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HomeMy WebLinkAboutPC Reso07-56 Appv CUP Chevron Gas Station PA07-040 RESOLUTION NO. 07- 56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING CONDITIONAL USE PERMIT TO INSTALL AN ELECTRONIC GASOLINE PRICE DISPLAY SIGN AT THE CHEVRON GAS ST A nON AT 7007 SAN RAMON ROAD ASSESSOR PARCEL NUMBER 941-03H5-007-02 PA 07-040 WHEREAS, the Applicant, Gettler-Ryan Inc., has requested approval of a Conditional Use Permit to install an electronic gasoline price display sign at the Chevron Gas Statim at 7007 San Ramon Road; and WHEREAS, electronic signage is permitted in the C-l Zoning District with approval of a Conditional Use Permit; and WHEREAS, the General Plan land use designation for the projed site is Retail/Office and the zoning is Retail Commercial; and WHEREAS, the parcel is currently occupied by a 920 square foot Mini Mart and a 12-pump Chevron gasoline station; and WHEREAS, the existing use of the property (gas station) is nc,t proposed to be modified and the gas station is in conformance with the original Conditional Use Permit and Site Development Review approved by the Planning Commission on August 7,1989 (PA 89-063) for the IJperation ofa gasoline service station; and WHEREAS, Conditions of Approval recommended for the project will ensure that the change to the sign does not produce any negative visual or aesthetic impacts; and WHEREAS, the proposed project, as conditioned, is consisten: with the Dublin General Plan and the Zoning District in which it is located, and represents an appropriate prClject 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 nviewed 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 noticed public hearing on said application on November 13,2007; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission application be 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 to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find the following: A. The electronic price sign, as conditioned, is compatible with other land uses, transportation and service facilities in the vicinity because: 1) the proposed use will be compatiJle with the existing use and the type and nature of operations is typically found in the neighborhood; 2) the General Plan land use designation for the area is Retail/Office and the zoning is Retail Commercial, which includes shopping centers, stores, restaurants, businesses and professional offices, motels, service stations and the sale of auto parts; and 3) the use of an electronic sign to display the price of gasoline is a typical use for service stations. B. The electronic price sign, as conditioned, will not adversely affect tlte health or safety of persons residing or working in the vicinity, or be detrimental to the public health. safety and welfare because: 1) as conditioned, the sign must be maintained and the electronic numbers may not blink to ensure adequate safety of the site and the vicinity. C. The electronic price sign, as conditioned, will not be injurious to property or improvements in the neighborhood because: the electronic sign will be located at an existi 19 service station and electronic sings are conditionally permitted in this zoning district. D. There are adequate provisions for public access, water, sanitaticn, 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 because: the site currently receives all public services and the proposed addition of the electronic sign is not anticipated to require any additional services. E. The subject site is physically suitable for the type, density ana' intensity of the use being proposed because: 1) the proposed project does not change the use of the site; :~) the project conforms to the General Plan land use for Retail/Office; 3) an electronic sign is allowed in the C-l zoning district with a Conditional Use Permit; and 4) an electronic sign is compatible with the use of the service station because the sign will be used to display gasoline price services only. F. The electronic price sign is not contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because: the zoning ordinance allows electronic signage in C- I districts as a conditional USt:. G. The electronic price sign is consistent with the Dublin General Plan because: the project site is designated as Retail/Office which allows gas stations, of which the electronic price sign is a part of. BE IT FURTHER RESOL VED THAT THE Dublin Planning Commission does hereby approve P A 07-040, a Conditional Use Permj t to install an electronic gasoline price display sign at the Chevron Gas Station at 7007 San Ramon Road, subject to the following Conditions of Approval below: CONDITION TEXT I RESFON. WHEN REQ'D SOURCE AGENCY Prior to: GENERAL 1. Permitted uses. This Conditional Use Permit IS for the PI, On-going Planning installation of an electronic price display at the Chevron Gas Station located at 7007 San Ramon Road, PA 07-040. The project shall generally conform to the project plans submitted by Gettler-Ryan Inc. received September 6, 2007, on file in the Community Oevelopment Department, and other plans, text, and diagrams relating to this Conditional Use Permit, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration and Time Extension. Approved use shall Pi One year from DMC commence or demonstrate substantial progress toward date of approval 8.96.020.D commencement within one (1) year of CUP approval. andE Otherwise, the CUP shall lapse and become null and void, in which case a new application must be made and processed. The original approving decision-maker may grant a time extension for a period no longer than six (6) months given that the Applicant submits a written request for an extension of approval prior to expiration and that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. Disputes over permit expiration and time extension requests may be publicly noticed and heard before the City Council. 