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Home My WebLink AboutItem 6.1 Alcosta Shell Station Rezone SUBJECT: ATTACHMENTS: CITY CLERK File # D~[3J[Q]-~[{i] AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 15, 2007 cst PUBLIC HEARING: P A 06-013 - Alcosta Shell Service Station Rezone from C-N, Neighborhood Commercial to C-2, General Commercial Report prepared by Mamie R. Nuccio, Associate Planner 1) Ordinance approving a Rezone for the A1costa Shell Service Station property located at 8999 San Ramon Road from C-N, Neighborhood Commercial to C-2, General Commercial. Planning Commission Resolution No. 07-21 recommending City Council approval of a rezone from C-N, Neighborhood Commercial to C-2, General Commercial for the A1costa Shell Service Station at 8999 San Ramon Road. Planning Commission Resolution No. 07-20 certifying a Negative Declaration for the A1costa Shell Service Station project at 8999 San Ramon Road. Planning Commission Resolution No. 07-22 approving a Conditional Use Permit and Site Development Review for the A1costa Shell Service Station expansion/reconstruction at 8999 San Ramon Road. November 28, 2006 Planning Commission Agenda Statement for a Rezone, Conditional Use Permit and Site Development Review for a reconstruction/expansion of the A1costa Shell Service Station, without attachments. November 28, 2006 Planning Commission Meeting Minutes. April 24, 2007 Planning Commission Agenda Statement for a Rezone, Conditional Use Permit and Site Development Review for a reconstruction/expansion of the A1costa Shell Service Station, without attachments. April 24, 2007 draft Planning Commission Meeting Minutes. 2) 3) 4) 5) 6) 7) 8) RECOMMENDATION~A J>( 1) Open the public hearing; / \. t/v'~ 2) Receive Staff presentation; .....................................................................................~.....................................?}.................!.~~..!~.~.!~~?~;y.f~?!P....!~~...~p.p.~.~.~.~~~...~.~...!~~..p.~?l.i.~.~...................................... COPIES TO: Applicant, Property Owner Rick Corbett, Matt Ford In-House Distribution Page 1 of3 ITEM NO. M G:\P A#\2006\06-0 13 Shell Gas Station Remodel\CC\CCSR Shell 05-15-07 .doc c 4) Close public hearing and deliberate; and 5) Waive the reading and introduce an Ordinance (Attachment 1) approving a Rezone for the A1costa Shell Service Station property located at 8999 San Ramon Road from C-N, Neighborhood Commercial to C-2, General Commercial. FINANCIAL STATEMENT: None. PROJECT DESCRIPTION: Background The A1costa Shell Service Station at 8999 San Ramon Road is located adjacent to the San Ramon Village Plaza commercial center. The site is within a C-N, Neighborhood Commercial Zoning District and has a Retail/Office General Plan land use designation. On August 27, 1969, the Alameda County Planning Commission approved a Conditional Use Permit for the existing service station which has been in operation since that time. Over the years, Shell Oil Company has obtained additional Conditional Use Permits for the construction of a cashier booth, storage building, restrooms, and car wash. Although these modifications have altered the service station's original layout, they have not changed the basic function of the site as a service station. On October 17, 1995 (P A 95-031) and again on August 8, 2000 (P A 00-005), the City of Dublin Planning Commission approved development applications for the reconstruction and expansion of the service station; neither project was ever constructed. In accordance with the Zoning Ordinance, if an approved use or structure is not established within one year of the approval, the approval lapses and becomes null and void. Both approvals under P A 95-031 and P A 00-005 lapsed. Planning Commission Review of Current Application (PA 06-013) On November 28, 2006, the Planning Commission reviewed the A1costa Shell Service Station Rezone, Conditional Use Permit and Site Development Review for the reconstruction/expansion of the existing service station. The reconstruction/expansion includes a new 2,162 square foot mini-mart; a 1,264 square foot car wash; a 3,537 square foot canopy; six new fuel dispensers; a new covered trash enclosure; landscaping; a retaining wall; and other associated site improvements (see Attachment 5). The Planning Commission did not express any concerns regarding the rezone or parking but did have concerns with respect to the architecture of the building and canopy (see Attachment 6). The Planning Commission voted to continue the public hearing to a later date in order to give the Applicant the opportunity to modify the architecture of the building and canopy. On April 24, 2007, Staff returned to the Planning Commission with revised architecture for the building and canopy. The architectural changes included, 1) modifying the mini-mart and carwash building to include tower elements, a hip roof and a stone veneer base; 2) modifying the freestanding gas pump canopy to include an asphalt tile roof to match the hip roofs on the mini-mart and carwash building; 3) improving architectural detailing by including architectural elements on all four sides of the mini-mart and carwash building; and 4) enhancing landscaping along A1costa Boulevard (see Attachment 7). These architectural modifications enhanced the overall look of the Project and are more consistent with the architecture for the adjacent San Ramon Village Plaza commercial remodel which is currently under Page 2 of3 construction. The Planning Commission voted unanimously to adopt Resolutions certifying the Negative Declaration for the Project and approving the Conditional Use Permit and Site Development Review (see Attachments 3 and 4, respectively). ANALYSIS: The C-N, Neighborhood Commercial zoning designation allows service stations as a conditional use, but prohibits car washes or mini-marts. The existing car wash on-site was approved in 1981, prior to City incorporation, and is considered legal non-conforming because the use and structure were permitted when approved, but are now prohibited under current zoning. Under the legal non-conforming status, a structure or use cannot be expanded or intensified. The proposed rezone to C-2, General Commercial zoning would allow the existing structures to be rebuilt and the existing uses to be permitted through a Conditional Use Permit process. In a C-2, General Commercial Zoning District, Car Wash/Detailing is an allowed use subject to approval of a Conditional Use Permit. Service Stations, and mini-marts combined with a service station, are also allowed uses in the C-2 Zoning District with approval of a Conditional Use Permit. In order for the property owner to modernize the existing service station, the property must be rezoned to conform to the current zoning regulations. The process for reviewing and approving a rezone request is through a recommendation by the Planning Commission to the City Council. The Planning Commission reviewed the rezone request at the November 28, 2006 and April 24, 2007 meetings and voted 5-0-0 adopting a Resolution recommending City Council adoption of an Ordinance approving the rezone (Attachment 2). ENVIRONMENTAL REVIEW: The project has been reviewed in accordance with the California Environmental Quality Act (CEQA). An Initial Study of Environmental Review was completed on June 6, 2006. Based on the Initial Study prepared for the project, it has been determined that project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared. A public review period was held June 6,2006 to June 26, 2006 (20 days). During the public review period no comments were received on the project. On April 24, 2007, the Planning Commission adopted a Resolution certifying the Negative Declaration (Attachment 3). CONCLUSION: The proposed reconstruction and expansion of the A1costa Shell Service Station will be an improvement to the existing service station. The new mini-mart, car wash, canopy, fuel dispensers, landscaping, and other associated site improvements will enhance the image of the adjacent shopping center and residential development. The proposed project, as conditioned, is consistent with the Dublin General Plan and the proposed Zoning District in which the project site would be located and represents an appropriate project for the site. RECOMMENDATION: Staff recommends that the City Council: 1) Open the public hearing; 2) Receive Staff presentation; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; and 5) Waive the reading and introduce an Ordinance (Attachment 1) approving a Rezone for the A1costa Shell Service Station property located at 8999 San Ramon Road from C-N, Neighborhood Commercial to C-2, General Commercial. Page 3 of3 ORDINANCE NO. XX - 07 ldfJ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************** APPROVING A REZONE FOR THE ALCOSTA SHELL SERVICE STATION PROPERTY LOCATED AT 8999 SAN RAMON ROAD FROM C-N, NEIGHBORHOOD COMMERCIAL TO C-2, GENERAL COMMERCIAL P A 06-013 The City Council of the City of Dublin does ordain as follows: SECTION 1: FINDINGS A. Pursuant to Sections 8.24.010 and 8.24.020.D ofthe Dublin Municipal Code, the City Council finds as follows: 1. The Project meets the purpose and intent of Chapter 8.24 of the Zoning Ordinance in that it will provide the continued use and reconstruction/expansion of the existing service station along major transportation corridors (1-680) and intersections (San Ramon Road @ A1costa Boulevard). 2. The A1costa Shell Service Station Remodel/Expansion project will modernize the outdated service station to meet the current needs and demands of the general public. 3. Additional landscaping will be installed throughout the site as part of the project which will enhance the appearance of the structures from the street and adjacent properties. 4. Since the project site is located along the border of the Cities of Dublin and San Ramon, the expansion of the existing service station will provide employment opportunities for existing and future residents of the City and those of adjacent communities. B. Pursuant to Sections 8.120.050.A and 8.12.050.B of the Dublin Municipal Code, the City Council finds as follows: 1. The proposed amendment would be harmonious and compatible with existing and potential development in surrounding areas in that: 1) the existing use as a service station would remain the same; and 2) the proposed reconstruction/expansion of the existing service station will remain consistent with the surrounding commercial and residential development. 2. The subject site is physically suitable for the type, intensity of the zoning district being proposed in that: 1) the existing and proposed use types are the same, with the exception of the addition of a mini-mart; 2) all of the components of the project are appropriate for the project site; and 3) the service station, including the mini-mart and carwash conforms to the General Plan land use and density requirements for Retail/Office. 3. The proposed amendment will not adversely affect the health or safety if persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare, in that: 1) the proposed modifications to the existing service station will be required to comply with all current building, fire and safety codes; and 2) the use will not change from the existing use. 10f3 6-/5-D7 ~" Attachment 1 d-'b 5(p 4. The proposed amendment is consistent with the Dublin General Plan, which designates the property as Retail/Office. C. Pursuant to the California Environmental Quality Act, the City Council certified a Negative Declaration for the Project on May 15,2007, incorporated herein by reference. SECTION 2. MAP OF THE PROPERTY Pursuant to Chapter 8.120, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the following property ("the Property") from C-N (Neighborhood Commercial) to a C-2 (General Commercial) Zoning District: An approximately 23,747 square foot site located at 8999 San Ramon Road, east of San Ramon Road, south of Alcosta Boulevard and north and west of the San Ramon Village Shopping Center and Willow's Residential Development. (APN: 941-0164-001-07 and 941- 0164-003-02). A map of the rezoning area is shown below: Vicinity Map 20f3 SECTION 3. APPROVAL 81J~1p The regulations for the use, development, improvement, and maintenance of the Property are set forth in the Chapter 8.24 of the City of Dublin Municipal Code (Dublin Zoning Ordinance), Commercial Zoning Districts. SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be enforced thirty (30) days following its adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 15th day of May 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: City Clerk G:\PA#\2006\06-013 Shell Gas Station Remodel\CC\CC ORD\FINAL - Rezone Ord.DOC 30f3 ~ 1J ?"!, RESOLUTION NO. 07 - 21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A REZONE FROM C-N, NEIGHBORHOOD COMMERCIAL TO C-2, GENERAL COMMERCIAL FOR THE ALCOSTA SHELL SERVICE STATION AT 8999 SAN RAMON ROAD APN 941-0164-001-07 and 941-0164-003-02 PA 06-013 WHEREAS, the Applicant, Kathy Kotulak-Hemmen of C&J Cox Corporation, on behalf of the property owners Carl A. and J an A. Cox of Cox-Tracy, Inc., has requested approval of a Rezone to allow for the establishment of a new mini-mart and car wash in conjunction with the A1costa Shell Service Station reconstruction/remodel at the southeast corner of San Ramon Road and A1costa Boulevard; and WHEREAS, the site is currently zoned C-N, Neighborhood Commercial and does not allow for the establishment of a mini-mart or car wash; and WHEREAS, the Applicant is requesting the site be rezoned to C-2, General Commercial which allows for the establishment of a mini-mart in conjunction with a service station and also allows the establishment of a car wash with approval of a Conditional Use Permit; and WHEREAS, a complete application was submitted and is available and on file in the Community Development Department; and WHEREAS, the application also includes a request for a Conditional Use Permit and Site Development Review for the expansion/remodel of an existing service station which would include a new mini-mart, automated car wash and canopy structure over six new fuel dispensers located on a 23,747 square foot site (the "Project"); and . WHEREAS, in accordance with Section 15063 of the California Environmental Quality Act (CEQA), an Initial Study was prepared to determine whether the Project as a whole would have a significant effect on the environment; and WHEREAS, based on the Initial Study it was determined that the Project would not have a significant effect on the environment therefore a Negative Declaration has been prepared; and WHEREAS, the Negative Declaration, dated June 6, 2006 ("Draft ND"), was circulated for public review and comment June 6, 2006 to June 26, 1006 (20 days) during which time no comments were received by the public; and WHEREAS, the Negative Declaration is hereby incorporated by reference and is attached as Exhibit A of Attachment 1 to the April 24, 2007 Planning Commission Agenda Statement; and WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public hearing on said application on November 28,2006 and continued the hearing to a date uncertain, directing the Applicant to address the Planning Commission's concerns regarding the design ofthe project; and lof3 Attachment 2 500 5'" WHEREAS, the Planning Commission held a public hearing on said application on April 24, 2007; 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 that the Planning Commission recommend City Council approval of the Rezone; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Rezone request: 1. The Project meets the purpose and intent of Chapter 8.24 of the Zoning Ordinance in that: it will provide the continued use and reconstruction/remodel of the existing service station along major transportation corridors (1-680) and intersections (San Ramon Road @ Alcosta Boulevard). 