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HomeMy WebLinkAbout4.8 Nissan Commercial Car Wash (PLPA-2022-00003)CELEBRATING DUBLIN C AL IFOR N' A STAFF REPORT CITY COUNCIL Agenda Item 4.8 DATE: November 1, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Nissan Commercial Car Wash (PLPA-2022- 00003) Prepared by: Amy Mihlon, Principal Planner EXECUTIVE SUMMARY: On October 18, 2022, the City Council held a Public Hearing to consider the Nissan Commercial Car Wash project consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a vacuum area with 15 parking spaces and related site improvements. The City Council waived the first reading and introduced the Ordinance approving an amendment to the Planned Development Zoning and adopted a Resolution approving the Conditional Use Permit and Site Development Review Permit. The City Council will hold a second reading of the Ordinance approving the Planned Development Zoning. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03-19 for Kaiser Commercial Project. FINANCIAL IMPACT: All costs associated with processing the Planning Applications are borne by the Applicant. DESCRIPTION: Background The project site is located at the southwest corner of Dublin Boulevard and Kaiser Road as shown in Figure 1 below. Page 1 of 3 253 Figure 1. Project Location 3 vacant vacant -.J_� �_ 3 Dublin Boulevard • 'Subject site I2 Approved Nissan and Inifinti Auto Dealerships 1-580 The property owner proposes to construct a commercial self-service car wash on the project site consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a vacuum area with 15 parking stalls, and related site improvements. The car wash would be open to the public and also used by the planned Nissan and Infiniti automobile dealerships. The proposed car wash is not an allowed use under the PD zoning and, therefore, requires an amendment to the existing PD zoning (Ordinance No. 03-19). In addition, the project requires approval of a Conditional Use Permit and a Site Development Review Permit. Please refer to Attachment 2 for a complete description of the project. On October 18, 2022, the City Council held a public hearing, waived the first reading and introduced the Ordinance amending the Planned Development Zoning. The City Council also adopted a Resolution approving the Conditional Use Permit and Site Development Review Permit. The City Council is being asked to hold a second reading and adopt the Ordinance, included as Attachment 1. ENVIRONMENTAL DETERMINATION: On September 20, 2016, the City Council certified the Kaiser EIR and adopted a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations (Resolution No. 153-16). Pursuant to the requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15162, the proposed project was examined to determine if further environmental review is required. Based on a review of the project, the environmental analysis in the Kaiser EIR and all of the information in the project record as a whole, the City has determined that there is no substantial Page 2 of 3 254 evidence that any of the supplemental review standards are met. The proposed project is within the scope of the project analyzed in the Kaiser EIR because the proposed car wash is within the maximum intensity of commercial development anticipated. The circumstances under which the project is to be undertaken have not substantially changed since the Kaiser EIR was prepared and will not substantially change with approval of the project. As supported by the project description and Site Development Review Permit plans, the Kaiser EIR adequately describes the impacts of the project for the purposes of CEQA, and no mitigation measures or new alternatives are required by the project other than those previously disclosed and analyzed in the Kaiser EIR. Approval of the project would not create any site -specific operations giving rise to environmental effects different from those examined by the Kaiser EIR or requiring the preparation of an Initial Study. The proposed project would be subject to the Kaiser Dublin Medical Center Mitigation Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines Sections 15162 and 15168(c), the project impacts are covered by the Kaiser EIR and no further environmental review is required for this project. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03-19 for Kaiser Commercial Project 2) City Council October 18, 2022 Staff Report, without attachments Page 3 of 3 255 Attachment I ORDINANCE NO. xx — 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT ZONING ORDINANCE NO. 03-19 FOR THE KAISER COMMERCIAL PROJECT PLPA 2022-00003 (APN 985-0027-026-00) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Property Owner and Applicant, Dosanjh Real Estate, LLC, submitted an application to construct a commercial self-service car wash consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a parking area with 15 vacuum stalls and related site improvements. The applications include an amendment to Planned Development Zoning (Ordinance No. 03-19) for Kaiser Commercial, a Conditional Use Permit and a Site Development Review Permit. The proposed development and applications are collectively known as the "Project." B. The Project site is approximately one -acre located on the southwest corner of Dublin Boulevard and Kaiser Road (Assessor Parcel Number 985-0027-026-00). C. On October 4, 2016, the City Council approved a Planned Development Rezone with a Stage 1 Development Plan for the Kaiser Dublin Medical Center Project