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Home My WebLink About05-25-1993 Item 8.4 93-011 Celebrity'sCoffee/CUPTO= FROM= PREPARED BY= SUBJECT= GENERAL INFORMATION: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: May 25, 1993 Planning Commission Planning Staff ~ David K. Choy, Associate Planner PA 93-011 Celebrity's Coffee Company Outdoor Seating/Live Entertainment Conditional Use Permit PROJECT: APPLICANT: PROPERTY OWNER: LOCATION: ASSESSOR PARCEL: PARCEL SIZE: GENERAL PLAN DESIGNATION: DOWNTOWN SPECIFIC PLAN DESIGNATION: E~ST~GZONING AND LAND USE: Conditional Use Permit request to amend the PD, Planned Development, General Provisions to allow an outdoor seating area and live entertainment, performed within the building, as conditionally permitted uses within the PD District. Jerry Newton Celebrity's Coffee Company 6694-Z Amador Plaza Road Dublin CA, 94568 Robert Enea Enea Properties Company 6670 Amador Plaza Road Dublin, CA 94568 6694-Z Amador Plaza Road 941-1500-49 3.85 acres Retail/Office and Automotive Development Zone 4: Planned Mixed Use (retail, office, hotel, restaurant and commercial recreation facilities) PD, Planned Development - retail commercial ITEM NO. ~.~ COPIES TO: Applicant Owner Address File SURROUNDING LAND USE AND ZONING: North: South: East: West: Retail Commercial - PD, Planned Development Office - PD, Planned Development Amador Plaza Road (Right-Of-Way)/ Vacant - PD, Planned Development Auto Sales - C-2, General Commercial District ZONING HISTORY: PA87-018: On June 22, 1987, the City Council approved a request for PD, Planned Development, Rezoning and established Findings and General Provisions for the Enea Plaza Shopping Center Phase I project (northerly 2.78± acres of the property). On December 14, 1987, the City Council adopted Resolution No. 105-87, amending Resolution No. 41-87 which approved PA 87-018, and initiated a Planned Development Rezone for the southern portion of the property. On December 14, 1987, the City Council approved Resolution No. 106-87, which approved a Release and Settlement Agreement and Public Dedication Agreement between the City of Dublin and John and Sal Enea. PA87-178: On February 22, 1988, the City Council approved a request for PD, Planned Development, Rezoning and established Findings and General Provisions for the Enea Plaza Shopping Center Phase II project (southern portion). Parallel Road: On July 13, 1988, the Dublin city Council approved the right-of-way lines for a new road southerly of and parallel to Dublin Boulevard between Regional Street and Amador Plaza Road (Ordinance No. 19-88). PA89-028: On June 14, 1989, the Dublin Planning Director approved a Site Development Review request for the Enea Plaza Shopping Center Phase II project, to construct a 26,946 square foot retail commercial building on vacant property, and a 5,060 square foot retail commercial building on partially developed property. PA89-127: On December 4, 1989, the Dublin Planning Commission approved Tentative Tract Map No. 5783 (Enea Plaza) to create two parcels of land. PA91-029: On April 15, 1992, the Dublin Planning Director approved a Site Development Review request for a Sign Program for the Enea Plaza Shopping Center Phase II project, at 6694-6698 Amador Plaza Road. PAGE '~ OFI~o PA92-072: On February 17, 1993, the Zoning Administrator approved a Sign/Site Development Review/Variance request to modify the existing sign program and to establish one consistent sign program for the entire Enea Plaza Shopping Center located at 6694-6780 Amador Plaza Road and 7460-7496 Dublin Boulevard. APPLICABLE REGULATIONS: City Council Resolution No. 30-88 (PA 87-178) approved and established General Provisions for the Enea Plaza Shopping Center Phase II. The General Provisions do not specifically address outdoor seating or live entertainment as permitted or conditionally permitted uses. Section 8-31.8 states that if, in the opinion of the Planning Commission, a land use not indicated on a Land Use and Development Plan approved by the City Council does not materially change the provisions of the approved Land Use and Development Plan, the land use may be permitted subject to securing a Conditional Use Permit. