HomeMy WebLinkAboutItem 8.2 Two Pesos Restaurant CUP/SDRCITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: May 4, 1992
TO: Planning Commission
FROM: Planning Staff c�
PREPARED BY: David Choy, Associate Planner1'
SUBJECT:
GENERAL INFORMATION:
PROJECT:
PA 92-019 Two Pesos Restaurant Conditional
Use Permit/Site Development Review located at
6568 Village Parkway
Request for Conditional Use Permit approval
to allow the addition of a drive thru window
onto the south side of an existing
restaurant, Site Development Review approval
for modifications to the parking lot
configuration and imposition of a Traffic
Impact Fee.
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. S•2.
COPIES TO: Applicant
Owner
Address File
I PUT nc
EXISTING ZONING
AND LAND USE:
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
S-586:
PA 82-003:
PA 83-067:
PA 91-026:
C-2, General Commercial District - Existing
Restaurant
North:
South:
East:
West:
M-1, Light Industrial District/
Service Station and Car Wash
C-2, General Commercial
District/Office Building
C-2, General Commercial
District/Retail Shopping Center
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.
On August 5, 1991, the Planning Commission
approved an application for Site Development
Review and Conditional Use Permit to allow
the addition of a drive thru window onto the
west elevation of an existing restaurant, an
outdoor seating area and exterior building
and site modifications.
APPLICABLE REGULATIONS:
Section 8-49.2.A.6. states drive-in businesses are
conditional uses, subject to Planning Commission approval, 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.
-2- "An z OF
ENVIRONMENTAL REVIEW: A Mitigated Negative Declaration has been
prepared for the project pursuant to the California Environmental
Quality Act (CEQA), the State CEQA Guidelines, and the City of
Dublin Environmental Guidelines. The proposed project, as
mitigated, will not have a significant effect on the environment.
NOTIFICATION: Public Notice of the May 4, 1992 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
BACKGROUND
On August 5, 1991, the Applicant, representing Two Pesos
Restaurant, received Site Development Review and Conditional Use
Permit approval from the Planning Commission for the addition of
a drive thru window onto the west elevation of the existing
restaurant, an outdoor seating area and exterior building and
site modifications.
The Applicant upgraded the outdoor seating area, repainted
the building and began operation of the restaurant without the
drive thru window, which was to be installed at a later date.
ANALYSIS:
On March 24, 1992, the Applicant submitted a new Conditional
Use Permit and Site Development Review application to relocate
the drive thru window to the south building elevation and modify
the parking lot configuration.
The Applicant expressed concern regarding the location of
the previously approved drive thru window (PA 91-026) on the west
building elevation. This location would require a separate work
station at the back of the restaurant, increasing operating costs
by requiring increased staff and additional equipment (cash
register, tortilla steamer, drink dispenser, etc.).
By relocating the drive thru window to the south building
elevation, the new work station is moved closer to the existing
food preparation and order area. The new drive thru window
location will allow the placement of orders, payment of food and
preparation of food to be conducted in one central location,
reducing the need for additional staff and equipment. The
Applicant feels that the proposed relocation of the drive thru
window will improve the efficiency of internal operations.
In order to accommodate the relocation of the drive thru
window, the parking lot will be modified. The primary ingress
and egress driveway will be moved approximately twenty feet to
the south. The existing row of parking along the south property
line will be eliminated, and a new row of parking will be added
along the north side of the primary ingress and egress drive
aisle.
-3--
PAGE 3 0
In addition, a new one-way, exit only, drive thru aisle will
be added along the south side of the building. A raised concrete
median, with a pedestrian walkway and shade trees, will separate
the drive thru aisle from the new row of parking.
The Applicants have reduced the size of the outdoor patio
area from 1054 square feet to 816 square feet. The 1,525 square
foot interior dining area will remain unchanged.
A total of 39 parking spaces are required by the Zoning
Ordinance, and 40 spaces have been provided.
A traffic study was conducted by TJKM, the City's traffic
engineer, on June 21, 1991, for the previous project (PA 91-026)
to determine the associated incremental traffic impacts resulting
from the addition of a drive thru window. This traffic study is
applicable to the proposed project (PA 92-019), as incremental
increases in traffic resulting from the addition of a drive thru
window would not significantly change due to its minor
relocation.
