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HomeMy WebLinkAboutPC Reso 84-035 PA 84-037 Bagel King's allow outside eating area in front of store RESOLUTION NO. 84-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 84-037, BAGEL KING'S REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN OUTSIDE EATING AREA IN FRONT OF THEIR STORE AT 7168 REGIONAL STREET, DUBLIN, CALIFORNIA WHEREAS, Nathan Litvin, owner of Bagel King, filed a Conditional Use Permit application to allow an outside eating area in front of the Bagel King Shop 7168 Regional Street; and WHEREAS, the Planning Commission did hold a public hearing on said application on July 16, 1984; and WHEREAS, proper notice of said public hearing 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 has been found to be categorically exempt; and WHEREAS, a Staff Report was submitted recommending the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: a) The use is required by the public need for an outside eating area; b) The use will be properly related to other land uses and transportation and service facilities in the vicinity as daytime activites will be commensurate with present use of properties in the neighborhood; c) The use, if permitted, 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; 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 said application subject to the following conditions: 1) 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. DP 83-20 � n 2) The tables and chairs shall be located adjacent to Bagel King Shop only and shall be arranged so as not to block access to the store or impede normal pedestrian traffic on the sidewalk. 3) A trash receptacle shall be located in front of the store; the location and design of the receptacle shall be approved by the Planning Department prior to installation. 4) The sidewalk and parking area shall be kept clean of all debris resulting from the outside eating area. 5) This approval shall remain in effect until July 16, 1987 and shall be revocable for cause in accordance with Section 8-94.7 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 16th day of July, 1984. AYES: Commissioners Barnes, Mack, Petty & Raley NOES: Cm. Alexander ABSENT: None (v� w/p n�-�-v�n r�1lA Plan ng Commission Chairman AT EST: Planning Direct DP 83-20