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HomeMy WebLinkAboutPC Reso 08-41 Appv CUP & SDR Buffalo Wild Wings PA08-047RESOLUTION NO. 08-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 08-047 BUFFALO WILD WINGS CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF 425 SQUARE FEET OF OUTDOOR SEATING AND SITE DEVELOPMENT REVIEW FOR MODIFICATIOl\1S TO THE EXISTING PAD B BUILDING AT GRAFTON STATION 3712 DUBLIN BOULEVARD (APN 985-0061-002) PA 08-047 WHEREAS, the Applicant, Hardy Samra, member of Tee It Up, LLC doing business as Buffalo Wild Wings to be located at 3712 Dublin Boulevard has requested approval of a Conditional Use Permit to establish 425 square feet of outdoor seating and Site Development Review for exterior modifications to the existing Pad B building at Grafton Station including the application of window tint and the installation of awnings (the "Project"); and WHEREAS, the Project site is located within the Eastern Dublin Specific Plan Area and Planned Development Zoning District (PA 05-030) a portion of Dublin Ranch Area H and otherwise known as Grafton Station; and WHEREAS, the Planned Development Zoning allows for the establishment of eating and drinking uses as a permitted use and Buffalo Wild Wings is an eating; and drinking use, and conditionally permits the establishment of outdoor seating subject to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the Applicant is requesting the establishment of 425 square feet of outdoor seating as shown and indicated in the Project plans; and WHEREAS, Site Development Review approval was granted by the Planning Commission for Grafton Station, Pads B-E on March 27, 2007 (PA 06-061); and WHEREAS, the Applicant is requesting modifications to the Site Development Review approval for the application of window film and the installation of awnings; and WHEREAS, the conditions of approval for PA 06-061 allows minor modifications to the building to be approved by the Community Development Director if a determination could be made that the modification is minor in nature; and WHEREAS, the Community Development Director has made a determination that the exterior modifications proposed to Pad B are not minor modifications and therefore subject to review and approval by the Planning Commission who was the original decision making body on the Site Development Review approval; and WHEREAS, the City of Dublin Planning Commission ("Planning Commission") held a public hearing on said application on December 9, 2008; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project; and WHEREAS, the staff report was submitted recommending that the application be conditionally approved. NOW, THEREFORE, BE IT RESOLVED that the City oi' Dublin Planning Commission does hereby make the following findings f or said Conditional Use Permit: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that, 1) outdoor seating is customarily associated with restaurant uses and is proposed in conjunction with the establishment of a restaurant use which is a permitted use within the PD, Planned Development Zoning District (PA 05-030); and 2) the outdoor seating and associated restaurant use are surrounded by similar cormercial land uses with convenient access to Dublin Boulevard and Interstate 580. B. It 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 in that, l) outdoor seating will be contained within an enclosed area and will not impede pedestrian circulation around the retail commercial buildings. C. It will not be injurious to property or improvements in the neighborhood in that, 1) outdoor seating will enhance the restaurant use and activate the retail commercial center by providing outdoor dining opportunities. D. There are adequate provisions for public access, water, sanitc,tion 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 in that, 1) outdoor seating will not impede public access to the building and does not in and of itself require additional water, sanitation or public utilities and services that would not otherwise be provided as part of the larger restaurant use. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that, 1) outdoor seating will be limited to a 425 square foot area that will be enclosed with a fence to clearly delineate the boundaries of the outdoor dining area; and 2) the outdoor seating area is proposed within a recessed portion of the building and is protected on two sides by the building itself creating an ideal location fcr outdoor dining without infringing upon other pedestrian areas. F. It will not be contrary to the specific intent clauses, development regulations or performance standards established for the zoning district in which it is located in that, 1) outdoor seating is a conditionally permitted use in the PD, Planned Development Zoning District (PA 05-030) in which it is located; 2) outdoor seating is consistent with surrounding General Commercial land uses and provides an opportunity to create a vibrant pedestrian oriented space; and 3) adequate parking exists to accommodate additional dining space outdoors. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that, 1) restaurant uses including associated outdoor dining is consistent with the General Commercial land use designation in the Dublin General Plan and Eastern D ublin Specific Plan. NOW, THEREFORE, BE IT RESOLVED that the City oi' Dublin Planning Commission does hereby make the following findings f or said Site Development Review: 2 A. The proposal is consistent with the purposes of this Chapter, with the General Plan and with any applicable Specific Plans and design guidelines in that, 1) the exterior modifications proposed (installation of black fabric awnings and application of window film) will compliment the existing commercial building and allow for the establishment of a restaurant use which will enhance property values and promote the general welfare of the community. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that, 1) the exterior modifications are being subject to Site Development Review in accordance with Chapter 8.104 as a fagade modification and are being reviewed by the Planning Commission as required by Section 8.104.070, Concurrent Consideration. C. The design of the project is appropriate to the City, the vicinir?, surrounding properties and the lot in which the project is proposed in that, 1) black fabric ammings currently exist as part of the Grafton Station project on Pad D; and 2) the application of window film has been used appropriately in other locations throughout the City and provides a more attractive option to blinds or shades. D. The subject site is physically suitable for the type and intensity of the approved development in that, 1) the exterior modifications will not alter the site in such a way as to intensify the use but will simply enhance the exterior of an existing building and facilitate the establishment of a restaurant use. E. Impacts to existing slopes and topographic features are addressed in that, 1) the exterior modifications will not require grading or otherwise impact the topography of the site because they are limited to fagade improvements on an existing building that will not be expanded or intensified. F. Architectural considerations including character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the oicinity in that, 1) the installation of black fabric awnings is consistent with similar awnings installed on Pad D within the Grafton Station shopping center; and 2) the application of window film facilitates the establishment of a restaurant use which is harmonious with and compatible to surrounding commercial uses. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that, 1) existing landscaping has been installed and maintained as part of the larger Grafton Station shopping center and will not be impacted by the installation of black fabric awnings or application of window film. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that, 1) the Grafton Station shopping cen:er Site Development Review was approved by the Planning Commission in March 2007 and the proposed project will not alter the circulation of the site. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby approve a Conditional Use Permit for the establishment of 425 square feet of outdoor seating and Site Development Review for exterior modifications to the existing Pad B building at Grafton Station including the application of window tint and the installation of awnings. 3 CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits and/or establishment of the use and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Depairtment of Environmental Health; [Zone 71 Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. When NO. CONDITIONS OF APPROVAL Agency Required, Source Prior to: GENERAL 1. Approval. This Conditional Use Permit and Site PL On-going Planning Development Review approval for PA 08-047, Buffalo Wild Wings conditionally permits the establishment of a 425 square foot outdoor dining patio and exterior modifications to the Pad B building at Grafton Station including the addition of window awnings and window film. The Site Development Review approval also includes outdoor patio furniture and an outdoor patio enclosure. This approval shall generally conform to the project plans prepared and submitted by CMA Architecture, Planning and Interior Design dated received by Dublin Planning on October 27, 2008 stamped approved and on file in the Community Development Department, Planning Division and other plans, text, and diagrams relating to this approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Construction or use shall PL One year DMC commence within one (1) year of the Conditional Use from Permit 8.96.020.D Permit/Site Development Review approval or the Approval permit(s) 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. 3. Time Extension. The original approving decision- PL One year DMC maker may grant a time extension of permit approval from Permit 8.96.020.E for a period not to exceed six (6) months provided Approval that, 1) the Applicant submits a written request for an extension prior to expiration of the permit approval, and 2) a determination can be made that all 4 Conditions of Approval remain adequate to assure that the applicable findings of approval will continue to be met. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required b the articular permit. 4. Revocation. The Conditional Use Permit/Site PL On-going DMC Development Review approval shall be revocable for 8.96.020.1 cause in accordance with Section 8.96.020.1, Revocation of the Dublin Zoning Ordinance. Any violation of the terms and conditions of this approval may be subject to the issuance of a citation. 