The Traffic Impact Fee was determined using traffic data
provided by the Applicant for a Two Pesos Restaurant located in
Texas. 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 determined that the addition of a drive thru window
would generate 303 customers, or 606 daily vehicle trips
(assuming one vehicle per customer and two trips per vehicle).
Sixty-seven percent (67%) of these trips, or 406 trips, were
considered pass -by trips, from vehicles already on the road, and
were discounted. The remaining thirty-three percent (33%), or
200 trips, were considered new trips, generated exclusively by
the addition of the drive thru window. Of the 200 new trips,
sixty percent (60%), or 120 trips, are attributable to Dublin
Boulevard. The associated Traffic Impact Fee was determined to
be 1.73 percent of the total cost of improvements, or $13,679.00.
At the August 5, 1991 Public Hearing on the previous project
(PA 91-026), the Planning Commission expressed concern regarding
the imposition of a Traffic Impact Fee based on traffic data
generated in Texas. The Conditions of Approval will require the
Applicant to deposit the $13,679.00 Traffic Impact Fee with the
City. The ultimate Traffic Impact Fee will subsequently be
determined based on traffic counts taken on -site, six to twelve
months after the drive thru window begins operation.
The Applicant is responsible for all costs incurred
performing the traffic counts. If the new Traffic Impact Fee is
less than the $13,679.00 deposit amount, the difference together
with accrued interest will be returned to the Applicant. If the
new Traffic Impact Fee is greater than the $13,679.00 deposit
-4-
PAGE
amount, then the Applicant will be required to pay the additional
fee amount.
The proposed new drive thru window, and the modifications to
the parking lot configuration are in compliance with all
applicable regulations of the Zoning Ordinance and the General
Plan.
This project has been reviewed by the City Attorney, other
City departments and affected agencies and their comments have
been incorporated into the Conditions of Approval. Staff
recommends approval of the Mitigated Negative Declaration
(Exhibit B), the Mitigation Monitoring Program (Exhibit C) and
the Applicant's request for a Conditional Use Permit and Site
Development Review, subject to the conditions listed in the draft
resolutions, Exhibit D and Exhibit E, 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, D, E and F)
approving PA 92-019 Two Pesos Restaurant, or give
Staff and Applicant direction and continue the
matter.
ACTION: Staff recommends the Planning Commission adopt the
draft resolutions approving the Mitgated Negative
Declaration (Exhibit B), Mitigation Monitoring Program
(Exhibit C), Conditional Use Permit (Exhibit D), Site
Development Review (Exhibit E) and imposing Traffic
Impact Fee (Exhibit F) relating to PA 92-019 Two Pesos
Restaurant.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Project Plans
Draft Resolution approving Mitigated Negative
Declaration
Draft Resolution approving Mitigation Monitoring
Program for Negative Declaration
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
Attachment 3: Statement from Applicant Agreeing to Mitigation
-5-
PAGE
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PAGE 9 or311
0 •
RESOLUTION NO. 92 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
A RESOLUTION MAKING FINDINGS PURSUANT TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVING MITIGATED NEGATIVE DECLARATION FOR PA 92-019 TWO PESOS
CONDITIONAL USE PERMIT/SITE DEVELOPMENT REVIEW
Recitals
1. Mohammed K. Munif ("Applicant"), on behalf of Two Pesos
Restaurant, has made application to the City of Dublin for Conditional
Use Permit and Site Development Review approval for the addition of a
drive thru window onto the south elevation of an existing restaurant,
and modifications to the parking lot configuration located at 6568
Village Parkway (the "Project").
2. The Project includes the payment of the proposed project's
proportionate share of the cost of widening Dublin Boulevard from four
to six lanes, between Donlon Way and Village Parkway.
3. Pursuant to Public Resources Code Section 21081.6, the City
Planning Commission adopted Resolution No. 92- , A RESOLUTION
ADOPTING A MITIGATION MONITORING PROGRAM FOR THE NEGATIVE DECLARATION
FOR PA 92-019 TWO PESOS CONDITIONAL USE PERMIT/SITE DEVELOPMENT
REVIEW, approved on May 4, 1992 to provide for the implementation of a
mitigation monitoring program covering the project.
