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HomeMy WebLinkAboutItem 8.1 ShellSrvcStation-SDR (2) /~f, '~) /'/ -..../-., \ CITY CLERK File # D[4][]][Q]-[1l[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 2, 1997 SUBJECT: P A 97-033 Shell Service Station (a part of Hacienda Crossings) - Site Development Review . . (Report prepared by: Jeri Ram, Associate Planner)~ EXIDBIT ATTACHED: 1) Project Plans 2) Written Statement 3) Resolution approving Site Development Review 4) Resolution of the Planning Commission approving a Conditional Use Permit 5) Overall Site Plan RECOMMENDATION: 1) .\:U"t7(2) 3) Receive staff presentation and public input Deliberate Adopt Resolution approving Site Development Review (Exhibit 3) FINANCIAL STATEMENT: The fiscal impacts of this project were addressed as part ofa fiscal analysis performed for the project. The City Council reviewed the fiscal analysis as part of the PD Rezone and Development Agreement applications in January of 1995. In summary, the fiscal analysis concluded that this project is consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's General Plan and the Eastern Dublin Specific Plan and General Plan Amendment. DESCRIPTION: This application for Site Development Review is for the Shell Service Station at Hacienda Crossings. Shell is proposed to be located in the Hacienda Crossings Entertainment and Retail Center north of the main entrance at Hacienda Drive at Pad FI0 (Exhibit 5). The proposal consists ofa 2,300 sq.ft. foodmart, car wash and gas service area on a 37,096 sq.ft. pad in the 53 acre Center. A project site plan, floor plans, landscape plans, and building elevations are located in Exhibit 1. ------------------------------------------------------------------------------------------------------------------------------------------------- COPIES TO: Opus West RHL Design Group Alameda County Surplus Property Auth. Internal Distribution ITEM NO. 8.1 BACKGROUND: The Santa Rita Commercial Center project (now referred to as Hacienda Crossings) has included a PD Rezone to a General Commercial Planned Development, a Development Agreement between the City of Dublin, Alameda County and Opus Southwest (originally Homart), and two parcel maps. Auto Nation has an approved project on the eastern 20 acres of the original 75 acre site and Opus Southwest is the new developer of the 53 acre commercial center. On January 23, 1995, the City Council approved a Mitigated Negative Declaration for the Project. On January 31, 1995, the City Council approved the P.D. Rezone and Development Agreement. Two Parcel Maps have been approved on the project site; one separated the AutoNation S~!e from the proposed commercial center; the other separated the center into four lots, one of which is for the proposed movie theater. At the public hearing on the PD Rezone, the City Council approved conditions that require approval of the Site Development Review Application for this project be made by the City Council at a public meeting. In June, 1997, the City Council approved the Site Development Review application for Regal Theater, a 20 screen theater plus an Imax screen. On October 7, 1997, the City Council approved the Site Development Review for the Retail and Entertainment Village portion of the project. Claim Jumper and Mimi's Cafe were approved by the City Council at their October 21, 1997, meeting. The Planning Commission approved a Conditional Use Permit for the Shell Service Station at their meeting of November 10, 1997 (Exhibit 4). ANAL YSIS: Design Team: Shell's architects are RHL Design Group from Concord, California. RHL worked with the architects for the Center, SGPA, and staff and the City's design consultant, Larry Cannon of Cannon Design Group to refine their standard design for the site. The Applicant will be present at the meeting to answer questions regarding the project. Site Plan: The service station will be facing southwest on the site. The rear of the buildings would be facing in towards the Center and also towards the future hotel. Parking will be provided in front of the foodmart. Access to the station will be from two points on Hacienda Drive as well as at points within the Center. The gasoline canopy will be adjacent to Hacienda Drive. Elevations: This Shell Station will be unique. The architects and Shell representatives have gone out of their way to make this station fit into the theme of the Entertainment Center. Many of the art deco elements from the theater and the Center have been repeated on the foodmart and car wash. Even the gasoline canopy has art deco fins and neon. Shell has agreed to vary from its standard colors on the walls and roof to more closely match that of the Center. Colored elevations and a color and material board will be presented at the meeting. 