HomeMy WebLinkAboutReso 098-91 Chevron CUP RESOLUTION NO. 98 - 91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PA 90-066 CHEVRON CONDITIONAL USE PERMIT
TO ALLOW THE OPERATION OF A SERVICE STATION, FOOD MART AND CAR WASH
FACILITY AT 5933 DOUGHERTY ROAD
WHEREAS, William T. Scudder, Chevron U.S.A., Inc., filed a
Conditional Use Permit and Site Development Review application
requesting approval to construct and operate a service station and
drive through car wash, with 12 self-service fueling positions, food
mart and restroom facilities and to permit one combined service
station display and price sign structure and wall signage at
5933 Dougherty Road; and
WHEREAS, as required by law, the Planning Commission did hold a
properly noticed public hearing on said application on November 5 and
19, 1990; and
WHEREAS, the Planning Commission did hear and consider all
reports, recommendations and testimony, and denied the Conditional Use
Permit/Site Development Review request; and
WHEREAS, the Applicant appealed the Planning Commission action;
and
WHEREAS, the City Council held a public hearing on January 14,
1991 to consider the appeal and determined that PA 90-066 Chevron
Conditional Use Permit/Site Development Review is in conformance with
the General Plan land use designation for the site, and directed Staff
to prepare a City Council Staff Report and Draft Resolutions approving
the Conditional Use Permit and Site Development Review request; and
WHEREAS, the City Council did hold public hearings on said
application on March 11, April 8, and September 23, 1991; and
WHEREAS, proper notice of said public hearings were 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 adopted (City Council Resolution
No. ) for this project as it will have no significant effect on
the environment; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the City Council did hear and consider all said reports,
recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find:
The proposed service station facility will serve a public
need by providing gasoline fueling services, the sales of
convenient food items and car wash services at the
intersection of Dublin Boulevard and Dougherty Road.
The 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 existing land uses
(service station, boat/auto sales, automotive repair),
transportation (Dublin Boulevard, Dougherty Road, 1-580
Freeway) and service facilities in the immediate vicinity.
The 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 use will not be contrary to the specific intent clauses
or performance standards established for the district in
which it is to be located in that conditions have been
applied to ensure conformance with the applicable zoning
regulations, and the use is compatible with the adjacent
general commercial and light industrial district uses.
The approval of the Conditional Use Permit will be
consistent with the Dublin General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby
conditionally approve PA 90-066 Chevron Conditional Use Permit as
generally depicted by materials labeled Exhibit A, stamped approved
and on file with the Dublin Planning Department, subject to the
approval of the related Site Development Review and to 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 subject to Planning Department review and approval.
The following codes represent those departments/agencies responsible
for monitoring compliance of the conditions of approval. [PL]
Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM]
Administration, [FIN] Finance, IF] Dougherty Regional Fire Authority,
[DSR] Dublin San Ramon Services District, [CO] Alameda County
Department of Environmental Health.
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10.
This Conditional Use Permit approval for PA 90-066 is to allow
the operation of a new gasoline service station, food mart and
drive through car wash facility at 5933 Dougherty Road. This
approval shall generally conform to the plans labeled Exhibit A
as modified by the following conditions of approval and those
requirements of affected agencies, and associated Site
Development Review, consisting of site, landscape and grading
plans depicting the project site before and after construction of
the Dougherty Road widening and Dublin Boulevard Extension
projects and building elevations (9 pages) prepared by Chevron
U.S.A. Inc., dated received by the Planning Department September
9, 1991. [PL]
Prior to issuance of building permits, the Applicant must obtain
approval for handling and storing hazardous material (gasoline.
products) from the Alameda County Department of Environmental
Health, Hazardous Materials Division. The Applicant must provide
written documentation to the Planning Department that said
approval has been obtained. [CO, PL, B]
No loudspeakers or amplified music shall be permitted outside the
enclosed buildings. An intercom system is permitted provided that
the sound is not discernible at the property line in compliance
with Section 8-50.1 Performance Standards: M-P Districts of the
Zoning Ordinance. [PL]
The Applicant shall be responsible for clean-up and disposal of
project related trash to maintain a clean and litter-free site.
[PL]
All signs shall be subject to the requirements of the Sign
Regulations within the Zoning Ordinance. [PL]
The Applicant shall comply with all applicable requirements of
the Dougherty Regional Fire Authority. [F, PL]
The Applicant shall comply with the City of Dublin Non-
Residential Security Requirements (attached). [PO, PL, B]
On a continuous basis, all landscaping shall be properly
maintained. [PL]
The service station facility shall provide and maintain at all
times the following type and number of on-site parking spaces:
[PL]
2 employee parking spaces
5 customer parking spaces
1 handicapped parking space
On an annual basis, this use shall be subject to Zoning
Investigator review and determination as to the compliance with
the Conditions of Approval. [PL]
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11.TM
This approval shall become null and void, in the event building
permits are not secured within one year (or within 1! years if an
extension is granted pursuant to Condition 68 of Resolution
No. for the related Site Development Review approval) from
the date of this approval, and in the event the approved use
ceases to operate for a continuous one year period. [PL]
12.
This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of
the terms or conditions of this permit shall be subject to
citation. [PL]
PASSED, APPROVED AND ADOPTED this 23rd day of September, 1991.
AYES:
COUNCILMEMBERS HOWARD, JEFFERY AND MOFFATT
AND MAYOR SNYDER
NOES:
ABSENT:
NONE
COUNCILMEMBER BURTON
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