HomeMy WebLinkAboutPC Reso 90-035 PA 90-026 Frankie Johnnie and Luigi Too construct an enclosed patio for outdoor restaurant seating r'1
RESOLUTION NO. 90-035
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-026 FRANKIE, JOHNNIE & LUIGI TOO CONDITIONAL USE
PERMIT 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 and Site Development Review to construct an enclosed patio for
outdoor seating in an existing restaurant at 11891 Dublin Boulevard;
and
WHEREAS, Section 8-31.8 of the Dublin Zoning Ordinance requires
Conditional Use Permit approval for minor modifications of the Land
Use and Development Plan in a PD District; 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 Conditional Use
Permit will not have a significant environmental impact; and
WHEREAS, the Staff Report was submitted recommending the
Conditional Use Permit application be 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) The modification of the use of the subject restaurant to
allow outdoor eating serves the public need by expanding the range and
diversity of available restaurant facilities.
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b) The uses will be properly related to other land uses, and
transportation and service facilities in the vicinity, as the proposed
peak hour uses of the restaurant can be anticipated to be during lunch
and evening hours rather than at normal peak-hour business periods,
and therefore will not be in conflict with existing office uses in the
adjoining office complex.
c) The uses 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 uses 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 uses will be compatible with the
adjoining uses.
e) The approval of the Conditional Use Permit will be
consistent with the Dublin General Plan.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
conditionally approve PA 90-026 Conditional Use Permit application as
shown by materials labeled Background Attachment A on file with the
Dublin Planning Department, subject to the Site Development Review
approval Resolution No. 90-036 and to the following conditions:
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to issuance of building permits or establishment of use,
and shall be subject to Planning Department review and approval.
1. The approval is for an enclosed patio for outdoor dining
containing 2,035 square feet.
2. No loudspeakers or amplified music shall be permitted
outside of the enclosed building.
3. All activities shall be controlled so as not to create a
nuisance to the existing and/or future adjoining businesses.
4. The Applicant/Property Owner shall, on a continuous basis,
maintain the outdoor patio dining area and 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.
5. This approval supersedes all other conditional use permit
approvals for the site.
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6. This approval shall become null and void, in the event the
approved use ceases to operate for a continuous one-year period.
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 of conditions of this permit shall be subject to citation.
8. On an annual basis, these uses shall be subject to Zoning
Investigator review and determination as to compliance with the
Conditions of Approval.
PASSED, APPROVED AND ADOPTED this 2nd day of July, 1990.
AYES: Commissioners Bunham, Okun, and Zika
NOES: None
ABSENT: Commissioner Barnes //
11.,'
Planning airperson
ATTEST:
Planning Direct
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