2 Landscaping: The landscaping for Shell is very well planned and has been chosen to accent the architecture and fit in with the landscaping for the entire Center. The rear of the food mart makes extensive use of landscaping which complements the art deco features. Additionally, vines and shrubs will accent the car wash building which also has an attractive arbor. Consistency with the General Plan, Eastern Dublin Specific Plan and Zoning Ordinance: The proposed Site Development Review application is consistent with the City of Dublin general Plan, the Eastern Dublin Specific Plan and General Plan Amendment and Zoning Ordinance. Development of the proposed shopping center and associated restaurants will implement goals of the Dublin General Plan and Eastern Dublin Specific Plan. The process of Site Development Review is consistent with the requirements of the Zoning Ordinance and Eastern Dublin Specific Plan. Additionally, requirements of the Eastern Dublin Specific Plan for design review will be satisfied by this review of the design of the Project by the City Council. Environmental Review: This project is a component of a larger project ("the Santa Rita Commercial Center Project"), which also includes a rezoning and a Development Agreement that the City previously approved on January 31, 1995. The Santa Rita Commercial Center Project, in turn, was within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was previously certified (SCH No. 91103064). A Mitigated Negative Declaration (SCH 94113020) already has been approved for the Santa Rita Commercial Center Project which, together with the Program EIR, adequately describes this project for the purposes of CEQA. Since the Mitigated Negative Declaration was adopted, the City has identified no changes in the Santa Rita Commercial Center Project or in the circumstances under which the Santa Rita Commercial Center Project is to be undertaken or any other new information which requires revisions to the Mitigated Negative Declaration or to the Program ElR. Departmental and Agency Review: This project has been circulated for review to the various commenting agencies and City Departments. Their recommended conditions are included in the Resolution approving the Site Development Review (Exhibit 3) Conclusion: The City Council's approval this evening would allow for the development of the Shell Service Station as part of Hacienda Crossings Commercial Center. The unusual design of the Station will work with the Center's architecture and be good addition to the Center. RECOMMENDATION: Staff recommends that the City Council conduct a public meeting, deliberate, and adopt the Resolution approving the Site Development Review for the Shell Service Station at Hacienda Crossings.. G:\PA97-033\ccsr 3 ~~ (' o ; ~ / - Ii ,I!l l I I I~l I!" S I; Iii i I!~ i I: /ij i .. 'ij l m{~ l ! ! IN: I'~il I'll !t. o ii!:i z ,(.11 -~ II[! Z 111'l ~M '\11 iO I,;;: lhtl ~ r- ':~'i~ .. c;n Ii." ~ Q S; ... ~ > (f') .. N U t- III U ..: Q (' ~ ,) .. , ~ h ~ .,.QN3::l'<fH II. ~ll I ~~ I ~ ;n ;'I~ i Rli li~ m gg ttt" ~aag IH~ R ~el ~~h Yl ~ - \J\ '" ~ -..... , I '5. m~ ;I-J I ~ III I : ~ i '! o !i I I .. '1 I I I~ , ~ .:! I I'! f r l'5 W 11!Il1I11~1 - Ii' i ,.J: *~ ~ i(e - c:c - J: >< w / / . ! j I J I ~J_- . .._ a..._'U- ....~u____ I r 5 ! . t ~. . \ .- ~. = t; 5 ~ it; ..J W I- Ul .0: !!! 5 gj I, 11 " .! 'f'" II nil am lif;i :1;1: 1:,11 11.11 ,:1:: r~l;!! ~'III'! I. j, \."\ ~ ~ ~ >. D'I' . II ~ .1 I i N ~ ,1:::i-it '! () !i' I i '1 I - e 1:11 Iii ~. 5 I" j! 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'"'" .. \:'. , 111* dljJ ~ II' dh III I; III I!! tI iI i II ~ '!l HI ~ j II .. ~ l j I ~(e ,I ~Ii ~~b ~ ~!~ . . ~ m ._~:...;;:.!C-" _-.0 :-~ Y. ,I .: II 'j I, ~----- :NlO 'f0N30'IfI.l I ! I i i ! I I I ; J- .._ .......,'\tCO~......,.."'--- \1\ ~ '" ~ ~ , '" ". ! 1- ~:- . . , . , ~.IWI! i'g' i , : , W 1111~1 . . J . Ii . I . I ~ r': (-j "' I , I I.!,I i . 0 , 0; 11 u I.' r I Ii=l H!lI ; ~i "' ,II '-- ili ~ ~ "r" I i ~ "I I ,I /1 ;r;!i ~ ~~3 ~ h! I I ~Ili Ii '3 il ~ ! I II ." " it l1J Lm~ lilll ; Rli o II: hi 1111 t:. I r; :1 '. ,I' ~! I.d i ,! rt,.+- ~ U l:ill.. ,.JI jpl'. r:~~ 1II ~ ~ . f- 'Ill'~ lld Sl!' 1.1, I . . I,:.. o~ ""l . ~ . . . .1 i 0 . , ~ ; , ~ .... , , J~l . II I II . I~~ ::: . ~I ~r ~ @i?) II . ~ " i ~ l'I,~d n ~ . II ~J . h ! I 3 I '. . " I, t ,,':' 0 ~~ if . ~. :~ ;~~ ~ I ~J II :!l:: ~I ~.-1 ..... --4l I II 1J . r. I- - !I!~ !2 co I' < . co' L,,- OJ I' o~ Dl -, -, '" z~ . iI . I' . I I I i!~ I ~ I . ~ I II ~ !j . i I 411] II I. ! . . il : ! I ~-t ~-' q; . . L .. ~. i I c ~: ~ '--i J ~ .u h-J I I ~ .".. I . ~ -- ol~ 0 - 0' < . L..,....J -'- S21~ ol~ o~ Dl Zl ""l : . . . . . 0 s;! s;! 5 < . Q s;! 0 Z '" . '. . . . .... .... < .... .... 0 . ... '" 0 Z . . . . . .... .,. < .... ~ 0 . '" "" Z . . . 5 < . ~ a . z . , , . , . . 1_ "_4_"''''' ~""'""-~~- . J . , -- .,-: ~ s ~ ~ . : ~. i: - ~ --",,- , ~ .. Attachment to Initial Study (Environmental Information Form - Part 1) Description of Project: The proposed facility will be a part of the Hacienda Crossing Shopping Center project. The proposed Self Serve Gasoline Station with Convenience Store and Car Wash will occupy a site of approximately 37,000 square feet (.86 acres) in size. Landscaping will occupy approximately 8,495 square feet or 23% of the site. The facility will have a total of 3 structures including a Convenience Store (2,340 sq. it), Car Wash (900 sq. ft.) and Canopy (5,160 sq. ft.). The Convenience Store and Car Wash will be 1 story in height The building will be constructed of stroctural steel with light gallge steel framing and stucco, with masonry veneer accents. - The facility will operate 24 hours per day, seven days a week, and employ approximately 8-10 people in 3 shifts. The number of employees per shift will be from 1 to 3. The number ofparking spaces proposed for the site is 10, including 1 van accessIble handicapped space. Clarification to items checked in question 7: 9. Use of or disposal of potentially hazardous materials, such as toxic substances, f1:lmm::lhle or e>.