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Home My WebLink AboutPCReso 96-31 PA96-023 Shell CUPRESOLUTION NO. 96 - 31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 96-023 DOUGHERTY SHELL SERVICE STATION CONDITIONAL USE PERMIT FOR THE OPERATION OF A NEW 24-HOUR SERVICE STATION TYPE 'A' FACILITY WITH A 2,340 SQUARE FOOT 'ETD' FOOD MART AND A 900 SQUARE FOOT AUTOMATIC DRIVE-THROUGH CAR WASH, LOCATED AT 5933 DOUGHERTY ROAD, WITHIN THE C-2, GENERAL COMMERCIAL ZONING DISTRICT. WHEREAS, the Applicant, Craig L. Schwab of C & J Cox Corporation, has filed a Conditional Use Permit and Site Development Review application requesting approval to construct a new Shell Service Station, located at 5933 Dougherty Road, at the northeast corner of Dublin Boulevard. The project will include a new 2,340 square foot 'ETD' food mart store with an attached 900 square foot automatic drive- through car wash; a 60' x 78' fuel island canopy with new landscaping and signage; and sidewalk and driveway improvements along the Dougherty Road and Dublin Boulevard frontages. Additional off-site access and driveway improvements will be made on the City owned remnant parcel adjacent to the project site; and WHEREAS, the Planning Commission held a public hearing on said Conditional Use Permit application on August 6, 1996; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and a Negative Declaration has been prepared because the project will not have a significant impact on the environment; 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. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: The proposed project will serve a public need by providing customers and the general public a new service station facility with the convenience of a 24-hour food mart store and automatic drive- through car wash. 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 compatible with the existing uses in the vicinity and to the type and nature of operations typically found in the neighborhood. The proposed use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing or working in 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 approval of the Conditional Use Permit will be consistent with the Dublin General Plan and the City of Dublin Zoning Ordinance. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 96-023, Dougherty Shell Service Station Conditional Use Permit application as generally shown on Exhibit A, stamped approved and on file with the Dublin Planning Department, subject to the approval of the related Site Development Review Resolution and to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of buildincj permits or establishment of use, and shall be subject to Planning Department review and approval. The followincj codes represent those departments/agencies responsible for monitorin~j compliance of the conditions of approval. [PL] Plannino_. [B_] Buildin_o, [PO] Police. [PVV]_ Public Works, [ADM] Administration/City Attorney. [FIN] Finance. rF] Douqherty Re~jional Fire Authority_. [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. This Conditional Use Permit approval is for the use of a new 24-hour self service gasoline station with food mart and automatic drive-through car wash, located at 5933 Dougherty Road. This approval shall generally conform to the modified plans labeled Exhibit A, and by the following conditions of approval and associated Site Development Review Resolution, consisting of a Site Plan, Floor Plan, Building Elevations and Landscape Plan consisting of four (4) sheets, prepared by Robert Lee & Associates, dated received by the Planning Department on May 7, 1996. [PL] The Applicant and Property Owner shall comply with all applicable Planning, Building, Public Works, Dublin San Ramon Services District, Dougherty Regional Fire Authority, Dublin Police Services and the Alameda County Environmental Health regulations and requirements. [PL, B, PW, DSR, F, PO, CO] All signage shall be subject to the requirements and provisions of the sign regulations within the Zoning Ordinance. [PL] The Applicant and Property Owner shall provide and maintain the 4 parking spaces for use as customer and employee parking spaces for the service station/food mart use at all times. [PL] The Applicant and Property Owner shall be responsible for the clean-up and disposal of any project related trash and shall maintain the site in a clean, litter-free condition at all times. [PL] The service station/food mart use shall be conducted so as not to create a nuisance to any surrounding and/or adjacent businesses including any future developments adjacent to the site. [PO, PL] Amplified music or other noise generated by the use shall not be permitted to project off-site. [PL, PO] All activities associated with the use shall be conducted entirely within the enclosed food mart building, with the exception of the refueling of motor vehicles and the automatic drive-through car wash. Any outdoor promotional events or activities will require separate review and approval by the Planning Department. [PL] The use of any accessory structures, such as storage sheds or trailer/container units, used for storage or for any other purpose, shall not be allowed on the site at any time. [PL, B, F] -2- 10. 11. 12. 12. With the exception of the automatic car wash, no vehicle washing, detailing or auto repair uses or activities shall be permitted. Long or short term storage and/or parking of motor vehicles shall not be permitted on the site. [PL] AIl landscape areas on the site shall be enhanced and properly maintained at all times. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Planning Department. [PL] Prior to the issuance of building permits, this Conditional Use Permit approval shall be subject to Zoning Investigator review and determination as to the compliance with the Conditions of Approval. [PL] The Applicant and/or property owner shall operate the use in compliance with the Conditions of Approval of this use permit. Any violation of the terms or conditions of this permit may be subject to the issuance of a citation. [PL] 13. This approval shall become null and void in the event the approved use ceases to operate for a continuous one-year period. [PL] 14. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. [PL] PASSED, APPROVED AND ADOPTED this 6th day of August, 1996. AYES: Commissioners Jennings, Zika, Geist and Johnson NOES: Commissioner Johnson ABSENT: None ATTEST: ,"~ C~or~'~ur~it~/Development Dire~:)r ~/ 'Planning Commission C~irperson ~P' -2,-