HomeMy WebLinkAboutPC Reso07-35 Chipotle Mexican Grill CUP PA07-023
RESOLUTION NO. 07 - 35
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR SEATING AREA
IN A PD (PLANNED DEVELOPMENT) ZONING DISTRICT LOCATED AT
7000 AMADOR PLAZA ROAn
(APN 941-0305-040)
PA 07-023
WHEREAS, the Applicant, Elizabeth Valerio architect for Chipotle Mexican Grill, has requested
a Conditional Use Permit (CUP) to establish an outdoor seating area at 7000 Amador Plaza Road, APN
941-0305-040 in the PD (Planned Development) Zoning District; and
WHEREAS, Chipotle Mexican Grill, a fast food/casual restaurant, intends to occupy a 1,982
square foot space within a 17,500 square foot commercial building currently under construction (the
"Development"); and
WHEREAS, Chipotle proposes to establish an approximately 200 square foot outdoor seating
area outside the Development; and
WHEREAS, the project site is zoned Planned Development with a General Plan Land Use
Designation of Retail/Office and is located within the Downtown COle Specific Plan; and
WHEREAS, on June 6, 2006 City Council adopted ResolLtion 93-06 approving a Site Design
Review permit to allow construction of the Development; and
WHEREAS, on June 13, 2006 City Council adopted Ordinance 08-06 approving a Planned
Development Rezone with Stage 2 Development Plan for the Development; and
WHEREAS, on April 20, 2007, the Applicant submitted pDject plans and a written description
for the Conditional Use Permit to the Planning Division; and
WHEREAS, the application has been reviewed in accordance with the provIsions of the
California Environmental Quality Act (CEQA) and this project was'ound to be exempt under the CEQA
Guidelines Section 15301 as it is a comparable use which requires no alteration; and
WHEREAS, the Planning Commission held a public hearing on said application on July 24,2007;
and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consid,~r all said reports, recomm<:ndations
and testimony herein above set forth and used its independent judgment to make a decision; and
WHEREAS, the Planning Commission has found that the p'oposed project is appropriate for the
subject site.
NOW, THEREFORE, BE IT RESOLVED that the Dublil Planning Commission does hereby
find that:
A. The proposed outdoor seating area associated with ,_ restaurant is compatible with other
land uses, transportation and service facilities in the vicinity because: 1) the proposed
outdoor seating will be located in a shopping center containing a variety of retail and
restaurant uses with similar hours of operation; 2) it is anticipated that other restaurants
located within the Development will seek to est,blish outdoor seating areas; 3) as
conditioned, the tables and chairs in the seating area will be located at least two feet from
the drive aisle curb to ensure the patrons' safety; 4) as conditioned, the umbrellas will be
anchored to the sidewalk and will not hang over the drive aisle; and 5) Chipotle will be
required to ensure that there is sidewalk access ,end maneuverability throughout the
Development at all times in accordance with ADA accessibility requirements.
B. The proposed outdoor seating will not adversely affect the health or safety of persons
residing or working in the vicinity or be detrimental to the public health safety and welfare
because: 1) the proposed outdoor seating area will cl)mply with all City of Dublin, State
and Federal regulations; 2) the outdoor seating area will be located in a commercial area
with compatible uses; and 3) as conditioned, regula:ions will be employed to minimize
potential dangers to outdoor seating users; 4) as conditioned, the tables and chairs in the
seating area will be located at least two feet from the drive aisle curb; 5) as conditioned, the
umbrellas will be anchored to the sidewalk and will lot hang over the drive aisle; and 6)
Chipotle will be required to ensure that there is sidewalk access and maneuverability
throughout the Development at all times in accordance with ADA accessibility
requirements.
C. The proposed outdoor seating area will not be injuriOls to property or improvements in the
neighborhood because: 1) the outdoor seating area will comply with all City of Dublin
regulations; 2) the outdoor seating area will be locatfd adjacent to a commercial building
and no exterior modifications are proposed to be made to such building; and 3) the
proposed outdoor seating area is an appropriate use in the Planned Development Zoning
District and will be compatible with other uses within the building.
