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<br />PLANNING COMMISSION CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br />RESOLUTION NO. PC-2004-46 <br /> <br />RESOLUTION MODIFYING THE APPROVED CONDITIONAL USE PERMIT FOR BERNAL <br />CORNERS, AS FILED UNDER CASE PCUP-61 <br /> <br />WHEREAS, the Planning Commission requested a review of the approved conditional use permit for <br />Bernal Corners, a self-service gasoline station located at 1875 Valley Avenue (southeast <br />corner of Bernal Avenue and Valley Avenue) with a convenience market, quick-service <br />restaurant, and carwash to consider hours of operation, operation of the drive-through <br />carwash, noise, perimeter fencing, and other issues; and <br /> <br />WHEREAS, zoning for the property is PUD-C-O (Planned Unit Development - Commercial-Office) <br />District; and <br /> <br />WHEREAS, at its duly noticed public hearing of July 28, 2004, the Planning Commission considered <br />all public testimony, relevant exhibits, and recommendations of the City staff concerning <br />this project; and <br /> <br />WHEREAS, the environmental review for the proposed project was undertaken as part of the Final <br />Environmental Impact Report for the Bernal Property Specific Plan, which was certified <br />by the City Council on August 28, 2000, and modifying the existing conditional use <br />permit in response to the neighborhood concerns would be within the context of the Final <br />Environmental Impact Report and would mitigate identified impacts; and <br /> <br />WHEREAS, the Plarming Commission made the following findings: <br /> <br />1. As modified, the location of the proposed conditional use is in accordance with the objectives <br />ofthe zoning ordinance and the purpose of the district in which the site is located. <br /> <br />The noise analysis prepared for the project shows that certain aspects of the operation ofthis use <br />exceeds the 60 dBA property-line noise standard required for this facility. Therefore, to mitigate <br />the noise, an eight-foot tall sound attenuation fence has been required. With the installation of <br />the fence, this finding can be made. <br /> <br />2. As modified, the proposed location ofthe conditional use and the conditions under which the <br />conditional uses would be operated or maintained will not be detrimental to the public health, <br />safety, or welfare, or materially injurious to the properties or improvements in the vicinity. <br /> <br />The noise analysis prepared for the project shows that certain aspects of the operation of this use <br />exceeds the 60 dBA property-line noise standard required for this facility. Therefore, to mitigate <br />the noise, an eight-foot tall sound attenuation fence has been required. In addition, other <br />modifications to the use permit, including hours, signage, and operations, will address concerns <br />about the use. With the installation of the fence and other modifications to the use permit, this <br />finding can be made. <br />