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HomeMy WebLinkAboutPC Reso 86-076 PA 86-113.1 .2 Carl's Junior drive thru window RESOLUTION NO. 86 - 076 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 86-113.1 AND .2 CARL'S JUNIOR DRIVE-THRU WINDOW - CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW REQUESTS WHEREAS, John Waddell, on behalf of Carl Karcher Enterprises filed Conditional Use Permit and Site Development Review applications requesting approval of a proposed modification to the Carl's Junior Restaurant at 7120 Dublin Boulevard to allow the establishment of a drive-thru window; and WHEREAS, the adopted City of Dublin Zoning Ordinance provides, in part, for the establishment of drive-in businesses in C-2, General Commercial Districts as a Conditional Use; and WHEREAS, the Planning Commission did hold public hearings on said applications on December 1, 1986, and December 15, 1986; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declara- tion of Environmental Significance has been adopted (Planning Commission Resolution No. 86-075) for this project, as it will have no significant effect on the environment; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit and Site Development Review applications be condi- tionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds: a) The establishment of a new drive-in business through the modification of an existing layout to create a drive-thru restaurant service window serves the public need by providing for convenient food order and pick- up. b) The uses will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed uses will be compatible to said land uses, and transportation and service facilities in the immediate vicinity. c) The uses will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detri- mental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. d) The uses will not be contrary to the specific intent clauses or per- formance standards established for the district in which they are to be located. e) All provisions of Section 8-95.0 through 8-95.8 Site Development Review, of the Zoning Ordinance are complied with. -1- n f) Consistent with Section 8-95.0, this project will promote orderly, attractive, and harmonious development, recognize environmental limita- tions 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. g) The approval of the project as conditioned is in the best interest of the public health, safety and general welfare. h) General site considerations, including site layout, orientation, and the location of buildings, vehicular access, circulation and parking, set- backs, height, public safety and similar elements have been designed to provide a desirable environment for the development. i) General architectural considerations as modified by the Conditions of Approval, 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. j) General project landscaping 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 to the public. k) The project is consistent with the policies contained in the City's General Plan. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve Conditional Use Permit and Site Development Review applications PA 86-113.1 and .2, as shown by materials labeled Exhibit C of the December 15, 1986, Planning Commission Staff Report, on file with the Dublin Planning Department, subject to the following conditions: CONDITIONS OF APPROVAL: A. Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of building or the establishment of the proposed land use activity and shall be subject to Planning Department review and approval. 1. Development shall generally conform with Plan Alternate #1 prepared by Construction Design, consisting of one sheet dated received by the City Planning Department, October 27, 1986, and the changes called for by these Conditions of Approval. Approval for the Conditional Use Permit shall be until December 12, 1989. The approval period for the Conditional Use Permit may be extended two additional years (Applicant must submit a written request for the extension prior to the expiration date of the Conditional Use Permit) by the Planning Director upon his determination that the Conditions of Approval remain adequate to assure that the above stated Findings will continue to be met. If construction has not commenced by the expiration date of the respective permits, the approvals shall be null and void. Development shall be subject to the Conditions listed below. The approval period for the Site Development Review shall be until December 12, 1989. The approval period for the Site Development Review may be extended one additional year (Applicant must submit a written request for extension prior to the expiration date of the Site Development Review) by the Planning Director upon his determination that the Conditions of Approval remain adequate to assure that the above stated Findings will continue to be met. 2. Comply with the City of Dublin Site Development Review Standard Conditions and the City of Dublin Police Services Standard Commercial Building Security Recommendations. -2- n n ARCHAEOLOGY 3. If, during construction, archaeological remains are encountered, construction 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. ARCHITECTURAL 4. Exterior colors and materials for the building addition shall be subject to final review and approval by the Planning Director and shall be consistent with those of the existing structure. All ducts, meters, air conditioning equipment and other mechanical equipment on the enlarged structures shall be effectively screened from view with materials architecturally compatible with the main structure. The existing T.V. antenna visible above the roof line shall be removed within 15 days of the effective date of this permit. DRAINAGE 5. A site grading drainage plan shall be prepared and shall be submitted for review and approval by the City Engineer. 6. The area outside the building addition shall drain outward at a 2% minimum slope for unpaved areas and a 1% minimum in paved areas (with a maximum gradient of 5%). 7. New roof drains shall empty into approved dissipating devices. Roof water, or other concentrated drainage, shall riot be directed onto adjacent properties, sidewalks or driveways. DEBRIS/DUST/CONSTRUCTION ACTIVITY 8. 