D. There are adequate provisions for public access, watn, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to
the public health, safety and welfare because: 1) the Development and property are
designed to accommodate a variety of uses and the p"oposed use fits in with the intended
uses of the Development; and 2) the proposed seating area will be located in a shopping
center and adjacent to other commercial buildings.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed because: 1) the outdoor seating area will be located in a
commercial facility developed to support a variety of retail and restaurant uses; 2) the
proposed outdoor seating area is small, 200 square fe~t in size, and is located in a portion
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of the Development that will not dominate the Development or the property and will not
change the overall density or design of the site; and 3) as conditioned, the Applicant will be
required to exercise adequate property maintenance.
F. It will not be contrary to the specific intent clauses, development regulations or
performance standards established for the zoning distict in which it is located because: 1)
the proposed use is a Conditional Use in the PD (Plcnned Development) Zoning District;
2) pursuant to Section 8.76.080.D outlines the parking requirements for "Outdoor Seating"
and as required by Chapter 8.76, Off-Street Parking and Loading Regulations, the total
number of required parking stalls for the proposed outdoor seating area is 2 parking stalls
based on the requirement that the facility have one stall for every 100 square feet of floor
area and the shopping center has a surplus of 201 parking stalls; 3) the proposed outdoor
seating area is compatible with the proposed commercial uses that will be located in the
completed Development and therefore meets the requirements of the Dublin Zoning
Ordinance; and 4) the proposed use is consistent with the intent of the Development Plan
adopted by City Council on June 13, 2006 and is small in size, meets the needs ofresidents
in the City and is compatible with the surrounding land uses.
G. It is consistent with the Dublin General Plan and Downtown Core Specific Plan because: 1)
the proposed use is permitted with a Conditional USI~ Permit and meets the intentions of
the Planned Development in which it is located; and ~:) as conditioned, the outdoor seating
area will operate in such a manner as to limit impacts on the surrounding businesses.
BE IT FURTHER RESOLVED that the Dublin Planning Commis~ion does hereby approve PA 07-023,
Conditional Use Permit, to allow an outdoor seating area in the PD (Planned Development) Zoning
District subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be corrplied with prior to the issuance of
building permits or establishment of use, and shall be subject to:eview and approval by the City of
Dublin. The following codes represent those departments/agencies responsible for monitoring compliance
of the conditions of approval: [PL.] Planning, [B] Building, [PO:: Police, [DSR] Dublin San Ramon
Services District and [F] Alameda County Fire Department.
NO CONDITION TEXT I RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART.
PLANNING CONDITIONS
1. Approval. This Conditional Use Permit Pi On-going Standard
approval for PA 07-023 is to allow Chipotle to
establish outdoor dining at 7590 Amador Plaza
Road. This approval shall generally conform to
the project plans and statements stamped
approved, consisting of a site plan/floor plan
(stamped received by the Planning Department
lJ~ June 13,2007).
2. Perm;t Expiration. Construction or use shall PL One year DMC
3
NO CONDITION TEXT
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commence within one (1) year of Permit
approval or the Permit shall lapse and become
null and void. Commencement of construction
or use means the actual construction or use
pursuant to the Permit approval or demonstrating
substantial progress toward commencing such
construction or use. If there is a dispute as to
whether the Permit has expired, the City may
hold a noticed public hearing to determine the
matter. Such a determination may be processed
concurrently with revocation proceedings in
appropriate circumstances. If a Permit expires, a
new application must be made and processed
according to the reauirements of this Ordinance.
Time Extension. The original approvlllg
decision-maker may, upon the Applicant's
written request for an extension of approval prior
to expiration, and upon the determination that
any Conditions of Approval remain adequate to
assure that applicable findings of approval will
continue to be met, grant a time extension of
approval for a period not to exceed six (6)
months. All time extension requests shall be
noticed and a public hearing or public meeting
shall be held as required by the particular Permit.