which included the subject site as part of Phase IB (also known as Kaiser Commercial) (Ordinance No. 07-16). D. On May 7, 2019, the City Council approved a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan for the Kaiser Commercial site as part of the Nissan Automobile Dealership project (Ordinance No. 03-19). E. An amendment to Planned Development Zoning (Ordinance No. 03-19) is necessary to allow the proposed use. F. In accordance with the California Environmental Quality Act (CEQA) certain projects require review for environmental impacts and, when applicable, environmental documents to be prepared. G. On September 20, 2016, the City Council certified the Kaiser Dublin Medical Center Project Environmental Impact Report (EIR), which included the subject site identified as Phase 1 B, and adopted a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations (Resolution No. 153-16, incorporated herein by reference). H. Pursuant to the requirements of CEQA, the Project was examined to determine if further environmental review is required. The analysis concluded that the environmental impacts of the Project were analyzed in the Kaiser Dublin Medical Center EIR. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 3 256 would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines Sections 15162 and 15168(c) exist. Following a properly noticed public hearing on September 27, 2022, the Planning Commission adopted Resolution No. 22-12, recommending denial of an amendment to Planned Development Ordinance No. 03-19 for the Kaiser Commercial Project, a Conditional Use Permit and a Site Development Review Permit, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours. J. On October 18, 2022, the City Council held a properly noticed public hearing on the Project, including the proposed amendment to Planned Development Zoning (Ordinance No. 03-19), at which time all interested parties had the opportunity to be heard. K. Staff Report dated October 18, 2022, and incorporated herein by reference, described and analyzed the Project, including the proposed amendment to Planned Development Ordinance No. 03-19, for the City Council. SECTION 2: AMENDMENT TO EXISTING STAGE 1 AND STAGE 2 DEVELOPMENT PLAN Amendment to the PD Stage 1 and Stage 2 Development Plan is limited to adding Car Wash/Detailing as a Conditionally Permitted Use with the following notation: Notes: 5. Use allowed on Parcel 2 and only when supporting a City -revenue generating use within the Kaiser Commercial Project Area. SECTION 3. SEVERABILITY The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 4. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect 30 days following its adoption. Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 3 257 PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 1st day of November, 2022, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 3 258 CELEBRATING DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 6.1 DATE: October 18, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Nissan Commercial Car Wash (PLPA-2022-00003) Prepared by: Amy Million, Principal Planner EXECUTIVE SUMMARY: The Applicant, Dosanjh Real Estate, LLC, is requesting approval of a commercial self-service car wash consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a vacuum area with 15 parking spaces and related site improvements. The application includes an amendment to Planned Development Zoning Ordinance No. 03-19 for the Kaiser Commercial Project, a Conditional Use Permit and a Site Development Review Permit. The City Council will consider the proposed Nissan Commercial Car Wash project and a determination that the project impacts are covered by the Kaiser Dublin Medical Center Environmental Impact Report and no further environmental review is required. STAFF RECOMMENDATION: Conduct the public hearing, deliberate and: 1) waive the reading and INTRODUCE the Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03-19 for Kaiser Commercial; and 2) adopt the Resolution Approving a Conditional Use Permit and Site Development Review Permit Related to the Nissan Commercial Car Wash Project. FINANCIAL IMPACT: All costs associated with processing the Planning Applications are borne by the Applicant. DESCRIPTION: Background The project site is located at the southwest corner of Dublin Boulevard and Kaiser Road as shown in Figure 1 below. Residential and commercial uses surround the site as shown in Table 1 below. Page 1 of 10 259 Figure 1. Project Location 'JFFTE. .. - 1. r eke 4 • Approved Nissan and Inifinti Auto Dealerships Dublin Boulevard 1-580 Table 1: Surrounding Land Uses Location Zoning General Plan Land Use Current Use of the Property North PD (Planned Development) Ordinance No. 06-00 High Density Residential Multi -Family Residential (The Terraces) South PD Ordinance No. 03-19 Medical Campus / Commercial Vacant / Nissan and Infiniti Auto Dealerships (planned) East PD Ordinance No. 07-16 Medical Campus Kaiser Medical Center West PD Ordinance No. 03-19 Medical Campus / Commercial Vacant The City Council approved the Kaiser Medical Center project in 2016. The approvals included a General Plan and Eastern Dublin Specific Plan Amendment (Resolution No. 151-16), Planned Development (PD) Rezone with a Stage 1 Development Plan for the entire project site, a Stage 2 Development Plan for the first phase (Phase 1A) of the Kaiser facilities (Ordinance No. 07- 16), and a Development Agreement (Ordinance No. 08-16). The General Plan and Eastern Dublin Specific Plan