HomeMy WebLinkAboutItem 8.5 PA 91-026 Two Pesos Restaurant CUP/SDRCITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: August 5, 1991
TO: Planning Commission
FROM: Planning Staff Olek /`
PREPARED BY: David Choy, Associate Planner W
SUBJECT: PA 91-026 Two Pesos Restaurant Conditional
Use Permit/Site Development Review located at
6568 Village Parkway
GENERAL INFORMATION:
PROJECT:
Request for a Conditional Use Permit and Site
Development Review for the addition of a
drive-thru window, an outdoor dining area,
on -site circulation and parking
modifications, and exterior changes to an
existing restaurant located at 6568 Village
Parkway. Imposition of a traffic impact
mitigation fee will be considered as a
condition of approval.
APPLICANT: Mohammad K. Munif
6568 Village Parkway
Dublin, CA 94568
REPRESENTATIVE: Michael Johnstone
6114 La Salle Avenue, Suite 329
Oakland, CA 94611
PROPERTY OWNER: Iver R. Hilde
6500 Village Parkway
Dublin, CA 94568
LOCATION: 6568 Village Parkway
ASSESSOR PARCEL: 941-1401-21-1
PARCEL SIZE: 47,425 square feet
GENERAL PLAN
DESIGNATION: Retail/Office
DOWNTOWN SPECIFIC
PLAN DESIGNATION: Development Zone 10-Village Parkway Mixed Use
ITEM NO. B. 5
COPIES TO: Applicant
Owner
Address File
PAGE / OF a
EXISTING ZONING
AND LAND USE: C-2, General Commercial District - Existing
Restaurant
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
S-586:
PA 82-003:
PA 83-067:
North: M-1, Light Industrial District/
Service Station and Car Wash
South: C-O, Administrative Office
District/Office Building
East: C-2, General Commercial
District/Retail Shopping Center
West: Interstate 680
On February 10, 1977, the Planning Director
of Alameda County approved a Site Development
Review application to allow the construction
of a new restaurant.
On January 7, 1983, the County approved a
Conditional Use Permit application to allow
the addition of a drive -up window onto an
existing restaurant (was not constructed).
On November 20, 1983, the Planning Director
approved a Site Development Review
application for a wall sign and a
freestanding sign.
APPLICABLE REGULATIONS:
Section 8-49.2 states drive-in businesses and outdoor dining
areas are conditional uses within the C-2, General Commercial
Zoning District.
Section 8-94.0 states that conditional uses must be analyzed
to determine: 1) whether or not the use is required by the
public need; 2) whether or not the use will be properly related
to other land uses, transportation and service facilities in the
vicinity; 3) whether or not the use will materially affect the
health or safety of persons residing or working in the vicinity;
and 4) whether or not the use will be contrary to the specific
intent clauses or performance standards established for the
district in which it is located.
Section 8-95.0 establishes findings and procedures for Site
Development Review.
ENVIRONMENTAL REVIEW: The project has been found to be
Categorically Exempt from CEQA under Section 15301, Class 1 of
-2-
PAGE a OF a
the California Environmental Quality Act guidelines. This use
consists of a minor expansion of an existing restaurant.
NOTIFICATION: Public Notice of the August 5, 1991 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
ANALYSIS:
The Applicants are requesting Conditional Use Permit and
Site Development Review approval to allow the addition of a
drive-thru window, an outdoor seating area, and exterior and on -
site modifications to an existing restaurant facility located at
6568 Village Parkway.
The Applicants are proposing the establishment of a twenty-
four hour Mexican fast food restaurant named Two Pesos. Two
Pesos Restaurants are based primarily in Texas, but are
attempting to expand the chain into California.
The new drive-thru window is proposed at the west end of the
existing building. The existing parking will be shifted to the
west in order to accommodate the new drive-thru aisle. The
drive-thru aisle will wrap around the parking area west of the
building. This design prevents vehicles stacking behind the
drive-thru menu board from encroaching into the parking lot drive
aisles, thus minimizing on -site circulation conflicts.
A total of 43 parking spaces are required by the Zoning
Ordinance, and 44 spaces have been provided.
The existing patio will be upgraded, with a new three foot
high perimeter stucco wall and a new trellis feature added. In
addition, the building will be repainted, and two neon accent
tubes will be utilized to accentuate the building.