Effective Date. This Conditional Use Permit
approval shall become effective 10 days after the
date of approval by the Plamling Commission.
Fees. Applicant/Developer shall pay all
applicable fees in effect at the time of building
permit issuance, including, but not limited to,
Planning fees, Building fees, Traffic Impact
Fees, TVTC fees, Dublin San Ramon Services
District fees, Public Facilities fees, Dublin
Unified School District School Impact fees, Fire
Facilities Impact fees, Alallleda County Flood
and Water Conservation District (Zone 7)
Drainage and Water Connection fees; or any
other fee that may be adopted and annlicable.
Annual Review. On an annual basis, this
Conditional Use Permit approval may be subject
to a reView by the Planning Manager to
determine compliance with the Conditions of
Approval.
Revocation of Permit. This permit shall be
revocable for cause in accordance with Dublin
Zoning Ordinance Section 8.96.020.1,
Revocation. Any violation of the terms and
conditions of this permit may be subject to the
issuance of a citation.
Minor amendments. Modifications or changes
to this Conditional Use Permit approval may be
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4.
5.
6.
7.
i 8.
RES:flON.
AGE~CY/
DEPART.
PI.
PI.
PL,PO
Pi
Pi
WHEN SOURCE
REQUIRED
from permit
approval
One year
from permit
approval
10 days from
the date of
approval
On-going
On-going
On-going
8.96.020
.D
DMC
8.96.020
.E
Planning
Planning
DMC
8.96.020
.I
DMC
8.100.08
NO
CONDITION TEXT
9.
considered and approved by the Community
Development Director, if the modifications or
changes proposed comply with Section
8.100.080, of the Zoning Ordinance.
Clarification to the Conditions of Approval.
In the event that there needs to be clarification to
the Conditions of Approval, the Director of
Community Development and the City Engineer
have the authority to clarify the intent of these
Conditions of Approval to the Developer without
going to a public hearing. The Director of
Community Development and the City Engineer
also have the authority to make mlllor
modifications to these conditions without going
to a public hearing in order for the Developer to
fulfill needed improvements or mitigations
resulting from impacts to this project.
Non-City Agency Review. The Developer will
be responsible for submittals and reviews to
obtain the approvals of all participating non-City
agencies. The Alameda County Fire Department
and the Dublin San Ramon Services District
shall approve and sign the Inlprovement Plans.
Requirements and Standard Conditions. The
Applicant! Developer shall comply with
applicable City of Dublin Fire Prevention
Bureau, Dublin Public Works Department,
Dublin Building Department, Dublin Police
Services, Alameda County Flood Control
District Zone 7, Livermore Amador Valley
Transit Authority, Alameda County Public and
Environmental Health, Dublin San Ramon
Services District and the California Department
of Health Services requirements and standard
conditions. Prior to issuance of building permits
or the installation of any improvements related to
this project, the Developer shall supply written
statements from each such agency or department
to the Planning Department, indicating that all
applicable conditions required have been or will
be met.
Required Permits. Developer shall obtain all
permits required by other agencies including, but
not limited to Alameda County Flood Control
and Water Conservation District Zone 7,
California Department of Fish and Game, Army
Corps of Engineers, Regional Water Quality
Control Board, Caltrans and provide copies of
the permits to the Public Works Department.
Temporary Signage. All temp0rary signage
10.
11.
12.
13.
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RESJi>ON.
AGE~CY/
DEPART.
Various
PW
Various
Vari(lus
Pi
WHEN
REQUIRED
On-going
Issuance of
Building
Permits
Building
Permit
Issuance
Building
Permit
Issuance
On-going
SOURCE
o
Standard
Public
Works
Standard
Standard
Chapter
'-
NO CONDITION TEXT
shall comply with City of Dublin Regulations.
No banners or other signage shall be installed,
for permanent or temporary purposes, prior to
obtaining approval from the Planning Division.