2. The Alcosta Shell Service Station Remodel/Expansion project will modernize the outdated service station to meet the current needs and demands of the general public. 3. Additional landscaping will be installed throughout the site as part of the project which will enhance the appearance of the structures from the street and adjacent properties. 4. Since the project site is located along the border of the Cities of Dublin and San Ramon, the expansion of the existing service station will provide employment opportunities for existing and future residents of the City and those of adjacent communities. 5. The proposed amendment would be harmonious and compatible with existing and potential development in surrounding areas in that: 1) the existing use as a service station would remain the same; and 2) the proposed reconstruction/expansion of the existing service station will remain consistent with the surrounding commercial and residential development. 6. The subject site is physically suitable for the type, intensity of the zoning district being proposed in that: 1) the existing and proposed use types are the same, with the exception of the addition of a mini-mart; 2) all of the components of the project are appropriate for the project site; and 3) the service station, including the mini-mart and carwash conforms to the General Plan land use and density requirements for Retail/Office. 7. The proposed amendment will not adversely affect the health or safety if persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare, in that: 1) the proposed modifications to the existing service station will be required to comply with all current building, fire and safety codes; and 2) the use will not change from the existing use. 8. The proposed amendment is consistent with the Dublin General Plan, which designates the property as Retail/Office. 20f3 V; ~ ~.t, BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance approving the Rezone request for PA 06-013, the Alcosta Shell Service Station reconstruction/expansion project, and make all required findings. PASSED, APPROVED AND ADOPTED this 24th day of April 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson NOES: None ABSENT: None ABSTAIN: None Planning Commission Chair ATTEST: Planning Manager G:\P A#\2006\06-O 13 Shell Gas Station Remodel\PC\PC Reso Rezone.doc 30f3 11J ~/p RESOLUTION NO. 07 - 20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN CERTIFYING A NEGATIVE DECLARATION FOR THE ALCOSTA SHELL SERVICE STATION PROJECT AT 8999 SAN RAMON ROAD APN 941-0164-001-07 and 941-0164-003-02 PA 06-013 WHEREAS, the Applicant, Kathy Kotulak-Hemmen of C&J Cox Corporation, on behalf of the property owners Carl A. and Jan A. Cox of Cox-Tracy, Inc., has requested approval of a Rezone, Conditional Use Permit and Site Development Review for the reconstruction and remodel of an existing service station which includes a new mini-mart, automated car wash and canopy structure over six new fuel dispensers located on a 23,747 square foot site known as the Alcosta Shell Service Station at the southeast corner of Alcosta Boulevard and San Ramon Road; and WHEREAS, a complete application was submitted and is available and on file in the Community Development Department; and WHEREAS, in accordance with Section 15063 of the California Environmental Quality Act (CEQA), an Initial Study was prepared to determine whether the Project as a whole would have a significant effect on the environment; and WHEREAS, based on the Initial Study it was determined that the Project would not have a significant effect on the environment therefore a Negative Declaration has been prepared; and WHEREAS, the Negative Declaration, dated June 6, 2006 ("Draft ND"), was circulated for public review and comment June 6, 2006 to June 26, 1006 (20 days) during which time no comments were received by the public; and WHEREAS, the Negative Declaration is attached as Exhibit A of this Resolution; and WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public hearing on said application on Apri124, 2007; 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 that the Planning Commission certify the Negative Declaration; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Negative Declaration: lof2 Attachment 3 ~ Ob ~lR A. The Dublin Planning Commission reviewed and considered the Negative Declaration prior to approving the Project. B. The Initial Study/Negative Declaration determined that the Project will not have a significant effect on the environment. There is no substantial evidence in light of the whole record before the City that the project will have a significant effect upon the environment. C. The Negative Declaration has been completed in compliance with CEQA, CEQA Guidelines and the City of Dublin Environmental Guidelines. D. The Negative Declaration is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the proposed expansion/remodel Project. BE IT FURTHER RESOLVED that based on the above findings, the Planning Commission hereby certifies the Negative Declaration for P A 06-013, the Alcosta Shell Service Station reconstruction/expansion project, and make all required findings. PASSED, APPROVED, AND ADOPTED this 24th day of April 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson NOES: None ABSENT: None ABSTAIN: None Planning Commission Chair ATTEST: Planning Manager G:\PA#\2006\06-013 Shell Gas Station Remodel\PC\PC Reso Neg Dec.DOC 20f2 cr ~ 5'"& RESOLUTION NO. 07-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE ALCOSTA SHELL SERVICE STATION RECONSTRUCTIONIEXPANSION AT 8999 SAN RAMON ROAD (APN 941-0164-001-07 and 941-0164-003-02) PA 06-013 WHEREAS, the Applicant, Kathy Kotulak-Hemmen of C&J Cox Corporation, on behalf of the property owners Carl A. and Jan A. Cox of Cox-Tracy, Inc., has requested approval ofa Conditional Use Permit and Site Development Review for the reconstruction and remodel of an existing service station which would include a new mini-mart, automated car wash and canopy structure over six new fuel dispensers (the "Project") on a 23,747 square foot site known as the Alcosta Shell Service Station at the southeast corner of Alcosta Boulevard and San Ramon Road; and WHEREAS, a complete application was submitted and is available and on file in the Community Development Department; and WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public hearing on said application on November 28,2006 and continued the hearing to a date uncertain, directing the Applicant to address the Planning Commission's concerns regarding the design ofthe Project; and WHEREAS, the Applicant has submitted revised Project plans dated received April 6, 2007; and WHEREAS, the Planning Commission held a public hearing on said application on April 24, 2007; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application also includes a request for a Rezone from C-N, Neighborhood Commercial to C-2, General Commercial to allow for the establishment of the mini-mart and car wash; and WHEREAS, in accordance with Section 15063 of the California Environmental Quality Act (CEQA), an Initial Study was prepared to determine whether the Project as a whole would have a significant effect on the environment; and WHEREAS, based on the Initial Study it was determined that the Project would not have a significant effect on the environment therefore a Negative Declaration has been prepared; and WHEREAS, the Negative Declaration, dated June 6, 2006 ("Draft ND"), was circulated for public review and comment June 6, 2006 to June 26, 1006 (20 days) during which time no comments were received by the public; and WHEREAS, the Negative Declaration is hereby incorporated by reference and is attached as Exhibit A of Attachment 1 to the April 24, 2007 Planning Commission Agenda Statement; and WHEREAS, at the April 24, 2007 Planning Commission meeting the Planning Commission considered the Negative Declaration, Rezone, Conditional Use Permit and Site Development Review; and 1 of23 Attachment 4 lDUV5~ WHEREAS, approval of the Conditional Use Permit and Site Development Review is contingent upon City Council certification ofthe Negative Declaration and City Council adoption of the Rezone; and WHEREAS, the City Council will consider the Planning Commissions recommendation on the Negative Declaration and Rezone at the May 15,2007 City Council meeting; and WHEREAS, a Staff Report prepared for the April 24, 2007 Planning Commission hearing was submitted recommending that the Conditional Use Permit and Site Development Review be conditionally approved; and WHEREAS, the Planning Commission did hear and use its independent judgment and considered all said reports, recommendations, and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: A. The proposed service station reconstruction/expansion is compatible with other land uses, transportation and service facilities in the vicinity, in that: 1) the proposed use will be compatible with the existing use and to the type and nature of operations typically found in the neighborhood; and 2) the General Plan land use designation for the area is Retail/Office, which includes shopping centers, stores, restaurants, businesses and professional offices, motels, service stations and the sale of auto parts. B. The proposed uses, 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 welfare, in that: 1) the proposed modifications to the existing service station will be required to comply with all current building, fire and safety codes; and 2) the uses will not change from the existing use. C. The proposed uses, as conditioned, will not be injurious to property or improvements in the neighborhood, in that: 1) the project is a reconstruction/expansion of an established service station that has been located in the neighborhood for several decades; and 2) the modernization of the existing service station will be more in keeping with the design characteristics of the adjacent mixed-use development (San Ramon Village Plaza) currently under construction. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare, in that the site currently receives all public services and the proposed reconstruction/expansion of the existing service station is not anticipated to require a significant amount of additional services. E. The subject site is physically suitable for the type, density and intensity of the use being proposed, in that: 1) the existing and proposed use types are the same, with the exception of the addition of a mini-mart; and 2) the project conforms to the General Plan land use and density requirements for Retail/Office. F. The proposed use, as conditioned, will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located, in that: 1) the Zoning Ordinance allows car washes and service stations with mini-marts as a conditional use in the C-2, General Commercial Zoning District; and 2) 20f23 llon5"z, conditions of approval have been applied to the project to ensure on-going compatibility with surrounding land uses. G. The proposed use, as conditioned, is consistent with the Dublin General Plan, which designates the land use of the property as Retail/Office. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review: A. Approval of this application is consistent with the purpose and intent of this Chapter, in that: 1) the design and materials of the proposed mini-mart will be compatible with the adjacent residential units and shopping center and with other buildings in the vicinity; and 2) the project will comply with the City's development regulations and requirements. B. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the zoning district in which it is located, and with all other requirements of the Zoning Ordinance. A request to rezone the property from C-N (Neighborhood Commercial) to C-2 (General Commercial) has been submitted as part of the application in order to allow the mini-mart and car wash expansion under the current Zoning Ordinance. C. The approval 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 in that the proposed use type as a service station will remain the same. The modernization of the existing facility will conform to current building and safety codes and will, therefore, improve health, safety and general welfare. D. 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, in that: 1) as conditioned, the building will meet current requirements of the Building and Fire Codes with respect to public safety, circulation, parking and vehicular access; and 2) the mini-mart and automated carwash have been situated on the site to optimize circulation, parking and vehicular access. E. The subject site is physically suitable for the type and intensity of the approved development, in that: 1) the site is currently developed as a service station and carwash, therefore, there will be no change in land use, just an expansion of the existing use. F. There will be no impact to views in that the proposed improvements will not detrimentally change the visual character of the site because: 1) views of the site are limited to the immediate area due to the location of the improvements, and the relatively flat topography of the site, as well as the presence of surrounding development; and 2) the building will be less than 20 feet in height, measured from the highest point, which is well below the maximum height allowed in the C-2 zoning district. G. There will be no impacts to existing slopes and topographic features, in that the proposed service station expansion/remodel will occur on a site that is already developed. 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, and similar elements have been 30f23 I~IJ incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. The architectural design and materials of the remodeled service station and car wash, including stucco finishes, columns, trim, storefront system, metal canopies and the trash enclosure, will be more in keeping with the surrounding development in the neighborhood than the outdated structures that currently exist. I. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public, in that, as conditioned: 1) a preliminary landscape plan was submitted as part of the application and includes a variety of species along both project frontages and internal areas of the site; and 2) the final landscaping and irrigation plans, which will address said landscaping considerations, will be required for review and approval prior to issuance of the building permit. J. The approval of this Site Development Review is consistent with the Dublin General Plan, which designates the land use of the property as Retail/Office. 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 subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rPL 1 Planning. rBl Building. [PO] Police. (PWl Public Works. r ADMl Administration/City Attornev. rFINl Finance. rF] Alameda County Fire Department. (DSRSDl Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health. NDITION TE PL GENE 1. Permit Approval. This Conditional Use Permit and Site Development Review approval is for the expansion and reconstruction of the A1costa Shell Service Station at 8999 San Ramon Road including a new service station canopy and fuel pumps, mini- mart, car wash and associated site improvements (the "Project"). The Project shall generally conform to the project plans submitted by C and J Cox Corporation/RHL Design Group, Inc. dated received April 6. 