HomeMy WebLinkAboutPC Reso 13-23 Fallon Gtwy Gas Station CUP RESOLUTION NO. 13 - 23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR MINOR AMENDMENT TO
THE PLANNED DEVELOPMENT ZONING FOR FALLON GATEWAY (PA 08-034)
TO REVISE THE LAND PLAN AND
A CONDITIONAL USE PERMIT FOR A SERVICE STATION WITH A FULL-LINE
CONVENIENCE STORE AND CAR WASH ON APPROXIMATELY .8 ACRES WITHIN
PHASE 4 REPLACING THE SITES IDENTIFIED AND APPROVED AS SHOPS 1 AND 1B
ALONG THE SOUTH SIDE OF DUBLIN BOULEVARD
PLPA 2012-00049
(PORTION OF APN 985-0027-009-003)
WHEREAS, CJC Fallon Gateway LLC, has requested an application for a Site
Development Review (SDR), Conditional Use Permit (CUP) to amend the Planned
Development Zoning, and a Conditional Use Permit to allow a service station with a full-line
convenience store and car wash on approximately .8 acres within Phase 4 of the Fallon
Gateway project (PA 08-034) replacing the sites identified and approved as Shops 1 and 1 b
along the south side of Dublin Boulevard; and
WHEREAS, Fallon Gateway is 33.91-acre a commercial center located at the along
the west side of Fallon Road between Dublin Boulevard on the north and Interstate 580 (I-
580) on the south within the Eastern Dublin Specific Plan Area and Area C of the Dublin
Ranch planned community; and
WHEREAS, Planned Development (PD) Zoning PA 08-034 was approved for the
Fallon Gateway project site on June 16, 2009 by Ordinance 09-09; and
WHEREAS, on August 10, 2010, the Planning Commission approved a CUP for a
minor PD Amendment to revise the design standards for Fallon Gateway; and
WHEREAS, the proposed Conditional Use Permit, Site configuration, and service
station, car wash and convenience store construction would not exceed allowable building
area for the Fallon Gateway project; and
WHEREAS, the proposed amendment to the Planned Development Stage 2
Development Plan (PA 08-034) has been reviewed and has been determined to be
consistent with the Eastern Dublin Specific Plan, which was adopted in 1994 and has a
certified Program EIR (SCH No. 91-103064). Pursuant to the California Environmental
Quality Act (CEQA), the proposed project is within the scope of the Final Environmental
Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan, which was
certified by the City Council by Resolution No. 51-93 and the Addenda dated May 4, 1993
and August 22, 1994 (the "FEIR"); and
WHEREAS, in 1997, a Negative Declaration was approved by the City Council in
Resolution No. 140-97 for the Planned Development Rezoning of Dublin Ranch Areas B-E,
which includes the Fallon Gateway site. After completing an Initial Study, it was determined
that the Planned Development Rezoning would not have any significant environmental
impacts which were not already adequately described and analyzed in the Program EIR. The
project as proposed does not exceed the thresholds identified in the Negative Declaration,
and no further environmental document is needed; and
WHEREAS, the Planning Commission of the City of Dublin held a public hearing on
said application request on August 13, 2013, and
WHEREAS, proper notice of said public hearing was given in all respects as required
by law; and
WHEREAS, a Staff Report was submitted recommending the Planning Commission
approve the Conditional Use Permit in accordance with the findings referenced below; 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 Planning Commission does hereby
find, regarding the Conditional Use Permit for a minor amendment to the Planned
Development Stage 2 Development Plan that:
A. The proposed use and related structures are compatible with other land uses,
transportation and service facilities in the vicinity in that the proposed Service
Station and related uses and structures allowed by the proposed amendment is
consistent with concentrations of general commercial uses approved for the
vicinity that provide a variety of goods and services accessible by high-traffic
roadways with a major transportation network.
B. It 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 welfare in that it is
a complementary commercial use expanding transportation related services.
C. The proposed amendment will not be injurious to property or improvements in
the neighborhood in that: the proposed service station and related uses have
been reviewed as a conditional use by PD PA 08-034 and appropriate
Conditions of Approval would address potential issues and enhance access to
those products and services.
D. The proposed amendment will allow adequate provisions for public access,
water, sanitation, and public utilities to ensure that the proposed use and
related structure(s) will not be detrimental to the public health, safety, and
welfare in that: 1) all infrastructure needed to serve the project site has been
constructed; and 2) the amended site configuration will reflect the scale, design,
and function of the other structures in that area in the Phase 4 segment of the
site plan and in the Fallon Gateway project over all.
E. The subject site is physically suitable for the type, density and intensity of the
use and related structures being proposed in that: 1) the proposed service
station and related uses incorporated as an amendment to PA 08-034 is
physically suitable for the type, density, and intensity of the use and related
structures being proposed; 2) it would be compatible and complementary to
other free-standing commercial uses proposed for Fallon Gateway; and 3) there
would be adequate parking based on the adopted standards in the PD
development regulations.