4. Pursuant to Public Resources Code Section 21080.1 and Section
15063 of the State CEQA Guidelines (Title 14, California
Administrative Code), an initial study dated April 10, 1992, (the
"Initial Study") was prepared to determine whether there are effects
on the environment peculiar to the proposed Project.
5. The Initial Study, based in part on a June 21, 1991 memorandum
and traffic study generated by TJKM, the City's traffic consultant
(the "TJKM Report"), identified the following effect on the
environment as being peculiar to the proposed Project:.
Reduction of the level of service on Dublin Boulevard
between Donlon Way and Village Parkway.
6. The Initial Study indicated that the significant environmental
effect listed in paragraph 5 could be mitigated by widening and
restriping Dublin Boulevard, from four to six lanes, between Donlon
Way and Village Parkway.
7. The proposed Project has been modified to include provisions for
payment by the Applicant of its proportionate share of the costs of
mitigating the effects described in paragraph 5 above (the "traffic
mitigation measure") in the manner described in the TJKM Report.
EXHIBIT B
PA(,F 11 nr
8. Based on the information contained in the TJKM Report, the
Initial Study and the Staff Report dated May 4, 1992 (the "Staff
Report") all of which are incorporated herein by this reference, a
Mitigated Negative Declaration, incorporating the traffic mitigation
measures, was prepared for the proposed Project. Notice of the
Mitigated Negative Declaration was duly given prior to the Planning
Commission hearing on May 4, 1992.
9. The Planning Commission held a Public Hearing on the proposed
Project on May 4, 1992, at which time the Planning Commission took
testimony from interested persons regarding the proposed Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby resolve that:
A. The foregoing Recitals are true and correct and are made a
part hereof.
B. The Planning Commission finds, on the basis of the record
before it and the foregoing Recitals, (1) that feasible
mitigation measures, including without limitation the
traffic mitigation measures, have been incorporated into the
Project to mitigate the significant environmental effects
identified in paragraph 5 above; (2) that such mitigation
measures will eliminate or reduce to a level of
insignificance the significant environmental effects
identified in paragraph 5; and (3) that uniformly applied
development policies or standards will not mitigate the
significant environmental effects identified in paragraph 5
above.
c. The Planning Commission has reviewed and considered the
Mitigated Negative Declaration, together with all comments
received during the public comment period and all testimony
at the public hearing. The Planning Commission hereby finds
that there is no substantial evidence that the Project, as
modified to incorporate the traffic mitigation measures,
will have a significant effect on the environment and
approves the Mitigated Negative Declaration.
PASSED, APPROVED AND ADOPTED this 4th day of May, 1992.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
PAGE OF .
RESOLUTION NO. 92 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
ADOPTING A MITIGATION MONITORING PROGRAM FOR THE NEGATIVE DECLARATION
FOR PA 92-019 TWO PESOS CONDITIONAL USE PERMIT/SITE DEVELOPMENT REVIEW
WHEREAS, Public Resources Code 21081.6 requires the City to adopt
a reporting or monitoring program for changes in a project or
conditions imposed to mitigate or avoid significant environmental
effects in order to ensure compliance during project implementation;
and
WHEREAS, on May 4, 1992, the Planning Commission held a Public
Hearing and adopted Resolution No. 92- , making findings
approving the Mitigated Negative Declaration for PA 92-019 Two Pesos
Restaurant Conditional Use Permit/Site Development Review; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does adopt the "Two Pesos Restaurant Negative Declaration
Mitigation Monitoring Program" attached hereto as Attachment C-1 as
the monitoring program required by Public Resources Code 21081.6.
PASSED, APPROVED AND ADOPTED this 4th day of May, 1992.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
EXHIBIT.
rare 13_ 0r36
PA 92-019 TWO PESOS RESTAURANT
MITIGATION MONITORING PROGRAM
FOR NEGATIVE DECLARATION
The Applicant shall be responsible for any and all costs
incurred in monitoring mitigation measures.