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: The project has been found to be Categorically Exempt from CEQA under Section 15301, Class l(a) of the California Environmental Quality Act guidelines. This use consists of a minor addition of outdoor seating area and live entertainment, conducted within the building, to an existing use involving negligible expansion of use beyond that previously existing. NOTIFICATION: Public Notice of the May 25, 1993 hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: Mr. Jerry Newton, representing Celebrity's Coffee Company, has filed an application for a Conditional Use Permit to amend the PD, Planned Development, General Provisions to allow the establishment of an outdoor seating area and indoor live entertainment, as conditionally permitted uses within the PD District. The Applicant owns and operates the existing Celebrity's Coffee Company restaurant located within the Enea Plaza Shopping Center at 6694-Z Amador Plaza Road. The existing Celebrity's Coffee Company business is a non- smoking, non-alcoholic restaurant offering a complete lunch and dinner menu, a wide selection of desserts and a variety of coffee drinks. The restaurant currently provides approximately 40 seats within the dining area. PAGE "~ , OF I~ The Applicant is proposing the addition of up to twelve 3' x 3' tables to be located outside on the sidewalk immediately adjacent to the building. The additional tables will accommodate up to 48 additional seats. The tables will be placed so as not obstruct the free movement of pedestrians using the walkway. The Applicant will install three trash containers in the outdoor seating area and will be required to keep the area clean and litter free. In addition, the Applicant would also like to establish a regular schedule of live musical performances conducted within the building. Two one hour performances would be scheduled on Friday and Saturday evenings. The first performance would begin at 8:00 p.m. and the second performance would begin at 10:00 p.m. The Celebrity's Coffee Company restaurant is located within a commercial center with no surrounding residential uses. The live entertainment activity will not have an adverse effect on the adjacent or surrounding businesses. Adequate parking is available within the Enea Plaza Shopping Center (253 spaces provided) to accommodate the addition of the proposed outdoor seating area and the indoor live entertainment to the existing restaurant, as well as to serve the other retail uses. Both the Public Works Department and the City Attorney have reviewed the proposed project as it relates to the previous rezoning applications (PA 87-018 and PA 87-178) and the City/Enea lawsuit settlement agreement. It has been determined that the traffic generated by the proposed uses are consistent with the traffic anticipated in the rezoning applications and subsequent settlement, therefore the imposition of a traffic impact fee is not required. The proposed use is located in the Dublin Downtown Specific Plan Area, within Development Zone 4. Appropriate uses in this zone include retail, office, financial institutions, hotel, restaurant and commercial recreation facilities. The proposed use is in compliance with all applicable regulations of the Zoning Ordinance, General Plan and Downtown Specific Plan. This application has been reviewed by other City departments and affected agencies, including the City Attorney, and their comments have been incorporated into the draft resolution. Staff recommends approval of the Applicant's request for a Conditional Use Permit, subject to the conditions listed in the draft resolution, Exhibit B. RECOMMENDATIONS: FORMAT: ACTION: 1) 2) 3) 5) Open public hearing and hear Staff presentation. Take testimony from Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt the draft resolution approving PA 93-011, or give Staff and Applicant direction and continue the matter. Staff recommends that the Planning Commission adopt the draft resolution (Exhibit B) approving PA 93-011 Celebrity's Coffee Company Outdoor Seating/Live Entertainment Conditional Use Permit. 4 ATTACHMENTS: Exhibit A: Exhibit B: Project Plans Draft Resolution Approving Conditional Use Permit Background Attachments: Attachment 1: Attachment 2: Attachment 3: Zoning/Location Map Applicant's Written Statement dated recieved by the Planning Department March 10, 1993 Applicant's Written Statement dated recieved by the Planning Department April 14, 1993 PA~E,.'-'q OF rb . h .... j o T~ RECEIVED L,i A P.: 0 tu.-.,...