14. Compliance. Failure to comply with these
conditions may result in enforcement by the
Community Development Department in
accordance with Chapter 8.144 of the Dublin
Zoning Ordinance.
15. Trash and Waste Accumulation. The applicant
or any future owner shall provide and conduct
regular maintenance of the site in order to
eliminate and control the accumulation of trash,
excess/waste materials and debris.
16. Addressing. Address will be required on all
doors leading to the exterior of the building.
Addresses shall be illuminated and be able to be
seen from the street, 5 inches III height
mlllImum.
17. Indemnification. The Developer shall defend,
indemnify, and hold harmless the City of Dublin
and its agents, officers, and employees from any
claim, action, or proceeding against the City of
Dublin or its agents, officers, or employees to
attack, set aside, void, or annul an approval of
the City of Dublin or its advisory agency, appeal
board, Planning Commission, City Council,
Community Development Director, Zoning
Administrator, or any other department,
committee, or agency of the City related to this
project to the extent such actions are brought
within the time period required by Government
Code Section 66499.37 or other applicable law;
provided, however, that The Developer's duty to
so defend, indemnify, and hold harmless shall be
subject to the City's promptly notifying The
Developer of any said claim, action, or
proceeding and the City's full cooperation in the
defense of such actions or proceedings.
18. Umbrellas. Umbrellas shall be located between
tables rather than behind chairs in order to
provide a greater path of travel from the drive
aisle to the sidewalk.
19. Furniture. Applicant shall coordinate outdoor
dining furniture and umbrellas with other
outdoor users. Outdoor dining furniture shall be
consistent throughout the development.
20. Site Maintenance. Tables, chairs and umbrellas
shall be cleaned regularly. Umbrellas shall be
replaced when torn, faC:;::d or upon notification of
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RESPON.
AGE~CY/
DEPART.
PI.
Pi
BL
Various
P
P
P
WHEN
REQUIRED
On-going
On-going
Prior to
occupancy
On-going
On-going
On-going
On-going
SOURCE
8.84 of
the
Dublin
Zoning
Ordinan
ce
Chapter
8.144 of
the
Dublin
Zoning
Ordinan
ce
Planning
Building
Adminis
trationlC
ity
Attorney
Planning
Planning
Planning
NO CONDITION TEXT RESJf>ON. WHEN SOURCE
AGE~CY/ REQUIRED
DEPART.
the Community Development Department. I
BUILDING CONDITIONS
21. Access. Ingress, egress, and disabled access BL On-going Building
shall be maintained at all times. Minimum
walkway shall be no less than 48 inches with a
60 inch turning circle provided in front of
door(s) or other items as required under the CA
Building Code.
FIRE CONDITIONS
22. Fire Extinguisher. A Class K fire extinguisher F Prior to Fire
shall be provided in the kitchen. An approved occupancy
sign in accordance with the Uniform Fire Code
shall be conspicuously posted above the
extinguisher. CFC 1005.2.7.
23. Aisle Clearance. A minimum of 44 inch aisle F On-going Fire
clearance shall be provided when there are tables
on both sides of the aisles for exiting as required
by CBC 1004.3.2.2.
24. Sprinkler System. The sprinkler system shall F Prior to Fire
be modified as necessary to provide protection occupancy
for the tenant improvement. Detailed shop
drawings shall be submitted to the Fire
Department for approval and permit prior to
installation. A separate permit fee is required.
NFP A 13
25. UL 300 Fire Extinguishing System. The F Prior to Fire
commercial cooking equipment shall be occupancy
protected by an approved UL 300 fire
extinguishing system. The hood alarm shall be
connected to the sprinkler monitoring system.
Plans for the required hood and duct
extinguishing system must be submitted to the
Fire Department for review ,md approval prior to
installation. A As separate plan review fee will
be collected upon review of these plans. CFC
1005.2
26. Sprinkler Monitoring System. If not already F Prior to Fire
installed, provide a horn in the space in a occupancy
normally attended location tied to the sprinkler
monitoring system. The kitchen hood shall be
monitored by the sprinkler monitoring system.