-plosives. This project includes the operation of a self serve gasoline station. The operation of the facility will require the storage and dispensing of gasoline. The gasoline will be stored in 2 - 15,000 gallon underground double wall fiberglass storage tanks. The tanks will have continuos electronic monitoring. All product piping will be double wall fiberglass. All materials and construction will meet pertinent local, state andfederal regulations. 12. Relationship to a larger project or series of projects. This project will occupy a site within the Hacienda Crossing project EXHIBI"r 2 9~J-5 RESOLUTION NO. 97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING P A 97-033 SITE DEVELOPMENT REVIEW APPLICATION FOR SHELL GASOLINE STATION WHEREAS, RHL Design Group has requested approval of a Site Development Review application for a gasoline service station with a drive-through car wash in a Planned pevelopment Zoning District; and ' . WHEREAS, the proposed project is a component of the Santa Rita Commercial C~nter Project. That project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064). A Mitigated Negative Declaration (94113020) has been approved for the Santa Rita Commercial Center Project. That Mitigated Negative Declaration together with the Program EIR adequately describes the total project for the purpo~es of CEQA; WHEREAS, the Planning Commission at their meeting of November 10, 1997, approved a Conditional Use Permit for a gasoline service station and drive-through car wash at this location; and WHEREAS, based on staff analysis it has been concluded that the proposed Site Development Review falls within the analysis completed as part of the Mitigated Negative Declaration (SCH 94113020) and that no additional impacts have been identified; and WHEREAS the City Council held a properly noticed public hearing on said application on December 2, 1997; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin Council does hereby find that: A. The approval of this application (PA 97-033) is consistent with the intent/purpose of Section 8.104 (Site Development Review) of the Zoning Ordinance. B. The approval of this application, as conditioned, complies with the policies of the General Plan, with the Eastern Dublin Specific Plan and with Planned Development Regulations for P A 94-001 which would allow a gasoline service station and drive-through car wash as a conditional use at this location. 1 EXHIBI I 3 Ih A--2~ C. The approval of this application, as conditioned, is consistent with the design review and scenic corridor requirements in the Eastern Dublin Specific Plan and the City of Dublin Zoning Ordinance. D. The approval of this application, as conditioned, is in conformance with the Mitigation Monitoring Program for the Santa Rita Commercial Center Project Mitigated Negative Declaration. E. The approval of this application, as conditioned, is in conformance with regional transportation and growth management plans. F. The approval of this application, as conditioned, is in the best interests of the public health, safety and general welfare as the development is consistent with all laws and ordinances and implements the Eastern Dublin Specific Plan. G. The proposed physical site development, including the intensity of development, site layout, grading, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, as conditioned, has been designed to provide a desirable environment for the development. ' . H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, signs, building materials and colors, screening of exterior appurtenances, exterior lighting and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility ofthis development with the development's design concept or theme and the character of adjacent buildings and uses. 1. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT THE City Council of the City of Dublin does hereby conditionally approve P A 97-033 Site Development Review for Shell Gasoline Station and drive- through car wash as generally depicted by the staff report and the materials labeled Exhibit 1 to the Staff Report and the color elevations and material board, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of building: permits or establishment of use. and shall be subiect to Planning: Department review and approval. The following: codes represent those departrnents/ag:encies responsible for monitoring com liance of the conditions of a roval. L. Planning:. Building:. 0 Police Public Works rADMl Administration/City Attornev. !FIN} Finance. !Fl Alameda County Fire Department, [DSRl Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health. 2 ;1 tr/tA5 N CONDITION TEXT RESPON. WHEN MATI'---? 0 AGENCY REQ. INDh. GENERAL CONDITIONS 1 This approval shall become null and void in the event the PL Ongoing approved use ceases to operate for a continuous one-year period. 2 This permit shall be revocable for cause in accordance with PL Ongoing Section 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to .- citation. 