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HomeMy WebLinkAboutPC Reso 92-029 PA 92-019 Two Pesos addition of drive thru window RESOLUTION NO. 92 - 029 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. 92-027). 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. 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. The hours of operation of the drive-thru window shall be limited to 7:00 a.m. to 11:00 p.m.. Any change in the hours of operation of the drive-thru window shall be subject to a new Conditional Use Permit approval. [PL] 4. On an annual basis, this use shall be subject to Zoning Investigator review and determination as to compliance with the Conditions of Approval. [PL] 5. 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] - 2 - 6. 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: Commissioners Barnes, Burnham, Rafanelli and Zika NOES: None ABSENT: Commissioner North lannin )`ommissio Chairperson ATTEST' c\j 175 P anning Dire - 3 - 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. ATTACHMENT D-1. . 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, [ADM1 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 /l ABSENT: Commissioner Burnham ///i47; Za,/, 1:7,/,‘;v/ Planning Commissiah Chairperson ATTEST: Planning iao2!) - 3 -