~ EXHIBITA f EXHIBITA RESOLUTION NO. 93- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 93-011 CELEBRITY'S COFFEE COMPANY OUTDOOR SEATING/LIVE ENTERTAINMENT CONDITIONAL USE PERMIT AT 6698-Z AMADOR PLAZA ROAD WHEREAS, Mr. Jerry Newton, representing Celebrity's Coffee Company, has filed an application for a Conditional Use Permit to amend the PD, Planned Development, General Provisions to allow the establishment of an outdoor seating area and indoor live entertainment, as conditionally permitted uses within the PD District. The Applicant owns and operates the existing Celebrity's Coffee Company restaurant located within the Enea Plaza Shopping Center at 6694-Z Amador Plaza Road; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 25, 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 was found to be Categorically Exempt under Section 15301, Class l(a); 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: ae The proposed use will serve the public need by providing an outdoor seating/eating area and indoor live entertainment which contributes to the diversity of activities available to the community. Be Ce Do 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 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. 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 in that conditions have been applied to insure conformance with the Zoning Ordinance. EXHIBIT PAOE ~ ,. OF I~ The project is consistent with the policies contained in the city's General Plan and Downtown Specific Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 93-011 Celebrity's Coffee Company Conditional Use Permit shown by materials labeled Exhibit "A" on file with the Dublin Planning Department, subject to the following conditions. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of buildinq 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, [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. PA 93-011 is approved to amend the PD, Planned Development, General Provisions to permit the addition of an outdoor seating area and indoor live entertainment to the existing Celebrity's Coffee Company restaurant located at 6694-Z Amador Plaza Road, as generally depicted on the plans consisting of two (2) sheets, dated received March 10, 1993, (Exhibit A) stamped approved. [PL] Except as specifically modified herein, development within the Enea Plaza Shopping Center Phase II, shall generally conform to the Planned Development General Provisions established by city Council Resolution No. 30-88 for PA 87-178 (see Attachment B-i). [PL] The outdoor seating area is limited to a maximum of 12 tables and a maximum of 48 seats. If these tables are not bolted to the ground, or otherwise secured, then the tables shall either be brought inside or stored in a secured enclosure, during non-business hours. [PO, PL] The placement of the tables shall not obstruct the free movement of pedestrians utilizing the sidewalk within the shopping center. [PL] e Operation of the outdoor seating area and the live entertainment shall be conducted so as not to create a nuisance to adjacent businesses. [PL, PO] No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. All activities associated with the live entertainment use shall be conducted entirely within the building. [PL, PO] A minimum of three trash containers shall be installed within the outdoor seating area. The Applicant shall be responsible for clean up and disposal of project related trash to maintain a clean and litter-free site. [PL] Signs utilized for this building shall conform with the sign program established for the Enea Plaza Shopping Center. [PL] 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] 10. This approval shall be null and void in the event the approved use ceases to operate for a continuous one year period. [PL] 11. 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 use permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 25th day of May, 1993. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Director PAGE I(~ OF~I~ . RE$OLUTIOII I10. 30-B8 A RESOLU'FIOII OF THE CIl¥ CagJJCIL OF THE CITY OF DUBLIH APPROVIHG AND ESTP£LISH FIHDIltGS A/ID GEHERAL PRO¥ISIOIIS FOR A FD~ ?~.HHED DEVELOPMENT REZOIIIHG COHCE~HIHG PA 87-178, ENEA PLAZA (SOUT]~E.