A traffic study was conducted by TJKM, the City's traffic
engineer, to determine the associated incremental traffic impacts
resulting from the proposed project. Only those vehicle trips
generated by the expansion of use on the property were considered
for mitigation. TJKM determined that the project will impact
Dublin Boulevard. The addition of new traffic due to this
project, plus other new development traffic, will require that
Dublin Boulevard be widened from four to six lanes between
Village Parkway and Donlon Way. TJKM has determined that this
project will contribute 1.73 percent of the additional new
development traffic. Therefore, the Applicant is required to
contribute 1.73 percent of the improvement costs, or $13,679.00.
The proposed new drive-thru window, outdoor seating area,
and exterior and on -site improvements are in compliance with all
applicable regulations of the Zoning Ordinance and the General
Plan. This project has been reviewed by other City departments
-3-
PAGE 3 OF c
and affected agencies and their comments have been incorporated
into the Conditions of Approval. Staff recommends approval of
the Applicant's request for a Conditional Use Permit and Site
Development Review, subject to the conditions listed in the draft
resolutions, Exhibit B and Exhibit C, respectively.
RECOMMENDATIONS:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt resolutions (Exhibit B, C and D) relating to
PA 91-026, or give Staff and Applicant direction
and continue the matter.
ACTION: Staff recommends the Planning Commission adopt the
draft resolutions approving the Conditional Use Permit
(Exhibit B) and Site Development Review (Exhibit C) and
imposing Traffic Impact Fee (Exhibit D) relating to PA
91-026.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Project Plans
Draft Resolution approving Conditional Use Permit
Draft Resolution approving Site Development Review
Draft Resolution imposing Traffic Impact Fee
Background Attachments:
Attachment 1: Location/Zoning Map
Attachment 2: Applicant's Written Statement
-4-
PAGE `f OF a
RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 91-026 TWO PESOS' CONDITIONAL USE PERMIT APPLICATION FOR
THE ADDITION OF A DRIVE-THRU WINDOW AND AN OUTDOOR SEATING AREA TO AN
EXISTING RESTAURANT FACILITY AT 6568 VILLAGE PARKWAY
WHEREAS, Mohammed K. Munif, on behalf of Two Pesos Restaurant,
filed a Conditional Use Permit and Site Development Review application
requesting approval of the addition of a drive-thru window, an outdoor
seating area and construction of interior, exterior and on -site
improvements to an existing restaurant located at 6568 Village
Parkway; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on August 5, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be Categorically Exempt under Section 15301, Class 1(a)(e) of
the State CEQA Guidelines in that the project will consist of minor
additions to an existing private structure; and
WHEREAS, the Staff Report was submitted recommending that the
application be approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth; and
WHEREAS, the proposed land use, if conditionally approved, is
appropriate for the subject property in terms of being compatible with
existing land uses in the area and will not overburden public
services.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find:
A. The addition of a drive-thru window to an existing
restaurant facility will serve the public need by providing an
upgraded fast food restaurant facility in the downtown area.
B. The use will be properly related to other land uses,
transportation and service facilities in the immediate vicinity, as
the proposed use will be compatible to said land uses, transportation
and service facilities in the immediate vicinity.
C. The use will not materially adversely affect the health or
safety of persons residing or working in the vicinity, or be
materially detrimental to the public welfare or injurious to property
or improvements in the neighborhood, as all applicable regulations
will bet met.
EXHIBIT. 13t
PAGE saaa
D. The use will not be contrary to the specific intent clauses
or performance standards established for the district in which it is
to be located, as the proposed use is compatible with the adjacent
general commercial and retail business district uses.
E. The project is consistent with the policies contained in the
City's General Plan and Downtown Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve Conditional Use Permit application PA 91-
026 as shown in Exhibit A, stamped approved and on file with the
Dublin Planning Department, and subject to the approval of the related
Site Development Review and to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to the issuance of building permits or establishment of
use, and shall be subject to Planning Department review and approval.
The following codes represent those departments/agencies responsible
for monitoring compliance of the conditions of approval. [PL]
Planning, [B] Building, [P0] Police, [PW] Public Works, [ADM]
Administration, [FIN] Finance, [F] Dougherty Regional Fire Authority,
[DSR] Dublin San Ramon Services District, [C0] Alameda County
Department of Environmental Health.
1. This approval is for the operation of a drive-thru window and an
outdoor seating area at 6568 Village Parkway as shown on the site
plan, floor plan and elevations prepared by Michael S. Johnstone, AIA,
dated received July 26, 1991 (Exhibit A). [PL]
2. Outdoor storage or displays are expressly prohibited unless
authorized by subsequent Conditional Use Permit or Administrative
Conditional Use Permit approvals for special promotional events. With
the exception of the drive thru service and outdoor seating facility,
all demonstrations, displays, services, and other activities shall be
conducted entirely within the structure on site. No loudspeakers or
amplified music shall be permitted outside the enclosed structure.