5. Property Maintenance. The Applicant and/or PL During Planning Business Owner/Operator shall be responsible for Construction, maintaining the site in a clean and litter free Through condition during construction and through Completion completion. The Applicant and/or Business and On-going Owner/Operator shall also be responsible for maintaining the site in a clean and litter free condition at all times following completion of construction. 6. Controlling Activities. The Applicant and/or PL During Planning Business Owner/Operator shall control all activities Construction, on the project site so as not to create a nuisance to Through existing or surrounding businesses or residences Completion during construction and through completion. The and On-going Applicant and/or Business Owner/Operator shall control all activities on the project site so as not to create a nuisance to existing or surrounding businesses and residences at all times following completion of construction. 7. Amplified Noise/Music. Amplified noise or music PL On-going Planning shall be allowed to project from the building so long as it is maintained at a level which does not cause a disturbance or generate a complaint from adjacent uses. If complaints regarding noise are made, the Owner/Operator of the restaurant shall minimize or eliminate the source of the noise as directed by, and to the satisfaction of, the Community Development Director. 8. Accessory/Temporary Structures and Uses. A PL Placement Planning Temporary Use Permit is required for all construction On-site trailers, security trailers and storage containers used during construction. 9. Temporary Signage. All temporary signage shall be PL On-going DMC subject to the regulations of Chapter 8.84, Sign 8.84 Re ulations of the Dublin Zoning Ordinance. 10. Prohibited Signage. The use of any A-Frame, PL On-going DMC portable or sandwich board signs on-site or within the 8.84 public ri ht-of-way is prohibited. PLANN ING - CONDITIONAL USE PERMIT _ 11. Annual Review. On an annual basis, the Conditional PL On-going Planning Use Permit approval may be subject to review by the Community Development: Director to determine compliance with the Conditions of Approval. 12. Outdoor Dining. All outdoor patio furniture (tables PL On-going Planning and chairs) shall remain within the designated 425 square foot outdoor patio enclosure at all times. An increase in the square footage of the outdoor dining patio shall require an amendment to this Conditional Use Permit approval in accordance with the Zoning Ordinance. 13. Modifications to the Conditional Use Permit. Any PL On-going DMC modifications to the use or Conditions of Approval 8.100.080 shall be subject to review and approval by decision making body that ultimately approves the Project. Minor amendments may be considered by the Community Development Director in accordance with the Zoning Ordinance. 14. Maintenance of Furniture and Enclosure. The PL On-going Planning outdoor patio furniture and an outdoor patio enclosure shall be maintained in good condition at all times. 15. Null and Void. The Conditional Use Permit PL On-going Planning approval shall become null and void in the event that the approved use(s) ceases to operate for a continuous one-year period, after the use commences. PLANN ING - SITE DEVELOPMENT REVIEW 16. Permit Validity. The Site Development Review PL On-going DMC approval shall be valid for the remaining life of the 8.96.020.17 approved structure so long as the operators of the subject property comply with the project's conditions of approval. 17. Fabric Awnings. The fabric awnings shall be PL On-going Planning maintained in good condition at all times. Awnings shall be cleaned regularly and replaced if faded, torn or otherwise damaged. 18. Window Film. The window film shall be maintained PL On-going Planning in good condition at all times. Should the film crack, peel or become discolored it shall be replaced with comparable film material. BUILDI NG 19. Building Codes and Ordinances. All project 13 Issuance of Building construction shall conform to all building codes and building ordinances in effect at the time of building permit. permits Egress from the building shall be maintained through the outdoor seating area and shall be in compliance with the applicable California Codes. 20. Building Permits. To apply for building permits, 13 Issuance of Building Applicant/Developer shall submit five (5) sets of building construction plans to the Building Division for plan permits check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will be or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 21. Construction Drawings. Construction plans shall be 13 Issuance of Building fully dimensioned (including building elevations), building accurately drawn (depicting all existing and proposed permits conditions on-site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect of Engineer. The site plan, landscape plan and details shall be consistent with each other. 22. Addressing. Addresses will be required on all doors 13 Occupancy Building leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5-inches minimum in height. FIRE 23. The project shall comply with all applicable Building F Issuance of Fire and Fire Codes. building permits PASSED, APPROVED AND ADOPTED this 9th day of December 2008 by the following vote: AYES: Schaub, Wehrenberg, Biddle, King NOES: ABSENT: ABSTAIN: /,v ?? /Z Planning Commission Chair ATTEST: - ( ];: Z_ - Communi Development Director G: IPAM200MPA 08-047 Buffalo Wild Wings CUP_SLOBWW PC Reso 12-09-08.doe