2007, on file in the Community Development Department, and other plans, text, and diagrams relating to this approval, unless modified by the Conditions of Approval contained herein. 2. Final Approval. Approval of the Conditional Use Permit and Site Development Review is contingent upon the approval of the Rezone request by the City Council. The approval of the Conditional Use Permit and Site Development Review will not take effect until the new zoning designation becomes effective. PL Building Permit Issuance Planning 40f23 3. Permit Expiration and Time Extension. Construction or use shall commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. The original approving decision-maker may grant a time extension for a period no longer than six (6) months provided that the Applicant submits a written request for an extension prior to expiration of the Permit and a determination can be made that all Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met. 4. Revocation. The Conditional Use Permit and Site Development Review approval shall be revocable for cause III accordance with Dublin Zoning Ordinance Section 8.96.020.1, Revocation. Any violation of the terms and conditions of this Permit may be subject to the issuance of a citation. 5. Annotated Conditions of Approval. An annotated copy of these Conditions of Approval (the official signed version) shall be provided in conjunction with all plan review submittals. Each condition shall include an annotation which explains and identifies by sheet number reference how each condition has been satisfied. Submittals will not be accepted without the annotated conditions. 6. Accessory/Temporary Structures. The use of any accessory or temporary structures, such as storage sheds or trailer/container units used for storage or for any other purposes, shall be subject to review and approval by the Community Development Director. 7. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 8. Controlling Activities. The Applicant! Developer shall control all activities on the project site so as not to create a nUIsance to the existing or surrounding businesses and residences. 9. Property Maintenance. The Applicant! Developer and Property Owner shall maintain the property in a safe, clean, and litter-free condition at all times. 10. Trash and Waste Accumulation. The Applicant! Tenant shall provide and conduct regular maintenance of the site in order to eliminate and control the accumulation of trash, excess waste materials and debris. 11. Graffiti. The Applicant/Developer and Tenant! 50f23 PL PL PL PL PL PL PL PL PL,PO One year from date of approval On-going Building Permit Submittal Ongoing Ongoing Ongoing On-going Ongoing On-going I ~ Db S-~ DMC 8.96.020.D andE DMC 8.96.020.1 Planning DMC 8.108 Planning Planning DMC 5.64 Planning DMC 5.68 Property Owner shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti shall be removed as soon as detected and where practical graffiti resistant materials should be used. 12. Nuisance. The Applicant/Tenant shall control all PL business activity so as not to create a public or private nuisance to the existing and surrounding businesses and residents. 13. Noise. Loudspeakers shall be controlled at a low PL, PO level as so not to create a public or private nuisance to the existing and surrounding businesses and residential neighborhoods. No amplified music shall be allowed outside the enclosed buildings. 14. Temporary Promotional Banners and Balloons. PL Temporary Promotional Banner Signs and Balloons shall only .be permitted after first securing an approved Temporary Promotional Sign Permit. All temporary on-site signage shall be subject to the sign regulations contained in the City of Dublin Zoning Ordinance. 15. A-Frame Signs. The use of any A-Frame, portable, PL sandwich-board, pennants, or human-held signs on the premises is strictly prohibited. Said signs and any form of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. 16. Outdoor Events. Any outdoor activity shall be PL subject to review and approval of a Temporary Use Permit per the City of Dublin Zonin Ordinance. IRa.~;F?SIECIFIC - C PE 17. Modifications - Conditional Use Permit (CUP). Modifications or minor changes to the CUP approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.100.080 of the Zoning Ordinance. 18. Annual Review. On an annual basis, the PL, PO Conditional Use Permit approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. 19. Approval Period. The Conditional Use Permit PL approval shall be null and void in the event the approved use fails to be established within one year following the granting of occupancy or, if once established, the use ceases to operate for a continuous one-year period. 60f23 On-going On-going On-going On-going On-going Ongoing On-going On-going t tf~ 5lR DMC 5.28.020 DMC 5.28 DMC 8.84.050 DMC 8.84.150 DMC 8.108.020 DMC 8.100.080 Planning Planning 20. Hours of Operation. The approved hours of PL operation are 24 hours a day, 7 days a week. The Applicant/Tenant shall be responsible for ensuring that activities III the parking lot and any nOIse generated are controlled in a manner that minimizes the impacts to surrounding businesses and residents. 21. Parking. The parking area shall be used in the PL manner represented in project plans, written and verbal statements and other documents, and as stipulated in this Conditional Use Permit. PROJECT SPE SITE DEVELOPMEl1l!i_lmEW 22. Modifications - Site Development Review (SDR). PL Modifications or changes to this SDR approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 23. Master Sign Program. No permanent signage is PL approved as part of this CUP/SDR application. All permanent signage is subject to review and approval of a Master Sign Program prior to Issuance of building permits. 24. Colors. The exterior paint colors of the buildings PL are subject to City reVIew and approval. The Applicant shall paint a portion of the building for reVIew and approval by the Community Development Director prior to painting the entire structure. 25. Equipment Screening. All electrical and/or PL mechanical equipment shall be screened from public VIew. Any roof-mounted equipment shall be completely screened from VIew by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Community Development Director. 26. Trash Enclosure/Garbage Area. The proposed PL, PW trash enclosure shall be architecturally designed to be compatible with the building. The enclosure shall have a roof constructed of materials that are architecturally compatible with the building. The doors must be designed with self-closing gates that can be locked closed and can also be held open with pin locks during loading. All trash bins used for this site shall be maintained within the trash bin enclosure( s) at all times. An area drain shall be 70f23 On-going On-going Ongoing Building Permit Issuance Occupancy Building Permit Issuance Through Completion/ Ongoing Issuance of Building Permit \~ao 5~ Planning Planning DMC 8.104.1 00 DMC 8.84.150 Planning Planning Planning and Public Works installed within the trash enclosure with a connection to the sanitary sewer system. In addition, a hose bib shall be provided for convenient wash- down of the trash enclosure. lA '.ING 27. Final Landscape and Irrigation Plans. Final Landscape and Irrigation Plans prepared and stamped by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the Community Development Director. These plans shall be coordinated with on- site civil, streetlights, and utility improvement plans. The final plans shall be signed Community Development Director and the City Engineer. Plans shall be generally consistent with the preliminary landscape plan prepared by RHL Design Group, received April 6. 2007, except as modified by the Conditions listed below and as required by the Community Development Director. 28. Plant Species. Plant species shall be selected according to use, sun/shade location and space available. The landscape plan should include plant species that are not salt sensitive. Street trees shall be high branching and produce minimal litter. 29. Slopes. The landscape plan shall address slopes within the property, including erosion, maintenance and irrigation issues. All slopes shall have a one- foot level area at top and bottom of the slope for maintenance. 30. Landscaping at Street/Drive Aisle Intersections. Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area and reducing the ability for persons to conceal themselves. 31. Photometric Plan/Lighting Requirements. The Applicant/Developer shall prepare and submit a Photometric Plan with the Final Landscape Plans for review and approval in accordance with the Non Residential Security Ordinance requirements and to the satisfaction of the Community Development Director, Dublin Police Services and the City Engineer. The Plan shall show the foot candles 80f23 PL PL PL PL,PO PL,PW, PO Building Permit Issuance Building Permit Issuance Building Permit Issuance Building Permit Issuance and On-going Building Permit Issuance \~Dt>5lP DMC 8.72.030 Planning Planning Planning and Police Planning provided by all light fixtures on the site. The design and placement of lighting shall not cause glare on adjoining properties, businesses, residences nor to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. All light fixtures are subject to review and approval by the Community Development Director prior to issuance of building permits. The style and finish of the light fixtures shall be coordinated with the light fixtures for the adjacent San Ramon Village commercial center. 32. Street Lights and Trees. Maintain approximately PL, PO 15' clearance between streetlights and street trees. Where such clearance IS not practical for design considerations, trees shall be increased to 36" box minimum to reduce the conflict between the lighting and foliage. 33. Standard Plant Material, Irrigation and PL Maintenance Agreement. The Applicant/ Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. 34. Plant Standards. All trees shall be 24" box PL minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minimum. 35. Screening of Devices. The Landscape Plan shall PL, PW, F show the location of all backflow prevention devices, detector check valves, utility boxes and fire sprinkler risers. The location and screening of these devices shall be reviewed and approved by City staff. 36. Root Barriers and Tree Staking. The landscape PL, PW plans shall provide details showing that root barriers and tree staking will be installed which meet current City specifications. 37. Water Efficient Landscaping Ordinance. The PL Applicant/Developer shall submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. R!IOHS AND CO"l{)NITY SE 38. Public Facilities Fee. The developer shall pay a Public Facilities Fee in the amounts and at the times set forth in City of Dublin Resolution No. 214-02, PCS 90f23 Building Permit Issuance Building Permit Issuance Occupancy Building Permit Issuance Building Permit Issuance Building Permit Issuance Per Reso. 214-02 or subsequent \1trb?w Planning DMC 8.72.050.B Planning Planning Planning DMC 8.88 Parks & Community Services adopted by the City Council on November 19,2002, or in the amounts and at the times set forth in any resolution revising the amount of Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. BUILIIIN~nIVISION 39. Fees. The Applicant shall pay all applicable fees in B effect at the time of building permit Issuance, including, but not limited to, Planning Fees, Building Fees, Dublin San Ramon Service District fees, Public Facilities fees, Tri Valley Transportation fees, Downtown Traffic Impact Fee, Dublin Unified School District impact fees, City of Dublin Fire Bureau fees, Noise Mitigation fees; Inclusionary Housing in lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water connection fees. When and if applicable and customary, credits shall be applied for existing improvements. 40. Building Codes and Ordinances. All project B construction shall conform to all building codes and ordinances in effect at the time of building permit. 41. Building Permits. To apply for building permits, B Applicant/Developer shall submit eight (8) sets of construction plans to the Building Division 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 or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/ Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 42. Construction Drawings. Construction plans shall B be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 43. Addressing. Approved address numbers shall be B, F, PO placed on all doors leading to the exterior of the building. Such addressing shall be painted on the door III a contrastin color. Addresses shall be 10 of23 Reso. 19~ S--& Issuance of Standard Building Permits Through Building Completion Issuance of Building Building Permits Prior to issuance Building of building permits Prior to Building Occupancy illuminated and shall be placed in such a position to be plainly visible and legible from the street or road fronting the property. Address numbers shall be 5 inches in height minimum. 44. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 45. Air Conditioning, HV AC and Mechanical Units. Air conditioning units, ventilation ducts, mechanical equipment shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Building Official and Director of Community Development. 46. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. 47. Green Building Guidelines. To the extent practical the applicant shall incorporate Green Building Measures. Green Building plan shall be submitted to the Building Official for review. 48. Cool Roofs. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective material designed for Cool Roofs. 49. Electronic File. The Applicant/Developer shall submit all building drawings and specifications for this project III an electronic format to the satisfaction of the Building Official prior to the Issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. FIRE PREVENTIO I1of23 B B B,PW B B B Prior to frame inspection Occupancy of Unit During Construction and Prior to issuance of Occupancy Permit Through Completion Through Completion Prior to Occupancy t~Db S-b Building Building Building Building Building Building 50. Fire Sprinklers. Automatic sprinklers shall be provided throughout the building as required by the Dublin Fire and Building Codes. 51. The project shall comply with CFC article 52. 52. Signage. The following slgnage shall be incorporated into an application for a Master Sign Program/Site Development Review: 1. "Emergency fuel shutdown device" at the shutoff. CFC 5201.5.3 2. Signs prohibiting smoking and prohibiting dispensing into unapproved containers. CFC 5201.8 3. Signs stating that engines shall be shut off during fueling. CFC 5201.8 4. Conspicuous signs prohibiting tank filling and fuel dis ensing. CFC 5202.3.7.4 53. Environmental Health. The underground portions of the work are reviewed by the Alameda County Environmental Health Department. Submit plans and comply with the requirements of the Alameda County Environmental Health Department. 