HomeMy WebLinkAboutPC Reso 87-077 PA 87-139 El Pollo Restaurant to construct and operate restaurant w/ a drive -thru, outdoor seating/patio RESOLUTION NO. 87 - 077
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 87-139 EL POLLO ASADO RESTAURANT CONDITIONAL USE PERMIT TO
CONSTRUCT AND OPERATE A RESTAURANT WITH A DRIVE-THROUGH FACILITY
AND OUTDOOR SEATING PATIO AREA 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:
1. The use is required by the public need in that it provides a restaurant
with a drive-through service and an outdoor dining/seating facility
available to serve the general public.
2. The use will be properly related to other land uses and transportation and
service facilities in the vicinity in that the site is located within the
Dublin downtown with major existing shopping centers in the immediate
vicinity, and the activities of the project will be commensurate with the
present use of surrounding properties within the neighborhood.
3. The use, under all the 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 as all applicable regulations will be met.
4. 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 use is consistent with the character of the General Commercial
District and with the Dublin General Plan and Downtown Specific Plan.
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BE IT FURTHER RESOLVED that the Planning Commission does hereby
conditionally approve PA 87-139 Conditional Use Permit as shown by materials
labeled "Exhibit A" on file with the Dublin Planning Department subject to the
approval of the related Site Development Review 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 or establishment of use,
and shall be subject to Planning Department review and approval.
1. This approval is for a restaurant with drive-through service, outdoor
seating and dining, with a patio area, and a menu board/reader board for
the drive-through service.
2. The specific size (height and area) and location of said menu board shall
be subject to review and approval by the Planning Director.
3. Development of the site shall generally conform to the plans prepared by
Arete Architecture, by Hamill and McKinney Architects and Engineers, and by
Thomas Beak 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 Site Development
Review (Planning Commission Resolution No. 87 - 078).
4. 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
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 for that
property is submitted for approval. The easement document shall be subject
to review and approval by the City Attorney prior to recordation.
Development of the 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.
5. 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. Loud-
speakers utilized for the drive-through window service shall observe a
noise level which reflects the minimal functional volume.
6. The Applicant/Property Owner shall provide at least one trash receptacle
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.
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7. This permit shall expire on December 18, 1990, and shall be revocable for
cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance.
The approval period for the Conditional Use Permit may be extended two
additional years (the Applicant must submit a written request for the
extension prior to the expiration date of the Conditional Use Permit) by
the Planning Director upon determination that the Conditions of Approval
remain adequate to assure that the above stated findings will continue to
be met.
PASSED, APPROVED AND ADOPTED this 7th day of December, 1987.
AYES: Commissioners Barnes, Burnham, Mack and Zika
NOES: None
ABSENT: Commissioner Tempel Zailar)a-
ngissiCommission Chairperson
ATTEST:
Pla` to
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