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HomeMy WebLinkAboutReso 021-96 Caffino CUPRESOLUTION NO. 21 - 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PA 95-040 CAFFINO INC. CONDITIONAL 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 Kamon Road Specific Plan to allow drive-in and drive-through restaurants as a conditional use; a Conditional Use Permit to allow a drive-in or drive-through restaurant, which serves food for consumption in a short mount of time; and to allow the alteration or expansion of a pre-existing use; and a Site Development Review to construct a 220 + square foot drive-through espresso bar/ldosk at 7360 San Ramon Road; and WHEREAS, the Planning Commission did hold a public hearing on said Conditional Use Permit application on January 16, 1996; and did adopt Resolution No. 96-02, recommending that the City Council adopt the Drai Resolution approving the Conditional Use Permit for PA 95-040, Caffino, Inc.; and WHEREAS, proper notice of said heating was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the Califomia 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, the subject property is located within the C-l, Retail Business zoning district; and WHEREAS, Section 8-48.2 (A)(8), 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 that district allows drive-in and drive-through restaurants as a conditional use in Area 3 of the San Ramon Road Specific Plan 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 City Council did adopt a Specific Plan Amendment to allow drive-in and drive- through restaurants as a conditional use in Area 3 of the San Kamon Road Specific Plan; and WFfEREAS, the Staff Report was submitted recommending that the Conditional Use Permit application be conditionally approved; and - WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RE'SOLVED that the City Council of the City of Dublin does hereby find that: 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) 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 FURTBER RESOLVED that the Dublin City Council does hereby 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. [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District. [CO] 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 mount 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 bar/kiosk uses at all times. [PL] 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] 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, DSK, 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, PO] 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 accessory 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, F] 14. 15. Long or short term storage and/or parking of motor vehicles shall not be permitted on the site. [PLI All landscape areas on and off the site shall be installed as shown on Exhibit A, Sheet. A1, 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. [PL] PASSED, APPROVED AND ADOPTED this 13th day of February, 1996. AYES: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston NOES: None ABSENT: None ABSTAIN: None A r ST: K:/g/2-13 -96/resocaf3. doe Mayor