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Home My WebLink AboutPC Reso 90-036 PA 90-026 Frankie, Johnnie and Luigi Too review to construct an enclosed patio for outdoor restaurant seating ("N1 RESOLUTION NO. 90-036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-026 FRANKIE, JOHNNIE & LUIGI TOO SITE DEVELOPMENT REVIEW TO CONSTRUCT AN ENCLOSED PATIO FOR OUTDOOR RESTAURANT SEATING AT AN EXISTING RESTAURANT LOCATED AT 11891 DUBLIN BOULEVARD WHEREAS, Chuck Dittmar Construction, representing D'Ambrosio Bros. Investment Co., filed an application for a Conditional Use Permit/Site Development Review to construct an enclosed patio for outdoor seating in an existing restaurant at 11891 Dublin Boulevard; and WHEREAS, Section 8-95.0 of the Dublin Zoning Ordinance requires Site Development Review approval; and WHEREAS, the Planning Commission did hold a public hearing on said application on July 2, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be Categorically Exempt, Class 1, Section 15301; and WHEREAS, the Planning Commission finds that the Site Development Review will not have a significant environmental impact; and WHEREAS, the Staff Report was submitted recommending the Site Development Review application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth; and WHEREAS, the proposed outdoor patio, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission hereby finds: a) All provisions of Section 8-95.0 through 8-95.8, Site Development Review of the Zoning Ordinance, are complied with. b) Consistent with Section 8-95.0, this project will promote orderly, attractive, and harmonious development; recognize environmental limitations on development; stabilize land values and investments; and promote the general welfare by preventing [90026RE2] -1- n establishments of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards set forth in the Zoning Ordinance and which are not consistent with their environmental setting. c) The approval of the project as conditioned is in the best interest of the public health, safety and general welfare. d) General site considerations, including site layout, orientation, and the location of buildings, vehicular access, circulation and parking, setbacks, height, public safety and similar elements have been designed to provide a desirable environment for the development. e) General architectural considerations, as modified by the conditions of approval, including the architectural relationship with the site and other buildings, building materials and colors, and similar elements have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of adjacent buildings and uses. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 90-026 Site Development Review application as shown by materials labeled Exhibit A (Site Plan, Elevations and Landscape Plan dated received June 11, 1990) on file with the Dublin Planning Department, 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 and grading permits and establishment of use, and shall be subject to Planning Department review and approval. 1. Development shall be generally as shown on the plans submitted with the application dated received by the Dublin Planning Department on June 11, 1990. Development shall be subject to final review and approval by the Planning Director prior to the issuance of a building permit or establishment of the requested use and shall be subject to the conditions listed below. 2. A minimum of twenty-two (22) on-site parking spaces shall be provided. Continuous concrete curbing is required for all parking stalls. All parking spaces shall be double striped. 3. The Applicant shall comply with all applicable City of Dublin Site Development Review Standard Conditions and City of Dublin Non-Residential Security Requirements (attached). -2- r'1 r'1 `4 ARCHITECTURAL 4. Exterior colors and materials shall be subject to final review and approval by the Planning Director. The existing blue asphalt shingles on the pitched roof on the north, east and west sides of the building shall be replaced with new green shingles. PUBLIC WORKS 5. The Applicant shall comply with all applicable Public Works Department requirements, including but not limited to, the following: a. All missing street trees on Dublin Boulevard shall be replaced in accordance with the street tree details. b. The Applicant shall be responsible for correcting deficiencies in the existing frontage improvements to the satisfaction of the City Engineer. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. c. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way. d. The Applicant shall repair damaged pavement areas as directed by the City Engineer. e. The flow line of all asphalt paved areas carrying water shall be slurry sealed at least three (3) feet on either side of the center of the swale. f. All existing catch basins not against curb and gutter shall have a three (3) foot concrete apron installed around all sides of the inlet. OTHER DEPARTMENTS 6. The Applicant shall comply with all requirements of the Dublin Building Department, Dublin Police Department and Dougherty Regional Fire Authority. LANDSCAPING AND IRRIGATION PLANS 7. A 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 prepared and signed by a licensed landscape architect. 8. The Developer/Owner shall sign and submit a copy of the City of Dublin Landscape Maintenance Agreement (attached). 9. Planting and maintenance specifications shall be prepared and submitted to the Planning Director for review and approval. -3- 1 ' LIGHTING 10 . Exterior lighting shall be of a design and placement so as not to cause glare onto Dublin Boulevard or onto adjoining properties . Lighting used after daylight hours shall be adequate to provide for security needs . Photometric and lighting plan for the site shall be submitted to the Planning Department and the Dublin Police Services for review and approval prior to the issuance of building permits . MISCELLANEOUS 11 . The Applicant shall comply with all applicable building code requirements, including Title 24 relating to handicapped parking requirements . 12 . 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. 13 . To Apply for a building permit, 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 . 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 . PASSED, APPROVED AND ADOPTED this 2nd day of July, 1990 . AYES : Commissioners Burnham, Okun and Zika NOES : None ABSENT: Commissioner Barnes /` /� f ? �� L--- Planning Comm' si Chairperson ATTEST: 4.0/614.97--,T IliPlanning Dire• l -4-