For detailed information on impacts and mitigation measures
refer to the Initial Study and Mitigated Negative Declaration
for PA 92-019 Two Pesos Restaurant Conditional Use Permit/
Site Development Review.
RESOURCE
Traffic/
Circulation
IMPACT
Reduction in
level of service
on Dublin
Boulevard between
Donlon Way
and Village
Parkway
MONITORING ACTION
1. Developer deposits
share of cost of
Dublin Boulevard
widening and
restriping prior to
issuance of a
building permit
2. Additional traffic
study will be
performed to
determine the actual
share of cost of
Dublin Boulevard
widening and
restriping, and the
ultimate Traffic
Impact Fee will be
imposed.
If the additional
traffic study is
not prepared, the
Traffic Impact Fee
identified in the
initial traffic
study, prepared by
TJKM dated June 21,
1991, shall be
imposed.
VERIFICATION
1. Public Works
Department
with input
from traffic
consultant
2. Public Works
Department
with input
from traffic
consultant
raor %" nrr'
RESOLUTION NO. 92 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 92-019 TWO PESOS CONDITIONAL USE PERMIT APPLICATION FOR
THE ADDITION OF A DRIVE THRU WINDOW 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 onto the
south elevation of an existing restaurant, and modifications to the
parking lot configuration located at 6568 Village Parkway; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on May 4, 1992; 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 a
Mitigated Negative Declaration has been adopted (Planning Commission
Resolution No. 92- ). The project, as mitigated, will not have a
significant effect on the environment; 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
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.
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.
EXHIBIT D
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve Conditional Use Permit application PA 92-
019 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, [PO] Police, [PW] Public Works, [ADM]
Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional
Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda
County Department of Environmental Health.
1. This approval is for the operation of a drive thru window at 6568
Village Parkway as shown on the site plan, floor plan and
elevations prepared by Michael S. Johnstone, AIA, dated received
April 17, 1992 (Exhibit A) stamped approved. [PL]
2. This approval shall supplement the outdoor seating area
Conditional Use Permit approval for PA 91-026, and shall be
subject to compliance with the Conditions of Approval for
Planning Commission Resolution No. 91-036 (see Attachment D-1).
[PL]
3. On an annual basis, this use shall be subject to Zoning
Investigator review and determination as to compliance with the
Conditions of Approval. [PL]
4. This approval shall become null and void, in the event the
approved use fails to be established or ceases to operate for a
continuous one year period. [PL]
5. 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 4th day of May, 1992.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
RESOLUTION NO. 91 - 036
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.
PACE TL OF
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, [PO] Police, [PW] Public Works, [ADM]
Administration, [FIN] Finance, [F] Dougherty Regional Fire Authority,
[DSR] Dublin San Ramon Services District, [CO] 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
PACE .lb or
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: Commissioners Barnes, North, Rafanelli and Zika
NOES: None %
ABSENT: Commissioner Burnham
//47//' /;02/1/.41-W1,
Planning Commission Chairperson
ATTEST:
"Planning irector
- 3
PACE CF 3�0
RESOLUTION NO. 92 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 92-019 TWO PESOS SITE DEVELOPMENT REVIEW APPLICATION FOR
THE ADDITION OF A DRIVE THRU WINDOW AND MODIFICATIONS TO THE PARKING
LOT CONFIGURATION 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 onto the
south elevation of an existing restaurant, and modifications to the
parking lot configuration located at 6568 Village Parkway; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on May 4, 1992; 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 a
Mitigated Negative Declaration has been adopted (Planning Commission
Resolution No. 92- ). The project, as mitigated, will not have a
significant effect on the environment; 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.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
A. The approval of the application is consistent with the
intent/purpose of Section 8-95.0 Site Development Review.
B. The approval of the application, as conditioned, complies
with the General Plan and with the C-2, General Commercial District
Regulations and the General Requirements established by the Zoning
Ordinance.
C. The approval of the application, as conditioned, is in the
best interests of the public health, safety and general welfare.
D. The proposed site development, including site layout,
vehicular access, circulation and parking, setbacks, height, walls,
public safety and similar elements has been designed to provide a
desirable environment for the development.