Loud speakers utilized for the drive thru window service shall observe
a noise level which reflects the minimum functional volume. [PL]
3. All signs shall be subject to the requirements of the Sign
Regulations within the Zoning Ordinance. [PL]
4. The Applicant/Property Owner shall provide at least one trash
receptacle within the outdoor patio dining area, and shall maintain
the site in a litter free condition. The Applicant shall be
responsible for cleaning up and disposing of the restaurant generated
trash and litter on -site and off -site within the neighborhood. [PL]
5. On an annual basis, these uses shall be subject to Zoning
Investigator review and determination as to compliance with the
Conditions of Approval. [PL]
- 2
PAGE (P OF a
6. This approval shall become null and void, in the event the
approved use ceases to operate for a continuous one year period. [PL]
7. This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the
terms or conditions of this permit shall be subject to citation. [PL]
PASSED, APPROVED AND ADOPTED this 5th day of August, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
- 3
PAGE �� OF a a
RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 91-026 TWO PESOS' SITE DEVELOPMENT REVIEW APPLICATION FOR
THE ADDITION OF A DRIVE-THRU WINDOW, AN OUTDOOR SEATING AREA AND
CONSTRUCTION OF EXTERIOR AND ON -SITE IMPROVEMENTS TO AN EXISTING
RESTAURANT AT 6568 VILLAGE PARKWAY
WHEREAS, Mohammed K. Munif, on behalf of Two Pesos Restaurant,
filed a Conditional Use Permit and Site Development Review application
requesting approval for the addition of a drive-thru window, an
outdoor seating area and construction of interior, exterior, and on -
site improvements to an existing restaurant located at 6568 Village
Parkway; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on August 5, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be Categorically Exempt under Section 15301, Class 1 (a)(e)
of the State CEQA Guidelines in that the project will consist of minor
additions to an existing private structure; and
WHEREAS, the Staff Report was submitted recommending that the
application be approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. All provisions of Section 8-95.0 through 8-95.8, Site
Development Review, of the Zoning Ordinance are complied with.
B. Consistent with Section 8-95.0, this application, as
modified by the Conditions of Approval, will promote orderly,
attractive and harmonious development, recognize environmental
limitations on development; stabilize land values and investments; and
promote the general welfare by preventing establishment of uses or
erection of structures having qualities which would not meet the
specific intent clauses or performance standards set forth in the
Zoning Ordinance and which are not consistent with their environmental
setting.
C. The approval of the application as conditioned is in the
best interests of the public health, safety and general welfare.
1
EXHIBIT C
DACE B 0 .tea.
D. General site considerations, including site layout,
vehicular access, circulation and parking, setbacks, height, walls,
public safety and similar elements have been designed to provide a
desirable environment for the development.
E. General 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 incorporated into the project in order to
insure compatibility of this development with its design concept and
the character of adjacent buildings and uses.
F. General landscape considerations, including the locations,
type, size, color, texture and coverage of plant materials, provisions
for irrigation, maintenance and protection of landscaped areas and
similar elements have been considered to insure visual relief to
complement buildings and structures and to provide an attractive
environment for the public.
G. The project is consistent with the policies of the General
Plan and Downtown Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 91-026 Site Development Review as
shown on Exhibit A, stamped approved and on file with the Dublin
Planning Department and subject to the approval of the related
Conditional Use Permit and to the following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to the issuance of building permits or establishment of
use, and shall be subject to Planning Department review and approval.
The following codes represent those departments/agencies responsible
for monitoring compliance of the conditions of approval. [PL]
Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM]
Administration, (FIN] Finance, [F) Douaherty Regional Fire Authority,
[DSR] Dublin San Ramon Services District, [CO] Alameda County
Department of Environmental Health.
