HomeMy WebLinkAboutPCReso 96-02 PA95-040 Caffino CUP RESOLUTION NO. 96 - 02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN
RECOMMENDING APPROVAL OF PA 95-040 CAFFINO INC. CONDmONAL USE PERMIT
LOCATED AT 7360 SAN RAMON ROAD
WHEREAS, Caffino Inc., submitted an application requesting approval of a Specific Plan Amendment
to modify Area 3 of the San Ramon Road Specific Plan to allow drive-in or drive-through restaurants as a
conditional use; Conditional Use Permit to allow a drive-in or drive-through restaurant, which serves food for
eousumpfion in a short amount of time; to allow the alteration or expansion of a pre-existing use; and Site
Development Review to construct a 220 ± square foot drive-up espresso bar/kiosk at 7360 San Ramon Road; and
WHEREAS, the Planning Commission did hold a public heating on said Conditional Use Permit
application on December 5, 1995, and continued the public hearing to January 16, 1996; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the provisions of the California
Environmental Quality Act (CEQA) and a Negative Declaration has been prepared for this project as it will not
have a significant effect on the environment; and
WHEREAS, Section 848.2 (A)(8), CONDITIONAL USES REQUIRING PLANNING COMMISSION
APPROVAL, of the Zoning Ordinance identifies a drive-in/drive-through business as a conditional use in the C-l,
Retail Business District; and
WHEREAS, the proposed use would meet the intent of the C-1 District because it would allow drive-in
and drive-through restaurants as a conditional use in Area 3 and would allow additional retail uses to be developed
on individual in-fill sites suitable for drive-through uses; and
WHEREAS, such uses would be valuable commercial uses to the City of Dublin; and
WHEREAS, the Planning Commission did consider a Specific Plan Amendment to allow drive4n and
drive-through restaurants as a conditional use in Area 3 of the San Ramon Road Specific Plan and did recommend
that the City Council approve said Amendmem; 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does
hereby find:
1) The use is required by the public need in that it will provide a convenient drive-through use that will
effectively serve commuters traveling on San Ramon Road and Amador Valley Boulevard; and
2) That the use will be properly related to other land uses, transportation and service facilities in the
vicinity in that it is located within compatible retail land uses; at a location with adequate access to and from San
Ramon Road and Amador Valley Boulevard; and that all public facilities are adequate and available; and
3) The proposed project will not materially affect the health or safety of persons residing or working in the
vicinity since all applicable regulations will be met; and
4) The project will not be contrary to the specific intent clauses or performance standards established for
the district in which it is located since conditions have been applied to ensure conformance with applicable zoning
regulations, and the use would be consistent with the character of the surrounding downtown area; and
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend
that the City Council conditionally approve PA 95-040, Caffino Inc., Conditional Use Permit application, as
generally depicted by materials labeled Exhibit A, stamped approved and on file with the Dublin Planning
Department and subject to the approval of the related Site Development Review, the Area 3, San Ramon Road
Specific Plan Amendment and to 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. [FL1
Planning. [BI Building. IPO1 Police, IPW] Public Works, [Al}M] Administration/City Attorney, [FIN] Finance, [F1
Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO1 Alameda County
Department of Environmental Health.
GENERAL
This Conditional Use Permit approval for PA 95-040 is to allow a drive-in or drive-through restaurant,
which serves food for consumption in a short amount of time, and the alteration or expansion of a pre-
existing use (Workbench). This approval shall generally conform to the revised plans prepared by
Johnson Lyman Architects, dated received by the Planning Department on December 26, 1995, consisting
of 3 sheets labeled Exhibit A, stamped approved and as may be modified by the conditions of this
Resolution. [PL]
The Applicant and Property Owner shall provide twenty-two (22) parking spaces and shall maintain this
required number of parking spaces for both the hardware store and the espresso har/kiosk uses at all times.
The hours of operation for the espresso bar/kiosk use shall be from 5:00 a.m. to 9:00 p.m. The espresso
bar/kiosk use may operate seven (7) days per week. [PL]
EASEMENTS/AGREEMENTS
To allow for parking, driveway access and drive-through aisleway access to the project, cross vehicular
access easements, or other appropriate documents approved by the Planning and Public Works
Departments, shall be recorded between the subject property and the properties to the north in exchange
for cross vehicular access easements through those properties. The cross vehicle access easements shall be
submitted for review and approval by the Planning and Public Works Director and the City Attorney prior
to recordation. [PL, PW, ADM]
The Applicant shall acquire any easements or rights-of-entry from the adjacent property owners to the
north for improvements and/or construction activity that occurs or is required outside of the subject
property. Easements or rights-of-entry shall be in a written form and shall be furnished to the Public
Works Director. [PW]
A recorded copy of the cross vehicular access easements required by Condition # 4, and the easements or
rights-of-entry required in Condition # 5, shall be submitted prior to the issuance of a building permit.
[PL, PW, B, ADM]
2
MISCELLANEOUS
The Applicant and Property Owner shall comply with all applicable Planning, Building, Public Works,
Dublin San Ramon Services District, Dougherty Regional Fire Authority, Dublin Police Services and the
Alameda County Environmental Health regulations and requirements. [PL, B, PW, DSR, F, PO, CO]
All signage proposed for the espresso bar/kiosk and use shall be subject to the requirements of the sign
regulations of the Zoning Ordinance. [PL]
The Applicant and Property Owner shall be responsible for clean-up and disposal of any project-related
trash and shall maintain the site in a clean, litter-free condition at all times. [PL]
10.
The espresso bar/kiosk use shall be conducted so as not to create a nuisance to surrounding and/or
adjacent businesses. [PO, PL]
11.
Amplified music or other noise generated by the use shall not be permitted to project off-site.
[PL, POI
12.
All activities associated with this use shall be conducted entirely within the enclosed espresso bar/kiosk,
with the exception of the drive-through and walk-up windows and the one or two customer greeters during
morning peak hours. [PL]
13.
The use of any accossoty structures, such as storage sheds or trailer/container units, used for storage or for
any other purpose, shall not be allowed on the site at any time. [PL, B, FI
14. Long or short term storage and/or parking of motor vehicles shall not be permitted on the site. [PL]
15.
All landscape areas on and off the site shall be installed as shown on Exhibit A, Sheet Al, and shall be
properly maintained at all times. Any proposed or modified landscaping to the site shall require prior
review and written approval from the Planning Department. [PL]
16.
On at least an annual basis, this Conditional Use Permit approval shall be subject to Zoning Investigator
review and determination as to the compliance with the Conditions of Approval. [PL]
17.
This approval shall become null and void in the event the approved use is not constructed within 1 year or
ceases to operate for a continuous one-year period. [PL]
18.
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 may be subject to the issuance of a
citation. IPL]
PASSED, APPROVED AND ADOPTED this 16th day of January, 1996.
AYES:
NOES:
ABSENT:
Planning D~
Commissioners Zika, Geist, Johnson and. J~ckhart .,-~f~,
Commissioner Jennings
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