Amendment established two land use designations, Medical Campus on approximately 36 acres for up to 950,000 square feet of medical campus uses and Medical Campus/Commercial on approximately 22 acres for up to 250,000 square feet of commercial uses (referred to as Phase 1B). The Medical Campus land use designation is intended to provide an attractive, campus -like setting for medical offices, hospitals, and other non -retail commercial uses. The Medical Campus/Commercial land use Page 2 of 10 260 designation accommodates a range of commercial uses including regional- and community - serving retail uses, professional and administrative offices, hotel, entertainment, automotive sales, and eating and drinking establishments. Development of a self-service car wash facility on the Medical Campus/Commercial site is the proposed project. The PD zoning for the commercial site focuses on uses that will generate revenue to the City. The focus on revenue -generating uses is unique to this PD and stemmed from the loss of tax revenue as a result of the uses allowed by the General Plan land use change to Medical Campus to accommodate the Kaiser Medical Center. Kaiser subsequently sold Phase 1B. In February 2019, the new property owner subdivided the Phase 1B site into four parcels as shown in Figure 1. In addition, in April 2019, the City Council approved a PD Rezone with a Stage 2 Development Plan for all four parcels of the commercial site (Ordinance No. 03-19). Parcels 1-3 are currently vacant and the subject project, Nissan Commercial Car Wash, is proposed on Parcel 2. Nissan and Infiniti automobile dealerships have been approved on Parcel 4; the building permit for the Nissan dealership has been issued and the building is currently under construction. A building permit application for the Infiniti dealership has been submitted. On May 17, 2022, City Council held a Study Session on the proposed project and provided direction to Staff to proceed with reviewing this application and an amendment to the PD zoning to allow a commercial car wash. In addition, the City Council directed Staff to evaluate the proposed color scheme, potential noise mitigation, additional mature landscaping and provide notice of the Community Meeting to the Apex community located just west of the project site. Proposed Project The property owner proposes to construct a commercial self-service car wash on the project site consisting of a 3,574-square-foot building housing a drive-thru automatic car wash tunnel, a vacuum area with 15 parking stalls, and related site improvements. The car wash would be open to the public and also used by the planned Nissan and Infiniti automobile dealerships. The proposed car wash is not an allowed use under the PD zoning and, therefore, requires an amendment to the existing PD zoning (Ordinance No. 03-19). In addition, the project requires approval of a Conditional Use Permit and a Site Development Review Permit. Analysis Planned Development Zoning Amendment An amendment to the existing PD zoning is proposed to add "Car Wash/Detailing," as defined by the Zoning Ordinance, as a conditional use on Parcel 2. As previously stated, the uses currently allowed in the PD focus on revenue generating uses, which is unique to this PD. In evaluating revenue from other car washes in the City, the revenue generated from car washes is minimal. However, the proposed car wash is also unique in that it supports the Nissan and Infiniti automobile dealerships, which are planned City -revenue generating uses within the Page 3 of 10 261 PD. The proposed amendment to the PD continues to support the focus on revenue generating uses and would provide a local -serving commercial use that benefits planned businesses within the development as well as the community. The requirement for a Conditional Use Permit (CUP) provides a tool to help ensure that the operation and use of the car wash is compatible with surrounding commercial and residential uses. No other changes to the PD are proposed. The draft Ordinance is included as Attachment 1. Conditional Use Permit As noted above, the proposed use would require approval of a CUP. The CUP process allows the City to review the operation of the proposed use to ensure that it is consistent with the intent of the Zoning Ordinance and to limit the likelihood of impacts on existing and future businesses within the Kaiser Commercial development as well as adjacent residential and commercial uses. Operation: The proposed car wash will operate from 8:00 a.m. to 6:00 p.m. daily. The peak periods of operation are anticipated to be Friday afternoons, and Saturday and Sunday mornings. The Applicant, which also operates the Nissan and Infiniti automobile dealerships, anticipates that the Nissan and Infiniti dealerships would use the car wash Monday through Saturday for approximately 10-20 vehicles per day depending on their needs. A car wash cycle through the tunnel takes approximately 2.5 minutes to complete; however, due to the tunnel's conveyance system, multiple vehicles can be in the tunnel at one time. Therefore, it is estimated that the car wash tunnel can accommodate a maximum of 29 vehicles per hour, which is the equivalent to one vehicle loaded every two minutes on the conveyor. Upon completion of the car wash, a customer can park at one of the 15 vacuum parking spaces where 17 individual vacuum stations are located. The additional vacuum stations provide access to both sides of the vehicle at every parking stall. During the hours