3 The Developer/Property Owner shall be responsible for clean- PL Ong9ing up and disposal of project related trash to maintain a clean, litter-free site. 4 Prior to the issuance of building permit all applicable fees shall B, PL, BLDG 45-59, be paid. These fees shall include, but not be limited to, those ADM 119,286, fees required by City Ordinances such as Traffic Impact Fees, 165 Traffic impact fees to reimburse Pleasanton for freeway interchanges, Noise Fees, Public Facilities Fees, School impact fees, Fire impact fees, Affordable housing in-lieu fees, Specific plan implementation fees, or any other that may be adopted. The Tri- Valley Transportation Council is presently studying the development ofa Regional Transportation Impact Fee. If this fee is adopted by the City of Dublin, or incorporated into Dublin's Eastern Dublin Traffic Impact Fee prior to building permits being issued, then the unissued building permits shall be subj ect to the new or revised fee. The TIF will be calculated at the time of Finaling of any Building permit. In addition, all fees required by DSRSD, ACF, Zone 7, shall be paid in accordance with those Agencies' ordinances and regulations. 5 The Developer shall comply with applicable Alameda County F, PW, PO, BLDG 8, 15, 18, Fire, Dublin Public Works Department, Dublin Building Z7, DSR, 20, 120, Department, Dublin Police Service, Alameda County Flood PL 122, 138, Control District Zone 7, Alameda County Public and 155 Environmental Health, and Dublin San Ramon Services District requirements. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 6 To apply for building permits, the Developer shall submit nine B BLDG (9) sets of construction plans together with fmal site plan and landscape plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of these 3 /1 d J.3 N CONDITION TEXT RESPON. WHEN MATRIX 0 AGENCY REQ. INDEX conditions of approval. The notations shall clearly indicate how all conditions of approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 7 The Applicant is responsible for those Conditions of Approval PL Ongoing of Resolution No. 6-95 for PA 94001, the Santa Rita Commercial Center Planned Development Rezone; those - obligations of the Development Agreement Between the City of Dublin and Homart Development Co. and Surplus Property Authority of the County of Alameda for the Tri-Valley Crossings Project/Santa Rita Commercial Center, adopted by Ordinance No. 3-95 for which the Applicant is responsible; the Conditions of Approval ofPA97-003, Phase I, Regal Theater Site Development Review, and Phase 2, where applicable; the Conditions of Approval of Resolution No. 3-95 (of the Planning Director) and Resolution No. 4-97 (of the Community Development Director for PA Nos. 95-013 and 97-003 approving Tentative Parcel Map 6879 and 7116, Resolution 120-97 of the City Council relating to the overall design and layout of the shopping center, Resolution of the Planning Commission approving the Conditional Use Permit for this use, and any amendments thereto relating to zoning regulations, subdivision, and improvement of the property. 8 The developer is responsible for complying with all applicable PL, PW Ongoing mitigation measures of the Santa Rita Commercial Center Project Mitigation Monitoring Plan approved by the City Council on January 23, 1995, relating to the improvements of the project site. GENERU DESIGN: 9 Trash enclosures shall have a stucco exterior painted to match PL BLDG the adjacent building or wall with a solid metal door painted to match the stucco. The enclosure shall incorporate use of a 10' x 10' concrete apron in front of the enclosure to facilitate the disposal company's mechanical pick-up service. Raised concrete curbing shall be provided inside the trash enclosure area to serve as wheel stops for the metal trash bins in order to protect the interior walls of the enclosure. The trash enclosure shall have a roof that blends with the design of the main building of the gasoline station. 10 City Staff shall review and approve a utility siting plan showing PW,PL GRAD that transformers and service boxes are placed outside of public view where possible and/or screened. 4 / IJ oD ~5 N CONDITION TEXT RESPON. WHEN MATRIX 0 AGENCY REQ. INDEY 11 All roof equipment shall be completed screened from view by a PL BLDG parapet. Equipment not screened by a parapet shall be screened by materials matching the building, to be approved by the Community Development Director. 12 All signage shall be pursuant to a Master Sign Program to be PL BLDG approved by the City Council for the entire Hacienda Crossings project. Sign locations shall be determined as part of the Master Sign Program. 13 The color for the roof element and canopy shown on the color PL .BLDG and material board shall be reviewed in the field prior to installation with a larger panel to determine color compatibility. A different, but similar color may be substituted if it is determined to work better within the overall color scheme. 14 The red neon fin element shall be added to the facade of the PL BLDG main building in two places (on either side of the peaked roof element on the front of the structure) 15 The painted red fin element on the canopies and at the entry and PL BLDG exit to the car wash (in two places along side the entrance and exit) shall be replaced with red neon. 16 The three decorative elements on the rear of the main building PL BLDG (facing the hotel) shall be moved closer together. 