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HomeMy WebLinkAboutPC Reso 88-060 PA 8-103 Erik's Delicafe to establish restaurant RESOLUTION NO. 88 - 060 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 88-103 ERIK'S DELICAFE CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A RESTAURANT WITHIN A PORTION (1750+ SQUARE FEET) OF AN EXISTING COMMERCIAL BUILDING AT 7601 AMADOR VALLEY BOULEVARD WHEREAS, Michael Wyant, representing Erik's DeliCafe filed an application for a Conditional Use Permit to locate a 1705 square foot restaurant use within an existing commerical building at 7601 Amador Valley Boulevard. WHEREAS, the Planning Commission held a public hearing on said application on November 7, 1988; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the request is categorically exempt in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, a Staff Report was submitted recommending the application be conditionally approved; 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: a. The use is required by the public need in that it provides a Restaurant (DeliCafe) service for the community and neighborhood. b. The use would be properly related to other land uses and transportation and service facilities in the vicinity. 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 materially 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. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 88-103 Conditional Use Permit as shown on the attached Exhibit B and C and subject to the following conditions: CONDITIONS OF APPROVAL: Unless otherwise s ecified the followin conditions shall be coma lied with rior to issuance of buildin ermits. Each item is subject to review and a royal b the Plannin Dea rtment unless otherwise s ecified. 1. Development shall be generally as shown on the floor plan submitted with the application dated received by the Dublin Planning Department on October 8, 1988 (Exhibit B and C). 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. -1- 2. The permit shall be valid for period of one (1) year until November 17, 1989, at which time the Applicant may request an administrative extension for an additional two (2) years from the Planning Director provided such written request is made prior to the permits expiration date. 3. Failure to establish the use within one (1) year of the effective date of the permit will cause the permit to become null and void. 4. No loudspeakers or amplified music shall be permitted outside the enclosed building. All activities associated with the proposed uses shall be conducted entirely within the subject building. 5. Prior to the issuance of a building permit or establishment of the proposed use, detailed floor plans of the Restaurant shall be prepared by the Applicant and submitted for review and approval by the Planning Director. 6. 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 revivew 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. 7. 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. 8. The Applicant shall comply with all requirements of the Dublin Building Department. 9. Prior to the issuance of a building permit for the establishment of the proposed use, the developer shall submit a letter documenting that the requirements of the Dougherty Regional Fire Authority have been satisfied. 10. Prior to the issuance of a building permit for the establishment, plans showing plumbing fixtures must be reviewed and approved by DSRSD. 11. Prior to the issuance of a building permit for the establishment, a traffic mitigation fee of $1,584.00 shall be paid. 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 7th day of November, 1988. AYES: Commissioners Barnes, Burnham, Mack and Zika NOES: None ABSENT: None (� n Planning Commaissmon Chairperson ATTEST: Planning Director -2-