1. Except as specifically modified elsewhere, PA 91-026 Site
Development Review is approved for the construction of a drive-thru
window, modifications to the outdoor seating area, neon accent tubing
and other exterior and on -site improvements, and landscaping at 6568
Village Parkway. This approval shall generally conform to the site
plan, floor plan, elevations, and preliminary landscape plans prepared
by Michael S. Johnstone, AIA, dated received July 26, 1991 (Exhibit
A). [PL]
2. Prior to the issuance of a building permit, a traffic impact
mitigation fee in the amount of $13,679.00 shall be paid in full to
the City. [PL, B, PW, FIN]
- 2
3. The Applicant shall comply with the City of Dublin Site
Development Review standard conditions and the City of Dublin Non -
Residential Security Requirements (Attached). [PL, PO, B]
Architectural
4. Exterior colors and materials for the exterior building
modifications shall be subject to final review and approval by the
Planning Director. All ducts, meters, air conditioning equipment and
other mechanical equipment on the structure shall be effectively
screened from view with materials architecturally compatible with the
materials of the existing structure. The proposed enclosure for trash
containers shall be screened with materials architecturally compatible
with the materials of the existing structure and shall be subject to
Planning Director review and approval. A colors and materials sample
board shall be submitted prior to issuance of building permits. [PL]
Debris/Dust/Construction Activity
5. Measures shall be taken to contain all trash, construction
debris, and materials on -site until disposal off -site can be arranged.
The Applicant shall keep adjoining public streets free and clean of
project dirt, mud, and materials during the construction period. The
Applicant shall be responsible for corrective measures at no expense
to the City of Dublin. Areas undergoing grading, and all other
construction activities, shall be watered, or other dust palliative
measures used, to prevent dust, as conditions warrant. [PW, B, PL]
6. The design of the trash enclosure shall reflect dimensional
criteria deemed acceptable by the Livermore Dublin Disposal Service,
and shall incorporate use of a 10' x 10' concrete apron in front to
facilitate the District's mechanical pick-up service. If wooden doors
are utilized, the doors shall be trimmed with a heavy metal lip.
Raised concrete curbing shall be provided inside the trash enclosure
area to serve as wheel stops for metal trash bins to protect the
interior walls of the enclosure. Colors and materials of the trash
enclosure shall be architecturally compatible with the main structure.
[PL]
Fire Protection
7. The Applicant shall comply with all applicable requirements of
the Dougherty Regional Fire Authority. [F, PL]
8. Prior to issuance of a building permit, the Applicant shall
supply written confirmation that the requirements of Dougherty
Regional Fire Authority have been, or will be, met. [F, B, PL]
Lighting
9. Exterior lighting shall be provided and shall be of a design and
placement so as not to cause glare onto adjoining properties or onto
Dublin Boulevard, Village Parkway or I-680. Lighting used after
daylight hours shall be adequate to provide for security needs (1.5
foot candles). Wall lighting around the entire perimeter of the
- 3
PAGE ° OF a
building shall be supplied to provide "wash" security lighting. The
Applicant shall provide photometrics and cut sheets subject to the
review and approval of the Planning Director. [PL]
Landscaping and Irrigation Plans
10. A final detailed Landscape and Irrigation Plan (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 Planning
Director. Landscape and Irrigation Plans shall be signed by a
licensed landscape architect. Final landscape plans shall indicate
general plant palette with common and botanical names and container
size and growth rate. [PL]
11. The final landscape plan shall be generally consistent with
preliminary landscape plans prepared by Michael S. Johnstone, AIA,
dated received by the Planning Department July 26, 1991. [PL]
12. Landscaping shall not obstruct the site distance of motorists,
pedestrians or bicyclists. Except for trees, landscaping at drive
aisle intersections shall not be higher than 30" above the curb. [PL]
13. The Applicant shall complete and submit to the Dublin Planning
Department the Standard Plant Material, Irrigation and Maintenance
Agreement (attached). [PL]
Parking
14. The applicant shall submit a parking striping plan subject to
review and approval by the Planning Director. All parking spaces
shall be double -striped (four inch stripes set two feet apart).
Handicapped, customer, employee and compact parking spaces shall be
appropriately identified on the pavement and designated on the parking
plan. The location of handicapped parking spaces will be subject to
review and approval by the Planning Director.
15. All striping and arrows for the drive thru aisle shall be painted
to the satisfaction of the Planning Director and the Public Works
Director. [PL, PW]
16. The northwestern most parking space located in the parking area
west of the building shall be striped and designated as a turnaround
(see Exhibit A). [PL, PW]
Grading and Drainage
17. A grading and drainage plan shall be submitted for review and
approval by the City Engineer. [PW]
18. The area outside the building shall drain outward at a 2% minimum
slope for unpaved areas and a 1% minimum in paved area (with a maximum
gradient of 5%). [PW]
19. Roof drains shall empty into approved dissipating devices. Roof
water, or other concentrated drainage, shall not be directed onto
- 4
PAGE L/ OF
adjacent properties, sidewalks or driveways. No drainage shall flow
across property lines. Downspouts shall drain through the curb of the
concrete walks around the building. [PW, B]
20. Where storm water flows against a curb, a curb with gutter shall
be used. The flow line of all asphalt paved areas carrying water
shall be slurry sealed at least three feet on either side of the
center of the swale. [PW]
21. All catch basins within paved areas not against curb and gutter
shall have a 3 foot concrete apron around all sides of the inlet per
City of Dublin Standard Plans. [PW]
Public Improvements
22. All improvements within the public right-of-way, including curb,
gutter, sidewalks, driveways, paving and utilities, must be
constructed in accordance with approved standards and/or plans and may
be constructed only after an encroachment permit has been issued.