of non -operation, access to the site will not be restricted; however, the pay station, car wash tunnel and vacuum stations will be powered off. For security purposes, site lighting will remain on. Noise: The Applicant submitted a Noise Assessment Study (NAS) as part of their application materials, which analyzed the noise impacts of the proposed car wash including the vacuum area. The NAS evaluated noise exposure from the property line to the closest residential buildings located across Dublin Boulevard. The NAS is included as Attachment 4. The NAS was required for the project to address to the Noise Element of the Dublin General Plan. The Noise Element uses the Community Noise Equivalent Level (CNEL), which is a time - weighted 24-hour average noise descriptor commonly used to describe community noise Page 4 of 10 262 environments. Noise levels averaged over 24 hours are often termed "noise exposure." The normally acceptable noise exposure for residential land uses is 60 decibels (dB) CNEL. As the City does not have noise standards for car wash noise impacts on residential land uses, 60 dB CNEL was used in the study as the limit for project -generated noise at the nearest and most impacted residences across Dublin Boulevard from the site. The NAS concluded that car wash operational noise would not exceed 60dB CNEL nor add to the existing noise environment at the residences across Dublin Boulevard. The City engaged the services of First Carbon Solutions (FCS), an acoustical engineer, to peer review the NAS. According to FCS, the NAS clearly identified the proposed project's stationary operational noise levels and their potential to result in a substantial permanent increase in ambient noise levels in the project vicinity within the standards established in the General Plan. The operational noise level calculations are verifiable and accurately calculated as measured at the nearest sensitive receptor land use. In order to ensure that the operation of the car wash is within the anticipated limits of the NAS, a condition of approval is included to require an assessment of the actual noise levels at the car wash tunnel to be conducted prior to the facility beginning operation. The assessment would be required, for review and approval of the Community Development Director, prior to operation of the proposed car wash. The Resolution, including findings specified in Dublin Municipal Code Section 8.100.060, approving the CUP and conditions of approval is included as Attachment 2. Site Development Review Permit A Site Development Review Permit is required for all new principal structures. The following is a summary of the key components of the project associated with the Site Development Review Permit. Site Plan, Access, and Circulation: The project site is accessed on the east side of the property from an existing driveway off Kaiser Road as shown in Figure 2. No direct access from Dublin Boulevard is proposed. The intersection of Kaiser Road and Dublin Boulevard is a shared intersection for access to the Kaiser Dublin Medical Center, the Nissan and Infiniti car dealerships, and the vacant commercial sites. The proposed car wash tunnel is proposed on the west side of the property, perpendicular to Dublin Boulevard. The vacuum stations, with 15 parking spaces, are proposed in the middle of the site in two rows. The car wash tunnel and outdoor vacuum stations would be visible from Dublin Boulevard. This placement also results in some units at The Terraces across Dublin Boulevard having direct visual access into the car wash tunnel and vacuum stations. Page 5 of 10 263 Once on site, two vehicle lanes are provided for queuing to the pay station and entry from the north end into the car wash tunnel. The two pay station lanes provide queuing storage for approximately 14 vehicles. As vehicles continue past the pay stations, the lanes merge into one lane for access to the car wash tunnel. This area beyond the pay station accommodates approximately five vehicles. Upon exiting the tunnel on the south end, a vehicle can proceed to either exit the site or park at one of the 15 vacuum parking spaces. Prior to entering the car wash tunnel an escape lane leading directly to the vacuum stations is also available. The City engaged the services of Kimley Horn Associates (KHA) to evaluate traffic impacts and on -site circulation to confirm that queuing for the pay stations and car wash tunnel would be adequate and would not extend onto Kaiser Road and/or Dublin Boulevard. More specifically, KHA prepared a traffic analysis that addressed the following: Figure 2. Site Plan C._... a..,:: � 91E11 oFT1 fe MN .. iffiro R.,a .00i - %, • n .1 € i . o I _,,0 I 1. Trip generation comparison between the proposed project and the allowed trips for the Kaiser Commercial area in the Kaiser Dublin Medical Center Project Environmental Impact Report (Kaiser EIR), including pass -by trips; 2. Operational analysis for pedestrians, bicyclists, and motorists that includes internal site circulation and traffic circulation at access points along Kaiser Road and future adjacent parcels; and 3. Pay station queuing. In summary, the traffic analysis determined the following: 1. Trip Generation Comparison. The Kaiser EIR assumed that Phase 1B would consist of 250,000 square feet of commercial use, which results in estimated 8,620 daily trips, 447 AM peak hour trips and 775 PM peak hour trips. The proposed car wash is anticipated to result in 34 AM peak hour trips and 78 PM peak hour trips. The planned Nissan and Infiniti auto dealerships estimate 79 AM peak hour trips and 102 PM peak hour trips. Therefore, the proposed project's cumulative intersection impacts would be within the impacts identified in the Kaiser EIR 2. Operational Analysis. The analysis concluded that the intersections of Dublin Boulevard/Keegan Street/Kaiser Road and Kaiser Road/Car Wash Access are expected to continue to operate at an acceptable level of service. Therefore, no vehicle Page 6 of 10 264 operational issues are anticipated due to the car wash project. The lack of vehicle queuing issues also eliminates potential conflicts with the pedestrian and bicycle facilities near the project. 