HomeMy WebLinkAboutPC Reso 90-055 PA 90-069 Bagel Bakery to continue Operation of an outdoor seatin/ eating area for customers RESOLUTION NO. 90 - 055
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN
APPROVING PA 90-069 BAGEL BAKERY CONDITIONAL USE PERMIT REQUEST
TO CONTINUE OPERATION OF AN OUTDOOR SEATING/EATING AREA FOR CUSTOMERS
AT 7168 REGIONAL STREET
WHEREAS, Alex Bush, Dublin Bagel Bakery, filed an application for
a Conditional Use Permit (PA 90-069) for the continued use of an
outdoor seating/eating area at 7168 Regional Street; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on September 17, 1990; 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 has
been found to be Categorically Exempt under Section 15301, Class 1;
and
WHEREAS, the Staff Report was submitted recommending the
application be approved subject to conditions; 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 use is required to serve a public need in that it
provides an outside seating/eating area for use by the customers of
the bakery.
b. The use will be properly related to other land uses and
transportation and service facilities in the vicinity in that daytime
activities will be commensurate with present use of properties in the
neighborhood.
c. The use, under all circumstances and conditions of this
particular case, will not materially affect adversely 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, in that all applicable
regulations will be 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 in that the use of the outdoor seating area for the
bakery is consistent with the character of the commercial district.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 90-069 Bagel Bakery Conditional Use
Permit as shown on Exhibit A, plans dated and received August 14,
1990, and stamped approved on file with the Dublin Planning
Department, subject 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.
1. This approval is for the continued use of outside patron
seating/eating for the Bagel Bakery. There shall be no more than four
tables and eight chairs located on the site at any one time.
Placement of the tables and chairs shall be limited to within two feet
of the store front. The tables and chairs shall be placed directly
next to the building in front of this tenant space.
2. The tables and chairs shall be arranged so as not to block
access to the store or impede normal pedestrian traffic on the
sidewalk.
3. A trash receptacle shall be located in front of the store;
the location of the trash receptacle shall be located as shown on the
approved plans (Exhibit A).
4. The sidewalk and parking area shall be kept clean of all
debris resulting from the outside eating area.
5. No loudspeakers or outside amplification of music or sound
shall be allowed.
6. This approval shall be null and void, in the event the
approved use ceases to operate for a continuous one-year period.
7. On an annual basis, the Conditional Use Permit shall be
subject to Zoning Investigator review and determination as to
compliance with the Conditions of Approval.
8. This 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.
PASSED, APPROVED AND ADOPTED this 17th day of September, 1990.
AYES: Commissioners Barnes,j/ urnhakun, S ringer and Zika
NOES: None
ABSENT: None
ATTEST: Planning Commi ion Chairperson
*slar
ning Director
/90069RE
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