17 All parking shall conform to the plans shown on Exhibit A. PL BLDG Public parking spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart as shown on the "Typical Parking Striping Detail" available in the Planning Department. Handicapped, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. The Developer shall provide a minimum one foot wide raised curb or equivalent on landscape fingers and islands adjacent to parking stalls. LANDSCAPING 18 A final detailed Landscape and Irrigation Plan (generally PL,PW BLDG consistent with the plan provided in Exhibit 1 to the Staff Report) (at 1 inch = 20 feet or larger), along with a cost estimate . of the work and materials proposed, shall be submitted for review and approval by the Community Development Director. The requirements for landscape to development ratios as delineated in PD Res. 6-95 shall be required. Landscape and Irrigation Plans shall be signed by a licensed architect. Final landscape plans shall indicate the common and botanical names, container size, growth rate and number of each plant. All landscaping, as shown on the Landscape and Irrigation Plan, shall include drought tolerant vegetation. Landscaping shall be 5 /L/ d J..;5 N CONDITION TEXT RESPON. WHEN MATRIX 0 AGENCY REQ. INDEX chosen for its compatibility with recycled water. Landscape and irrigation plans shall provide for a recycled water system. PUBLIC SAFETY 19 The water run off from the canopy must not run across the tar F,PW BLDG mat. All run off from down spouts shall be run underground to its appropriate destination. 20 Provide an intercom system for communication with the cashier F,B BLDG and consumer. MISCELLANEOUS: . . 21 Developer shall prepare and submit a Construction Noise PL,PW GRAD 263, 264 Management Program, to the satisfaction of the Community Development Director, that identifies measures proposed to minimize construction noise impacts on existing residents, and shall ensure that construction or grading on the site complies with that program. 22 As part of the grading permit application, Developer shall PL, PW . . GRAD 269,270 submit a Construction Impact Reduction Plan. Said Plan shall include those items addressed as a concern in the Program EIR, in particular, Mitigation Measures 3.11/1 through 3.11/4 and 3.1117. PASSED, APPROVED AND ADOPTED this 2nd day of December, 1997. AYES: NOES: ABSTAIN: . Mayor ATTEST: City Clerk G:\PA97'-033\ccres: 6 / > ~ cJ5 RESOLUTION NO. 97 - 26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 97-033 CONDITIONAL USE PERMIT REQUEST FOR SHELL GASOLINE STATION WHEREAS, RHL Design Group has requested approval of a Conditional Use Permit for gasoline station with a drive-through car wash in a Planned Development Zoning District at Hacienda Crossings Retail and Entertainment Center; and , WHEREAS, the proposed project is a component of the Santa Rita Commercial Center Project. That project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program E1R was certified (SCH 91103064). A Mitigated Negative Declaration (94113020) has been approved for the Santa Rita Commercial Center Project. That Mitigated Negative Declaration together with the Program EIR adequately describes the total project for the purposes of CEQA; WHEREAS, based on staff analysis it has been concluded that the proposed Conditional Use Permit falls within the analysis completed as part of the Mitigated Negative Declaration (SCH 94113020) and that no additional impacts have been identified; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on November 10, 1997; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: A. The proposed use serves the public need by providing a location for gasoline service and a drive through car wash in an area where none presently exists . B. The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be conveniently located near a freeway interchange and main arterial streets. In addition, it will be located an area designated for other commercial services. Additionally, conditions of approval will ensure ongoing compatible with adjacent commercial uses. C. The proposed use will not materially adversely affect the health of safety of persons residing or working the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. D. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. The project is consistent with the intent of the Planned Development Zoning District which encourages large scale commercial uses. 1 EXHIBI~~ / /}C; Additionally, the drive-through car wash, while not mentioned in the Planned Development Zoning District, is a Conditional Use in the C-1 Zoning District, the base district for the Planned Development. E. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and the Eastern Dublin Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 97-033 Conditional Use Permit for Shell Gasoline Station as generally depicted by the staff report and the materials labeled Exhibit A to the Staff Report, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of buildinq permits or establishment of use, and shall be subiect to Planninq Department review and approval. The followinq codes represent those departments/aqencies responsible for monitorinq compliance of the conditions of a;:roval. fPL.l Planninq, fSl Suildinq, fPOl Police, fPWl Public Works fADMl Administration/City Attorne , WIN} Finance, Wl Alameda County Fire Department. fDSRl Dublin San Ramon Services District. fCOl Alameda County Department of Environmental Health. NO CONDITION TEXT RESPON. WHEN MATRIX AGENCY REQ. INDEX GENERAL CONDITIONS 1 This approval shall become null and void in the event the PL Ongoing approved use ceases to operate for a continuous one-year period. 