[PW]
23. The Developer shall be responsible for correcting deficiencies in
the existing frontage improvements to the satisfaction of the City
Engineer. [PW]
24. Any relocation of improvements or public facilities shall be
accomplished at no expense to the City. [PW]
25. An encroachment permit shall be secured from the City Engineer
for any work done within the public right-of-way. [PW]
26. The Applicant shall install 5 foot flat flares on the existing
driveway. [PW]
Miscellaneous
27. All damaged on -site existing pavement sections shall be repaired
or replaced as directed by the City Engineer. [PW]
28. All construction shall be limited to take place between the hours
of 7:30 A.M. and 5:30 P.M. Monday through Friday, except as may be
approved in advance in writing by the City Engineer. [PW]
29. Prior to issuance of building permits, the Applicant shall submit
for review and approval a final site plan (1" = 20') in conformance
with the Conditions of Approval. Said plans shall be fully
dimensioned, accurately drawn, and prepared and signed by a licensed
civil engineer, architect or landscape architect. [PL]
30. Prior to issuance of building permits, the Applicant shall
provide written documentation that the requirements of the Dublin San
Ramon Services District have been, or will be, met. [DSR, B, PL]
- 5
PAGF/�OFaa
31. This Site Development Review approval does not include signage.
All signage shall be subject to the provisions established in the City
of Dublin Sign Ordinance.
32. Approval for the Site Development Review shall be valid for one
year, until August 15, 1992. If construction has not commenced by
that time, this approval shall be null and void. The approval period
for the Site Development Review may be extended six (6) additional
months (Applicant must submit a written request for the extension
prior to the expiration date of the permit) by the Planning Director
upon the determination that the conditions of approval remain adequate
to assure that the above stated findings of approval will continue to
be met. [PL]
33. The permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the
terms of conditions of this permit shall be subject to citation. [PL]
34. To apply for building permits, the Applicant shall submit six (6)
sets of construction plans to the Building Department for plan check.
Each set of plans shall have attached an annotated copy of this
Resolution of Approval, as well as the applicable Conditional Use
Permit resolution. The notations shall clearly indicate how all
Conditions of Approval will be complied with. Construction plans will
not be accepted without the annotated resolutions attached to each set
of plans. The Applicant will be responsible for obtaining the
approvals of all participating non -City agencies prior to the issuance
of building permits. [B]
PASSED, APPROVED AND ADOPTED this 5th day of August, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
- 6
PAGE 3 OF a A
RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
A RESOLUTION IMPOSING A TRAFFIC IMPACT FEE ON PA 91-026 TWO PESOS
RESTAURANT AT 6568 VILLAGE PARKWAY
WHEREAS, by Planning Commission Resolution No. 91 - , the
Planning Commission has approved the Conditional Use Permit for the
expansion of the existing restaurant use, the drive thru and the
outdoor seating area, and by Planning Commission Resolution No. 91 -
, the Planning Commission has approved the Site Development Review
for the addition to the restaurant building and construction of
interior, exterior and on -site improvements (hereafter "the proposed
project"); and
WHEREAS, the Planning Commission did hold a public hearing on
said application on August 5, 1991; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law for purposes of considering adoption of
this resolution; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and was
found to be Categorically Exempt under Section 15301, Class 1 (a)(e)
of the State CEQA Guidelines because the project will consist of minor
additions to an existing private structure; and
WHEREAS, the Staff Report was submitted recommending that the
application be approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and testimony hereinabove set forth; and
WHEREAS, Condition No. 2 of Planning Commission Resolution No.
