a minimal height and PO On-going Police
fullness reducing someone's ability to conceal themselves.
48. The Applicant shall keep the site clear of graffiti vandalism on a PO On-going Police
regular and continuous basis at all times. Graffiti resistant
materials should be used. Graffiti shall be removed as soon as
detected.
DSRSD (DUBLIN SAN RAMON SERVICES DISTRICT)
49. Standard facilities. Prior to issuance of any building permit, DSRSD Prior to issuance DSRSD
complete improvement plans shall be submitted to DSRSD that of any building
conform to the requirements of the Dublin San Ramon Services permit
District Code, the DSRSD "Standard Procedures, Specifications
and Drawings for Design and Installation of Water and
Wastewater Facilities", all applicable DSRSD Master Plans and
all DSRSD policies.
50. Fees. Prior to issuance by the City of any Building Permit or D:mSD Prior to issuance DSRSD
Construction Permit by the Dublin San Ramon Services District, of any permit
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.
5!. Indemnification. The Applicant shall hold DSRSD, its Board of DSRSD On-going DSRSD
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 project.
th
PASSED, APPROVED, AND ADOPTED thIS 13 day of November 2007.
AYES:
NOES:
ABSENT:
Schaub, Wehrenberg, Biddle and King
None
Tomlinson
ABSTAIN: None
;:/~r ~
Planning Commi 5sion Chairperson
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