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. Developer shall be respon- sible for corrective measures at no expense to the City of Dublin. Areas undergoing grading, and all other construction activities, shall be watered, or other dust-palliative measures used, to prevent dust, as conditions warrant. Provision of temporary construction fencing shall be made subject to review and approval of the City Engineer and the Building Official. FIRE PROTECTION 9. Prior to issuance of building permits, the Developer shall supply written confirmation that the requirements of the Dublin San Ramon Services District Fire Department have been, or will be, met. LANDSCAPING AND IRRIGATION PLANS 10. A detailed Landscape and Irrigation Plan (at 1 inch — 20 feet or larger), 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. 11. The Developer/Owner shall sign and submit a copy of the City of Dublin Landscape Maintenance Agreement. 12. Landscaping installed along the new drive-up window shall be established on a landscape mound rising up against a low masonry wall, and shall include 15-gallon sized trees and clumped plantings of shrubs. This treatment shall be of a design and layout to aid in the partial screening of cars awaiting drive-up window service while not obscuring visibility for cars exiting the drive-up service drive aisle. -3- • 13. Supplemental landscape planting along both the Village Parkway and Dublin Boulevard frontages shall be provided to replace shrubs which have been cut back and to complete ground cover planting. 14. Additional landscaping shall be provided within the parking lot of the adjoining Shopping Center as generally depicted on the Staff Study - Landscape Plan dated November, 1986. LIGHTING 15. Any additional exterior lighting added to the site shall be of a design and placement so as not to cause glare onto adjoining properties or streets. Lighting used after daylight hours shall be minimized to provide for security needs only. Photometrics shall be submitted to the Planning Department for review and approval for any new lighting proposed for use. SIGNAGE 16. Any new project or building signs added to the site shall be subject to review and approval by the Planning Director prior to installation. STORAGE AND EXTERIOR ACTIVITIES 17. With the exception of the new drive-thru window service, all demonstra- tions, displays, services, and other activities associated with the subject land use activity shall be conducted entirely within the structure. No amplified music shall be permitted outside the structure. Loudspeakers utilized for the drive-thru window service shall observe a noise level'which reflects the minimal volume functional. MISCELLANEOUS 18. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way. 19. The materials used for new or modified pedestrian walkways shall be of a uniform design and shall be subject to review and approval of the Planning Director. The pedestrian circulation system developed shall observe Title 24 requirements for handicapped access. 20. The Developer shall be responsible for correction of deficiencies in the existing frontage improvements to the satisfaction of the City Engineer. Additionally, the cracked on-site drainage swale across the Village Parkway driveway shall be repaired. 21. All improvements shall be installed as per the approved landscaping and irrigation plans and the drainage plans prior to the release of occupancy. 22. The precise location and design of the masonry trash enclosure shall be subject to review and approval by the Livermore-Dublin Disposal Service and the Planning Department prior to the issuance of building permits. The location of the proposed new masonry trash enclosure shall be modified to generally conform with the location shown on the Staff Study of November, 1986. 23. Except as specifically altered by the above Conditions of Approval, development shall comply with the conditions established for S-546. 24. The transformer shall be relocated, or vaulted, where it will not be a visual obstruction for motorists. 25. A striping plan shall be prepared by the Applicant and submitted for review and approval by the City Engineer and the Planning Director. 26. A one-way arrow shall be painted on the pavement on the new one-way drive at the entrance from Village Parkway. 27. The existing handicapped parking space shall be modified as necessary to conform with the requirements of Title 24 of the State Building Code. -4- 28. A recent Title Report or Property Profile (no older than three months from the effective date of this permit) shall be submitted to the City as part of the submittal packet for building permit review. 29. The traffic-worn pedestrian pathway through the landscape planting adjoining the intersection of Village Parkway and Dublin Boulevard shall be replanted and a formal pedestrian pathway system through the area shall be established. 30. The exact configuration of the new drive-thru window service, and possible modifications to the adjoining drive aisles within the Shopping Center, shall be as generally detailed on the Applicant's submittal entitled Site Plan - Alternate 1, dated October 27, 1986, and shall be subject to review and approval by the City Engineer and City Traffic Engineer. Possible adjustments to be considered as part of this review include: 1) adjustment and/or narrowing of the Shopping Center's Village Parkway driveway entrance, 2) width and location of exit lane from the drive-thru service and the lane' s orientation to the adjoining drive aisle system, 3) steps necessary to physically preclude right turn movements from the exit lane towards the Shopping Center's Village Parkway driveway. (The "No Left Turn" sign shown on the plan shall be replaced with a "No Right Turn" sign. ) 31. The Applicant shall be responsible for the installation of a "No Left Turn" sign facing the exit driveway onto Dublin Boulevard nearest the Carl's Junior Restaurant. This sign shall be mounted on the right-hand side of the exit driveway. 32. The Applicant shall take peak-hour traffic counts through the proposed drive-thru window service for the first six months of the operation of the service. These counts shall be submitted to the Planning Director at the conclusion of the six months. The uses established under this permit shall be reviewed at the six-month anniversary of the initial operation of the drive-thru window service to determine compliance with the above Conditions and/or to determine what additional requirements may be needed. The Planning Director may refer the matter back to the Planning Commission for disposition. 33. At anytime during the effectiveness of this approval, the approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 15th day of December, 1986. AYES: Commissioners Barnes, Burnham, Mack, Petty and Raley NOES: None ABSENT: None Planning Commission Cha rperson ATTEST: a�4LCCC-1—fr?S P Director -5-