3. Approval Period. This Conditional Use Permit approval shall PI. On-going Planning be null and void in the event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. 4. Annual Review. On an annual basis, this Conditional Use PL,PO On-going Planning Pennit approval may be subject to a review by the Planning Manager to determine compliance with the Conditions of Approval. 5. Revocation. The Conditional Use Pelmit shall be revocable for PI. On-going DMC cause in accordance with Dublin Zoning Ordinance Section 8.96.020.1 8.96.020.1, Revocation. Any violation of the terms of the terms and conditions of this permit may be subject to the issuance of a citation. 6. Clean-up. The Applicant/Developer shall be responsible for PI. Ongoing Planning clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 7. Modifications (CUP). Modifications or minor changes to the PI. Ongoing DMC Conditional Use Permit approval may be considered by the 8.100.080 Community Development Director if the modifications or changes proposed comply with Section 8.100.080 of the Zoning Ordinance. 8. Controlling Activities. The Applicant/Developer shall control PI. Ongoing Planning all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 9. Nuisance. The Applicant shall control all business activity so PI. On-going DMC as not to create a public or private nuisance to the existing and 5.28.020 surrounding businesses and residents. 10. Approved Signage. The design, colors, illumination, size and PI. On-going Planning location of all signs shall be as shown and indicated on the approved site plan. 11. Maintenance. All signs shall be maintained in a well-kept and PI. On-going Planning viable condition at all times. All signs and sign components designed to illuminate shall remain operational. 12. LED Electronic Display Sign. The electronic number display PL On-going Planning shall not flash or be animated in any way. The numbers shall be displayed in a static fashion, changing only when the gas price is updated. The electronic number display shall not display text, only the price per gallon. BUILDING DIVISION 13. Fees. The Applicant shall pay all applicable fees in effect at the B Issuance of Standard time of building permit issuance, including, but not limited to, Building Permits 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 Conser\'ation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing improvements. 14. Building Codes and Ordinances. All project construction shall B Through Building conform to all building codes and ordinances in effect at the Completion time of building permit. 15. 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 permits. 16. 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 Califomia 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. 17. Addressing. Address will be required on all doors leading to B Prior to Final Building the exterior of the building. Addresses shall be illuminated and be able to be seen from the street,S inches in height minimum. 18. Engineer Observation. The Engineer of record shall be B Prior to frame Building retained to provide observation services for all components of inspection 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. 19. Temporary Fencing. Temporary Construction fencing shall be B Through Building installed along perimeter of all work under construction. Completion FIRE PREVENTION DIVISION 20. Code CompHance. The project shall comply with Uniform Building and Fire Codes as adopted by the City of Dublin. A final inspection for compliance is required. PUBLIC WORKS 21. 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. 22. 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. 23. Conditions of Approval. A copy of the Conditions of Approval which has been amlOtated 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. 24. 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 ill advance by the City Engineer/Public Works Director. 25. 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 Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request fonn 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. 26. Damage/Repairs. The Applicant/Developer shall be responsible for the repair of any damaged pavement, curb & F PW PW PW PW PW PW Through completion Prior to approval of Improvement Plans Through completion of Improvements With each submittal of Improvement Plans During Construction and Prior to Final During Construction Acceptance of improvements by Fire Public Works Public Works Public Works Public Works Public Works Public Works gutter, sidewalk, or other public street facility resulting from construction ~ctivities associated with the development of the project. 27. 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. 28. Required Permits. An encroachment permit from 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 Department. 29. Fees. The Developer 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. DUBLIN POLICE SERVICES City Council PW On-going PW Various Times and Prior to issuance of Building Permit PW Issuance of Building Permit PO On-going 30. The Applicant shall comply with all applicable City of Dublin Non Residential Security Ordinance requirements. DSRSD (Dm~LIN SAN RAMON SERVICES DISTRICT) 31. Standard facilities. Prior to issuance of any building permit, DSRSD Prior to issuance 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. 32, Fees. Prior to issuance by the City of any Building Permit or DSRSD Prior to issuance 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. 33. Indemnification. The Applicant shall hold DSRSD, its 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 project. On-going DSRSD Public Works Public Works Public Works Police DSRSD DSRSD DSRSD PASSED, APeROVED, AND ADOPTED this 13th day of November 2007. A YES: Schaub, Wehrenberg, Biddle and King NOES: None ABSENT: Tomlinson ABSTAIN: None ;A/ ~;f~ Planning Commis~;ion Chairperson ATTEST: 1\:1. 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