HomeMy WebLinkAboutPC Reso 87-057 PA 87-102 Bagel King's request to continue outside eating area RESOLUTION NO. 87 - 057
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 87-102 BAGEL KING'S REQUEST FOR A CONDITIONAL USE PERMIT
TO ALLOW THE CONTINUANCE OF AN OUTSIDE EATING AREA IN FRONT OF THEIR STORE AT
7168 REGIONAL STREET, DUBLIN, CALIFORNIA
WHEREAS, the Applicant, Nathan Litvin, Owner of Bagel King, filed a
Conditional Use Permit application to allow the continued operation of an
outside eating area in front of the Bagel King Shop (4 tables, 8 chairs),
7168 Regional Street; 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, 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 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 August 17,
1987, to consider all reports, recommendations, and testimony;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find:
a) The use is required by the public need in that there are no outside eating
areas in the immediate vicinity.
b) The use will be properly related to other land uses and transportation and
service facilities in the vicinity as daytime activities will be commensurate
with the present use of 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 materially detrimental to
the public welfare or injurious to property or improvements in the neighbor-
hood, as 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, as an
outside eating area is consistent with the character of the Commercial
District.
BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby
conditionally approve PA 87-102 as shown by materials labeled "Exhibit A" in
the Planning Commission Staff Report dated August 17, 1987, 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 Bagel
King. There shall be no more than four tables and eight chairs located on
the site at any one time. Individual tables shall be used and, along with
the chairs and trash receptacle, shall be limited to within two feet of
the store front. The tables and chairs shall be placed directly next to
the building in front of this tenant space.
2. The tables and chairs shall be removed from the sidewalk prior to the
close of each business day.
3. The tables and chairs shall be arranged so as not to block access to the
store or impede normal pedestrian traffic on the sidewalk.
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4. A trash receptacle shall be located in front of the store; the location
and design of the receptacle shall be located where originally approved by
the Planning Department.
5. The sidewalk and parking area shall be kept clean of all debris resulting
from the outside eating area.
6. The Applicant shall comply with the Dublin Sign Ordinance, including but
not limited to the prohibition of the use of sandwich board type and A-
frame signs.
7. This approval shall remain in effect until August 17, 1990, and shall be
revocable for cause in accordance with Section 8-94.7 of the Dublin Zoning
Ordinance.
PASSED, APPROVED AND ADOPTED this 17th day of August, 1987.
AYES: Commissioners Barnes, Burnham, Mack and Raley
NOES: None
ABSENT: None
Panning Commission airpe
ATTEST:
Plann ector
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