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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 2 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 3 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 4 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. 5 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 6 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 7 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 8 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 9