91- approving the Site Development Review requires the developer to
pay a traffic impact mitigation fee to be used for traffic facility
improvements; and
WHEREAS, a report setting forth the impacts of the proposed
development on traffic through the year 2010, has been prepared by
TJKM, along with an analysis of the need of the public facilities and
improvements required by future development consisting of a memorandum
dated June 21, 1991 from David Othling of TJKM, which is attached
hereto Attachment D1 and incorporated herein (referred to herein as
"the report"); and
WHEREAS, said report sets forth the relationship between the
proposed development, the needed facilities and the estimated costs of
the facilities.
EXHIBIT D
PAGE i 4 OF
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The purpose of the said traffic impact fee is to mitigate
the traffic impacts caused by the proposed development by construction
of certain public facilities.
B. The public facilities to be constructed with the traffic
impact fee (referred to herein as "the public facilities") are
identified in Attachment D1, attached hereto and incorporated herein
by reference.
C. The traffic impact fee is needed in order to finance the
public facilities and to pay for the proposed development's fair share
of the construction of the improvements and will be used for these
purposes.
D. The Commission finds the fee to be consistent with the
General Plan and, pursuant to Government Code Section 65913.2, has
considered the effects of the fee with respect to the City's downtown
commercial needs as established in the Land Use Plan component of the
Downtown Specific Plan.
E. The fees collected pursuant to this resolution shall be used
to finance the public facilities identified in Attachment Di.
F. After considering the report prepared by TJKM and the
testimony received at this public hearing, the Commission approves and
adopts said report, and incorporates such herein, and further finds
that the proposed development will generate additional demands on
municipal services.
G. The report and the testimony establish:
1. That there is a reasonable relationship between the
need for the public facilities designated in Attachment D1 and
the impacts of the proposed development for which the
corresponding fee is charged;
2. That there is a reasonable relationship between the
fee's use and the proposed development for which the fee is
charged;
3. That there is a reasonable relationship between the
amount of the fee and the cost of the public facility or portion
of the public facility attributable to the proposed development
on which the fee is imposed; and
4. That the cost estimates set forth in Attachment D1 are
reasonable cost estimates for constructing these facilities, and
the fees expected to be generated by future developments will not
exceed the total costs of constructing the public facilities
identified in Attachment D1.
2
PAGE 1 5 of a a
H. The TJKM report (Attachment D1) is a detailed analysis of
how public services will be affected by the proposed development, and
the public facilities required to accommodate that development and
those deficiencies. The calculations and assumptions in the report
can reasonably be applied to the proposed development.
I. The method of allocation of the traffic impact fee to the
proposed development bears a fair and reasonable relationship to the
proposed development's burden on, and benefit from the facilities to
be funded by the fee.
J. A traffic impact fee in the amount set forth in Attachment
D1 and Condition No. 2 of Planning Commission Resolution No. 91-
is hereby imposed, to be paid prior to the issuance of building
permits. The Commission finds that Attachment Di is the "plan"
required by Government Code Section 53077.5.
K. The traffic impact fee shall be placed in the Capital
Improvement Fund and shall be segregated in separate and special
accounts as provided herein and such revenues, along with any interest
earnings on each account, shall be used for the following purposes:
1. To pay for design and construction of the public
facilities described in Attachment D1 and reasonable costs of
outside consultant studies related thereto;
2. To reimburse the City for the public facilities
described in Attachment Di, constructed by the City with funds
from other sources, unless the City funds were expended to remedy
existing deficiencies as identified in Attachment D1 or were
obtained from grants or gifts; and
3. To pay for and/or reimburse costs of program
development and ongoing administration of the traffic impact fee
program.
L. The fees collected pursuant to this resolution shall be
deposited into deposit accounts for the improvement projects
identified in Attachment D1 and identified by developer or development
being charged.
M. Fees in the Capital Improvement Fund, and interest thereon,
shall be expended only for those facilities listed in Attachment D1
and only for the purpose for which the fee was collected; and
1. The standards upon which the needs for facilities are
based are the standards of the City. The City has undertaken an
extensive capital improvement program to implement these
standards and the City will remedy existing deficiencies without
using proceeds of the traffic impact fee.
N. The City Manager may develop rules and regulations for the
effective implementation and administration of the traffic impact fee.
- 3
PAGE i4 OF a a
0. No later than June 30, 1992 and June 30 of each year
thereafter, the City Manager shall prepare a report for the City
Council identifying the balance of fees in the improvement projects'
deposit account, the facilities constructed and the capital facilities
to be constructed. In preparing the report, the City Manager shall
adjust the estimated cost of the public improvements in accordance
with the Engineering Construction Cost Index as published by
Engineering News Record for the elapsed time period from the previous
July 1 or the date that the cost estimate was developed. The annual
report shall also include a review of the administrative charge; and
1. The City Council shall review the report at a noticed
public hearing and shall make findings identifying the purpose to
which the existing fee balances are to be put and demonstrating a
reasonable relationship between the fee and the purpose for which
it is charged.
