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Home My WebLink AboutPC Reso 98-28 PA98-037 Pasta Primavera CUP Outdoor dining RESOLUTION NO. 98 - 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 98-037 PASTA PRIMAVERA CAFE CONDITIONAL USE PERMIT REQUEST TO ALLOW AN OUTDOOR SEATING AREA TO THE SIDE AND REAR OF AN EXISTING RESTAURANT, 7222 REGIONAL STREET, ALMOND PLAZA WHEREAS, the Applicant, Pasta Primavera Cafe has requested approval of a Conditional Use Permit for an outdoor seating area addition to the side and rear of an existing restaurant at 7222 Regional Street, Almond Plaza, in a C-1 Retail Commercial Zoning District; and WHEREAS, the Califomia Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been found to be Categorically Exempt from CEQA under Section 15061 (B) (3). It can be seen with certainty that there is no possibility that the project may have an impact on the environment because the site is an improved commercial site and because the traffic impacts generated by the project have been mitigated by the voluntary payment of funds in the amount of $3,318 by the Applicant for street improvements; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on July 14, 1998; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does find that: mo The proposed operation of an outdoor seating area at an existing restaurant is compatible with other land uses, transportation and service facilities in the vicinity because the use is located within an existing retail commercial center between the San Ramon transportation corridor and Regional Street adjacent to the intersection of Amador Valley Boulevard. Primary access to the site is from Regional Street with secondary 'entrance only' access from San Ramon Road. Adequate on-site circulation and parking is available. EXHIBIT C Bo The use 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 all City and Alameda County regulations and conditions will be met. Co The use will not be injurious to property or improvements in the neighborhood because the location of the outdoor seating will not impede pedestrian access and circulation within Almond Plaza and the Applicant has agreed to mitigate off-site traffic and circulation impacts by the voluntary payment of $3,318 for street improvements. Do There are adequate provisions for public access, water, 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. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. Fo The outdoor seating area is not contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because the project is consistent with the C-1 Retail Commercial Zoning District, which encourages retail commercial uses adjacent to major transportation corridors. G. The use is consistent with the Dublin General Plan and the Downtown Dublin Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 98-037 Pasta Primavera Cafe Conditional Use Permit request to allow a 774 square foot outdoor seating area addition to an existing restaurant at 7222 Regional Street, Almond Plaza, as generally depicted by the staff report and the site plan, labeled Exhibit A, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department 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, IF] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. GENERAL PROVISIONS Approval. PA 98-037 Pasta Primavera Cafe Conditional Use Permit is approved for a 774 square foot outdoor seating area addition to an existing restaurant, at 7222 Regional Street. This approval shall generally conform to the project plans stamped approved, labeled Exhibit B, consisting of a one (1) sheet prepared by the Applicant dated received by the Planning Department on June 4, 1998. [PL] 2 o Arbor and Associated Landscaping. This approval does not permit any modification or changes to the existing arbor, trailing plant or associated three foot landscape planter adjacent to the western building wall. Any modification to these items may be considered and will require prior review and approval from the Community Development Department. [PL] Parking. The Property Owner/Applicant shall submit a restriping plan for the review and approval of the Community Development Director prior to the commencement of use and/or the issuance of a building permit. [PL, PW] OUTDOOR SEATING DESIGN AND OPERATION: o o 10. Location of outdoor seating. The location of the outdoor seating areas shall be as shown on Exhibits A and B. The tables and chairs shall be placed so as not to encroach within the ten (10) foot access- way between the service driveway and Almond Plaza or impede normal pedestrian traffic on the sidewalk. [PL] Pavement. The Applicant shall install different pavement material or pavement markings to distinguish between the outdoor seating area and the ten (10) foot access-way. Access. The Applicant shall be responsible for ensuring that the access-way remain open and unobstructed at all times and that normal pedestrian traffic on the sidewalk shall not be impeded. [PL, B] Wrought iron dividers. The wrought iron dividers shall be installed no closer than than six (6) feet to the edge of curb and shall maintain a distance of four (4) feet between dividers in accordance with current Building Code and ADA requirements. [B, PL] Hours of operation. Hours of operation for the outdoor seating areas shall be from 11:30 a.m. to 9:30 p.m. Sunday through Saturday. [PL, PO] Noise/Nuisances. The Applicant shall control all activities on the site so as not to create a nuisance to the existing or surrounding businesses. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. [PL, PO] Maintenance. The Applicant shall provide one trash receptacle within the outdoor seating areas and shall be responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. The Applicant shall be responsible for cleaning up and disposing of the restaurant generated trash and litter on-site and off-site within the neighborhood. [PL] POLICE SECURITY 11. City of Dublin Non-Residential Security Requirements. All security hardware for the use must comply with the City of Dublin Non-Residential Security Requirements (see Exhibit G). Security hardware must be provided for all doors, windows, roof, vents, and skylights and any other areas per Dublin Police Services recommendations and requirements. [PO, BI 3 12. 13. 14. FIRE Robbery, burglary, theft prevention and security program. The Applicant shall work with Dublin Police Services on an ongoing basis to establish an effective robbery, burglary, theft prevention and security program for thc business. [PO] Outdoor seating security. The Applicant shall move the tables and chairs to a secure indoor location when the outdoor seating area closes at 9:30 p.m. each day. [PL, PO] Visibility of premises. The tables, chairs and any umbrellas shall be arranged so as not to restrict police patrol visibility into the premises. [PL] PROTECTION 15. 16. 17. 18. 19. Regulations and requirements. The Applicant shall comply with Alameda County Department of Environmental Health and Alameda County Fire Department regulations and requirements at all times. [CO, FI Sprinkler system. The Applicant shall provide documentation to Alameda County Fire Department that indicate that the existing sprinkler system has a current 5-year certification. [FI Portable fire extinguishers. Portable fire extinguishers shall be installed throughout the facility in accordance with the Uniform Fire Code, and/or State Fire Code. IF] Exit Signs. The Applicant shall verify that the location and operation of exit signs are in accordance with the Uniform Fire Code, Uniform Building Code and/or State Fire Code. IF, B] Fire Extinguishers. The Applicant shall verify that the fire extinguishers, hood and duct system are currently certified for service. [F] MISCELLANEOUS 20. 21. 22. 23. 24. Regulations and requirements. All necessary permits shall be obtained from the Dublin Building Department and Alameda County Fire Department. IF, BI Signs. Any signage on site shall be subject to the City's Sign Ordinance and the Master Sign Program in effect for Almond Plaza. [PL] Period of approval. This approval shall be null and void in the event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. [PL] Annual review. On at least an annual basis, this Conditional Use Permit shall be subject to Zoning Investigator Review and determination as to compliance with the conditions of approval. [PL] Revocation of permit. The permit shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance 4 PASSED, APPROVED AND ADOPTED this 14th day of July, 1998. AYES: NOES: ABSENT: ATTEST: Cm. Jennings, Johnson, Musser, and Oravetz Cm. Hughes Pla~u~i{~g Commissi~ Chairperso/f Community Development Director G:\pa98037\cupres 5