54. Fire Extinguishers. Provide 2A10BC fire extinguishers in the retail building/car wash. A minimum 2A, 20BC fire extinguisher is required within 75 feet of any pump, dispenser or fill-pipe openmg. CFC 5202.10. An approved sign in accordance with the Uniform Fire Code shall be conspicuously posted above the extinguisher. CFC 1002 55. Knox Box. Provide a Knox box at the main entrance to the retail building. The Knox box shall contain a key that provides access to the tenant space. Order forms for the Knox box are available at the fire prevention office at the address above. The key can be placed in the box during the Fire Department inspection. 56. Code Compliance. The project shall comply with Uniform Building and Fire Codes as adopted by the City of Dublin. PUBLIC 57. Clarifications and Changes to the Conditions. In the event that there needs to be clarification to these Conditions of Approval, the Directors of Community Development and Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant! Developer by a written document signed by the Directors of F F F F F F F Prior to occupancy Prior to occupancy Issuance of Building Permits Through completion Prior to occupancy Prior to occupancy Through completion 120f23 PW Prior to approval of Improvement Plans 7,()Ob5t.e Fire Fire CFC Fire CFC CFC 902.4 Fire Public Works Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 58. Standard Public Works Conditions of Approval. Applicant/Developer shall comply with all applicable City of Dublin Public Works Standard Conditions of Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 59. Hold Harmless/Indemnification. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 60. Conditions of Approval. A copy of the Conditions of Approval which has been annotated how each condition is satisfied shall be included with the submittals to the Public Works Department for the review of the improvements plans. The notations shall clearly indicate how all Conditions of Approval will be complied with, and where they are located on the plans. Submittals will not be accepted without the annotated conditions. 61. Title Report. A current preliminary title report (prepared within the last six months) together with copIes of all recorded easements and other encumbrances and copIes of Final Maps for adjoining properties and off-site easements shall be submitted for reference as deemed necessary by the City Engineer/ Director of Public Works. 13 of23 PW PW PW PW Approval of Improvement Plans Through completion of Improvements and occupancy of the Buildings With each submittal of Improvement Plans Prior to approval of Improvement Plans 2\C06lQ Public Works Public Works Public Works Public Works 62. Improvements within Existing Easements. The Applicant/Developer shall obtain written permission from the beneficiaries of all existing easements encumbering the site before constructing improvements within the easement areas if the proposed improvements are inconsistent with purpose for which the easement was created. Said permISSIon shall be forwarded to the City as evidence of the Applicant/Developer's right to construct said improvements. 63. Improvement Agreement and Security. Pursuant to ~7.16.620 of the Municipal Code, the Applicant shall obtain a Grading!Sitework Permit from the Public Works Department that governs the installation of required site improvements. As a condition of issuance of said permit, Improvement Security shall be posted to guarantee the faithful performance of the permitted work. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a permit bond executed by the applicant and a corporate surety authorized to do business in California. The amount of the security will be based on the estimated cost of the site work (excluding the building). The applicant shall provide an estimate of these costs for City review with the first plan submittal. 64. Improvement and Grading Plans. All improvement, drainage, utility and grading plans submitted to the Public Works Department for review/approval shall be prepared in accordance with the approved SDR, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-112" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-112" x 11" pages). For on- site improvements, the Applicant! Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department (call 140f23 PW PW PW Prior to approval of Improvement Plans Prior to issuance of Grading! Sitework Permit Prior to issuance of Grading! Sitework Permit 22~5{r; Public Works Public Works Public Works telephone 925-833-6630 for more information). The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved SDR, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. A detailed Erosion Control Plan shall be included with the Grading Plan. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. Detailed Engineer's Estimate of improvement costs . shall be submitted with the plans. 65. GradinglSitework Permit. All improvement work must be performed per a Grading! Sitework Permit issued by the Public Works Department. Said permit will be based on the final set of civil plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site ImprovementPermit Application Instructions and attached application (three 8-1/2" x 11 " pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit Issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 66. Erosion Control during Construction. Applicant/ Developer shall include an Erosion and Sediment Control Plan with the Grading and Improvement plans for review and approval by the City Engineer and/or Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 1 st and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer and/or Public Works Director. All grading, construction, and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erOSIOn control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Management Practices. 150f23 PW PW Issuance of Grading! Sitework Permit Issuance of Grading! Sitework Permit and during construction Z~Db5lo Public Works Public Works 67. Water Quality/Best Management Practices. Pursuant to the Alameda Countywide National Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board (RWQCB), the applicant shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. All trash dumpsters and compactors which are not sealed shall have roofs to prevent contaminants from washing into the storm drain system. Runoff from pavement areas shall be directed to biofiltration swales or other approved post-construction storm water BMPs. Storm drain markers shall be installed on all storm drain inlets using an approved marker available from the Alameda Countywide Clean Water Program 68. Storm Drain Improvements. Applicant/ Developer shall construct all required storm drain improvements in accordance with a site-specific hydrologylhydraulic analysis and/or as specified by the Public Works Director. Plans submitted for the storm drain improvements shall include full drainage pattern for the entire parking lot. 69. Storm Water Treatment Measures Maintenance Agreement. Applicant/Developer shall enter into an agreement with the City of Dublin that guarantees the property owner's perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. 70. Zone 7 Drainage Fee. The applicant will be required to pay Zone 7's SDA 7-1 Impervious surface Area fees for all new hardscape areas. 71. Roof Drainage. Roof drainage shall drain across bio-swales or into bio-filters prior to entering the storm drain system. The landscaping and drainage improvements in the bio-swale and bio- filters shall be appropriate for water quality treatment. The City Engineer may exempt specific roof leaders from this requirement if space limitations prevent adequate water treatment without creating hazards, nuisance 160f23 PW PW PW PW PW Issuance of Grading! Sitework Permit Issuance of Grading! Sitework Permit Issuance of Occupancy Permit(s) Issuance of Building Permit(s) Approval of Improvement Plans Z4trlf>lP Public Works Public Works Public Works Public Works Public Works or structural concerns. Concentrated flows will not be allowed to drain across public sidewalks. 72. Geotechnical Report and Recommendations. The Applicant! Developer shall incorporate the recommendations of the project Geotechnical Investigations report or as may be amended by subsequent report, and additional mitigation measures required by the City Engineer, into the project design. The Geotechnical Engineer shall certify that the project design conforms to the report recommendations pnor to Issuance of a Grading/Sitework Permit. All report recommendations shall be followed during the course of grading and construction. 73. Disabled Parking. All disabled parking stalls shall meet State Title 24 requirements, including providing curb ramps at each loading zone. Curb ramps cannot encroach within the loading/unloading areas. Disabled stalls shall be conveniently located and grouped near the primary entrances to each building. Van accessible stalls shall also be provided and shall meet State Title 24 requirements. 74. Disabled Access Ramps. The Applicant/ Developer shall install disabled access ramps, and where necessary replace or retrofit all existing handicapped ramps, including those located along the proj ect frontage, to meet current State Title 24 requirements. 75. Vehicle Parking. Applicant shall repair any distressed areas of pavement within the existing parking field, then seal and re-stripe the entire parking field. All parking spaces shall be double striped using 4" white lines set approximately 2 feet apart according to Figure 76-3 and S8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"- wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. Wheel stops as necessary shall be provided at the parking stalls. 76. Sidewalk. The Applicant/Developer shall repair any damaged sidewalk along the site frontage. Per Section 1114B.1.2 of the California Building Code, an accessible and direct route travel shall be provided between the building and the public sidewalk on San Ramon Road 77. Signs and Pavement Markin2s. The Applicant/ 170f23 PW PW PW PW PW PW Issuance of Grading/ Sitework Permit and during construction Issuance of Occupancy Permit(s) Issuance of Occupancy Permit(s) Issuance of Occupancy Permit(s) Issuance of Occupancy Permit(s) Issuance of 251J5&i Public Works Public Works Public Works Public Works Public Works Public Developer shall be responsible for the following on- site traffic signs and pavement markings: 1. Handicapped parking signs and legends per State Title 24 requirements. Any other signs and markings deemed reasonably necessary by the City Engineer and/or Public Works Director during final design and/or construction. 78. Relocation of Existing Improvements/ Utilities. Any necessary relocation of existing improvements or utilities shall be accomplished at no expense to the City. 79. Construction Hours. Construction and grading operations shall be limited to weekdays (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 a.m. and 5:00 p.m. by submitting a request form to the City Engineer no later than 5 :00 p.m. the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. 80. Construction Noise Management Program! Construction Impact Reduction Plan. Applicant! Developer shall . conform to the following Construction Noise Management Program! Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: 1. Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-680) to the job site. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. 2. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Use recycled or other non-potable water resources where feasible. 3. Construction equipment shall not be left idling while not in use. 4. Construction equipment shall be fitted with noise muffling devices. 5. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a 180f23 PW PW PW Occupancy Permit(s) Acceptance of Improvements by City Council During Construction During Construction 2f.a lt6 6) /., Works Public Works Public Works Public Works daily basis. 6. Excavation haul trucks shall use tarpaulins or other effective covers. 7. Upon completion of construction, measures shall be taken to reduce wind erosion. Repaving should be completed as soon as possible. 8. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: a) All portions of the site shall be sufficiently watered to prevent dust. b) On-site vehicle speed shall be limited to 15 mph. c) Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the City Engineer. 9. The Department of Public Works shall handle all dust complaints. The City Engineer may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the City Engineer. 10. Construction interference with regional non- proj ect traffic shall be minimized by: a) Scheduling receipt of construction materials to non-peak travel periods. b) Routing construction traffic through areas of least impact sensitivity. c) Routing construction traffic to minimIze construction interference with regional non-project traffic movement. d) Limiting lane closures and detours to off-peak travel periods. e) Providing ride-share incentives for contractor and subcontractor personnel. f) Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune- ups. 81. Damage/Repairs. The Applicant/Developer shall be responsible for the repair of any damaged 190f23 PW Acceptance of Improvements 21 '1J6lA Public Works pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project. 82. Fire Hydrants. The Applicant/Developer shall construct all new fire hydrants in accordance with City of Dublin Fire requirements. Final location of fire hydrants shall be approved by City of Dublin Fire in accordance with current standards. Raised blue reflectorized traffic markers shall be epoxied to the center of the street opposite each hydrant. 83. Occupancy Permit Requirements. Prior to issuance of an Occupancy Permit, the physical condition of the project site shall meet minimum health and safety standards including, but not limited to the following: 1. The walkways providing access to the building shall be complete, as determined by the City Engineer, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. 2. All traffic control devices providing access to the site shall be in place and fully functional. 3. All address numbers for streets providing access to the buildings shall be in place and visible. 4. Lighting for the site shall be adequate for safety and security. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. 5. All construction equipment, materials, or on- going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer. 6. All fire hydrants shall be operable and easily accessible to City and City of Dublin Fire personnel. 7. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. 84. Refuse Collection. The Applicant/ Developer shall provide designated refuse collection areas for the project, subject to approval by the appropriate solid waste collection company prior to approval of improvement plans. All refuse collection areas shall be screened from public view and shall have roofs to protect against rainwater intrusion and floor drains connected to the sanitary sewer system to collect runoff from periodic washdown. 20 of 23 PW PW PW by City Council Prior to issuance of Occupancy Permits Prior to issuance of Occupancy Permit Issuance of Building Permit tt:p'fJ~ Public Works Public Works Public Works The refuse collection service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting of putrescible solid waste as well as source-separated rec clable materials generated by this project. 