P. The fees imposed herein shall be effective 60 days following
adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 5th day of August, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
- 4
PAGE
RECEIVED
JUN :;` 1991
DUBLIN PLANNING
MEMORANDUM
June 21, 1991
TO: David Choy, Dublin Planning
FROM: David Othling
SUBJECT: Two Pesos Restaurant Site Plan Review and Impact Fee Study
This memorandum documents a site plan review and traffic impact fee
determination for the Two Pesos Mexican restaurant (PA 91-026) proposed at the
vacant Pizza Depot site at 6568 Village Parkway, in the City of Dublin. The study is
based on the revised Site Plan dated June 10, 1991 and a June 18 site visit.
The project, located in the southwest quadrant of the signalized intersection of
Village Parkway and Dublin Boulevard, will have access to Village Parkway at one
existing full -access driveway. Vehicles purchasing gas only from the adjacent car
wash to the north exit through the site via a one-way driveway along the north
property line.
Site Plan Review
The following issues should be addressed prior to the approval of the site
Conditional Use Permit:
1. The access driveway should be widened to 35 feet at the property line
and the north end of the driveway apron should accommodate a five foot
flair as measured from the new north driveway edge of curb (at the
property line to the Village Parkway curb cut. This will provide for a
smoother ingress of vehicles from southbound Village Parkway while
increasing the effective spacing between entering and exiting vehicles.
2. The parking space next to the drive-thru exit should be eliminated to
improve visibility between vehicles exiting the drive-thru and vehicles
entering from Village Parkway.
3. Consideration should be given to moving the new trash enclosure to the
north and rotating it to face the site access driveway to provide adequate
room for the maneuvering of a trash truck.
4. The four northmost parking spaces next to the drive-thru aisle should be
eliminated. The five northmost parking spaces along the west property
line should also be eliminated or designated as employee parking only.
4637 Chabot Drive, Suite 214, Pleasanton, California 94588-2754 • (415) 463-0611 • FAX (415) 463-3690
PLEASANTON • SACRAMENTO • FRESNO • WALNUT CREEK
ATTACHMENT 2-1
PAGE/e OFaa
Mr. David Choy -2- June 21, 1991
Four or more vehicles stacking back from the menu board during peak
drive-thru periods will block access to these spaces.
5. Solid yellow pavement striping should be installed at the entrance to the
drive-thru. The striping should consist of two radii, one of which will
guide vehicles to the drive-thru aisle, while the other will guide vehicles
exiting the adjacent property gas pumps. In addition, a solid yellow
centerline stripe should be placed at least 15 feet west of the parking
spaces next to the drive-thru aisle. The centerline stripe should extend
south from the radii to the drive-thru exit. One set of white pavement
arrows should also be installed at the beginning (south end) of the
centerline striping to inform drivers of the two-way traffic flow.
The centerline striping will create a 15-foot wide drive-thru stacking aisle
which is needed to provide an adequate turning radius for passenger vehicles
entering the drive-thru aisle. To accommodate this stacking aisle, the parking
bay along the west property line should be moved at least 2 feet to the west.
This will allow for a 13-foot drive aisle for vehicles exiting the adjacent
property and on -site parking maneuvers.
A passenger vehicle turning template is attached to help with the redesign of
this area of the parking lot.
6. A loading zone is not indicated on the plan. The location needs to be
accessible to the delivery vehicles without causing significant conflicts
with vehicles and pedestrians.
7. It appears that employees from the adjacent properties to the north and
south are parking on the site. Installing a sign indicating customer
parking only at the site entrance plus red curb and a sign along the exit
driveway should discourage non -customer use of site parking.
Traffic Impact Fee Determination
The project entails the interior remodeling and exterior modification of the existing
restaurant. The existing building is currently vacant. The applicant proposes a
slight reduction in customer seating. The traffic impacts due to customers dining
on -site are expected to be similar to those of the previous use. The main traffic
impacts and the focus of this study are the 24-hour operation of a new drive-thru
window.
The addition of new traffic due to the drive-thru window, plus other new
development traffic, would require that Dublin Boulevard be widened from four to
six through lanes between Village Parkway and Donlon Way at a total cost of
$1,439,136 (source: Dublin Five Year Capital Improvement Program: 1991 - 92
Update). Approximately $648,447 has already been funded, so the difference of
$790,689 is applicable to a traffic impact fee.
