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HomeMy WebLinkAboutPCReso 97-26 PA97-033 Shell Gas CUP RESOLUTION NO. 97 - 26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 97-033 CONDITIONAL USE PERMIT REQUEST FOR SHELL GASOLINE STATION WHEREAS, RHL Design Group has requested approval of a Conditional Use Permit for gasoline station with a drive-through car wash in a Planned Development Zoning District at Hacienda Crossings Retail and Entertainment Center; and WHEREAS, the proposed project is a component of the Santa Rita Commercial Center Project. That project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration (94113020) has been approved for the Santa Rita Commercial Center Project. That Mitigated Negative Declaration together with the Program EIR adequately describes the total project for the purposes of CEQA; WHEREAS, based on staff analysis it has been concluded that the proposed Conditional Use Permit falls within the analysis completed as part of the Mitigated Negative Declaration (SCH 94113020) and that no additional impacts have been identified; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on November 10, 1997; and WHEREAS, the Staff Report was submitted recommending that the 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 hereby find that: The proposed use serves the public need by providing a location for gasoline service and a drive through car wash in an area where none presently exists. The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be conveniently located near a freeway interchange and main arterial streets. In addition, it will be located an area designated for other commercial services. Additionally, conditions of approval will ensure ongoing compatible with adjacent commercial uses. The proposed use will not materially adversely affect the health of safety of persons residing or working the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. The project is consistent with the intent of the Planned Development Zoning District which encourages large scale commercial uses. Additionally, the drive-through car wash, while not mentioned in the Planned Development Zoning District, is a Conditional Use in the C-1 Zoning District, the base district for the Planned Development. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and the Eastern Dublin Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 97-033 Conditional Use Permit for Shell Gasoline Station as generally depicted by the staff report and the materials labeled Exhibit A to the Staff Report, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions: 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 sub!ect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [BI Building. [PO] Police, [PVV] Public Works [ADM] Administration/City Attorney, [FIN} Finance. [FI Alameda County Fire Department. [DSR] Dublin San Ramon Services District. [CO] Alameda County Department of Environmental Health. NO CONDITION TEXT RESPON. WHEN MATRIX AGENCY REQ. INDEX GENERAL CONDITIONS 1 This approval shall become null and void in the event the PL Ongoing approved use ceases to operate for a continuous one-year period. 2 This permit shall be revocable for cause in accordance with PL Ongoing Section 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 3 The Developer/Property Owner shall be responsible for clean- PL Ongoing up and disposal of project related trash to maintain a clean, litter-free site. 4 Prior to the issuance of building permit all applicable fees shall B, PL, BLDG 45-59, be paid. These fees shall include, but not be limited to, those ADM 119, 286, fees required by City Ordinances such as Traffic Impact Fees, 165 Traffic impact fees to reimburse Pleasanton for freeway interchanges, Noise Fees, Public Facilities Fees, School impact fees, Fire impact fees, Affordable housing in-lieu fees, Specific plan implementation fees, or any other that may be adopted. The Tri-Valley Transportation Council is presently studying the development of a Regional Transportation Impact Fee. If this fee is adopted by the City of Dublin, or incorporated into Dublin's Eastern Dublin Traffic Impact Fee prior to building permits being issued, then the unissued building permits shall be subject to the new or revised fee. The TIF will be calculated at the time of Finaling of any Building permit. In addition, all fees required by DSRSD, ACF, Zone 7, shall be paid in accordance with those Agencies' ordinances and regulations. 2 NO CONDITION TEXT RESPON, WHEN MATRIX AGENCy REQ. INDEX 5 The Developer shall comply with applicable Alameda County F, PW, BLDG 8, 15, 18, Fire, Dublin Public Works Department, Dublin Building PO, Z7, 20, 120, Department, Dublin Police Service, Alameda County Flood DSR, PL 122, 138, Control District Zone 7, Alameda County Public Health, and 155 Dublin San Ramon Services District requirements. