HomeMy WebLinkAboutPC Reso 89-051 PA 89-126 Catania Deli's to continue the outside eating area RESOLUTION NO. 89 - 051
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN
APPROVING PA 89-126 CATANIA DELI'S
CONDITIONAL USE PERMIT TO CONTINUE THE
OUTSIDE EATING AREA AT 7081 VILLAGE PARKWAY
WHEREAS, Kathy Latora, Owner/Partner of Catania Deli has
filed an application for a Conditional Use Permit (PA 89-126) to
allow the continued operation of an outside eating area in front
of the existing deli at 7081 Village Parkway; 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; and
WHEREAS, the Planning Commission held a public hearing on
said application on November 20, 1989; and
WHEREAS, notice of public hearing was published in the local
newspaper, posted in public buildings, and mailed to property
owners within 300 feet of the project in accordance with
California State law; and
WHEREAS, a Staff analysis was submitted recommending
conditional approval of the application; and
WHEREAS, the Planning Commission heard and considered 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 the
use provides an outdoor eating area.
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 outdoor seating area is
consistent with the character of the commercial district.
BE IT FURTHER RESOLVED THAT THE Planning Commission does
hereby conditionally approve PA 89-126 as shown by materials
labeled "Exhibit A" on file with the Dublin Planning Department
and subject to the following conditions:
1. This approval is for the continued use of outside
patron seating for Catania Deli. There shall be no more than
four tables and eight chairs located on the site at any one time.
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• 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. Said tables and chairs shall not restrict police patrol
visibility into the premises.
4. The Applicant shall remove tables and chairs at the end
of each business day.
5. The Applicant shall provide outdoor trash containers
and maintain the site in a litter free condition.
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 or conditions of this permit shall be
subject to citation.
PASSED, APPROVED AND ADOPTED this 20th day of November,
1989.
AYES: Commissioners Burnham, Mack, Okun and Zika
NOES: None
ABSENT: Commissioner Barnes
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Planning Commissiogi airman
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ATTEST: //
Planning Directo
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