3. Pay Station Queuing. The analysis concluded that the layout of the proposed car wash can accommodate the queues from the pay station. The two queuing lanes to the pay station allow for storage of approximately seven vehicles in each lane, or 14 vehicles total. Five additional vehicles can queue after the pay station prior to entering the tunnel for a total queuing of 19 vehicles on -site. The analysis concluded that the queues were estimated to be a maximum of 24 vehicles in the peak hour. In order to ensure that vehicle queues do not result in any impacts beyond the subject property (i.e., Kaiser Road), Condition of Approval No. 153 requires the Applicant to monitor the queues and enter into an improvement agreement for a supplemental transportation study within the first 12 months of operation or if an obvious queuing issue develops, whichever is sooner. The traffic analysis is included as Attachment 5. Parking: The parking requirement for the proposed car wash is regulated by the City of Dublin Zoning Ordinance (Section 8.76.080.D). The parking requirement for a self-service car wash is four spaces, plus additional parking for drying/vacuum areas, plus 20 feet in front of each bay for stacking. As shown in Table 2 below, the Applicant proposes to provide 15 vacuum parking spaces. An additional five parking spaces are provided on the south side of the property adjacent to the proposed trash enclosure. Over 100 feet between the entrance of the car wash tunnel and pay station is provided for stacking. Table 2. Parking Requirements Self -Service Car Wash Drying/Vacuum Area 20' in Front of Each Bay for Stacking No. of Spaces Required 4 15 20 feet No. of Spaces Provided 5 15 100+ feet Architecture: The proposed building is long and narrow reflective of its intended use as a car wash tunnel. It is approximately 40 feet wide, 109 feet long, and 30 feet tall. The architecture is contemporary with a lower middle section and taller elements at both ends. The building's roof is a combination of a flat roof in the middle section and decorative shed roofs at both ends highlighting the taller portions of the building. The building is clad with smooth/flat metal siding painted blue and gray tones. Windows are provided on the upper half of the taller portions of the building and for a small office on the ground floor. The architectural style and materials are compatible with the contemporary architectural style, colors, and materials being utilized on other commercial projects within Dublin. The building's elevations as well as color and materials are shown in the Project Plans on Sheet A301 in Page 7 of 10 265 Attachment 3. The vacuum area is designed with a carport -type canopy providing shade for each vacuum parking stall. The vacuum stations are integrated into the carport -type structure with solar panels and use a muted color palette to reduce their prominence as shown on Sheets A302 and A303 of the project plans (Attachment 3). Two stream waste cans for garbage and recycling are also provided at each station. The Applicant provided photo simulations of the proposed project as seen from Dublin Boulevard and Keegan Street included as Attachment 6. Landscape: The entirety of the Kaiser Commercial site, including the subject property, was rough graded in 2021 as part of the development of the Nissan dealership and is currently devoid of vegetation. The preliminary landscape plan includes landscaping around the perimeter of property and between the car wash tunnel queue lanes and the vacuum stations. The conceptual plant pallet includes with a variety of trees, including 24-inch box trees along the perimeter of the site to help screen the internal circulation, parking and vacuum area from Dublin Boulevard and Kaiser Road. The interior of the site is accented with a mix of one -gallon and five -gallon shrubs. New landscape areas are proposed with a variety of drought tolerant plants suitable for low maintenance and water conserving efforts. The landscape concept including the planting plan and palette is provided on Sheet L1 of the Project Plans (Attachment 3). Public Art Compliance: The Applicant intends to satisfy the City's public art requirement through the payment of in -lieu fees. Condition of Approval No.18 confirms this intention. The Resolution approving the Site Development Review Permit and conditions of approval is included as Attachment 2. General Plan/Eastern Dublin Specific Plan Compatibility The subject property is located within the Medical Campus/Commercial land use designation. This designation accommodates a range of commercial uses including regional- and community -serving retail uses, professional and administrative offices, hotel, entertainment, limited automotive sales and eating and drinking establishments. A car wash is a community - serving retail use. The subject property is also located within the Tassajara Gateway subarea of the Eastern Dublin Specific Plan. The emphasis of this area is to create a "gateway" into eastern Dublin that establishes a positive impression to the travelers that pass through this area. The Specific Plan seeks to achieve this through siting and design of high -profile commercial uses (hotel, conference center, campus office, restaurant) recommended for this area to contribute to the creation of a distinctive "gateway" image. The proposed project meets the intent of the Dublin General Plan, which discourages projects that do not relate well to the surrounding Page 8 of 10 266 developments and is compatible with the surrounding neighborhood that includes residential and commercial uses. