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Home My WebLink AboutPCReso 97-08 PA96-061 Jack in Box CUP/SDR RESOLUTION NO. 97 - 08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 96-061 APPROVING PA 96-061 CONDITIONAL USE PERMIT REQUEST AND SITE DEVELOPMENT REVIEW FOR JACK IN THE BOX WHEREAS, Jack In The Box has requested approval of a Conditional Use Permit and Site Development Review for an 1,833 square foot expansion of the drive through restaurant in a C-1, Retail Business District; and WHEREAS, the proposed project has been found to be Categorically Exempt from CEQA under Section 15301, Class 1 (e-2), of the California Environmental Quality Act guidelines; and WHEREAS, the Applicant has voluntarily paid a traffic impact fee to mitigate impacts due to increased traffic generated because of the building expansion; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on March 11, 1997; 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 hereby find that: A. The proposed use is in the best interests of the public health, safety and general welfare. The approval of the application is consistent with the intent/purpose of Section 8-95.0 Site Development Review. The proposed use will not materially adversely affect the health of safety of persons residing or working 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. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. E. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 96-061 Conditional Use Permit and Site Development Review for Jack In The Box as generally depicted by the staff report and the materials labeled Exhibits A and B to the Staff Report, 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 final parcel map approval, 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, [BI Building, [PO] Police, [PW] Public Works, [PR] Parks and Recreation, [ADM] Administration/City Attorney, [FIN] Finance, IF] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control & Water Conservation District (Zone Community Development This approval is for the expansion of a drive through restaurant at 7265 Village Parkway as shown on the site plan, floor plan, elevations, and landscape plan prepared by William L. Unger Architect, dated received December 27, 1996. [PL] 2. This Conditional Use Permit approval supersedes all previous Conditional Use Permit and Variance approvals for the project. [PL] 3. This approval shall become null and void, in the event the approved use fails to be established or ceases to operate for a continuous one year period. [PL] 4. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] The Applicant/Property Owner shall be responsible on a daily basis for clean up and disposal of Jack In The Box trash found on-site and off-site on adjacent properties to maintain clean and litter- free site. [PL] The Applicant shall be responsible for ensuring that project related activities in the parking lot and noise are maintained in a manner which minimizes the impacts on surrounding businesses and residents. [PL, B] Loudspeakers utilized for the drive through service window shall observe a noise level which reflects the minimum functional volume. The menu board speaker noise level shall not be discernible beyond the property lines. No amplified music shall be permitted outside the enclosed building. [PL] Trash enclosures shall provide for collection and sorting of petrucible solid waste as well as source separated recyclable materials. Trash receptacles shall be located as agreed upon with Livermore Dublin Disposal. Written confirmation of this shall be sent to the Community Development Director by the Applicant prior to the issuance of building permits. [PL] Trash enclosures shall have a stucco exterior painted to match the adjacent building or wall with a solid metal door painted to match the stucco. The enclosure shall incorporate use of a 10' x 10' concrete apron in front of the enclosure to facilitate the disposal compeny's mechanical pick-up service. Raised concrete curbing shall be provided inside the trash enclosure area to serve as wheel stops for the metal trash bins in order to protect the interior walls of the enclosure. [PL] 10. All customer parking spaces shall be as shown on the approved plans and shall be subject to review and approval of the Community Development Director and the Public Works Director. All parking spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart in accordance with Exhibit H. Handicapped and customer parking spaces shall be appropriately identified on the pavement and as designated on the site plan. [PL, PW] 11. Prior to occupancy Applicant will submit a copy of the reciprocal parking agreement held with adjacent property owners. [PL] 12. All landscaping adjacent to parking stalls shall maintain a minimum 1 foot wide raised curb or equivalent to facilitate pedestrian access. [PL] 13. Prior to occupancy the Applicant shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement, Exhibit G. [PL] 14. Exterior colors shall conform to the colors and materials palette submitted to the Dublin Planning Department dated received December 27, 1996. All roof equipment shall be completed screeneu from view by a parapet. Equipment not screened by a parapet shall be screened by materials matching the building, to be approved by the Community Development Director. [PL] 15. All signs displayed shall comply with the Dublin Sign Ordinance. Five foot (5') by five foot (5') wall signs, as shown on the submitted elevations are approved for the North, South, and West side elevations, the proposed wall sign on the East side elevation is denied. [PL] 16. Prior to the issuance of building permit all applicable fees shall be paid. [PL] 17. The Applicant shall comply with applicable Dougherty Regional Fire Authority, Dublin Public Works Department, Dublin Building Department, Dublin Police Service, Alameda County Flood Control District Zone 7, Alameda County Public Health, and Dublin San Ramon Services District requirements. Prior to issuance of building permits or the installation of any improvements related to this project. [F, PW, PO, Z7, DSR, PL] Public Works: 18. The owner shall comply with the Public Works Departments Standard Conditions of approval, Exhibit C. [PW] 19. The owner shall obtain an encroachment permit from the City Public Warks Department for all w~,rk within the public right-of-way. All work shall be in accordance with the 'City standard plans and specifications. The work shall be subject to approval of the Public Works Director. [PVV] 20. The owner shall obtain a grading permit from the City Public Works Department for all work out side the building footprint including paving, sidewalks, curb and gutter, utility trenching and landscaping. All work shall be in accordance with the City standard plans and specifications. The work shall be subject to approval of the Public Works Director. [PW] 21. The site improvements shall be designed by a registered civil engineer. The plans shall be 24" by 36" using the City standard border. The original drawings or a photo mylar copy and three sets of blueprints shall be given the City prior to issuance of any permits. [PVV] 22. The drive-through lane shall be relocated west of the existing parking lot light standard. The project may not utilize the shopping center drive isle as part of the stacking area for this drive-through. [PVV] 23. The south driveway shall be 36 feet long and centered on the southerly property line. Landscaping shall be extended to the new driveway on both the project and gas station sides of the driveway. [PVV] 24. The owner shall remove the landscape median between the gas station and the project a minimum distance of 50 feet behind the new driveway. [PW] 25. The owner shall repair damaged portions of the parking lot in the vicinity of the project. These repairs shall include the large pot hole and Iow area north of the building. [PW] Police 26. The Applicant shall comply with all applicable City of Dublin Site Development Review Standard Conditions and the City of Dublin Non-Residential Security Requirements (Exhibit D). [PL, PO, B] The Applicant shall work with the Dublin Police Department on an ongoing basis to establish an effective theft prevention and security program. The Applicant and/or Property Owner shall keep the drive through restaurant clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant paints for the structures and film for windows or glass should be used. [PO] Dublin San Ramon Services District (DSRSD) 27. The existing building does not conform to District standard requirements for restaurants. A grease interceptor and sampling manhole shall be installed in conformance to District standards. Improvement plans showing this requirement shall be submitted to DSRSD. [DSR] 28. Prior to issuance by the City of any Building Permit, all utility connection fees, plan checking fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. [DSR] 29. No sewer line or water line construction shall be permitted unless the prOper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition #8 have been satisfied. [DSR] 30. The Subdivider shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. [DSR] PASSED, APPROVED AND ADOPTED this 11th day of March, 1997. AYES: NOES: ABSENT: Commissioners Jennings, Johnson, Fasulkey, Hughes, and Oravetz None Community Development Director Planning Commis ~.~n Chairperse~ g:\pa96061\reso 4