E. 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
EXHIBIT E
PAPS 2.0nr 34,
been incorporated into the project in order to insure compatibility of
this development with the development's design concept or theme and
the character of adjacent buildings and uses.
F. 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 Dublin Planning Commission does
hereby conditionally approve PA 92-019 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/City Attorney, [FIN] Finance, [F] Dougherty Regional
Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda
County Department of Environmental Health.
1. Except as specifically modified elsewhere, PA 92-019 Site
Development Review is approved for the addition of a drive thru
window onto the south building elevation and modifications to the
parking lot configuration 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 April 17, 1992 (Exhibit A) stamped approved.
[PL]
2. Prior to issuance of building permits, development of the
proposed project drive thru addition at 6568 Village Parkway
shall be subject to a Traffic Impact Fee. The Applicant shall
deposit a Traffic Impact Fee of $13,679.00 in the form of a
Certificate of Deposit made to the City of Dublin with interest
accruing to the purchaser, which is acceptable to both the
Applicant and the City Finance Director. The ultimate Traffic
Impact Fee to be imposed on the project shall be determined once
a new traffic study, which depicts daily traffic counts for the
drive thru addition, is taken, no sooner than six nor later than
twelve months after occupancy of the new drive thru addition is
complete. If a second traffic study is not performed, the
deposit amount of $13,679.00 shall be imposed as the ultimate
Traffic Impact Fee. [PL, B, PW, FIN]
3. The new traffic study, depicting daily traffic counts at the
drive thru, taken no sooner than six nor later than twelve months
after occupancy or operation of the drive thru addition, shall be
performed by a qualified Traffic Engineer, approved by the City
of Dublin. All costs incurred as a result of the additional
- 2
PAGE ZI OF .311
study (including the cost of the new traffic study, consultant
time and staff time) shall be borne by the Applicant. Any
percentage increase in traffic found by the new traffic study
shall be deemed to be due to the addition of the drive thru and
that percentage shall be used to calculate the final amount of
the Traffic Impact Fee, based on the formula for calculating the
fee set forth in the memorandum from TJKM, the City's traffic
consultant, to the City of Dublin, dated June 21, 1991. If the
final amount of the fee is less than the amount deposited, the
difference together with accrued interest, at the rate earned by
the City on its investments, shall be returned to the Applicant.
If the final amount of the fee is greater than the amount
deposited, the Applicant shall be required to pay an additional
fee amount within 30 days of establishment of the new Traffic
Impact Fee. [PL, PW, FIN]
4. 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
5. 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. A
colors and materials sample board shall be submitted prior to
issuance of building permits. [PL]
Debris/Dust/Construction Activity
6. 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]
7. The existing 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]
- 3
PAGE 22- F
Fire Protection
8. The Applicant shall comply with all applicable requirements of
the Dougherty Regional Fire Authority. [F, PL]
9. The curb along the south property line shall be painted red and
posted "No Parking" to the satisfaction of the Fire Chief. [F]
10. 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
11. 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 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
12. 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]
13. The final landscape plan shall be generally consistent with
preliminary landscape plans prepared by Michael S. Johnstone,
AIA, dated received by the Planning Department April 17, 1992
(Exhibit A) stamped approved. [PL]
14. 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]
15. The Applicant shall install and maintain tree grates for all
trees located within the raised concrete medians. [PL]
16. The Applicant shall complete and submit to the Dublin Planning
Department the Standard Plant Material, Irrigation and
Maintenance Agreement (attached). [PL]
- 4
PAGE or Viz.