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 6 To apply for building permits, the Developer shall submit nine B BLDG (9) sets of construction plans together with final site plan and landscape plans to the Building Department 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 be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Developer will be responsible for obtaining the approvals of all participating non- City agencies prior to the issuance of building permits. 7 The Developer shall comply with all applicable City of Dublin PW Ongoing N/A Public Works Typical Conditions of Approval for Subdivisions, all applicable City of Dublin Site Development Review Standard Conditions and the City of Dublin Non-Residential Security Requirements (Exhibit C to the Staff Report). In the event of conflict between these referenced documents and these Conditions of approval, these Conditions shall prevail. 8 A lighting plan for the use shall be submitted for approval to the PL, PO BLDG Planning Department and Police Departments. Site lighting from this use shall not extend beyond the Shell pad area. Said lighting shall blend with the lighting of the Shopping Center. It should also be adequate for security and public safety. 9 Prior to opening for business, developer shall provide a list to PL OCC 3 the City of the number, type and salary level of employees for the business in order for the City to implement the required housing and employment monitoring system required by the Eastern Dublin Specific Plan. 10 The Applicant is responsible for those Conditions of Approval of PL Ongoing Resolution No. 6-95 for PA 94001, the Santa Rita Commercial Center Planned Development Rezone; those obligations of the Development Agreement Between the City of Dublin and Homart Development Co. and Surplus Property Authority of the County of Alameda for the Tri-Valley Crossings Project/Santa Rita Commercial Center, adopted by Ordinance No. 3-95 for which the Applicant is responsible; the Conditions of Approval of PA97-003, Phase I, Regal Theater Site Development Review, and Phase 2, where applicable; the Conditions of Approval of Resolution No. 3-95 (of the Planning Director) and NO CONDITION TEXT RESPON. WHEN MATRIX AGENCY REQ. INDEX Resolution No. 4-97 (of the Community Development Director for PA Nos. 95-013 and 97-003 approving Tentative Parcel Map 6879 and 7116, Resolution 120-97 of the City Council relating to the overall design and layout of the shopping center, and any amendments thereto relating to zoning regulations, subdivision, and improvement of the property. 11 The developer is responsible for complying with all applicable PL, PW Ongoing mitigation measures of the Santa Rita Commercial Center Project Mitigation Monitoring Plan approved by the City Council on January 23, 1995, relating to the improvements of the project site. GENERAL DESIGN: 12 Trash enclosures shall provide for collection and sorting of PL, ADM BLDG 279 petrucible solid waste as well as source separated recyclable materials. Trash receptacles shall be located as agreed upon with Livermore Dublin Disposal. Written confirmation of this shall be sent to the Director of Planning by the Developer prior to the issuance of building permits. BIOLOGY/ARCHEOLOGY 13 Should any Kit Foxes be discovered on the site either during the PL, PW GRAD 219 Preconstruction Survey or during project construction, Developer shall be responsible for complying with the Kit Fox Protection Plan. 14 Should any prehistoric or historic artifacts be exposed during PL, PW, B GRAD, 248, 249, excavation and construction operations, work shall cease BLDG. 251,252, immediately and the City Planning Department shall be 253 notified. A qualified archeologist shall be consulted to determine whether any such materials are significant prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Appendix K of the California Environmental Quality Act Guidelines. PUBLIC WORKS 15 The first project of phase 2 of the Hacienda Crossings PW OCC Development that obtains a building permit will be required to construct sidewalk and landscape improvements along the project frontage of Hacienda Drive and the main entrance from Hacienda Drive to phase 2 of the Hacienda Crossings Development. Sidewalk and landscape improvements shall match and coordinate with other proposed surrounding improvements. Any improvements in the public right of way shall be constructed in accordance with the City of Dublin approved standards and/or plans and after an encroachment permit has been issued and/or subdivision improvement agreement has been entered into. 16 The layout and design of the site striping, drive aisles and PW OCC sidewalks shall be configured to maximize traffic safety, circulation, convenience and sight distance per City of Dublin Zoning Standards. All site improvements shall be reviewed and 4 NO CONDITION TEXT RESPON. WHEN MATRIX AGENCy REQ. INDEX approved by the City of Dublin Public Works Director. 