85.. Required Permits. An encroachment permit from PW the Public Works Department may be required for any work done within the public right-of-way. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works De artment. 86. Public Improvements. All public improvements PW constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771 unless the Public Works Director specifically determines otherwise in writing. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). I)UBlLilil1POLICE SE 87. Non Residential Security Ordinance PO requirements. The Applicant/Developer shall comply with all applicable City of Dublin Non Residential Security Ordinance requirements. 88. Security Plan Required. The Applicant/ PO Developer shall submit a Security Plan for the site for review by Dublin Police Services prior to occupancy. The Plan shall include information on: 1. Alarm systems 2. Camera systems 3. Key control 4. A completed "Business Site Emergency Response Card" 5. Employee safety/security trainin l)~lQi~l)iI)UBLliI1li1i11 RAMON S DISTRICT 89. Improvement Plan Submittal. Prior to issuance of DSRSD any Building Permit by the City of Dublin, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater 210f23 Various Times and Prior to Issuance of Building Permit Acceptance of Improvements by City Council On-going Occupancy Issuance of any building permit ~tJb6lP Public Works Public Works Police Police DSRSD Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 90. Fees. Prior to issuance of any Building Permit by the DSRSD City of Dublin or any Construction Permit by DSRSD, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 91. Improvement Plan Approval for DSRSD DSRSD Facilities. Prior to issuance of any Building Permit by the City of Dublin or any Construction Permit by the DSRSD, whichever comes first, all improvement plans for DSRSD facilities shall be signed by 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 applicant 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 applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 92. Utility Construction Permit. No sewer or water DSRSD line construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all DSRSD conditions have been satisfied. 93. Indemnification. The Applicant shall hold DSRSD, DSRSD it's Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the pro' ect. OTHE ITIONS 94. Construction, Ingress and Egress, and PL, PW Maintenance Ease~ent. The Applicant/Developer shall obtain any and all necessary easements for the construction, ingress and egress, and maintenance of a driveway sufficient to allow vehicular and fuel truck access (ingress and egress) to and from San Ramon Road, which easement( s) shall be in a form 220f23 Issuance of any permit Issuance of any permit On-going 3 () etfJ r:;u DSRSD DSRSD DSRSD DSRSD Planning and Public Works 3tt:fJ6~ satisfactory to the City Attorney. Such easement(s) shall be in addition to any rights granted by Easement Agreement 2004476257 dated 10/2512004. 95. Driveway Design - San Ramon Road. Modifications to the design of the driveway south of the project on San Ramon Road (APN 941-0164- 003-03), as approved under Ordinance 19-04 and City Council Resolution 81-04 for the San Ramon Village Plaza project, are subject to review and approval by the City in accordance with the Dublin Zoning Ordinance. Such approval is required prior to commencing construction on modifications to this area. 96. Driveway Construction. Prior to occupancy, construction of the driveway south of the project on San Ramon Road shall be complete and the driveway shall be open and operational. PL Issuance of Planning Building Permits PL Occupancy Planning PASSED, APPROVED, AND ADOPTED this 24th day of April 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson NOES: None ABSENT: None ABSTAIN: None Planning Commission Chair ATTEST: Planning Manager G:\P A#\2006\06-O 13 Shell Gas Station Remodel\PC\PC Reso CUP _SDR.DOC 23 of 23 ~Z~5l.p AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: November 28, 2006 SUBJECT: A TT ACHMENTS: RECOMMENDATION: ~ PUBLIC HEARING: PA 06-013 - Rezone, Conditional Use Permit and Site Development Review for a reconstruction/expansion of the Alcosta Shell Service Station (Adjudicatory and Legislative Action) Report prepared by Mamie R. Nuccio. Associate Planner 1) Resolution approving a Conditional Use Permit and Site Development Review for the Alcosta Shell Service Station reconstruction/expansion at 8999 San Ramon Road, with project plans attached as Exhibit A. Resolution recommending that the City Council approve a Rezone from C-N, Neighborhood Commercial to C-2, General Commercial for the Alcosta Shell Service Station at 8999 San Ramon Road, with the proposed Ordinance attached as Exhibit A. Resolution recommending that the City Council adopt a Negative Declaration for the Alcosta Shell Service Station project at 8999 San Ramon Road, with Negative Declaration attached as Exhibit A. Aerial Photo. Site Photos. 2) 3) 4) 5) 1) 2) 3) 4) 5) Receive Staff presentation; Open the public hearing; Take testimony from the Applicant and the public; Close public hearing and deliberate; and Adopt the following Resolutions: a) Resolution approving a Conditional Use Permit and Site Development Review for the Alcosta Shell Service Station reconstruction/expansion at 8999 San Ramon Road, with project plans attached as Exhibit A; b) Resolution recommending that the City Council approve a rezone from C-N, Neighborhood Commercial to C-2, General Commercial for the Alcosta Shell Service Station at 8999 San Ramon Road, with the proposed Ordinance attached as Exhibit A; and c) Resolution recommending that the City Council adopt a Negative Declaration for the Alcosta Shell Service Station project at 8999 San Ramon Road, with Negative Declaration attached as Exhibit A. COPIES TO: Applicant, Property Owner Rick Corbett, Michael Banducci In-House Distribution Page 1 of7 G:\PA#\2006\06..o13 Shell Gas Station Remodel\PC\PCSR 11.28-06.DOC Attachment 5 PROJECT DESCRIPTION: 33'tf~ Background The Alcosta Shell Service Station at 8999 San Ramon Road is located adjacent to the San Ramon Village Plaza commercial center (Attachment 4). The site is within a C-N, Neighborhood Commercial Zoning District and 'has a Retail/Office General Plan land use designation. On August 27, 1969, the Alameda County Planning Commission approved a Conditional Use Permit for the existing service station which has been in operation since that time. Over the years, Shell Oil Company has obtained additional Conditional Use Permits for the construction of a cashier booth, storage building, restrooms, and car wash. Although these modifications have altered the service station's original layout, they have not changed the basic function of the site as a service station. On October 17, 1995 (P A 95-031) and again on August 8, 2000 (P A 00-005), the City of Dublin Planning Commission approved development applications for the reconstruction and expansion of the service station; neither project was ever constructed. In accordance with the Zoning Ordinance, if an approved use or structure is not established within one year of the approval, the approval lapses and becomes null and void. Both approvals under P A 95-031 and P A 00-005 lapsed. Adiacent Development In 2004, the City Council approved a General Plan Amendment (GP A), Rezone, Tentative Parcel Map (TPM) and Site Development Review (SDR) for the San Ramon Village Plaza commercial center which is located southeast of the project site. These approvals changed the land use designation for the commercial center from General Commercial to Mixed-Use and changed the zoning designation from C- N, Neighborhood Commercial to PD, Planned Development to allow for the demolition of 34,000 square feet of existing commercial buildings, the construction of 56 multi-family residential units, and the remodeling of the remaining 14,377 square feet of commercial buildings. Although the Alcosta Shell Service Station is located adjacent to San Ramon Village Plaza, it is not part of the commercial center and therefore was not included in the GP A and Rezone. Proiect Proposal The Applicant, Kathy Kotulak Hemmen of C&J Cox Corporation, on behalf of the property owners Carl A. and Jan A. Cox of Cox - Tracy, Inc., is requesting approval of a Rezone, Conditional Use Pennit, and Site Development Review to <;<>nstruct a new 2,162 square foot mini-mart; a 1,264 square foot car wash; a 3,537 square foot canopy; six new fuel dispensers; a new covered trash enclosure; landscaping; and retaining walls for the Alcosta Shell Service Station. The site is located on the southeast corner of Alcosta Boulevard and San Ramon Road arid is approximately 23,747 square feet (.55 acres) in size. Surrounding uses include retail commercial to the east and multi-family residential to the south (Willows @ San Ramon Village). Single family residential homes are located to the west and a Chevron Service Station is located to the north in the City of San Ramon (Attachment 4). The requested approvals are as follows: 1) approval of a Conditional Use Pennit (CUP) for the operation of a new service station, a mini-mart and a car wash (Attachment 1); 2) approval of Site Development Review (SDR) for the construction of a new service station, mini-mart, car wash and associated site improvements (Attachment 1 including Exhibit A); and 3) approval of a Rezone to change the zoning designation of the property from C-N, Neighborhood Commercial to C-2, General Commercial (Attachment 2). 20f7 ANAL YSIS: 34: 1) 51P Rezone The C-N, Neighborhood Commercial zoning designation allows service stations as a conditional use, but prohibits car washes or mini-marts. The existing car wash on-site was approved in 1981, prior to City incorporation, and is considered legal non-conforming because the use and structure were pennitted when approved, but are now prohibited under current zoning. Under the legal non-conforming status, a structure or use cannot be expanded or intensified. The proposed rezone to C-2, General Commercial zoning would allow the existing structures to be rebuilt and the existing uses to be pennitted through a Conditional Use Pennit process. In a C-2, General Commercial Zoning District, Car Wash/Detailing is an allowed use subject to approval of a Conditional Use Permit; Service Stations, and mini-marts combined with a service station, are also allowed uses in the C-2 Zoning District with approval of a Conditional Use Pennit. In order for the property owner to modernize the existing service station, the property must be rezoned to conform to the current zoning regulations. The process for reviewing and approving a rezone request is through a recommendation by the Planning Commission to the City Council. A statement of findings can be found on page 2 of Attachment 2, the Resolution recommending City Council approval of the Rezone request. Conditional Use Permit The project includes the complete demolition of the existing service station and all associated structures for the construction of a new 2,162 square foot mini-mart; a 1,264 square foot automated carwash and storage area; a 3,537 square foot canopy; and six new fuel dispensers. A new Conditional Use Pennit is required due to the scope of the expansion of the service station and would include the service station, the mini-mart, and the car wash. Should the Planning Commission decide to grant the Conditional Use Permit request, the approval would be contingent upon City Council approval of the rezone request. A statement of findings can be found on pages 2-4 of Attachment 1, the Resolution approving a Conditional Use Permit and Site Development Review. Currently, the Alcosta Shell Service Station operates 24 hours a day, 7 days a week, including holidays. No changes are proposed to the existing hours of operation. The facility currently has a staff of 7 employees, which includes maintenance, management, and cashiering positions. Five additional employees would be needed upon completion of the proposed reconstruction and expansion for a total of 12 employees. Site Development Review The Zoning Ordinance requires Site Development Review for any modification to site layout in a commercial zoning district, including new construction with a gross floor area of 1,000 square feet or more; and modifications to parking, fencing, circulation, landscaping, accessory structures, and trash enclosures. Site Lavout (Sheet 1 of Exhibit A to Attachment 1) The new service station canopy would be located adjacent to Alcosta Boulevard. The existing public sidewalk, landscape strip, and service station price sign would remain. The new canopy would be 65'-6" 30f7 3?e1fJW x 54'.0" in size (3,537 square feet). Beneath the canopy would be 6 fueling stations. Six angled parking spaces are to be located along the San Ramon Road frontage. Existing monument signage and landscaping along this frontage would also remain; however, new vacuum and air/water stations would be installed adjacent to the parking stalls. The location of the vacuum and air/water stations along the San Ramon Road frontage would give employees of the service station better surveillance of the area in an effort to prevent vandalism of the units. The new mini-mart would be located on the southern portion of the site with the front entrance facing Alcosta Boulevard. Three parallel parking stalls would be located in the front of the mini-mart and 3 standard parking stalls are proposed along the west side of the building (facing San Ramon Road). A new trash enclosure would be constructed along the east side of the mini-mart adjacent to the entrance to the new car wash. The car wash would be attached to the south elevation of the mini-mart. The exit to the car wash would be along the west elevation facing San Ramon Road. There are 2 existing driveways along Alcosta Boulevard that provide vehicular ingress and egress to the site. A new driveway on the adjacent property to the south was also recently constructed along San Ramon Road by Braddock & Logan in conjunction with the 2004 approvals granted by the City Council for the redevelopment of San RamonVillage Plaza and the construction of 56 residential townhouse units (the Willows). The Alcosta Shell Service Station has a non-exclusive access road easement to utilize this driveway for vehicular ingress and egress; this driveway also serves as the egress point for fuel trucks which access the service station from Alcosta Boulevard and deliver fuel to the site (Sheet 8 of Exhibit A to Attachment 1). Minor modifications to the design of the San Ramon Road driveway are proposed in order for the service station to continue utilizing the driveway for fuel truck egress. Because the modifications to the driveway are located on the adjacent San Ramon Village Plaza property, Condition of Approval No. 95 has been added to the project which requires the proposed modifications to be reviewed and approved in accordance with the Zoning Ordinance prior to construction of the improvements. The purpose for showing the proposed revised design is to demonstrate that the service station would have adequate access for its fuel trucks. The property owner for San Ramon Village Plaza, Mr. Rick Corbett, and his agent, Mr. Michael Banducci, have reviewed the proposed revisions and agreed to work with the owners of the service station to make the necessary modifications for safe egress of the fuel trucks while retaining the