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the project and provided conditions of approval where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. Conditions of approval from these departments and agencies have been included in the attached City Council Resolution (Attachment 2). ENVIRONMENTAL DETERMINATION: On September 20, 2016, the City Council certified the Kaiser EIR and adopted a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations (Resolution No. 153-16). Pursuant to the requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15162, the proposed project was examined to determine if further environmental review is required. Based on a review of the project, the environmental analysis in the Kaiser EIR and all of the information in the project record as a whole, the City has determined that there is no substantial evidence that any of the supplemental review standards are met. The proposed project is within the scope of the project analyzed in the Kaiser EIR because the proposed car wash is within the maximum intensity of commercial development anticipated. The circumstances under which the project is to be undertaken have not substantially changed since the Kaiser EIR was prepared and will not substantially change with approval of the project. As supported by the project description and Site Development Review Permit plans, the Kaiser EIR adequately describes the impacts of the project for the purposes of CEQA, and no mitigation measures or new alternatives are required by the project other than those previously disclosed and analyzed in the Kaiser EIR. Approval of the project would not create any site -specific operations giving rise to environmental effects different from those examined by the Kaiser EIR or requiring the preparation of an Initial Study. The proposed project would be subject to the Kaiser Dublin Medical Center Mitigation Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines Sections 15162 and 15168(c), the project impacts are covered by the Kaiser EIR and no further environmental review is required for this project. PLANNING COMMISSION REVIEW: The Planning Commission considered this project at their regular meeting on September 27, 2022 and voted 3-2 to recommend denial of the project. There were no public comments. The Commission expressed concern with the compatibility of the project with other land uses in the vicinity, on -site circulation and queuing, and the prominent location of the proposed waste enclosure near the entry driveway. It was also noted that the size of the parcel created Page 9 of 10 267 limitations to development. The Planning Commission found that the proposed use and related structures are not compatible with other land uses in the vicinity and were not envisioned when the City Council approved Planned Development Zoning Ordinance No. 03- 19; the approved Planned Development Zoning for the site focuses on uses that will generate revenue to the City and the proposed use will not meet this important goal, which was included to offset some of the tax revenue loss because of the Kaiser Medical Center; there is no evidence that the lack of a nearby commercial car wash will impact adjacent auto sales; and a low tax revenue generating business should not be encouraged in consideration of the two large undeveloped parcels adjacent to this site. The Planning Commission Resolution recommending denial of the project is included as Attachment 7. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Two City -led Community Meetings were held on August 24 and 25, 2022, to provide Dublin residents with information about the proposed project. As directed by City Council, notices of the Community Meetings were provided to the Apex community in addition to the "Notify Me" subscription notification created for these meetings. No members of the community attended either meeting. In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the project site. A public notice also was published in the East Bay Times and posted at several locations throughout the City. A Planning Application sign was posted on the project site and the project was also included on the City's development projects webpage. A copy of this Staff Report has been provided to the Applicant and the City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Approving an Amendment to Planned Development Zoning Ordinance No. 03- 19 for Kaiser Commercial 2) Resolution Approving a Conditional Use Permit and Site Development Review Permit Related to the Nissan Commercial Car Wash Project 3) Exhibit A to the Resolution - Project Plans 4) Noise Assessment Study 5) Traffic Analysis 6) Photo Simulations 7) Planning Commission Resolution No. 22-12 Page 10 of 10 268