Parking
17. 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. [PL]
18. A minimum of thirty-nine (39) parking spaces shall be maintained
on -site at all times. [PL]
19. All striping and arrows providing direction for vehicles shall be
painted on -site, to the satisfaction of the Planning Director and
the Public Works Director. [PL, PW]
20. The northwestern most parking space located in the parking area
west of the building shall be striped and designated as a
turnaround. [PL, PW]
On -Site Circulation
21. The landscape fingers located adjacent to parking stalls #14 and
#23 shall be reduced in length approximately two feet, in order
to facilitate ingress and egress of vehicles into these parking
spaces. [PL, PW]
22. In order to ease vehicular turning movements 1) the turning
radius of the drive thru aisle, across from the menu board, shall
be increased from 30 feet and 2) the turning radius at the
entrance to the drive thru aisle shall be increased. Both
modifications shall be accomplished to the satisfaction of the
Planning Director and the Public Works Director [PL, PW]
Grading and Drainage
23. A grading and drainage plan shall be submitted for review and
approval by the City Engineer. [PW]
24. 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]
25. Roof drains shall empty into approved dissipating devices. Roof
water, or other concentrated drainage, shall not be directed onto
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]
26. 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]
- 5
PAGE 24 0 .%
27. 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
28. 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]
29. The Developer shall be responsible for correcting deficiencies in
the existing frontage improvements to the satisfaction of the
City Engineer. [PW]
30. Any relocation of improvements or public facilities shall be
accomplished at no expense to the City. [PW]
31. In order to protect the existing transformer located at the
southeast corner of the property from vehicular damage, the
Applicant shall install two bollards, with a minimum diameter of
six (6) inches and a minimum height of three (3) feet, between
the driveway flare and the transformer. The Applicant shall
provide the Public Works Department with a standard detail of the
bollard, prior to installation. [PW]
32. The Applicant shall install to the satisfaction of the City
Engineer, one (1) R-11, "No Entrance", sign north of the drive
thru exit driveway, within the Public right-of-way. [PW]
33. An encroachment permit shall be secured from the City Engineer
for any work done within the public right-of-way. [PW]
34. The Applicant shall install 5 foot flat flares on all driveways,
to the satisfaction of the City Engineer. [PW]
Miscellaneous
35. All damaged on -site existing pavement sections shall be repaired
or replaced as directed by the City Engineer. [PW]
36. 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]
37. 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]
38. All signage shall be subject to the provisions established in the
City of Dublin Sign Ordinance. [PL]
6
39. Approval for the Site Development Review shall be valid for one
year, until May 14, 1993. 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]
40. The 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]
41. 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 4th day of May, 1992.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
- 7 -
PACF_2 or 3_.
RESOLUTION NO. 92 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
A RESOLUTION IMPOSING A TRAFFIC IMPACT FEE ON PA 92-019 TWO PESOS
RESTAURANT AT 6568 VILLAGE PARKWAY
WHEREAS, by Planning Commission Resolution No. 92- , the
Planning Commission has approved the Conditional Use Permit for the
addition of a drive thru window onto the east building elevation, and
by Planning Commission Resolution No. 92- , the Planning
Commission has approved the Site Development Review for the addition
to the restaurant building and modifications to the parking lot
configuration (hereafter "the proposed project"); and
WHEREAS, the Planning Commission did hold a public hearing on
said application on May 4, 1992; 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 a
Mitigated Negative Declaration has been adopted (Planning Commission
Resolution No. 92- ). The project, as mitigated, will not have a
significant effect on the environment; 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
WHEREAS, Conditions No. 2 and 3 of Planning Commission Resolution
No. 92- approving the Site Development Review require the
developer to pay a traffic impact 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 F-1 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.
1
EXHIBIT F
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 F-1, 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 F-1.
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 F-1 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 F-1 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 F-1.
- 2
PAGEGb OF
H. The TJKM report (Attachment F-1) 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 F-1
and Conditions No. 2 and 3 of Planning Commission Resolution No.
92- is hereby imposed, to be paid prior to the issuance of
building permits. The Commission finds that Attachment F-1 is
the "plan" required by Government Code Section 66007(b).
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 F-1 and reasonable costs of outside
consultant studies related thereto;
2. To reimburse the City for the public facilities described in
Attachment F-1, constructed by the City with funds from
other sources, unless the City funds were expended to remedy
existing deficiencies as identified in Attachment F-1 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 F-1 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 F-1
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 Zq OF a �
O. No later than August 30, 1992 and August 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, the
capital facilities to be constructed, and other matters required
by Government Code Section 66006(b). 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. The City Council shall
review the report at a noticed public hearing.
P. No later than five (5) years from the date of deposit of the fee
in the Capital Improvement Fund, the City Council shall make the
findings required by Government Code Section 66001(d) for any
portion of the fee remaining unexpended or uncommitted.