2 This permit shall be revocable for cause in accordance with PL Ongoing Section 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 3 The Developer/Property Owner shall be responsible for c1ean- PL Ongoing up and disposal of project related trash to maintain a clean, litter-free site. 4 Prior to the issuance of building permit all applicable fees shall B, PL, SLDG 45-59, be paid. These fees shall include, but not be limited to, those ADM 119,286, fees required by City Ordinances such as Traffic Impact Fees, 165 Traffic impact fees to reimburse Pleasanton for freeway interchanges, Noise Fees, Public Facilities Fees, School impact fees, Fire impact fees, Affordable housing in-lieu fees, Specific plan implementation fees, or any other that may be adopted. The Tri-Valley Transportation Council is presently studying the development of a Regional Transportation Impact Fee. If this fee is adopted by the City of Dublin, or incorporated into Dublin's Eastern Dublin Traffic Impact Fee prior to building permits being issued, then the unissued building permits shall be subject to the new or revised fee. The TIF will be calculated at the time of Finaling of any Building permit. In addition, all fees required by DSRSD, ACF, Zone 7, shall be paid in accordance with those Agencies' ordinances and regulations. 2 /?~~~ NO CONDITION TEXT RESPON. WHEN MATRIX AGENCY REQ. INDEX - 5 The Developer shall comply with applicable Alameda County F,PW, BLDG 8,15, .10, Fire, Dublin Public Works Department, Dublin Building PO,Z7, 20, 120, Department, Dublin Police Service, Alameda County Flood DSR,PL 122, 138, Control District Zone 7, Alameda County Public Health, and 155 Dublin San Ramon Services District requirements. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 6 To apply for building permits, the Developer shall submit nine B BLDG (9) sets of construction plans together with final site plan and landscape plans to the Building Department 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 be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Developer will be responsible for obtaining the approvals of all participating non- City agencies prior to the issuance of building permits. 7 The Developer shall comply with all applicable City of Dublin PW Ongoing N/A Public Works Typical Conditions of Approval for Subdivisions, all applicable City of Dublin Site Development Review Standard Conditions and the City of Dublin Non-Residential Security Requirements (Exhibit C to the Staff Report). In the event of conflict between these referenced documents and these Conditions of approval, these Conditions shall prevail. 8 A lighting plan for the use shall be submitted for approval to the PL, PO BLDG Planning Department and Police Departments. Site lighting from this use shall not extend beyond the Shell pad area. Said lighting shall blend with the lighting of the Shopping Center. It should also be adequate for security and public safety. 9 Prior to opening for business, developer shall provide a list to PL OCC 3 the City of the number, type and salary level of employees for the business in order for the City to implement the required housing and employment monitoring system required by the Eastern Dublin Specific Plan. 10 The Applicant is responsible for those Conditions of Approval of PL Ongoing Resolution No. 6-95 for PA 94001, the Santa Rita Commercial Center Planned Development Rezone; those obligations of the Development Agreement Between the City of Dublin and Homart Development Co. and Surplus Property Authority of the County of Alameda for the Tri-Valley Crossings Project/Santa Rita Commercial Center, adopted by Ordinance No. 3-95 for which the Applicant is responsible; the Conditions of Approval of PA97-003, Phase I, Regal Theater Site Development Review, and Phase 2, where applicable; the Conditions of Approval of Resolution No. 3-95 (of the Planning Director) and 3 / t 4 )5 NO CONDITION TEXT RESPON. WHEN MATRIX AGENCY REa. INDEX Resolution No. 4-97 (of the Community Development Director for PA Nos. 95-013 and 97-003 approving Tentative Parcel Map 6879 and 7116, Resolution 120-97 of the City Council relating to the overall design and layout of the shopping center, and any amendments thereto relating to zoning regulations, subdivision, and improvement of the property. 11 The developer is responsible for complying with all applicable PL, PW Ongoing mitigation measures of the Santa Rita Commercial Center Project Mitigation Monitoring Plan approved by the City Council on January 23, 1995, relating to the improvements of the project site. 0 GENERAL DESIGN: 12 Trash enclosures shall provide for collection and sorting of PL, ADM BLOG 279 petrucible solid waste as well as source separated recyclable materials. Trash receptacles shall be located as agreed upon with Livermore Dublin Disposal. Written confirmation of this shall be sent to the Director of Planning by the Developer prior to the issuance of building permits. BIOLOGY/ARCHEOLOGY 13 Should any Kit Foxes be discovered on the site either during the PL, PW GRAD 219 Preconstruction Surveyor during project construction, Developer shall be responsible for complying with the Kit Fox Protection Plan. 14 Should any prehistoric or historic artifacts be exposed during PL, PW, B GRAD, 248, 249, excavation and construction operations, work shall cease BLDG. 251 f 252, immediately and the City Planning Department shall be 253 notified. A qualified archeologist shall be consulted to determine whether any such materials are significant prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Appendix K of the California Environmental Quality Act Guidelines. PUBLIC WORKS 15 The first project of phase 2 of the Hacienda Crossings PW acc Development that obtains a building