HomeMy WebLinkAboutReso 164-00 7-11 Appeal RESOLUTION NO. 164 - 00
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
AFFIRMING THE ACTION OF THE PLANNING COMMISSION
REGARDING PA 99-021 7-ELEVEN CONVENIENCE STORE AND GAS STATION,
CONDITIONAL USE PERMIT TO PERMIT THE CONSTRUCTION AND OPERATION
OF A GAS STATION AND TO AMEND TIlE PD PLANNED DEVELOPMENT DISTRICT
REGULATIONS TO ESTABLISH SETBACK STANDARDS AND
SITE DEVELOPMENT REVIEW FOR A NEW 2, 800 SQ. FT. CONVENIENCE STORE
AND FOUR PUMP FUELING STATION AT A VACANT LOT ON THE
SOUTHWEST CORNER OF DOUGHERTY ROAD AND AMADOR VALLEY BOULEVARD
WHEREAS, Retail Development Associates (Applicant/Property Owner) has requested approval
of a Conditional Use Permit to allow a gas station and to amend the PD Planned Development District
regulations to establish setback standards and Site Development Review for a 2, 800 square foot
convenience store and four pump fueling station, surface parking, landscaping and related improvements
on a .5 acre vacant lot on the southwest comer of Dougherty Road and Amador Valley Boulevard (APN
941-2781-002-00) within a "PD Planned Development Zoning District"; and
and
WHEREAS, a completed application is available and on file in the Dublin Planning Department;
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and implementing
Guidelines, an Initial Study has been prepared to assess the proposed project. Based on the Initial Study, a
Mitigated Negative Declaration has been prepared and is on file with the Dublin Planning Department.
The project as proposed and with the implementation of Mitigation Measures identified in the Initial
Study will not have a significant effect on the environment; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said application
August 8, 2000; and did approve PA 99-021 7-Eleven Convenience Store and Gas Station Conditional
Use Permit and Site Development Review; and
WHEREAS, Councilmember McCormick has appealed the decision of the Planning Commission
to the City Council; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the City Council make a
determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony herein above set forth and used their independent judgment to make a decision; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make
the following findings and determinations regarding said proposed Conditional Use Permit:
The proposed use and related structures is compatible with other land uses, transportation and
service facilities in the vicinity. Conditions of approval will ensure ongoing compatibility
between the proposed project and adjacent residential uses.
The proposed use will not adversely affect the health or safety of persons residing or working in
the vicinity, and will not be detrimental to the public health, safety and welfare because all City
and Alameda County regulations and conditions will be met.
C. The use will not be injurious to property or improvements in the neighborhood.
There are adequate provisions for public access, water, sanitation, and public utilities and services
to ensure that the proposed project would not be detrimental to the public health, safety, and
welfare.
The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed.
F,
The proposed use is not contrary to the specific intent clauses, development regulations, and
performance standards established for the zoning district in which it is located.
G. The proposed use is consistent with the Retail/Office designation of the Dublin General Plan.
H,
The minor amendment to Planned Development District Regulations (PA 85 04.1) to establish
front, rear and side yard setbacks for this site substantially complies with and would not materially
change or alter the intent of the adopted Planned Development District Regulations which identify
the site for future commercial uses.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make the
following findings and determinations regarding said proposed Site Development Review:
A,
The approval of this Site Development Review application is consistent with the intent and
purpose of Dublin Zoning Ordinance Section 8.104, SITE DEVELOPMENT REVIEW, because
the project it is compatible with the site and surrounding properties.
The approval of this application, as conditioned, complies with the 'Retail/Office' designation of
the General Plan, the "PD" Planned Development Zoning District in which it is located as well as
with all other requirements of the Zoning Ordinance because a commercial use is a permitted use
in such designation and zone and a gas station is a conditional use in such designation and the C-N
Neighborhood Commercial Zoning District, the closest comparable zoning district to the existing
"PD", Planned Development Zoning District.
C,
The approval of the Site Development Review application, as conditioned, will not adversely
affect the health or safety of persons residing or working in the vicinity, or be detrimental to the
public health, safety and general welfare because the proposed development is consistent with all
City and Alameda County regulations and conditions.
The approved site development, including site layout, structures, vehicular access, circulation and
parking, setbacks, height, walls, public safety and similar elements has been designed to provide a
desirable environment for the development.
2
E,
The subject site is physically suitable for the type and intensity of the proposed development
because the majority of the site is level with area and dimensions that will accommodate the new
convenience store and four pump gas station.
Impacts to views are addressed because the majority of the site is level and no views could be
interrupted.
G,
Impact to existing slopes and topographic features are addressed because the site is level and there
are no topographic features.
H,
Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors, screening
of exterior appurtenances, exterior lighting, signage and similar elements have been incorporated
into the project and as conditions of approval in order to insure the compatibility of the
development with the development's design concept or theme and the character of adjacent
buildings, neighborhoods and uses.
Landscape considerations, including the locations, type, size, color, texture and coverage of plant
materials, provisions and similar elements have been considered to insure visual relief and an
attractive environment for the public.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby affirm the August 8,
2000 decision of the Planning Commission approving the Conditional Use Permit and Site Development
Review for PA 99-021 7-Eleven Project, subject to the Conditions of Approval contained within Planning
Commission Resolution 00-48 attached to this staff report as Attachment 6, provided a new Condition No.
108 shall be added to read as follows '~/o liquor shall be sold from midnight to 6 a.m."
PASSED, APPROVED AND ADOPTED this 5th day of September, 2000.
AYES:
Councilmembers Howard and Zika, Vice Mayor Lockhart and Mayor Houston
NOES:
Councilmember McCormick
ABSENT: None
ABSTAIN: None
Mayor