Q. The fees imposed herein shall be effective sixty (60) days
following adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 4th day of May, 1992.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
- 4
WAGE OF 3(4'
a \ 1. v 1.. 1 / L.. y-.
JUN 2 4 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 prow ria 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
ATTAC , , NT
Rr. 5
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 ins,, tower seating. The traffic imparts due to vustnmers 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.
Puri ao,
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 impacLing 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.
dm
Attachment
cc: Lee Thompson
157-054
•
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RECEIVE
MAR 2 4 18;.:
DUBLIN PLANN1M
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TWO PESOS RESTAURANT PROJECT DESCRIPTION
Two Pesos is a succesful Mexican food concept,originated in Texas
that has developed through out east and south west,it is a new
concept for california market.Two Pesos is a eatery complete with
patio dining and drive through.
All food is freshly prepered on the premises,special margaritas,
imported beers are an additional attraction for the diners.
Two Pesos is in operation at 6568 Village Parkway,Dublin. at the
corner of Dublin Boulevard and Village Parkway. -
A new drive through window structure will be integrated to the
existing building.
Hours of operation of the restaurant will be Monday to Saturday
7.00 Am to 11.00 Pm, Sunday 7.00 Am to 10.00Pm.
Currently restaurant is in operation with 17 employees,after the
addition of drive through window the number of employees will be
25 or more.
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 40 parking spaces.The required number of spaces per Planning
Department guidelines is 39 spaces.
Addition of drive thru window was approved on August 5th,1991,by
the Planning Commission,City of Dublin for the above project.
RECEIVED
MAR 2 41992
6 (368 V ( t - Nay
Franchisse TEXAS FOOD SERVICES,INC.
6568 Village Parkway DUBLIN,
CALIFORNIA 94568
(510) 833-8672
ATTACHMENT 2.
PACEC OL56
MITIGATION MEASURE AGREEMENT
RECEIVED
APR `I0 1992
DUBLIN PLANNING
1, NNtMN.c> \<A-?,M iV uo,r (project Applicant), do hereby
agree to the mitigation measures proposed for PA 92-019 Two Pesos
Restaurant Conditional Use Permit/Site Development Review. The
mitigation measures consist of the following:
Prior to issuance of building permits, development of
the proposed project drive thru addition at 6568 Village
Parkway shall be subject to a Traffic Impact Fee. The
Applicant shall deposit a Traffic Impact Fee of $13,679.00
in the form of a Certificate of Deposit made to the City of
Dublin with interest accruing to the purchaser, which is
acceptable to both the Applicant and the City Finance
Director. The ultimate Traffic Impact Fee to be imposed on
the project shall be determined once a new traffic study,
which depicts daily traffic counts for the drive thru
addition, is taken, no sooner than six nor later than twelve
months after occupancy of the new drive thru addition is
complete. If a second traffic study is not performed, the
deposit amount of $13,679.00 shall be imposed as the
ultimate Traffic Impact Fee.
The new traffic study, depicting daily traffic counts
at the drive thru, taken no sooner than six nor later than
twelve months after occupancy or operation of the drive thru
addition, shall be performed by a qualified Traffic
Engineer, approved by the City of Dublin. All costs
incurred as a result of the additional study (including the
cost of the new traffic study, consultant time and staff
time) shall be borne by the Applicant. Any percentage
increase in traffic found by the new traffic study shall be
deemed to be due to the addition of the drive thru and that
percentage shall be used to calculate the final amount of
the Traffic Impact Fee, based on the formula for calculating
the fee set forth in the memorandum from TJKM, the City's
traffic consultant, to the City of Dublin, dated June 21,
1991. If the final amount of the fee is less than the
amount deposited, the difference together with accrued
interest, at the rate earned by the City on its investments,
shall be returned to the Applicant. If the final amount of
the fee is greater than the amount deposited, the Applicant
shall be required to, and agrees to, pay an additional fee
amount within 30 days of establishment of the new Traffic
Impact Fee.
Signed:
Dated:
A1IACHMEHT 3
PAPP 30 nr%