median to facilitate vehicle and pedestrian traffic for the San Ramon Village Plaza project and the Willows project. Parking For a service station with mini-mart, the City of Dublin Off.Street Parking and Loading Regulations require I parking space per 300 square feet of commercial sales area with a 5 space minimum.. An additional 4 parking spaces are required for a self-serve carwash, plus additional spaces for drying or vacuum areas (See Table 1). The project proposes to provide 12 parking spaces which is 1 more space than what the Zoning Ordinance requires. Table 1. Use T1 e Commercial Sales Area (1,684 s . ft.) Self-serve (automated) car wash, plus additional parking for drying or vacuum areas Total Parkin Re uired Parkin Ratio 1/300 sq. ft. 4 spaces 6 spaces 1/area uired 40f7 '3u r5b? I..rJ Architecture (Exhibit A of Attachment I) A new 17'- 6" high canopy would be constructed of metal and would be painted with Shell's corporate colors. The supporting posts of the canopy would be painted white with an enhanced gray base and the canopy itself would be painted yellow with a red band. Shell signage is proposed to be incorporated into the canopy on the San Ramon Road and Alcosta Boulevard elevations; however, the signage is not part of the Site Development Review application before the Planning Commission. A condition of project approval has been included to require that all signage be reviewed and approved through a Master Sign Program (Condition of Approval No. 23). A new 19' high mini-mart/car wash building has been designed to be architecturally compatible with the approved architecture for the adjacent San Ramon Village Plaza remodel. Columns have been added to all 4 elevations and a gray base with a silver band has been incorporated into the lower portion of the building. The building is proposed to be constructed of wood with an exterior stucco finish. The light fixtures chosen will also be consistent with fixtures approved as part of the adjacent San Ramon Village Plaza remodel. The storefront windows would be constructed of anodized aluminum and painted black. The proposed trash enclosure has been designed to be architecturally compatible with the mini-mart/car wash building and would have a stucco finish and decorative cornice cap painted to match the mini~ mart/car wash building. Metal canopies have also been introduced on 3 of the 4 elevations to add architectural interest. The canopies are compatible in color and materials to the canopies approved as part of the adjacent San Ramon Village Plaza remodel. Landscaping (Sheet L1 of Exhibit A to Attachment 1) The preliminary landscape plan includes additional landscaping within existing planting strips along the City right-of-way and new landscaping around the building, the trash enclosure, and along the southern property line. A condition of project approval requires that Final Landscape and Irrigation plans be submitted for review and approval by the Community Development Director prior to the issuance of building permits (Condition of Approval No. 27). A retaining wall, ranging in height from12" to 3', would be located along the southern portion of the project adjacent to a parking lot which is part of the San Ramon Village Plaza shopping center. Review by City Departments The Public Works Department, Building Division, Fire Department, Police Services, and Dublin San Ramon Services District have all reviewed the proposed project. Conditions of approval from these agencies are included in the proposed Resolution (Attachment 2). Noticing Requirements In accordance with State Law, a public hearing notice and Notice of Intent to Adopt a Negative Declaration for the November 28, 2006 Planning Commission meeting was published in the local newspaper, mailed to adjacent property owners and tenants within 300 feet of the subject property, and posted in at least three public places. ENVIRONMENTAL REVIEW: The project has been reviewed in accordance with the California Environmental Quality Act (CEQA). An Initial Study of Environmental Review was completed on June 6, 2006. Based on the Initial Study prepared for the project, it has been determined that project will not have a significant impact on the 50f7 ?;> 1 'fJ r;;~ environment; therefore, a Negative Declaration has been prepared (Attachment 3). A public review period was held June 6, 2006 to June 26,2006 (20 days). During the public review period no comments were received on the project. CONCLUSION: The proposed reconstruction and expansion of the Alcosta Shell Service Station will be an improvement to the existing service station. The new mini-mart, car wash, canopy, fuel dispensers, landscaping, and other associated site improvements will enhance the image of the adjacent shopping center and residential development. The proposed project, as conditioned, is consistent with the Dublin General Plan and the proposed Zoning District in which the project site would be located and represents an appropriate project for the site. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; and 5) Adopt the following Resolutions: a) Resolution approving a Conditional Use Pennit and Site Development Review for the Alcosta Shell Service Station reconstruction/expansion at 8999 San Ramon Road, with project plans attached as Exhibit A; b) Resolution recommending that the City Council approve a rezone from C-N, Neighborhood Commercial to C-2, General Commercial for the Alcosta Shell Service Station at 8999 San Ramon Road, with the proposed Ordinance attached as Exhibit A; and c) Resolution recommending that the City Council adopt a Negative Declaration for the Alcosta Shell Service Station project at 8999 San Ramon Road, with Negative Declaration attached as Exhibit A. 60f7 3<611fJ ~I.{J GENERAL INFORMATION APPLICANT: Kathy Kotulak Hemmen, Consultant' C&J Cox Corporation 4431 Stoneridge Drive, Pleasanton, CA 94588 PROPERTY OWNER: Carl A. and Jan A. Cox Cox - Tracy, Inc. 4431 Stoneridge Drive, Pleasanton, CA 94588 LOCATION: 8999 San Ramon Road, Dublin, CA 94568 ASSESSOR PARCEL NO.: 941-0164-001-07 and 941-0164-003-02 GENERAL PLAN LAND USE DESIGNATION: Retail/Office EXISTING ZONING: C-N, Neighborhood Commercial PROPOSED ZONING: C-2, General Commercial SURROUNDING USES: Location Zoning General Plan Land Use Current Use of Property Site C-N, Neighborhood Retail/Office Service Station and Car Commercial Wash North N/ A (City of San Ramon) N/A (City of San City of San Ramon, Ramon) Chevron Service Station South and east PD, Planned Development Mixed-Use Commercial and Multi- Family Residential West R-1, Single Family Single Family Single Family Residential Residential Residential (0.9 -6.0 du/acre) 70f7 Planlzing COml11ission Mil11ltes 3q frIJ ~1rJ CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, November 28,2006 in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:06 p.m. Present: Chair Schaub, Commissioners Biddle, Fasulkey, and King; Mary Jo Wilson, Planning Manager; Melissa Morton, Public Works Director; Marnie Nuccio, Associate Planner; Kristi Bascom, Senior Planner; Kit Faubion, City Attorney; Gregory Shreeve, Building Official; and Rhonda Franklin, Recording Secretary. Absent: Cm. Wehrenberg ADDITIONS OR REVISIONS TO THE AGENDA - NONE MINUTES OF PREVIOUS MEETINGS November 14,2006 minutes, accepted as submitted. CONSENT CALENDAR - NONE ORAL COMMUNICATIONS - NONE WRITTEN COMMUNICATIONS - NONE PUBLIC HEARINGS - NONE 8.1 Alcosta Shell Service Station ExpansionfReconstruction RezonefCUPfSDR (P A 06-013) - The Applicant is requesting approval of a RezonefConditional Use Permit fSite Development Review to demolish an existing service station which includes a car wash, cashier kiosk, fuel dispensers and canopy cover, and construct a new 2,162 square foot convenience store, a 1,264 square foot automated car wash, six new fuel dispensers with a new canopy cover at 8999 San Ramon Road. The site is currently zoned C-N, Neighborhood Commercial and is proposed to be rezoned to C-2, General Commercial in order to allow for the new mini-mart and carwash. Chair Schaub explained the meeting process for the benefit of the audience. He then asked for the staff report. Ms. Marnie Nuccio, Associate Planner, presented the specifics of the project as outlined in the Staff Report. She had one correction to the Staff Report. She stated that the building would be constructed of metal and not wood. CP(mmi"fJ Commission <N.f1f1Il~r ~MI'ctiTlIJ 121 'N (Yl}em6er 28, 201M Attachment 6 % 6l, Chair Schaub asked if the bottom elevation was stucco. Ms. Nuccio responded that it was ~ correct. Cm. Fasulkey pointed to the elevations and asked if it was the rear elevation. Ms. Nuccio responded that it is the east elevation which would serve as the entry to the car wash and would include the trash enclosure. Cm. Fasulkey asked Staff what is taken into account when calculations are done for signage. Ms. Nuccio responded that signage calculations are based on frontages. Cm. Fasulkey asked if the band around the text in the signage is included in the calculations. Ms. Wilson responded that the current sign ordinance allows for an applicant to use any color band around the text for the signage. There was a discussion amongst the Commissioners regarding the colors for that band. Ms. Wilson pointed out that the sign ordinance does specify the calculations for the signage for a gas station, she also described how sign area is calculated. Cm Fasulkey asked if there were any changes to the adjacent commercial project that was previously approved and what is the timeline for that project. Ms. Nuccio responded that the commercial center received its entitlements in 2004 and has undergone the building plan check process. The building permits are ready to be issued and construction is anticipated to begin shortly. Hearing no further questions, Chair Schaub opened the public hearing and asked if the Applicant would like to make a statement. Kathy Kotulak-Hemmen, spoke on behalf of C & J Cox Corporation who are owners of the property. She gave a brief history on the project. She indicated that although she is not happy with the current proposal, however due to the requirements to comply with Shell's supply contract which requires that all remodeling efforts should be approved by its corporate office as well as the requirements to comply with the City's requirements this proposal was brought forward. The current proposal is an end result of their company's hard work as well as keeping in mind the cost effectiveness of the project. Chair asked the Commissioners if they had any issues regarding rezone or parking prior to moving on to the architectural discussion. None of the Commissioners had any problems with either the rezone or parking. Chair Schaub then showed some pictures of gas stations where the architecture complemented the surrounding uses. He was concerned about the architectural compatibility of the current proposal with its surrounding area. Ms. Kotulak-Hemmen explained that the current proposal is the best that her company could do given the reasons she previously stated. Cm King stated that he appreciates the efforts however he felt that he cannot vote in favor of the project as proposed due to architectural concerns. He further indicated that the alternative is to leave the site as is. Cm. Biddle voiced similar concerns regarding the project. W[anniltfJ Comml.S.l-iNI 1<fgu tar ::l[ n'J in,q 122 '}Ii:rL'em6cr 28, 20lJ6 , 4'lDl5(P Ms. Kit Faubion, Assistant City Attorney, reminded the Commission that the public hearing U was still open and the Chair would need to close the hearing prior to deliberation. Hearing no further questions for the Applicant, Chair Schaub closed the public hearing. Chair Schaub stated that the Commission has two choices; one to continue the hearing to a future date or to deny the project. However, he was not in favor of denying the project only for it to get appealed to the City Council. There was a discussion regarding the design of canopy and the colors of the band on the signage. Ms. Wilson clarified for the Commission that the Sign Ordinance is very clear that the color band is not included in the calculation of the square footage for the sign. Cm. King felt that the project area is a gateway to the community and hence it is imperative that the architecture is compatible with the surrounding area. Chair Schaub then listed the items to be addressed for the Commission to vote favorably on the project: 1. Building needs to be modified to include a roof and other elements 2. Canopy to be modified 3. Improve architectural detail 4. Enhance landscaping along Alcosta On a motion by Chair Schaub, seconded by Cm. Biddle, and by a vote of 4-0-1, with Cm. Wehrenberg absent, the Planning Commission unanimously moved to continue the hearing of the project to a future date. 8.2 P A 06-052 Stagecoach Road Assessment District Landscape Alterations - Site Development Review application for landscape alterations to private property (located within the Stagecoach Road Assessment District) at 7678 Coral Way. Cm. Fasulkey recused himself from the remainder of the public hearing. Ms. Faubion explained the reason for this decision for the benefit of the audience. Chair Schaub asked for staff report. Ms. Kristi Bascom, Senior Planner, presented the specifics of the project as outlined in the Staff Report. . Cm. Biddle wanted clarification on the process of the assessment district in terms of how the fees assessed by the District. Ms. Bascom responded that the cost is assessed as part of the property taxes. Cm. Biddle pointed out that Staff had mentioned additional Assessment Districts during the presentation and he would like to know these locations. Ms. Melissa Morton, Public Works Director, explained that there are a total of 5 Assessment Districts in the City; two for lighting and three for landscaping. The locations for the three landscaping assessment districts are: Alamo Creek, Santa Rita and the project area being discussed this (j>[amziuH (.'mnmiJ.I),m, lJ.?