HomeMy WebLinkAboutPC Reso 90-044 PA 90-048 Carl's Jr Request to operate existing drive thru window RESOLUTION NO. 90 - 044
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-048 CARL'S JR. RESTAURANT CONDITIONAL USE PERMIT REQUEST TO
OPERATE AN EXISTING DRIVE-THROUGH WINDOW AT 7120 DUBLIN BOULEVARD
WHEREAS, Carl's Junior Restaurant has filed an application for a
Conditional Use Permit (PA 90-048) for the continued operation of an existing
drive-through window for a fast food restaurant at 7120 Dublin Boulevard; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on August 6, 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 was found to
be Categorically Exempt under Section 15301, Class 1 of CEQA; and
WHEREAS, the Staff Report was submitted recommending that 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:
a) The use is required to serve a public need in that it provides a
drive-through window service for convenient food order and pick up.
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 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 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 drive-through window for the fast food restaurant is a use which is
consistent with the character of the commercial district.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
conditionally approve PA 90-048 Carl's Jr. Restaurant Conditional Use Permit as
shown on the attached plans prepared by Carl Karcher Enterprises, Inc.
(Exhibit A) dated received June 29, 1990 and on file with the Dublin Planning
Department, subject to the following conditions:
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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. PA 90-048 Carl's Jr. Restaurant Conditional Use Permit is approved
for the operation of the existing drive-through window at 7120 Dublin Boulevard
as generally depicted on plans labeled Exhibit A dated received June 29, 1990.
2. No loudspeakers or outside amplification of music shall be allowed.
The loudspeakers utilized for the drive through window service shall observe
noise levels which reflect the minimal volume functional.
3. The existing landscaping along the drive-through aisle and window
shall be maintained in a viable and well kept manner at all times. Any
proposed changes in the landscape layout, design or plant type shall be subject
to review and approval by the Planning Director.
4. A standard three (3) foot concrete apron and replacement A.C. paving
shall be installed around all sides of the existing drainage inlet located
within the driveway to the north of the existing restaurant building (see Staff
Study dated July 25, 1990 attached).
5. All existing striping and arrows for the drive through aisle shall be
repainted to the satisfaction of the Planning Director (see Staff Study dated
July 25, 1990 attached).
6. Any new or proposed signs added to the restaurant site shall be
subject to review and approval by the Planning Department prior to
installation.
7. This approval shall be null and void, in the event the approved use
ceases to operate for a continuous one year period.
8. On an annual basis, this Conditional Use Permit shall be subject to
Zoning Investigator review and determination as to compliance with the
Conditions of Approval.
9. 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 the
conditions of this use permit will be subject to citation.
PASSED, APPROVED AND ADOPTED this 6th day of August, 1990.
AYES: Commissioners Barnes, Springer, and Zika
NOES: None
ABSENT: Commissioners Burnham and Okun
ATTEST: lanning ommissio Chairperson
Tv Planning Director
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