Submit detailed shop drawings for modification
s to the fire alarm system to the Fire Department
for approval and permitting prior to installation.
A separate permit fee is required. CMC, NFP A
72
27. HV AC Systems. The HV AC systems are shown F Prior to Fire
with smoke detectors arranged to shut down the occupancy
units in accordance with section 609 of the
UMC. These duct smoke detectors shall be
monitored as a supervisory signal by the central
station fire alarm panel. Submit detailed shop
drawings for modifications to the fire alarm
system to the fire Department for approval and
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NO CONDITION TEXT RESPON. WHEN SOURCE
AGE'lCY/ REQUIRED
DEPART.
permlttlllg prior to installation. A separate
permit fee is required. CMC NFP A 72
28. Combustibles. All combustible decorations F Prior to Fire
shall be fire retardant treated. Title 19 occupancy
29. Knox Box. Provide a Knox box at the main Prior to
entrance to the space. The Knox box shall occupancy
contain a key that provides access to the tenant
space. The Knox boxes can be ordered at:
http://knoxbox.com. Choose "Alameda County
FD/for the City of Dublin -- 100 Civic Plaza -
Dublin, CA 94568" when ordering. The most
commonly used box is the Knox Box 3200
Series. Other types of boxes such as recessed
boxes are also available on line. Order forms for
the Knox boxes are also available at the fire
prevention office at the address above. It takes
two to three weeks to receive the box after
ordering. Rush orders can be requested at a
higher fee. The key for the building or gate will
be placed in the box during the Fire Department
inspection. CFC 902.4
30. Addressing. Approved address numbers shall Prior to
be placed on the space in such a position as to be occupancy
plainly visible and legible from the street or road
fr?n~ing the property. Said numbers shall be a
ffilllImum of five inches on commercial
buildings and three inches on residential
buildings. The numbers shall be placed on a
contrasting background. Provide a five inch high
address on the rear door. It shall also have the
tenant's name. Label the sprinkler riser door,
electrical room door and fire alarm control panel
access doors or locations as applicable.
31. Fire Extinguishers. Provide 2AIOBC fire Prior to
extinguishers, in locations approved by the Fire occupancy
Department, in the space. An approved sign in
accordance with the Uniform Fire Code shall be
conspicuously posted above the extinguisher.
CFC 1002
POLICE CONDITIONS
32. Umbrellas Overhang. The umbrellas shall not P On-going Police
overhang the parking lot at .my point; they must
be completely contained to the sidewalk area.
33. Umbrella Anchoring. Due to windy conditions P On-going Police
the umbrellas shall be securely anchored to the
ground.
34. Seating and Tables. All seating and tables shall P On-going Police
maintain a two foot minimum clearance from the
drive aisle curb.
35. ABC License. If Chipotle obtains a license to P On-going Police
serve alcohol in the outdoor dining area; fencing
shall be installed III accordance with ABC
requirements.
36. Non-Residential Security Requirements. The P On-going Police
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NO CONDITION TEXT RESPON. WHEN SOURCE
AGE~CY/ REQUIRED
DEPART.
applicant/or property owner shall comply with
all applicable City of Dublin Non-Residential
Security requirements.
37. Exit Doors. Employee exit doors shall be P On-going Police
equipped with 180 degree viewers if there is not
a burglary resistant window panel in the door
from which to scan the exterior.
38. Emergency Response Card. Tenants shall P Prior to Police
complete a "Business Site Emergency Response occupancy
Card" and deliver it to the Police Department
prior to occupancy.
PASSED, APPROVED AND ADOPTED this 24th day of July 200'7 by the following vote:
Chair Schaub, Vice Chair Wehrenberg,
Commissioners Biddle, King, Tomlinson
AYES:
NOES: None
ABSENT: None
ABSTAIN: None
t1/ @~
Planning Commi ssion Chair
ATTEST:
may
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