~fJutdr ?rfri1inll 123 :N'm:em6cr 28,2006 evening. On. Biddle asked if these areas were left over from prior developments. Ms. M~';b G" ~ responded that the Alamo Creek and Santa Rita districts were intended to be assessment districts to take care of frontage landscaping. Ms. Bascom added that the project area is the only district where the City is maintaining a private property, whereas in the other two districts it is the landscaping in the public right-of-way. Cm. King asked if this project were approved who would be responsible if erosion or landslides occur. Ms. Bascom responded that Staff has included conditions of approval that if such events were to occur then the property owner would be financially responsible. Chair Schaub asked if the project was denied by the Commission, what authority does the City have to ask the owner to remove grapevines on private property after informing them that they had to go through the process to legalize it. Ms. Kit Faubion, Assistant City Attorney explained that the Commission is following a process to make a decision and therefore if it is the Commission's decision to deny, then the City will have the authority to ask the owner to remove the grapevines. Hearing no further questions for Staff, Chair Schaub opened the public hearing and asked the Applicant to make a statement. Tom Fowler, Applicant and property owner of 7678 Coral Way gave a brief history on the property in terms of what existed and how it is currently. Mr. Garth GeIster, resident of 7736 Coral Way, spoke against the project. He gave a presentation and discussed some of the ongoing problems with area and visibility issues. To summarize his concerns, he categorized them into the following areas; visually not appealing, assessment district issues regarding maintaining the integrity of the slopes and maintaining the common look and feel in the area Chair Schaub asked if someone wanted to upgrade the landscape in the easement area, how they would go about doing that and how would the new price be established. Ms. Morton responded that the property owners voted by parcel with 2/3 majority to increase their assessment to address some of the issues. It now has a regular cost index increase each year. Chair Schaub asked if there is a process in place today if a homeowner would like to make a significant change to the landscape. Ms. Morton responded that there 'is no process, for instance, to establish a certain group of design standards for making changes on an individual basis. Chair Schaub raised questions on how the funds in the assessment district were spent. Chair Schaub asked how many homes in the area have backyards that touch the assessment. Mr. GeIster responded that there are about 40 homes. Cm. King stated that there seems to be confusion as to who is responsible in case of serious erosion. Mr. GeIster responded that he needs to look at the assessment district documents, however, he felt that one of the key responsibilities for the City is the interior slopes and their maintenance. He stated that the City is already putting in retaining walls and repairing the (P[anniflf/ C()ml1li.~J"i(ln <R.flfllk'l'I' 'M.eetin,q 124 :Navemoer 28, ~(JOn fences that are falling down and this is being done with the assessment district's funds. :1.~ ffbJi;~ Morton responded that the retaining wails that the City is putting in are very small crumb walls that do not withstand heavy slide or erosion. The City has a maintenance easement to maintain these slopes; however it doesn't mean that if significant erosion were to occur then the assessment district is responsible to fix it. The City has a maintenance easement and is responsible for the maintenance work under the assessment district. Cm. Biddle wanted clarification that the City maintains the slopes up to the fence and that cost is appropriated through the assessment district, however when a fence falls over is it correct that the homeowner is responsible to fix it. Ms. Morton responded that it was correct. Ms. Wilson pointed out that the questions being raised were not part of the proposed project. Based on conditions of approval for this project, any land weakness as the result of the vine plantings would be the homeowner's responsibility. Chair Schaub said that if the Planning Commission decides to approve the project then it would set a precedent. Ms. Wilson pointed out that the Planning Commission has the authority to look at each project independently. Mike Waters, resident of 7712 Coral Way, spoke in favor of the applicant. Susan Fowler, co-applicant, gave her reasons for having the project approved. Sandy Waters, resident of 7712 Coral Way, also spoke in favor of the project. Hearing no other questions, Chair Schaub closed the public hearing, Cm. Biddle stated that he visited the site and agreed that the vines are not noticeable. Although the leaves have fallen off it did not look unattractive. Cm. Biddle stated that the positive aspect of this is that the City has developed a process to handle such instances through the Site Development Review. Cm. Biddle said that he would support the project. Cm. King stated that he would vote to approve the project. He doesn't think it looks unattractive. Chair Schaub stated he has no problems with the project. On a motion by Cm. Biddle, seconded by Cm. King, and by a vote of 3-0-2, with Cm. Wehrenberg and Cm. Fasulkey absent, the Planning Commission adopted: RESOLUTION NO. 06 - 45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW (SDR) FOR LANDSCAPE ALTERATIONS TO PRIVATE PROPERTY (LOCATED WITHIN THE STAGECOACH ROAD ASSESSMENT DISTRICT) AT 7678 CORAL WAY (APN 941-2769-065) P A 06-052 Wfannifl/i ('ilmmlssim'( ~fffl/Car ~.\1i'ttin8 125 'j'{(I1.'1{m6~,. 21:1, 2006 NEW OR UNFINISHED BUSINESS - NONE L14~1.p OTHER BUSINESS 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). The Planning Commissioners did not have any items to report. ADJOURNMENT - The meeting was adjourned at 9:20 p.m. Respectfully submitted, 1/ S-~ Planning Commission Chair ATTEST: Planning ('(J1nl/li.l'Si,~n 'R.lifju[;lr "~"ctin/l 126 '}/(',.'cm6.'r 28,2006 LJI5 ~5~ AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: April 24, 2007 SUBJECT: ATTACHMENTS: RECOMMENDATION: 1) 2) 3) 4) 5) \~t) PUBLIC HEARING: P A 06-013 - Rezone, Conditional Use Permit and Site Development Review for a reconstruction/expansion of the Alcosta Shell Service Station (Adjudicatory and Legislative Action) Report prepared by Mamie R. Nuccio, Associate Planner 1) Resolution certifying a Negative Declaration for the Alcosta Shell Service Station project at 8999 San Ramon Road, with Negative Declaration attached as Exhibit A. Resolution recommending that the City Council approve a Rezone from C-N, Neighborhood Commercial to C-2, General Commercial for the Alcosta Shell Service Station at 8999 San Ramon Road, with the proposed Ordinance attached as Exhibit A. Resolution approving a Conditional Use Permit and Site Development Review for the Alcosta' Shell Service Station reconstruction/expansion at 8999 San Ramon Road, with project plans attached as Exhibit A. Planning Commission Agenda Statement dated November 28, 2006, without attachments. Planning Commission Meeting Minutes of November 28, 2006. November 16,2006 color elevations reviewed at the November 28, 2006 Planning Commission hearing. Receive Staff presentation; Open the public hearing; Take testimony from the Applicant and the public; Close public hearing and deliberate; and Adopt the following Resolutions: a) Resolution certifying a Negative Declaration (Attachment 1) for the Alcosta Shell Service Station project at 8999 San Ramon Road, with Negative Declaration attached as Exhibit A; b) Resolution recommending that the City Council approve a Rezone (Attachment 2) from C-N, Neighborhood Commercial to C-2, General Commercial for the Alcosta Shell Service Station at 8999 San Ramon Road, with the proposed Ordinance attached as Exhibit A; and c) Resolution approving a Conditional Use Permit and Site Development Review (Attachment 3) for the A1costa Shell Service Station reconstruction/expansion at 8999 San Ramon Road, with project plans attached as Exhibit A. 2) 3) 4) 5) 6) ....................................................................--............................................-.............................................................................................................-..................................................................................................---.......... COPIES TO: Applicant, Property Owner Rick Corbett, Michael Banducci In-House Distribution lof5 G:\PA#\2006\06-D13 Shell Gas Station Remodel\PC\PCSR 04-24-D7.doc Attachment 7 PROJECT DESCRIPTION: %/If) r;~ Background The Alcosta Shell Service Station at 8999 San Ramon Road is located adjacent to the San Ramon Village Plaza commercial center. The site is within a C-N, Neighborhood Commercial Zoning District and has a RetaiVOffice General Plan land use designation. On August 27, 1969, the Alameda County Planning Commission approved a Conditional Use Permit for the existing service station which has been in operation since that time. Over the years, Shell Oil Company has obtained additional Conditional Use Permits for the construction of a cashier booth, storage building, restrooms, and car wash. Although these modifications have altered the service station's original layout, they have not changed the basic function ofthe site as a service station. On October 17, 1995 (PA 95-031) and again on August 8, 2000 (PA 00-005), the City of Dublin Planning Commission approved development applications for the reconstruction and expansion of the service station; neither project was ever constructed. In accordance with the Zoning Ordinance, if an approved use or structure is not established within one year of the approval, the approval lapses and becomes null and void. Both approvals under PA 95-031 and PA 00-005 lapsed. At the November 28, 2006 Planning Commission hearing, the Planning Commission reviewed the Alcosta Shell Service Station Rezone, Conditional Use Permit and Site Development Review for the reconstruction/expansion of the existing service station. For a full description of the project, please refer to Attachment 4 which is the Planning Commission Agenda Statement for the November 28th hearing. The Planning Commission did not express any concerns regarding the rezone or parking but did have concerns with respect to architecture and listed the following items for the Applicant to address (Attachment 5): 1. Modify the building to include a roof and other elements; 2. Modify the freestanding gas pump canopy; 3. Improve architectural detailing; and 4. Enhance landscaping along Alcosta Boulevard. The Planmng Commission voted to continue the public hearing to a later date in order to give the Applicant the opportunity to modify the project plans. Staff has been working with the Applicant since November to address the Planning Commission's concerns. ANALYSIS: Modify the Building to include a Roof and Other Elements North Elevation The North elevation is considered the front elevation and serves as the entrance to the proposed mini- mart. The most dramatic change to this elevation is the introduction of a central tower element with a full hip roof in the form of a pyramid. The tower is visually braced by two architectural columns which have a stucco finish and are painted 'Granite Peak' to accentuate and differentiate these columns from other columns at each corner of the building. Stone veneer is applied to the lower portions of the columns as a base treatment and is also incorporated into the front fa9ade of the tower element. The stone veneer is also applied as a base treatment to the lower portions of the proposed mini-mart building and wraps around to the East and West elevations. 20f5 l}l~ s"(P The East and West elevations are the side elevations of the proposed mini-mart building and also include the entrance and exit to the proposed carwash, respectively. East and West Elevations The stone veneer which is provided as a base treatment on the front (North) elevation also wraps side (East and West) elevations. Due to the high visibility of the mini-mart/carwash building from all four sides, wrapping the stone veneer aides in giving the building the appearance of having multiple front fac;ades. The East elevation provides the vehicular entrance to the carwash and the West elevation provides the vehicular exit. Both elevations include stone veneer as a base treatment. The East elevation also includes the proposed trash enclosure which has been designed to be architecturally compatible with the main structure with multiple columns, a stucco finish and a stone veneer base. South Elevation The rear (South) elevation faces the parking lot of the adjacent San Ramon Village Plaza shopping center and the Willows residential town homes. The same architectural detailing found on the front and side elevations would be carried over to the rear elevation providing the building with four-sided architecture. In addition, metal trellis elements have been incorporated into the rear elevation and vines would be planted at the base of the trellises to soften the building wall. The stone veneer base treatment from the front and side elevations would wrap the building to the rear elevation where it would terminate at logical stopping points. Stone veneer would not be applied to the entire rear elevation because it would not be visible due to a proposed retaining wall which would be located on the property line between the car wash building and the parking lot for the adjacent San Ramon Village Plaza commercial center. Because the retaining wall would be visible from the parking lot of the adjacent San Ramon Village Plaza commercial center, elements have been incorporated into the design of the wall to make it architecturally compatible with the mini-mart and car wash buildings and to be aesthetically pleasing to adjacent properties. The wall would be finished with stucco and would incorporate stone veneer faced columns at varying intervals along the length of the wall. The columns and the wall would also include decorative caps. The wall would vary in height from 5-feet at the east end (near the entrance to the car wash) to approximately 3- feet on the west end (near the exit ofthe car wash) when viewed from the San Ramon Village Plaza side. Modify the Freestanding Gas Pump Canopy The canopy has been revised to include an asphalt tile roof to match the hip roofs on the mini-mart and car wash building. The supporting posts now include a stone veneer base further tying the design of the canopy to the main building. Improve Architectural Detailing As noted above, the architectural detailing ofthe mini-mart and car wash building has been enhanced with the introduction of two tower elements with hip roofs, stone veneer columns and a stone veneer base. The building also incorporates four-sided architecture through the wt:apping of materials on all four sides of the building. Enhance Landscaping along Alcosta Boulevard The landscaping along Alcosta Boulevard would include four Photinia Praseri which is a moderate to fast growing evergreen tree and has a mature height of 18-feet. Daylilies would be planted prominently in the center of the landscape strip between the Photinia trees adding color to the landscaped area. Escalonia, a 4- foot high evergreen shrub with pink or white flowers, would be planted along the back edge of the landscape planter. Lantana, also an evergreen shrub, would add vivid orange red flowers to the 30f5 landscaped area along Alcosta Boulevard. The combination of these plant materials will create a 'Jr~nib5'~ colorful landscaped edge along the street frontage. Review by City Departments The Public Works Department, Building Division, Fire Department, Police Services, and Dublin San . Ramon Services District all previously reviewed the proposed project. Conditions of approval from these agencies have been included in the proposed Resolution (Attachment 3). NOTICING REQUIREMENTS: In accordance with State Law, a Public Hearing Notice and Notice of Intent to Adopt a Negative Declaration for the April 24, 2007 Planning Commission meeting was published in the local newspaper, mailed to adjacent property owners and tenants within 300 feet of the subject property, and posted in at least three public places. ENVIRONMENTAL REVIEW: The project has been reviewed in accordance with the California Environmental Quality Act (CEQA). An Initial Study of Environmental Review was completed on June 6, 2006. Based on the Initial Study prepared for the project, it has been determined that project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared (Exhibit A, Attachment 1). A public review period was held June 6, 2006 to June 26, 2006 (20 days). During the public review period no comments were received on the project. CONCLUSION: The proposed reconstruction and expansion of the Alcosta Shell Service Station will be an improvement to the existing service station. The new mini-mart, car wash, canopy, fuel dispensers, landscaping, and other associated site improvements will enhance the image of the adjacent shopping center and residential development. The proposed project, as conditioned, is consistent with the Dublin General Plan and the proposed Zoning District in which the project site would be located and represents an appropriate project for the site. The Rezone findings are included in Attachment 2, page 2 and the Conditional Use Permit and Site Development Review findings are included in Attachment 3, pages 2-4. