HomeMy WebLinkAboutPC Reso 87-078 PA 87-139 El Pollo Asado Restaurant Application to construct a restaurant on the undeveloped lot RESOLUTION NO. 87 - 078
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 87-139 EL POLLO ASADO RESTAURANT SITE DEVELOPMENT REVIEW
APPLICATION TO CONSTRUCT A RESTAURANT ON THE UNDEVELOPED LOT
ON THE WEST SIDE OF REGIONAL STREET, APN 941-305-35
WHEREAS, Arete Architecture, on behalf of A. T. Ventures, Inc., filed
a Site Development Review and Conditional Use Permit application requesting
approval to construct and operate a 2,225 sq. ft. restaurant with an outdoor
seating patio area and a drive-through facility on the vacant lot located on
the west side of Regional Street north of the Grand Auto site and south of the
Woolworth Nursery site, more specifically APN 941-305-35; and
WHEREAS, the application was reviewed in accordance with the
provisions of the California Environmental Quality Act and a Negative
Declaration has been adopted (Planning Commission Resolution No. 87 - 076) for
this project as it will have no significant effect on the environment; and
WHEREAS, notice of Public Hearing was published in The Herald, 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 held a public hearing on December 7,
1987, to consider all reports, recommendations, and testimony;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find that:
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 application, as modified by the
Conditions of Approval, will promote orderly, attractive and harmonious
development, recognize environmental limitations on development; stabilize
land values and investments; and promote the general welfare by preventing
establishment 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 application as conditioned is in the best interests of
the public health, safety and general welfare.
D. General site considerations, including site layout, vehicular access,
circulation and parking, setbacks, height, walls, public safety and similar
elements have been designed to provide a desirable environment for the
development.
E. General architectural considerations, including the character, scale and
quality of the design, the architectural relationship with the site and
other buildings, building materials and colors, screening of exterior
appurtenances, exterior lighting, 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.
F. General landscape considerations, including the locations, type, size,
color, texture and coverage of plant materials, provisions for irrigation,
maintenance and protection of landscaped areas and similar elements have
been considered to insure visual relief to complement buildings and
structures and to provide an attractive environment for the public.
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G. The project is consistent with the policies in the General Plan and the
Dublin Downtown Specific Plan.
BE IT FURTHER RESOLVED that the Planning Commission does hereby
conditionally approve PA 87-139 Site Development Review as shown by materials
labeled "Exhibit A" 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 on the site shall generally conform to the plans prepared by
Arete Architecture, by Hamill and McKinney Architects and Engineers, and
by Thomas Baak and Associates Landscape Architects Site Planners dated
received November 25, 1987, and labeled Exhibit "A" on file in the Dublin
Planning Department, as modified by the following Conditions of Approval
and those requirements of affected agencies, and associated Conditional
Use Permit (Planning Commission Resolution No. 87 - 077).
2) The Applicant shall comply with all applicable Police Services Standard
Commercial Building Security Requirements (Attachment 1).
3) The Applicant shall comply with all applicable Site Development Review
Standard Conditions (Attachment 2).
4) The Applicant shall complete and submit to the Dublin Planning Department
the Standard Plant Material, Irrigation and Maintenance Agreement
(Attachment 3).
ARCHTECTURAL
5) If during construction archaeological remains are encountered, construc-
tion in the vicinity shall be halted, an archaeologist consulted, and the
City Planning Department notified. If in the opinion of the archaeologist
the remains are significant, measures as may be required by the Planning
Director shall be taken to protect them.
6) The Applicant shall submit color and material samples for exterior colors
and materials for the building and proposed awnings subject to final
review and approval by the Planning Director. All ducts, meters, air
conditioning equipment and other mechanical equipment on the structure
shall be effectively screened from view with materials architecturally
compatible with the materials of the proposed structure.
7) The Applicant shall submit to the Planning Department elevations and
details of the proposed trash enclosure. Said trash enclosure shall be
compatible with the materials of the proposed restaurant building subject
to review and approval of the Planning Director.
8) The Applicant shall submit for Planning Director review and approval
revised elevation plans including a) designating elevation views north,
south, east and west, b) depicting awnings on rear building elevation over
doors, and c) depicting projected window for drive-through pick-up window.
Said plans shall be accurately dimensioned and drawn depicting features
applicable to the proposed building.
9) Building light fixtures shall be subject to review and approval of the
Dublin Police Department and Dublin Planning Department.
10) All roof-mounted mechanical equipment shall be screened from view subject
to Planning Department review and approval.