permit will be required to construct sidewalk and landscape improvements along the project frontage of Hacienda Drive and the main entrance from Hacienda Drive to phase 2 of the Hacienda Crossings Development. Sidewalk and landscape improvements shall match and coordinate with other proposed surrounding improvements. Any improvements in the public right of way shall be constructed in accordance with the City of Dublin approved standards and/or plans and after an encroachment permit has been issued and/or subdivision improvement agreement has been entered into. 16 The layout and design of the site striping, drive aisles and PW acc sidewalks shall be configured to maximize traffic safety, circulation, convenience and sight distance per City of Dublin Zoning Standards. All site improvements shall be reviewed and 4 /1 of J,5 NO CONDITION TEXT RESPON. WHEN MATRIX AGENCY REQ. INDE}f approved by the City of Dublin Public Works Director. - - 17 The project shall provide a 4' wide minimum direct access for PW OCC pedestrians from Hacienda Drive to the site per current ADA requirements. 18 All access to the site shall match the configuration of future PW acc drive aisles of the neighboring site parking lot. In the event the neighboring site parking has not been constructed, two 25' temporary paved driveway access roads from Hacienda Drive to the site shall be constructed in accordance to City Standards. These temporary paved access roads shall be reviewed and approved by the Public Works Director. - 19 The first project of phase 2 of the Hacienda Crossing PW acc Development that obtains a building permit will be required to submit to the Public Works Director a drainage study to determine the alignment and size of a proposed site underground storm drain system of the proposed phase 2 development. The study will also include a determination of possible mitigation measures of the existing downstream storm drain system as a result of the increase in rainwater run off of the project drainage area. The Applicant shall comply with all mitigation measures of the approved study or demonstrate to the satisfaction of the Public Works Director that the all mitigation measures will be constructed by other interested entities. 20 The Applicant shall submit a grading, drainage and site PW acc improvement plans of all site improvements by a state licensed Professional Civil Engineer. The site improvement plans will be reviewed and approved by the Public Works Director and issuance of a grading permit will be required prior to site grading. 21 Roof drains shall empty into an approved underground storm PW acc drainage system. Roof water, or other concentrated drainage shall not drain into adjacent properties, sidewalks or driveways. No drainage shall flow across property lines without proper drainage easements from neighboring property owners. 22 The Applicant shall comply with all National Pollution Discharge PW OCC Elimination System (NPDES) regulations and requirements at all times. 23 The location and siting of project specific wastewater, storm PL, PW PM 18, 19, drain and potable water and recycled water system 20,39, infrastructure shall be consistent with the resource management 40,42, policies of the Eastern Dublin Specific Plan and with DSRSD's 118,138 major infrastructure policies. 24 The development shall be equipped to use recycled water for DSR, PW PM 131,145, irrigation. An on-site recycled water irrigation system shall be designed to conform to DSRSD's master plans and standards and specifications. 5 :20 CJf'd5 NO CONDITION TEXT RESPON. WHEN MATRIX AGENCY REQ. INDEX 25 All water mains shall be sized to provide sufficient capacity to DSR, PW PM 157 accommodate future flow demands in the Eastern Dublin Specific Plan and General Plan areas in addition to the project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. 26 Sewers shall be designed to operate by gravity flow to PW, DSR PM 118 DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the Developer for any project that requires a pumping station. 27 Domestic and fire protection waterline systems for Tracts or DSR PM 148 Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 28 Public water and sewer lines shall be located in public streets DSR PM 118 rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 29 Prior to approval by the City of a Grading Permit, the locations DSR PM and widths of all proposed easement dedications for water and sewer lines shall be submitted to DSRSD. 30 Applicant shall submit to DSRSD a one year interior water DSR BP consumption history of a similar gasoline station to help determine sewer capacity. 31 All easement dedications for DSRSD facilities shall be by DSR PM separate instrument irrevocably offered to DSRSD. 32 All improvement plans for DSRSD facilities shall be signed by DSR PM 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 Developer 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 Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 6 ~ / 4 ~5 NO CONDITION TEXT RESPON. WHEN MA TRIX AGENCY REQ. INDEX 33 No sewerline or water line construction shall be permitted DSR Ongoing 155 unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition NO.4 have been satisfied. 34 The Developer shall hold DSRSD, its Board of Directors, DSR Ongoing commissions, employees, and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. 