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; and 5) Adopt the following Resolutions: a) Resolution certifying a Negative Declaration (Attachment 1) for the Alcosta Shell Service Station project at 8999 San Ramon Road, with Negative Declaration attached as Exhibit A; b) Resolution recommending that the City Council approve a Rezone (Attachment 2) from C- N, Neighborhood Commercial to C-2, General Commercial for the Alcosta Shell Service Station at 8999 San Ramon Road, with the proposed Ordinance attached as Exhibit A; c) Resolution approving a Conditional Use Permit and Site Development Review (Attachment 3) for the Alcosta Shell Service Station reconstruction/expansion at 8999 San" Ramon Road, with project plans attached as Exhibit A. 40f5 GENERAL INFORMATION lf1 uo'3~ APPLICANT: Kathy Kotulak-Hemmen, Consultant C&J Cox Corporation 4431 Stoneridge Drive, Pleasanton, CA 94588 PROPERTY OWNER: Carl A. and J an A. Cox Cox - Tracy, Inc. 4431 Stoneridge Drive, Pleasanton, CA 94588 LOCATION: 8999 San Ramon Road, Dublin, CA 94568 ASSESSOR PARCEL NO.: 941-0164-001-07 and 941-0164-003-02 GENERAL PLAN LAND USE: Retail/Office EXISTING ZONING: C-N, Neighborhood Commercial PROPOSED ZONING: C-2, General Commercial SURROUNDING USES: Location Zoning General Plan Land Use Current Use of PrODertv Site C-N, Neighborhood Retail/Office Service Station and Car Commercial Wash North N/A (City of San Ramon) N/A (City of San City of San Ramon, Ramon) Chevron Service Station South and east PD, Planned Development Mixed-Use Commercial and Multi- Familv Residential West R-1, Single Family Single Family Single Family Residential Residential Residential (0.9 -6.0 dulacre) 50f5 DRAFT D3??b5"-lp Lanning Commission Minutes CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, April 24, 2007, in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:08 p.m. Present: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, and Tomlinson; Mary Jo Wilson, Planning Manager; John Bakker, Assistant City Attorney; Marnie Nuccio, Associate Planer; and Rhonda Franklin, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA - NONE MINUTES OF PREVIOUS MEETINGS The April 10, 2007 minutes were approved with two revisions. ORAL COMMUNICATIONS - NONE CONSENT CALENDAR - NONE WRITTEN COMMUNICATIONS - NONE PUBLIC HEARINGS 8.1 PUBLIC HEARING: PA 06-013 - Rezone, Conditional Use Permit and Site Development Review for a reconstruction/expansion of the Alcosta Shell Service Station (Adjudicatory and Legislative Action). Chair Schaub asked for the Staff Report. Ms. Marnie Nuccio, Associate Planner, presented the specifics of the project as outlined in the Staff Report. Chair Schaub asked about the traffic circulation of the project. Ms. Nuccio pointed out the traffic circulation on diagram. Chair Schaub opened the public hearing. Ms. Kathy Kotulak-Hemmen, Applicant, spoke in favor of the project. Pfarminfj Commission <j({:fJufar 5'rfeeting 40 ftpri{24, 2007 Attachment 8 DRAFT 51 ~?~ DRAFTV Cm. Tomlinson asked about the landscape plans. Ms. Kotulak-Hemmen explained that there is not a lot of room on the project for landscaping and that the architect utilized every available space for landscape. Cm. Tomlinson suggested that the light poles be painted a color other than white to prevent a glaring effect. Chair Schaub stated that the light poles should be consistent with the adjacent commercial center. Ms. Kotulak-Hemmen stated that she would not have a problem matching the light poles of the adjacent commercial center. Ms. Nuccio pointed out that Condition of Approval No. 31 requires the style and finish of the light fixtures to be coordinated with the light fixtures of the adjacent commercial center. Cm. King asked about the color of the stucco on the building. Ms. Kotulak-Hemmen explained that it would be the same as the adjacent commercial center. Cm. Wehrenberg asked about the height of the retaining wall. Ms. Kotulak-Hemmen stated that the wall would be 3-5 feet. Cm. Biddle asked about the current status of the project. Ms. Kotulak-Hemmen explained that they are currently working on the Master Sign Program and the building drawings. Hearing no further comments, Chair Schaub closed the public hearing. Vice Chair Wehrenberg stated that graffiti should be added to Condition of Approval No.9 regarding property maintenance. Ms. Nuccio pointed out that Condition of Approval No. 11 discusses graffiti as it relates to property maintenance. On a motion by Cm. Biddle, seconded by Vice Chair Wehrenberg, and by a vote of 5-0-0, the Planning Commission unanimously adopted: RESOLUTION NO. 07 - 20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN CERTIFYING A NEGATIVE DECLARATION FOR THE ALCOSTA SHELL SERVICE STATION PROJECT AT 8999 SAN RAMON ROAD APN 941-0164-001-07 and 941-0164-003-02 PA 06-013 RESOLUTION NO. 07 - 21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN (['farming Commission ~fJufar 5'deetinfJ 41 }lpri{ 24, 2()()7 DRAFT ?2- 5~ DRAFfb RECOMMENDING THAT THE CITY COUNCIL APPROVE A REZONE FROM C-N, NEIGHBORHOOD COMMERCIAL TO C-2, GENERAL COMMERCIAL FOR THE ALCOST A SHELL SERVICE STATION AT 8999 SAN RAMON ROAD APN 941-0164-001-07 and 941-0164-003-02 P A 06-013 RESOLUTION NO. 07 - 22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE ALCOST A SHELL SERVICE STATION RECONSTRUCTION/EXP ANSION AT 8999 SAN RAMON ROAD (APN 941-0164-001-07 and 941-0164-003-02941-0164-003-02, 01) P A 06-013 8.2 PUBLIC HEARING: P A 06-026 - Dublin Gateway Medical Center Building 3 Hospital and Garage - Planned Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development Review, and Development Agreement (Legislative and Adjudicatory Actions). Chair Schaub asked for the Staff Report. Ms. Marnie Nuccio, Associate Planner, discussed the specifics of the project as outlined in the Staff Report. Chair Schaub asked for the definition of GFRC. Ms. Nuccio stated that GFRC is the acronym for Glass Fiber Reinforced Concrete. Chair Schaub asked about the height of the parking garage. Ms. Nuccio explained that there would be 4 levels above ground and 1 level below ground and would be similar in height to the existing medical office building. Chair Schaub asked if the noise study completed for the project only covers the current project plans and project description and does not incorporate future equipment that may be installed at the site, and Ms. Nuccio said yes. Cm. Biddle asked about the ambulance access route, and Ms. Nuccio pointed it out on the diagram. Vice Chair Wehrenberg asked if significant changes to the project would come before the Planning Commission after the project is approved by the City Council. Ms. Nuccio explained P[anninfJ Commission !J?J!fJuf4r :M.eeting 42 fipril24, 2()()? DRAFT 6301.5tp DRAFT U that the City Council would review and be the final decision making body for significant changes to the project. Chair Schaub and Vice Chair Wehrenberg expressed concerns about making a decision on the project when the project is not at build-out and significant changes to the project could occur in the future. Ms. Mary Jo Wilson, Planning Manager, stated that significant changes to the project could be brought before the Planning Commission for recommendation to the City Council. Chair Schaub opened the public hearing. Mr. Rick Needham, with Triad Partners, spoke in favor of the project on behalf of the Applicant. Chair Schaub asked if it is possible to decrease the height of the office building by one story by adding an underground floor. Mr. Needham explained that there is currently a sub grade level that houses equipment. Mr. Jim Terry, with Ware Malcolmb, spoke in favor of the project on behalf of the Applicant. He stated that the 7th story is used to cover the mechanical equipment. Cm. Biddle stated that because this is a hospital, he does not have a problem with the height of the building. Vice Chair Wehrenberg stated that she does not have a problem with the height of the building, but is concerned about the potential future height of the building based on future tenants and uses of the building. She stated that she would like the project to be brought before the Planning Commission if the height of the building increases. Cm. Tomlinson stated that the design of the building gives the perception of a 6-story building. He stated that he is happy with the building architecture. Cm. Biddle stated that he likes the idea of adding an underground level to the building. Ms. Nuccio explained that adding an underground level would increase the square footage and require further review and analysis of the project, as a basement is not a part of the current proposal by the Applicant. Cm. Tomlinson discussed architectural options to soften the corner element of the building. The Planning Commission agreed that the corner element of the building should be softened. The Planning Commissioners agreed that the architecture of the parking garage should be consistent with the architecture of the existing medical office buildings. They discussed various features that could be added to the parking garage that would make it more consistent with the architecture of the existing medical office buildings. Mr. Needham stated that the development team would certainly discuss any modifications with Staff. Cm. Biddle and Vice Chair Wehrenberg expressed concerns about the parking capacity. Cm. Biddle stated that he would like Staff to verify the adequacy of the parking capacity. PfanniT/{f Commission 1?JfJular :Meeting 43 flprif 24, ZOO? DRAFT 6 ~ O1_.s-~ DRAFT 0 Chair Schaub stated that he would like the parking structure to be re-addressed and brought back to the Planning Commission. Chair Schaub and Cm. Tomlinson expressed concerns about the functionality of the loading dock and truck circulation on the site. They expressed concerns about safety and traffic congestion in the area. Ms. Nuccio stated that the Public Works Department reviewed the project plans and did not have any concerns with the loading dock or truck circulation. Vice Chair Wehrenberg expressed concern about the trash bins located along Dublin Boulevard near the emergency parking area. Chair Schaub and Cm. Tomlinson suggested that the trash bins be moved to an internal location on the site and away from the emergency parking area. Mr. Needham stated that he would consider another location for the trash bins. Vice Chair Wehrenberg asked about the potential use of helicopters on the site. Mr. Needham stated that helicopter pads were not included in the project description. Vice Chair Wehrenberg stated that she is concerned about the potential occurrence of ambulances, generators, and oxygen tanks. Ms. Wilson stated that the CEQA (California Environmental Quality Act) analysis reviewed the potential noise and activity of the project and found that it would not be a significant effect to the environment. Vice Chair Wehrenberg stated that mechanical equipment on the site could be a visual and audible distraction to the site. She asked if sound control elements could be incorporated around noisy equipment. Ms. Nuccio stated that the Conditions of Approval discuss equipment screening on the site and that Staff would look into requesting sound control elements to attenuate noisy equipment on the site. Ms. Nuccio pointed out that there is a sound wall that separates the nearest residential homes from Dublin Boulevard. Cm. Tomlinson commented that the shape of the building may serve as a noise barrier to residents and direct noise to 1-580. Cm. Biddle asked about the public notification process for the project, and Ms. Nuccio explained the process. Cm. King expressed concerns about the truck circulation and loading dock area on the site. The Planning Commission and the Applicants discussed options for making the area more functional. Staff stated that they would work with the Applicant on the various options. Ms. Jennifer Kim, resident, had several concerns about the project regarding noise, traffic, and parking. The Planning Commission and Staff addressed each of Ms. Kim's concerns. Hearing no further comments, Chair Schaub closed the public hearing. Chair Schaub recapped the items the Planning Commission would like the Applicant to address: · Soften the corner element on the Dublin Boulevard/Glynnis Rose corner of the medical office building. P{arming Commission '1?flgular :]14.eetinf:J 44 flpri{ 24, ZOO? DRAFT D:ifr /1f) 5b · Make the loading dock more functional for trucks to maneuver. · Move the trash bins to a more internal area of the site. · Make the architecture of the parking garage consistent with the architecture of the existing medical office buildings. · Review landscaping adjacent to the parking garage The Planning Commissioners stated that they still have concerns regarding parking capacity and would like a parking analysis to be completed. The Planning Commissioners stated that they would like significant changes to the project to be brought before the Planning Commission. They further stated that they would like potential generator locations to be internalized within the site and away from the street. Ms. Wilson stated that Staff's recommendation to the Planning Commission, based on the number of significant concerns raised by the Planning Commission, is to have the Staff address the concerns with the Applicant and continue the application to a future Planning Commission meeting. Mr. Needham asked the Planning Commission if he could speak. The Planning Commission voted to re-open the public hearing. Mr. Needham reviewed the Planning Commission's concerns and requested that the Planning Commission approve the project and allow the Applicant to work with Staff on the necessary modifications. Hearing no further comments, Chair Schaub closed the public hearing. On a Motion by Cm. Biddle, seconded by Cm. King, and by a vote of 5-0-0, the Planning Commission unanimously decided to continue the item to the May 8, 2007 Planning Commission meeting. NEW OR UNFINISHED BUSINESS - NONE OTHER BUSINESS 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). Ms. Mary Jo Wilson, Planning Manager, reminded the Planning Commission about the upcoming Geological Hazard Assessment District (GHAD) seminar. Cm. Tomlinson informed the Planning Commission that he plans to inquire about getting a sound wall installed along the sport's field near City Hall due to the noise from the freeway. Chair Schaub asked about the status of the blacked-out windows of the video store on Dublin Boulevards. Ms. Wilson stated that Staff continues to work with owner. ADJOURNMENT - The meeting was adjourned at 9:30 p.m. rp{arming Commission 'R;guf4r 5'14.eeting 45 flpri{ 24, 2007 DRAFT Dalrf"O 5b Respectfully submitted, Planning Commission Chair ATTEST: Planning Manager Pfarmin9 Commission 'l(J:gufar ~tfeetinf:J 46 flprif 24, ZOO?