DEBRIS/DUST/CONSTRUCTION ACTIVITY
11) Measures shall be taken to contain all trash, construction debris, and
materials on-site until disposal off-site can be arranged. The Developer
shall keep adjoining public streets free and clean of project dirt, mud,
and materials during the construction period. The Developer shall be
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responsible for corrective measures at no expense to the City of Dublin.
Provision of temporary construction fencing shall be made subject to
review and approval of the City Engineer and the Building Official.
DRAINAGE
12) A grading, drainage, and improvement plan shall be prepared by the
Applicant and shall be submitted for review and approval by the City
Engineer. A grading permit shall be required for site grading and
drainage.
13) Roof drains shall empty into approved dissipating devices.
14) The site shall be so graded that all runoff is collected internally and
there is no flow across sidewalks, driveways, or onto adjacent properties.
15) Where storm water flows against a curb, a curb with gutter shall be used.
The flow line of all asphalt paved areas carrying waters shall be slurry
sealed at least three feet on either side of the center of the swale.
IMPROVEMENT PLANS
16) All on-site improvements and all improvements within the public right-of-
way, including curb, gutter, sidewalk, driveways, paving, and utilities,
must be constructed in accordance with approved standards and/or plans
subject to review and approval of the City Engineer.
17) The Developer shall be responsible for correcting deficiencies in the
existing frontage improvements to the satisfaction of the City Engineer.
18) An encroachment permit shall be secured from the City Engineer for any work
done within the public right-of-way.
19) The Developer shall construct the driveway to flare out on each side to
facilitate turning movement subject to review and approval of the City
Engineer.
20) The Applicant shall contact the Dublin San Ramon Services District (DSRSD)
concerning water, sewer, and fire services. A site plan showing water and
sewer facilities shall be submitted to DSRSD subject to review and
approval.
21) The relocation of improvements or public facilities including street trees
shall be accomplished at no expense to the City.
22) The Applicant shall be responsible for providing an automatic irrigation
system to existing and/or relocated street trees within public right-of-way
along the project's street frontage.
FIRE PROTECTION
23) The Applicant shall comply with all DSRSD Fire Department requirements
including, but not limited to:
a) All drive aisles less than 20' wide shall be marked as fire lanes and
no parking allowed according to the California Vehicle Code.
b) Building exits shall be illuminated at all times when building is
occupied.
c) All exit doors shall be openable from the inside without the use of a
key or any special knowledge.
d) An automatic fire protection system shall be installed for protection
of commercial cooking equipment from which grease-laden vapors emanate
in normal cooking applications.
e) Occupancy load signs shall be posted in any area where the occupancy
load exceeds 50 people.
f) Fire extinguishers shall be located every 75' of travel distance and
shall be of the correct classification for the hazard.
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g) The building's address shall be posted in a position which is plainly
visible and legible from Regional Street. Said numbers shall contrast
with their background.
h) Exit signs shall be posted to direct persons to the second exit if the
second exit is not clearly evident.
SIGNAGE
24) Signage indicated on plans labeled Exhibit "A" are not a part of this
application. All signage shall be subject to review and approval by the
Planning Director.
LIGHTING
25) The Applicant shall submit photometrics and a lighting plan to the Planning
Department for review and approval prior to the issuance of building
permits.
26) Exterior lighting shall be provided within the site parking lot and
perimeter of the building and shall be of a design and placement so as not
to cause glare onto adjoining properties or onto Regional Street. Lighting
used after daylight hours shall be adequate to provide for security needs
(1 1/2 foot candles). Wall lighting around the entire perimeter of the
building shall be supplied to provide "wash" security lighting. The
Applicant shall provide photometrics and cut sheets subject to the review
and approval of the Planning Director.
LANDSCAPING AND IRRIGATION PLANS
27) A final detailed Landscape and Irrigation Plan (at 1 inch = 20 feet or
larger scale), 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 signed by a licensed
landscape architect. Final landscape plans shall indicate general plant
pallet with common and botanical names and container size and growth rate.
28) The final Landscape Plan shall be generally consistent with Site Plan
Exhibit "A" as modified through Conditions of Approval and with Preliminary
Landscape Plans prepared by Thomas Baak and Associates dated received by
the Planning Department November 25, 1987, and with the Staff Study dated
December 3, 1987.
29) The Final Landscape Plan shall include planting and staking detail. Trees
must be double-staked.
30) Final Landscape and Irrigation Plans shall provide an automatic system for
on-site landscaping and street trees within the public right-of-way along
the project street frontage.
31) The Final Landscape Plan shall provide a minimum of one 15-gallon tree
within each landscape finger located within the parking lot (see Staff
Study dated December 3, 1987).
32) The landscape strip adjacent to the north side of the building shall be
decreased to 2 feet 2 inches to allow for an increase in the adjacent
pedestrian walkway to a minimum 6-foot width.