17 The project shall provide a 4' wide minimum direct access for PW OCC pedestrians from Hacienda Drive to the site per current ADA requirements. 18 All access to the site shall match the configuration of future PW OCC drive aisles of the neighboring site parking lot. In the event the neighboring site parking has not been constructed, two 25' temporary paved driveway access roads from Hacienda Drive to the site shall be constructed in accordance to City Standards. These temporary paved access roads shall be reviewed and approved by the Public Works Director. 19 The first project of phase 2 of the Hacienda Crossing PW OCC Development that obtains a building permit will be required to submit to the Public Works Director a drainage study to determine the alignment and size of a proposed site underground storm drain system of the proposed phase 2 development. The study will also include a determination of possible mitigation measures of the existing downstream storm drain system as a result of the increase in rainwater run off of the project drainage area. The Applicant shall comply with all mitigation measures of the approved study or demonstrate to the satisfaction of the Public Works Director that the all mitigation measures will be constructed by other interested entities. 20 The Applicant shall submit a grading, drainage and site PW OCC improvement plans of all site improvements by a state licensed Professional Civil Engineer. The site improvement plans will be reviewed and approved by the Public Works Director and issuance of a grading permit will be required prior to site grading. 21 Roof drains shall empty into an approved underground storm PW OCC drainage system. Roof water, or other concentrated drainage shall not drain into adjacent properties, sidewalks or driveways. No drainage shall flow across property lines without proper drainage easements from neighboring property owners. 22 The Applicant shall comply with all National Pollution Discharge PW OCC Elimination System (NPDES) regulations and requirements at all times. 23 The location and siting of project specific wastewater, storm PL, PW PM 18, 19, drain and potable water and recycled water system 20, 39, infrastructure shall be consistent with the resource management 40, 42, policies of the Eastern Dublin Specific Plan and with DSRSD's 118, 138 major infrastructure policies. 24 The development shall be equipped to use recycled water for DSR, PW PM 131,145, irrigation. An on-site recycled water irrigation system shall be designed to conform to DSRSD's master plans and standards and specifications. 5 NO CONDITION TEXT RESPON: WHEN MATRIX AGENCY REQ. INDEX 25 All water mains shall be sized to provide sufficient capacity to DSR, PW PM 157 accommodate future flow demands in the Eastern Dublin Specific Plan and General Plan areas in addition to the project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. 26 Sewers shall be designed to operate by gravity flow to PW, DSR PM 118 DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the Developer for any project that requires a pumping station. 27 Domestic and fire protection waterline systems for Tracts or DSR PM 148 Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 28 Public water and sewer lines shall be located in public streets DSR PM 118 rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 29 Prior to approval by the City of a Grading Permit, the locations DSR PM and widths of all proposed easement dedications for water and sewer lines shall be submitted to DSRSD. 30 Applicant shall submit to DSRSD a one year interior water DSR BP consumption history of a similar gasoline station to help determine sewer capacity. 31 All easement dedications for DSRSD facilities shall be by DSR PM separate instrument irrevocably offered to DSRSD. 32 All improvement plans for DSRSD facilities shall be signed by DSR PM 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 Developer 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 Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 6 NO CONDITION TEXT RESPON. WHEN MATRIX AGENCY REQ. INDEX 33 No sewerline or water line construction shall be permitted DSR Ongoing 155 unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No. 4 have been satisfied. 34 The Developer shall hold DSRSD, its Board of Directors, DSR Ongoing commissions, employees, and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. 