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HomeMy WebLinkAboutPC Reso 89-021 PA 89014.2 Rainbow Investment erik's Delicafe- 360 sq ft outdoor seating/eating area n RESOLUTION NO. 89 - 021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-014.2 RAINBOW INVESTMENT ERIK'S DELICAFE CONDITIONAL USE PERMIT REQUEST TO EXPAND THE EXISTING RESTAURANT USE TO INCLUDE A 360 SQUARE FOOT (16 SEAT) OUTDOOR SEATING/EATING AREA AT 7603 AMADOR VALLEY BOULEVARD WHEREAS, Robert Glockner, Rainbow Investments filed an application for a Conditional Use Permit to expand the existing restaurant use to include a 360 square foot outdoor seating/eating area at 7603 Amador Valley Boulevard; and WHEREAS, the Planning Commision approved the Conditional Use Permit for the existing restaurant use on November 7, 1988; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission held a public hearing to consider the proposed use expansion on May 15, 1989; 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; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission heard -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 by the public need in that it provides a restaurant use (DeliCafe) and outdoor seating/eating area available to serve the community and neighborhood. b. The use will be properly related to other land uses and transportation and service facilities in the vicinity, in that the outdoor seating is a minor expansion of existing restaurant use and is commensurate with the present use of surrounding properties in the neighborhood. c. The use, if permitted 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 materailly detrimental to the public welfare or injurious to property or improvements in the area, as all applicable regulations will be met. d. The use will not be contrary to the specific intent clause or performance standards established for the district in which it is to be located, in that the use is consistent with the PD, Planned Development District General Provisions and General Plan land use designation for the site on which the project is located. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 89-014.2 Conditional Use Permit as shown on Exhibit A and subject to the following conditions: CONDITIONS OF APPROVAL: Unless otherwise specified, the following conditions shall be complied with prior to issuance of building permits or establishment of use. Each item is subject to review and approval by the Planning Department unless otherwise specified. -1- n 1. This approval is for a 1750+ sq. ft. (60+ seats) indoor restaurant use and 360 sq. ft. (16 seat) outdoor seating/dining patio area. 2. This approval supersedes Planning Commission Resolution No. 88-060, PA 88-103 Erik's DeliCafe Conditional Use Permit, 3. The use shall generally conform to the interior floor plan submitted with the application for PA 88-103 dated received October 8, 1988 and the exterior floor plan (outdoor seating) submitted with this application dated received March 16, 1989, Exhibit A on file with the Dublin Planning Department and subject to conditions of approval. 4. With exception of the outdoor seating facility, all demonstrations, displays, services, and other activities shall be conducted entirely within the structures on the site, unless subsequently approved on a temporary basis through the Administrative Conditional Use Permit process. 5. No loud speakers or amplified music shall be permitted outside the enclosed building. 6. The Restaurant Owner/Applicant/Property Owner shall provide at least two trash receptacles within the outdoor patio dining area, and shall maintain 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. 7. The Restaurant Owner/Applicant/Property Owner shall adequately secure all tables and chairs located within the patio area during the hours when the restaurant business is closed, subject to review and approval of the Planning Department and Police Department. 8. Any new signs proposed to be established for this use shall be in conformance to the City's Sign Ordinance and shall be subject to review and approval by the Planning Director. Temporary signs indicating special promotional events shall not be located on this site unless the necessary Conditional Use Permit or Administrative Conditional Use Permit has been processed and approved covering such signage. 9. The Applicant shall not allow any nuisance to be maintained or conducted on the premises. All deliveries shall occur between 7:30 a.m. and 6:00 p.m. 10. The Applicant shall comply with all requirements of the Dublin Building Department. 11. This Conditional Use Permit approval shall be valid for a period of two (2) years until May 25, 1991, at which time the Applicant may request an admini- strative extension for an additional two (2) years from the Planning Director provided such written request is made prior to the permit expiration date. 12. This permit shall be revocable for cause in accordance with Section 8- 90.7 of the Dublin Zoning Ordinance. Non-compliance of any provisions of the above conditions shall be cause for the initiation of hearings before the Planning Commission to determine whether cause is present to revoke this permit. PASSED, APPROVED AND ADOPTED this 15th day of May, 1989. AYES: Commissioners Barnes, Burnham, Mack, Okun and Zika NOES: None ABSENT: None Planning Commissio Chairperson ATTEST: /Ce Plann� g Director -2-