~I ?ORTIOH) PD, ?LJU[NED DEVELOPHEItT RE-ZONIHG A~PLICATIOrl ~. WHEREqS, the Dublin City Council filed an application requesting that the City rezone aoproximately 3.0+ acres of the southern portion of APX ~41- ~ ' the west sid~of ~ador Plaza Road near Dublin Blvd.) from 1500-040 (loca~-d on · , · ~ (Alameda County Ordinance ~o. 81-26 for the a PD, Planned Development D~s~r~c~ 1464th Zoning Unit, allowing administrative office uses w~th limited ancillary retail use) to a new PD, Planned Development District to provide that the uses permitted be identical to those co,~ercial uses permitted pursuant to City Council Resolution Nc. 41-87 and ple~ned Development Application PA BT-O18 (which allows a range of retail shopper, office, personal service and financial · uses); and WHER~.S the Plannin~ Cc.~ission did hol&a public hearin~ on February ' ' -=-- the Plannin~ Ccmissicn adopted l, l~o: cn said application at wich Resolution ~o. B3-O06 rero~,~ending aggro'~l of the ?O, Planned Development Rezoning request for PA 87-17B; and WXER£a,S, the City Council did held a public hearing on said request on February 22, l=oc; and XXER£~S, pr~er notice of -=~ public hearino ~ss alvin in ail r~soects as required by law; a~ - ~XE~EAS, this app~ca~c has been reviewed in accordancew~t~ provisions of the California Environmental quality Act and a Negative has been adeoted (Planning Cc~issicn Declara~o of. Envircn~ental Sionifica~ce . Resolution No. ES-OOE) for this prooes~, as it will have no si~ifice~t effect on the envirc, nment; and ,,~s~S the St~ff report was .u.m~:~ recc~sendino t~at the request be aggroved subject to conditions pre?are~ by Staff and reflected in Planning Consn~sion Resolution No. ~8-006; and .. NHEi£qS, the City Council did hear and cch~ider all said reports, ~ .--- 'testimony herein a~ove set forth; and recc~,:~c~lons ant ~XE~qS, the rezoning is ap?epriate for the subject property in terms of bein~ compatible to ex,s~,,,g and proposed land uses and conformino to the underlying la~d use designation and it will not overburden public services; XX£~EAS, the rezoning will net have a .substantial adverse aTTO:% on health or safety or be substantially E~tri~ental to t~e public ~'elfare cr injurious to prcpert/ or public ~{0~, THErEFOrE, BE tT RESOLVED IF. qT THE Dublin City Council does berets aoorove the ?D, Planned gevelo?~ent request subject to the following c~ditions: 1. The ?D, Plenned Development D~s~,,c~ development s~all ~ubstanti~iiy conform to Exhibits B and C from the City Council Staff Report dated February 22, 1~$ on file with the Dublin Planning 2. Land uses permitte~ and conditionally permitted within this PD, ?ianned Development District ~re as follows: Alq'A T PAGE~ ~ L- OF ~ Permitted Uses Retail commercial shopper goods establishments suc~ a. General Merchandise Stores b. Clothing Stores c. Shoe Stores d. Home Furnishings Stores e. Home Appliances/Music Stores f. Hobby/Special in~rest Stores Gifts/Specialty ~tores g' Co<metic Stores h. Jewelry and i. Home Improvement Centers j. Drug Stores k. Auto Parts Stores 1. Other retail cs~ercial shopper goods establishments of similar intensity and compatibility as those listed above and determined to · ~= the Planning Director. approprla~- by Eating and drinking ~stablishments including the following: a. Res~auran~ b. Donut Shop c. ~ce Cream Parlor d. Sandwich Shop e. SFecialty Food '- f. Delicatessen g. Bakery " h. C~ndy or ~uts i. Heelth Food " ' j. Wine and Cheese with on-sale liqcor license form State of California k. Other eati~c and drinking es~=blishment of similar intensity c:~catebiii~y as those listed ~bove and determined to he a~?~riasa hy she plannln~ Dlr_c~or- Personal Service establishments including the'following: a. Beauty Shoo b. Barter Shop · c. Shoe R~air d. Cleaner and Dryer e. Laundry f. Figure Salon g. photographer h. Formal Wear/Rental i. 'Interior Decorator .- j. Travel Agent .. k. Hey Shop 1. Dressm=k~,,~ cr Knitting Shoo m. Tailor Shc? n. Handcraft Shc~ ' o. Ot~er ~erscnai service establishments of si~ila~ ' ~ .... ~'lity aS those listed a~o','e and ~eteTmine~ to be t~e plannin$.Director. Offic~ uses including the follcwing: a. Ootcmetrist b. H~ical and Dental c. Legal d. Accounting e. Arch'~'~ f. Emplob~ent Agency. o. Real Estate . ' ~. Other Administrative and Professicnal Office establishments of slm~iar intensity and compatibility as those listed above and determined to appropriate by the Planning Director. Conditional Uses The uses are permitted subject to agproval of a Conditional Use ?ermit: a. Cc~nunity,' religious and charitable institution facilities ~nd uses b. Public facilities and uses c. Veterinary Office ' d. Ccn:nercial secreation facility, other than a theater, if within a building - :' ": "~, " ... ~ . · ' .' .'