HomeMy WebLinkAboutPC Reso 93-33 PA93-028 Burger King CUP RESOLUTION NO. 93 - 033
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 93-028 BURGER KING RESTAURANT CONDITIONAL USE PERMIT
REQUEST TO ALLOW A DRIVE THROUGH AND OUTDOOR SEATING/EATING AREA
LOCATED AT 6921 REGIONAL STREET
WHEREAS, Matthew Schoenberg of Sydran Food Services, L.P.
requests Conditional Use Permit and Site Development Review approval
to demolish an existing building and construct a new 2,897 square foot
fast food and drive through restaurant with outdoor eating/seating/
playground area, landscaping, parking and signage; install a 20 foot
wide right turn lane on Dublin Boulevard; and voluntarily contribute
traffic improvement funds in the amount of $20,878; and
WHEREAS, the Planning Commission held a public hearing on said
application on August 16, 1993; and
WHEREAS, proper notice of said public 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 adopted (Planning Commission minute
action). This project will not have a significant effect on the
environment; 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 Dublin Planning
Commission does hereby find that:
The project serves the public need by providing a fast food
restaurant facility and commercial recreation use in the downtown
area.
The proposed use will be properly related to other land uses and
transportation and service facilities in the vicinity, as the
proposed use will be compatible when compared to the type and
nature of operations typically found in the neighborhood.
The proposed use, under all circumstances and conditions of this
particular case, will not materially adversely affect the health
or safety of persons residing or working in 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.
Do
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.
The project is consistent with the Dublin General Plan and the
Downtown Specific Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 93-028 Conditional Use Permit
application as generally depicted by materials labeled Exhibit A,
stamped approved and on file with the Dublin Planning Department,
subject to the approval of the related Site Development Review 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. [PL]
Planninq, [BI Building, [PO] Police, [PW] Public Works, [ADM]
Administration/City Attorney, [FIN] Finance, IF] Dougherty Regional
Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda
County Department of Environmental Health, [LDD] Livermore Dublin
Disposal Service.
This approval for PA 93-028 Burger King Restaurant is to allow
the operation of a drive through and outdoor seating/eating area
as shown on the project plans (20 sheets) prepared by
Rauschenbach Marvelli Becker, Architects, dated received
April 26, July 7, and July 16, 1993. [PL]
o
The Applicant shall be responsible on a daily basis for clean up
and disposal of Burger King Restaurant trash found on and off
site on adjacent properties to maintain clean and litter-free
sites. [PL]
The Applicant shall be responsible on a daily basis for ensuring
that project related activities in the parking lot and noise are
maintained in a manner that minimizes the impacts on surrounding
businesses and residents. [PL, B]
Loudspeakers utilized for the drive through service windows shall
observe a noise level that reflects the minimum functional
volume. The menu board speaker noise level shall not be
discernible beyond the property lines in compliance with Section
8-50.1 Performance Standards: M-P Districts of the Zoning
Ordinance. No amplified music shall be permitted outside the
enclosed building. [PL]
Ail signs shall be subject to the requirements of the Sign
Regulations within the Zoning Ordinance. [PL]
On 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]
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This approval shall become null and void in the event the
approved use ceases to operate for a continuous one-year period.
[Pn]
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]
PASSED, APPROVED AND ADOPTED this 16th day of August, 1993.
AYES:
NOES:
ABSENT:
ATTEST:
Planning
Commissioners Downey, North and Zika
None
Commissioners Burnham and Rafanelli
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