F. The proposed amendment will not be contrary to the specific intent clauses,
development regulations, or performance standards established for PA 08-034
and Related Planned Development Plan in that: 1) will meet the intent and be
subject to the development regulations and the performance standards adopted
with the PA 08-034 Stage 1 Planned Development Zoning Ordinance
(Ordinance 09-09), adopted on June 16, 2009, and the Site Development
Review adopted by the Planning Commission.
G. The proposed amendment is consistent with the Dublin General Plan and with
any applicable Specific Plans in that: it would allow commercial density,
coverage, and parking provided to remain consistent with the Dublin General
Plan and the Eastern Dublin Specific Plan.
H. In accordance with Chapter 8.32.080, a finding is hereby made that the
requested amendment substantially complies with and does not materially
change the provisions or intent of the adopted Planned Development Zoning
District Ordinance for the site.
BE IT FURTHER RESOLVED THAT the Planning Commission does hereby find,
regarding the Service Station, full-line convenience store and car wash, that:
A. The proposed use and related structures are compatible with other land uses,
transportation and service facilities in the vicinity in that the proposed service
station, full-line convenience store and car wash and related structures are
consistent with concentrations of general commercial uses approved for the
vicinity that provide a variety of goods and services accessible by high-traffic
roadways with a major transportation network.
B. It 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 welfare in that it is
a complementary commercial use expanding transportation related service
options and would involve automotive repairs.
C. The proposed amendment will not be injurious to property or improvements in
the neighborhood in that the service station and related uses are a conditional
use under Ordinance 09-09 and would be subject to compliance with the
Conditions of Approval applied to minimize conflicts or impacts.
D. The proposed amendment will allow adequate provisions for public access,
water, sanitation, and public utilities to ensure that the proposed use and
related structure(s) will not be detrimental to the public health, safety, and
welfare in that: 1) all infrastructure needed to serve the project site has been
constructed; and 2 the amended site configuration will reflect the scale, design,
and function of the other structures in that area in the Phase 4 segment of the
site plan and in the Fallon Gateway project overall; and 3) the convenience
location would enhance access to those products and services.
E. The subject site is physically suitable for the type, density and intensity of the
use and related structures being proposed in that: 1) the proposed service
station and related uses are incorporated as an amendment to PA 08-034 and
are physically suitable for the type, density, and intensity of the use and related
structures being proposed; 2) these uses would be adjacent to other
commercial uses and complementary free-standing commercial structures
proposed for Fallon Gateway; and 3) there would be adequate parking based
on the adopted standards in the PD development regulations.
F. The proposed amendment will not be contrary to the specific intent clauses,
development regulations, or performance standards established for PA 08-034
and Related Planned Development Plan: 1) will meet the intent and be subject
to the development regulations and the performance standards adopted with
the Stage 1 Planned Development Zoning (PA 08-034) Ordinance (Ordinance
09-09), adopted on June 16, 2009, and the Site Development Review and Site
Development Review Amendment by the Planning Commission Resolution 10-
32.
G. The proposed amendment is consistent with the Dublin General Plan and with
any applicable Specific Plans in that: it would allow commercial density,
coverage, and parking provided to remain consistent with the Dublin General
Plan and the Eastern Dublin Specific Plan while not exceeding allowable
building area for the Fallon Gateway project.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission
of the City of Dublin does hereby approve PLPA 2012-00049, Conditional Use Permits for a
minor amendment to the Planned Development Stage 2 Development Plan (PA 08-034) for
Fallon Gateway including a Service Station with a full-line convenience store and car wash on
approximately .8 acres within Phase 4 of the Fallon Gateway project (PA 08-034) replacing
the sites identified and approved as Shops 1 and 1 b along the south side of Dublin Boulevard
subject to the following conditions:
1. Consistency with Site Development Review Amendment. This Conditional
Use Permit is subject to the approval of the companion Site Development Review to allow the
Service Station with a full-line convenience store and car wash as requested.
2. Related Plans. This Conditional Use Permit is based on plans submitted with
the application and the companion Site Development Review prepared by: 1) Barghausen —
Consulting Engineers; and 2) R3 Studios — Planning, Urban Design, and Landscape
Architecture dated received June 24, 2013.
PASSED, APPROVED AND ADOPTED this 13th day of August 2013.
AYES: O'Keefe, Do, Bhuthimethee
NOES:
ABSENT: Kohli, Goel
ABSTAIN:
Plari wng Commission Chairperson
ATTES :
Assista .Q` unity Development Director
G:IPA#12012IPLPA-2012-00049 Shell Gas St at Fallon GatewaylPC Reso-CUP Fallon Gtwy Gas Station 8.13.13.doc