35 Developer shall comply with all implementation responsibilities PW PM for developer as outlined in Table 9.1 "Water Service Matrix of Implementation Responsibilities," Table 9.2 "Wastewater Service Matrix of Implementation Responsibilities," and Table 3 "Storm Drainage Matrix of Implementation Responsibilities of the "Eastern Dublin Specific Plan" dated January 7, 1994 for the water system (on file in the Dublin Planning Department). 36 Complete improvement plans shall be submitted to DSRSD that DSR PM 18, 122, conform to the requirements of the DSRSD Code, the DSRSD 124-126, "Standard Procedures, Specifications and Drawings for Design 131,144, and Installation of Water and Wastewater Facilities", all 153, 155, applicable DSRSD Master Plans and policies and all Recycled 157 Water Design and Construction Standards. 37 Developer shall obtain a "will serve" letter prior to issuance of PW, DSR PM 152, 18, grading permit which states that the project can be served by 19, 118, DSRSD for water and sewer service prior to occupancy. 121,125, 126, 146, 156 38 Zone 7 administers a program for the destruction of unused Z7, PW GRAD wells in the Livermore-Amador Valley. Known water wells without a documented intent of future use, filed with Zone 7, are to be destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7. PUBLIC SAFETY 39 Prior to delivery of combustible materials, the required water F, DSR, B BLDG storage and pressure shall be available at the site to the satisfaction of Alameda County Fire (ACF). Developer should note that the present interim water system is capable of providing a maximum of 3,500 gallons per minute of fire flow to the site. 40 Installation of any gas tanks shall be approved by appropriate PL, F, B BLDG agencies including ACF and City Building and Planning Depts. 41 The Developer shall work with the Dublin Police Department on PO Ongoing an ongoing basis to establish an effective theft prevention and security program. This program may include security cameras, an alarm system, panic alarms, viewing portals or peepholes. The Developer and/or Property Owner shall keep the station clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant paints for the structures and film for windows or glass should be used. 7 NO CONDITION TEXT RESPON, WHEN MATRIX AGENCY REQ. INDEX 42 Any Hazardous Materials must be handled in conformance with F Ongoing applicable governmental safety requirements, and disposed of by a certified contractor using proper disposal procedures. 43 Prior to the issuance of building permits for site specific PL, PW, B BLDG 289 developments Phase I (and if necessary Phase II) environmental site assessments shall be made available to the Community Development Director, with appropriate documentation that all recommended remediation actions have been completed. UTILITIES: 44 The Developer shall provide all underground utilities to the PW, PL GRAD 182, 108, project. The Developer shall remove all existing overhead 109, 228 utilities within the project or convert them to underground. All transmission lines shall be away from sensitive areas unless otherwise approved by the Director of Public Works/City Engineer and Director of Community Development. 45 Developer shall provide documentation that electric, gas, and PL GRAD 107, 110 telephone service can be provided to the subdivision. This documentation shall indicate when service can be provided. DRAINAGE: 46 The storm drainage system shall provide for all on site drainage, PW GRAD 8, 162, as well as through drainage. The plans shall incorporate 164 - 167 watersheds and major storm drains as depicted on the Brian Kangas Foulk master drainage plan and/or any other study acceptable to the City for this area. 47 Developer shall prepare plans for the periodic inspection and PW GRAD 199 maintenance of subsurface drainage features, and the removal and disposal of materials deposited in surface drains and catch basins. MISCELLANEOUS: 48 Developer shall insure that stationary source emissions PL GRAD 278 associated with project development are minimized. This shall be accomplished by preparation of a written program to accomplish the requirements of Mitigation Measure 3.11/12.0 of the Eastern Dublin EIR to the satisfaction of the Community Development Director prior to the issuance of a grading permit. 8 NO CONDITION TEXT RESPON. WHEN MATRIX AGENCY REQ. INDEX 49 Permits shall be required for oversized and/or overweight PW GRAD construction loads coming to and leaving the site. If soil is to be imported or exported from the site, a haul route plan shall be submitted to the City for review and approval. PASSED, APPROVED AND ADOPTED this 10th day of November. Cm. Jennings, Johnson, Hughes, Musser, and Oravetz AYES: NOES: ABSENT: Planning Commiss~n Chairperson' ATTEST: Community Development Director G :\pa97-O33\cupres