HomeMy WebLinkAboutPC Reso 91-036 PA 91-026 Two Peses Drive Thru Outdoor Improvement 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.
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, [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 -
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 `/ /(,��
Planning Commissi Chairperson
ATTEST:
*€)111°--14Planning rector
- 3 -