33) Landscaping shall not obstruct the site distance of motorists, pedestrians
or bicyclists. Except for trees, landscaping at drive aisle or driveway
intersections shall not be higher than 30" above the curb.
MISCELLANEOUS
34) The Applicant shall designate the three (3) parking spaces in the rear
parking lot area (perpendicular to the rear property line) as employee
parking (see Staff Study dated December 3, 1987).
35) All parking spaces shall be double-striped per City standards.
Handicapped, compact and employee parking spaces shall be appropriately
identified on pavement.
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36) The Applicant shall provide appropriate on-site signage designating the
southern driveway as "One Way" "Exit Only" and restrict the driveway to
"Right Turn Only" onto Regional Street.
37) The Applicant shall provide appropriate signage and pavement markings at
the end of the drive-through directing drive-through traffic to "Stop" and
directing parking lot traffic to "Do Not Enter" subject to review and
approval of the Planning Director and City Engineer (see Staff Study).
38) The Applicant shall modify the Site Plan to provide an emergency exit from
the drive-through lane after the menu board and prior to the pick-up window
subject to review and approval of the Planning Director and City Engineer.
Said emergency exit shall provide a minimum 28-foot turning radius for the
outer curb and a minimum 20-foot turning radius for the inner curb. Said
emergency exit shall narrow to a maximum 15-foot width, minimum 12-foot
width adjacent to the rear of the building.
39) The Applicant shall provide appropriate signage and pavement markings
a) along north driveway directing drive-through customers to the drive-
through lane; and b) at the emergency drive-through exit directing
customers to "Do Not Enter" the drive-through lane.
40) The Aplicant shall "red curb" both sides of the emergency exit curb and the
curb along the north driveway aisle to signify these areas as "No Parking"
areas.
41) The Applicant shall provide a concrete apron pad in front of the trash
enclosure with minimum 10-foot by 12-foot dimensions subject to review and
approval of the Dublin Planning Department.
42) The Applicant shall comply with all applicable zoning, building and fire
safety codes.
43) The Applicant shall increase the width of the sidewalk along the north
building frontage to a 6-foot minimum.
44) Prior to issuance of building permits, the Applicant shall submit for
review and approval a final Site Plan (1" — 20') in conformance with the
Conditions of Approval. Said plans shall be fully dimensioned, accurately
drawn, and prepared and signed by a licensed civil engineer, architect or
landscape architect.
45) The Applicant shall secure building permits within six months of the
effective date of this permit or said permit shall be void.
46) The permit shall be revocable for cause in accordance with Section 8-90.3
of the Dublin Zoning Ordinance.
47) With exception of the drive-through service and outdoor seating facility,
all demonstrations, displays, services, and other activities shall be
conducted entirely within the structures on the site. No loudspeakers or
amplified music shall be permitted outside the enclosed structure.
Loudspeakers utilized for the drive-thorugh window services shall observe
noise level which reflects the minimal functional volume.
48) The Applicant shall provide a minimum 1-foot wide wheel stop curb adjacent
to the building along the drive-through lane.
49) The Planning Director shall have the discretion to make minor adjustments
to these conditions as determined necessary to reflect the outcome of the
requirements called for in conditions related to easements specified in
this Resolution and the related Conditional Use Permit Resolution of
Approval (Planning Commission Resolution No. 87 - 077).
50) Prior to occupancy the Applicant/Property Owner shall provide a recorded
cross access easement for vehicular ingress and egress through the project
site parking lot to the adjoining parcel to the west (in the northwest
portion of the project site) identified as APN 941-305-34, the undeveloped
See's Candy parcel, or show to the satisfaction of the Planning Director
that diligence has been pursued to accomplish the condition. If upon the
request for occupancy it is the desire of the Applicant to request
additional time to satisfy this condition, the request shall be taken to
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the Planning Commission as another public hearing item for consideration by
the Commission. The alignment of the cross vehicular connection on the
adjoining property shall be subject to review and approval by the Planning
Director at such time that a Site Development Review application on that
property is submitted for approval. The easement document shall be subject
to review and approval by the City Attorney prior to recordation. Develop-
; ment of vehicular connection on the project site up to the property line
shall be the responsibility of the Applicant and shall be constructed in
conjunction with the other site improvement approved under this application
PA 87-139.
51) Prior to issuance of building permits, the Applicant shall make a monetary
contribution for its proportionate share of Dublin Boulevard/San Ramon Road
improvement costs, based on the project's traffic contribution to the
estimated total buildout traffic for the downtown area. This monetary
contribution shall not exceed $5,000.
PASSED, APPROVED AND ADOPTED this 7th day of December, 1987.
AYES:
NOES: /)
ABSENT:
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