.: ...:' '.-'::: .3.: e. Tavern/Cocktail Lounge 'f. Recycling Centers, when operated in conjunction with a Permitted Use on the same premises ' g. In-patient and out-patient health facilities as licensed by the State Department of Health Services h. Grocery Stores Prohibited Uses All retail commercial uses defined as convenience stores, including: a. Liquor and Wine Stores b. Drive-in and Drive-through Restaurants. c. Meat, Fish or Poultry Stores d. Convenience Food Stores e. Other stores.which sell food and other'household goods for consumption in a short *~' _~, f. New and used vehicle sales and/or vehicle repair and service, ~o~'' stations g. Residential uses h. Industrial uses Prior to any type of development occuring on this 3.0+ acre parcel, the deveIoc~ent shall cain Site Development Review approval(s) and shall comply with a~l applicabl~ conditions of approval. _ = ~ ifically modified by these Conditions of Aopro'~al, 4. Exc-?~ as soec ' devoiD?merit' and operation of land use activities within this PD, Planned Development Oistrict shall be=subject to the provisions of the Administrative Office District of the City of Dublin Zoning Ordinance, with regards to ~inimum/maxim~m development criteria and signs. 5. Deveicoers are advised that the subject site is within the ~cundaries of . ' .p._l ~ lC · - the Oo.~ntswn Dublin ~ =~'=' ~lan and all development resuitin~ cn this · a~-e sit= mu~t ccmoly with the Goals, Objectives and ~mple~entaticn ~ O+ -. _ r ' . .' '~ ,~ ~ limited to the following: poiTcies or that Pl:n ~ncluo,,~, bu~ no~ A. Utiiizinc a maximum floor ratio of 30%. The proposed road area-will not be excluded when determin~no the maxim~'flccr are~ ratio for 9¢1-1500-040, unless the offer of dedication has ~reviousiy been acce~ted by the City. · =~'- ~ requirements. B. Meetino all C. Screening parking Jots with low walls and landscaping frc~ adjacent streets. -. D. Meeting parking space n:mber and design raou~re~ents. E.' Limitin~ buildin~ heichts to 45 feet. " - ' ' ~' - ~' e architectural styles and t~eses. F. Utiiizino progressive and a~r:c~v G. Providin~ at ~eest 20% landscaping in parking lots and providing s:~stant~al amounts of landscaping within new developments. H. ~provine the visual quality cf the downt~n area. I. Encouraging better internal circulation among adjacent deveic~,qents. j. Encouraging better pedestrian connections among downtown developments. PASSED, AP?RO'/E~ ~2iD ADOPTED this 22nd da,/ of Fetruary, I~ES. ~?. Councilmembers Hegarty, = .... , and ~!ayor ~::: ' NOES: None A~SENT: None - 'L~y Clerk ',.J 'IT]ET _cz ___ ~ / ....... OCT A PART OF TH, ZONING MAP THE CITY OF DUBLIN A1TAC~ ~ ~'c lu~ F Written Statement Celebrity's opened its doors for business within Enea Plaza on February 8, 1993. We wish to provide outdoor seating for our customers and to the patrons of the other businesses who shop within the plaza. As shown on our plan, we will be providing up-to twelve 3'X 3' tables with chairs, some tables will have umbrellas. We will place them adjacent to the building and around the walkway area next to the building. We will also provide at least three trash containers. We will always provide and maintain a safe and clean outdoor seating area for our customers. The placement of the tables will not effect the right-of-way of pedestrians or in any way restrict the normal flow of vehicular traffic. Our proposal will enhance the surrounding landscaping and gazebo and the architectural features of the building. Jerry Newton, President Celebrity Coffee Co. ATTACflME Z Memorandum DUB, LIN PLANNIN~ Date: April 14, 1993 Too: Mr. David K. Choy Associate Planner From: Jerry Newton Celebrity Coffee Co Re: PA 93-011 As part of the application conditional use permit application, I would like to request a permit to have live performances on each Friday and Saturday evening beginmng at 8:00 PM until 9:00 P.M. for the fn'st performance. The second performance would begin at 10:00 P.M. until 11:00 P.M.. The audience is normally young professional adults that enjoy listenh~g to quality music. Celebrity Coffee Co. is a non smoking and non drinking establislanent. The performers are normally a duo and considered professional adult musicians. I sincerely appreciate yom- considerations. AI'rAC