35 Developer shall comply with all implementation responsibilities PW PM for developer as outlined in Table 9.1 "Water Service Matrix of '. Implementation Responsibilities," Table 9.2 "Wastewater Service Matrix of Implementation Responsibilities," and Table 3 "Storm Drainage Matrix of Implementation Responsibilities of the "Eastern Dublin Specific Plan" dated January 7, 1994 for the water system (on file in the Dublin Planning Department). 36 Complete improvement plans shall be submitted to DSRSD that DSR PM 18, 122, conform to the requirements of the DSRSD Code, the DSRSD .' 124-126, "Standard Procedures, Specifications and Drawings for Design 131,144, and Installation of Water and Wastewater Facilities", all 153,155, applicable DSRSD Master Plans and policies and all Recycled 157 Water Design and Construction Standards. 37 Developer shall obtain a "will serve" letter prior to issuance of PW, DSR PM 152, 18 grading permit which states that the project can be served by 19,118, DSRSD for water and sewer service prior to occupancy. 121, 125, 126, 146, 156 38 Zone 7 administers a program for the destruction of unused Z7,PW GRAD wells in the Livermore-Amador Valley. Known water wells without a documented intent of future use, filed with Zone 7, are to be destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7. PUBLIC SAFETY 39 Prior to delivery of combustible materials, the required water F, DSR. B BLOG storage and pressure shall be available at the site to the satisfaction of Alameda County Fire (ACF). Developer should note that the present interim water system is capable of providing a maximum of 3,500 gallons per minute of fire flow to the site. 40 Installation of any gas tanks shall be approved by appropriate PL,F,B BLDG agencies including ACF and City Building and Planning Depts. 41 The Developer shall work with the Dublin Police Department on PO Ongoing an ongoing basis to establish an effective theft prevention and security program. This program may include security cameras, an alarm system, panic alarms, viewing portals or peepholes. The Developer and/or Property Owner shall keep the station clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant paints for the structures and film for windows or glass should be used. 7 ~~ ot J5 NO CONDITION TEXT RESPON. WHEN MATRIX AGENCY REO. INDEX 42 Any Hazardous Materials must be handled in conformance with F Ongoing applicable governmental safety requirements, and disposed of by a certified contractor using proper disposal procedures. 43 Prior to the issuance of building permits for site specific PL, PW, B BLDG 289 developments Phase I (and if necessary Phase II) environmental site assessments shall be made available to the Community Development Director, with appropriate documentation that all recommended remediation actions have been completed. UTILITIES: 44 The Developer shall provide all underground utilities to the PW,PL GRAD 182,108, project. The Developer shall remove all existing overhead 109,228 utilities within the project or convert them to underground. All transmission lines shall be away from sensitive areas unless otherwise approved by the Director of Public Works/City Engineer and Director of Community Development. 45 Developer shall provide documentation that electric, gas, and PL GRAD 107, 110 telephone service can be provided to the subdivision. This documentation shall indicate when service can be provided. DRAINAGE: 46 The storm drainage system shall provide for all on site drainage, PW GRAD 8,162, as well as through drainage. The plans shall incorporate 164 - 167 watersheds and major storm drains as depicted on the Brian Kangas Foulk master drainage plan and/or any other study acceptable to the City for this area. 47 Developer shall prepare plans for the periodic inspection and PW GRAD 199 maintenance of subsurface drainage features, and the removal and disposal of materials deposited in surface drains and catch basins. MISCELLANEOUS: 48 Developer shall insure that stationary source emissions PL GRAD 278 associated with project development are minimized. This shall be accomplished by preparation of a written program to accomplish the requirements of Mitigation Measure 3.11/12.0 of the Eastern Dublin EIR to the satisfaction of the Community Development Director prior to the issuance of a grading permit. 8 ?3 cD ~5 NO CONDITION TEXT RESPON. WHEN MATRIX AGENCY REQ. INDEX 49 Permits shall be required for oversized and/or overweight PW GRAD construction loads coming to and leaving the site. If soil is to be imported or exported from the site, a haul route plan shall be submitted to the City for review and approval. PASSED, APPROVED AND ADOPTED this 10th day of November. AYES: Cm. Jennings, Johnson, Hughes, Musser, and Oravetz NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director G:\pa97 -033\cupres 9 ~tjo{;l~ ~. .:::;:...- = ------- I ~ I It ,< ./~ 4''-. :; ", ~ --=--- ',=== ~ ; \ 3 ! ~ \ , \ t , "\ \ I' II ,/ 1 1:Z; j~ ';::> !"" ~ :>: :::; c: ~ r ~ I II i J - I i-~ OlD .. .. ~ r---... ~~ 1J I:!I-~,I -1"1 nj.1 "i;~~ : I i II OU":!"'~'--~~~~llID"if:::: . ~lz:.I::I.I~U~;l:S~ ~ F-Ji"ii'"5'iilF-lJj~ it ~ 19l' '!l:1I11'!1n113:n1D.11~~1: li~iiUl~ll:; ILl ;! 11'1'11: nunman.lll. Illi. i.l11 , k i!::! ~!!!:: ~ I.':: ".';"I.'il.,,~il ; I i1'il!ri= lilt~r;~tliI;~ ~r.! ll~ ~'- ~ I:~; I i .,. I I' I"! .~" - 171- .'.! 1.1~llli~ 11\11!S~' 7:,il:i~ .1 ;": I ,I! '. < 1111:l~ I ~'7:BI ~ I :::j'! ~" II~ 111111 H ":r I! l~':~: '"I'll ;'!'1111"i\li l~ n".ll. 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