Dublin Boulevard has been projected to carry an average of about 30,700 vehicles
per day (vpd) in the vicinity if the site in the Year 2005 (source: Dublin General
Plan). The existing (1990) average vpd on this road segment is 23,765. Thus, the
increase is 6,935 vpd over existing volumes.
PAGE /9 OF
Mr. David Choy -3- June 21, 1991
Sales and customer data from an existing Two Pesos restaurant, at the intersection
of Wilcrest and Westheimer in Houston, Texas, was provided by the applicant. A
24-hour drive-thru total of 521 customers on Saturday, April 13, 1991 is indicated.
Weekday customer totals were not provided, but the data does indicate that sales on
an average weekday (an average of Tuesday, Wednesday, and Thursday sales) are
58 percent of Saturday sales. Therefore, on weekdays, the drive-thru can be
expected to contribute 58 percent of the number of Saturday customers, or 303.
Assuming one vehicle per customer (or total sale) and two trips per vehicle (in and
out) yields 606 new vehicle trips per day generated by the drive-thru.
Thirty-three percent or 200 of the new drive-thru vehicle trips can be expected to be
primary or diverted trips, discounting 67 percent assumed to be already passing by
the site and impacting Dublin Boulevard. Sixty percent or 120 of these trips are
assumed to be on Dublin Boulevard between Village Parkway and Donlon Way. The
other 40 percent or 80 vehicles would be oriented to Village Parkway and do not
significantly impact other transportation improvement projects subject to an impact
fee.
The 120 new project vehicle trips added to Dublin Boulevard equal 1.73 percent of
the additional new development traffic. Therefore, the project applicant should be
required to contribute 1.73 percent of the improvement costs, or $13,679.
elm
Attachment
cc: Lee Thompson
157-054
PAGE a o OF a �,
— • ,
FA Ifrezeo
•
(
(
SLL SI 111.1 III
•
C)
—•••‘• — — N
.:„
:.:•• . •-7----• -\^ _______—.1 ‘
. . . . .. . - - _ --•. I-- ----:----/ •-zi--9
:.: • —
. ,
... L-7:-77-__?-- _ 1 ,
i: - - ri 'z -----
i• 5 •••
--- —
• . _.- • -,_ , - , .! , .
_ • -.-- _ — 1—r, • -- - ---
__
cr/ (") I ---1
• — — --Ir'-: — - . — , , I i .
8 • a ,.."" i • 8
„.1. • • / N.) 4
---- _ _.:_" . _ • 4/ . — - • -- • 714.-- — ...6
_ r i
Cale OF - - - . _.,..... A PART. Of THF
n- SANTINA - & -- - -2" ZONING- MAP
-,.,!,•,• m
z .
L•---'s--- -- -97-- DUBLIN - - i THOMPSON .e." - --- - '
••••••••••••11
IC ' • TUC CITY OF . .
4 Pt MI iwa - • CAI II IIIINI• DUBLIN
-1-
• -- -- -- - ---- - _ .• ...- -_.
-__ _ —
1•
4•1.•_71,
RECEIVED
MAY 6- 1991
DUBLIN PLANNINc3
TWO PESOS RESTAURANT PROJECT DESCRIPTION
Two Pesos is a succesful Mexican food restaurant franchise that
originated in Texas that has developed through out the east and
south west, and is currently expanding into western markets. Two
Pesos is a eatery complete with patio dining and drive through.
All fresh ingredients, special margaritas, imported beers, and an
extensive condiment bar are planned to entice diners. The food is
intended to be both quick and tasty.
Two Pesos is planned at the corner of Dublin Boulevard and Village
Parkway at the old Pizza Connection Site. A complete face lift of
the existing building is planned. The building will be repainted,
a new low stucco wall with tile accents will be provided around
the existing patio and a new drive through window structure will
be integrated to the existing building. A two color neon, accent is
planned at the roof to enliven and provide a fresh lo5k.
Two Pesos will complement the surrounding restaurants, Wendy,
McDonalds, and Carls by offering a different menu while providing
fast service. With moderate pricing, quick and tasty food the
owners anticipate to continue the success of other Two Peso
franchises. The city of Dublin can expect significant renvenues
from Two Peso.
The total site area is 47,425 square feet with existing structure
3,324 square feet. The existing parking lot will be re -configured
for 36 parking spaces. The required number of spaces per Planning
Department guidelines is 31 spaces.
ATTACHMENT z
PAGE as OF �a