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HomeMy WebLinkAboutPC Reso 87-066 PA87-094 HtRdCfCUPRESOLUTION NO. 87 - 066 A RESOLUTION OF THE PLANNING COMMISSION OF~i~E CITY OF DUBLIN AFPROVING FA 87-094 HOT ROD CAFE - DUBLIN ASSOCIATES (OWNERS) GILBERT A. KONQUI DESIGNS/J.L.H. ENTERPRISES (APPLICANTS) - CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH AND OPERATE A COMMERCIAL RECREATIONAL FACILITY AT 7590 AMADOR VALLEY BOULEVARD WHEREAS, Gilbert Konqui, on behalf of Gilbert A. Konqui Designs and J.L.H. Enterprises, filed an application for a Conditional Use Permit to establish and operate a commercial recreational facility (night club - restaurant with dance floor) in an 8,900~ square foot portion of the 13,705~ square foot vacant Showbiz Pizza Place structure; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declaration has been adopted (Planning Commission Resolution No. 87 - 065) for this project as it will not have a significant effect on the environment; and WHEREAS, notice of Public Hearing of the project was provided as required by local Ordinance and in accordance with California State Law; and .WHEREAS, a Staff Report was submitted recommending conditional approval of the application; and WHEREAS, the Planning Commission held a series of public hearings, concluding with a hearing on October 5, 1987, to consider all reports, recommendations, and testimony; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin P!Anning Commission does hereby find that: a) The use serves a public need in t~at the use provides a commercial receational facility adjoining an area of the Dublin Downtown Specific Plan Area identified as "Dublin Restaurant Row", and will aid in serving the goals of the plan by increasing the pedestrian orientation of the area. b) The use will be properly related to other land uses and transportation and service facilities in the vicinity in that activities will be commensurate with present and planned uses of properties in the immediate vicinity. The Dublin Downtown Specific Plan and related traffic studies have determined certain traffic signal improvement needed to maintain reasonable and adequate traffic flow. The proposed use will generate additional traffic. The Conditions of Approval requiring contribution to traffic signal improvements are needed to facilitate the increased traffic flow on the public streets. c) The use will no~ 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, in that all applicable regulations will be met. d) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, or the Dublin Downtown Specific Plan, in that the nightclub - restaurant business operation will be consistent with the character of the commercial district. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve PA 87-094 as shown by materials from the October 5, 1987, Planning Commission Staff Report labeled Exhibit C and Attachments #2 and #3, on file with the Dublin Planning Department, subject to the following conditions: -1- CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the initiation of the requested land use activity, and shall be subject to Planning Department review and approval. 1. Development and operation of the night club - restaurant facility shall substantially conform to the plans submitted with the application prepared by Gilbert A. Konqui Designs, consisting of three sheets and dated received by the City of Dublin Planning Department June 29, 1987, and with Preliminary Floor Plans also prepared by Gilbert A. Konqui Designs, consisting of one sheet and dated received by the City of Dublin Planning Department July 30, 1987, and as further described in the Applicant's Written Statement and Environmental Assessment Form, dated received June 22, 1987. 2. This permit shall expire October 5, 1989, and shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. The approval period for the Conditional Use Permit may be extended for a maximum period of three additional years (Applicant must submit a written request for the extension prior to the expiration date of the Conditional Use Permit) by the Planning Director upon his determination that the Conditions of Approval remain adequate to assure the above stated Findings of Approval will continue to be met. The Planning Director may, at his discretion, refer the request for extension to the Planning Commission for resolution. This permit shall be invalidated if a Site Development Review request for the redevelopment of the structure is not filed and approval secured by October 5, 1988. Occupancy of the structure by the proposed commercial recreational activity shall not occur until a Site Development Review request for the required site and building modifications is filed and secured. 3. In conjunction with the submittal of the Site Development Review request, the Applicant shall provide the Planning Director with a copy of a lease agreement for the size which establishes the facility's right, for the length of the lease, to utilize adjoining Dublin Place Shopping Center parking areas with the amount of available parking to be consistent with the City's Numerical Parking Requirement as calculated for the entire 13,750~.~bject structure. 4. Hours of operation for the night club - restaurant facility shall be limited to the hours between 11'-30 a.m. and 2:00 a.m., ~im~-otherwise approved by the Planning Director and the Dublin Police Services. 5. Any proposed project signing shall be subject to review and approval through the Site Development Review application process. 6. Uncovered and unscreened outside storage is expressly prohibited. Ail demonstrations, displays, services and other activities related to the proposed occupancies in the subject building shall be entirely within the existing structure. Any areas proposed for development as exterior screened storage areas shall be subject to review and approval through the Site Development Review process as regards to their design, location, building material and use. No loudspeakers or amplified music shall be permitted outside the enclosed structure. The facility shall be operated such that no noise generating from within the subject structure shall be discernable without instruments at any lot line of the subject property. The north entry of the existing trash enclosure at the northeast corner of the building shall be closed off (unless its function is determined necessary through the Site Development Review process). 7. A detailed Preliminary Landscape Plan (1' - 20' scale) shall be prepared bv the Applicant and submitted for review and approval through the Site Development Review process. The plans shall incorporate the requirements detailed on the Staff Study - Landscape Plan dated October, 1987. Existing landscaping between the subject structure and the adjoining Coco's Restaurant shall be modified to the satisfaction of the Dublin Police Services Department to improve visibility through the area for security surveillance purposes from Amador Valley Boulevard. 8. Any areas of pavement in disrepair which occur within the parking and driveway areas serving the structure shall be repaired prior to occupancy of the structure. -2- 9. The design, construction materials and location of service areas and/or trash enclosures developed for this structure shall be compatible with the site's overall design and landscaping, and shall be subject to review and approval through the Site Development Review process. 10. Light standards and/or additional wall and/or soffit lighting shall be utilized around the perimeter of the structure and within the ancillary parking areas to supplement existing lighting. Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties or onto Amador Valley Boulevard. Lighting used after daylight hours shall be of an adequate intensity to provide for security surveillance needs. Photometric information for area lighting shall be supplied for review and approval as part of the Site Development Review process. 11. A Security Plan for the night club/restaurant facility shall be prepared by the Applicant and shall be submitted for review and approval as part of the Site Development review application process. The Security Plan shall address the requirements of the Dublin Police Services Department, as outlined in the August 24, 1987, memorandum from the Dublin Police Chief, and shall indicate the following: - number of security personnel to be present duties of security personnel - hours that security personnel will be present at the facility - means to maintain contact with Dublin Police Service Department - means to regulate occupancy loads established for the facility 12. The plans prepared and submitted for the Site Development Review application for this site shall incorporate the use of new window cutouts on the north and south building elevations. For the north building elevation, a range of 17.5% to 27% of the building wall below the existing wood trim soffit shall be developed with new window cutouts (230~ square feet to 360~ square feet). For the south building elevation, a range of 10% to 20% of the building wall below the existing wood trim soffit shall be developed with new cutouts (130~ square feet to 260~ square feet). A maximum of one-third of the window areas developed on the respective building elevations may.3tilize obscure glass. =' 13. New concrete paving treatment shall be supplied adjoinin~ the main entry to the proposed night club/restaurant. The paving shall include a 24' wide x 17' deep concrete apron extending into the existing parking area. One handicap parking space shall be provided on either side of this new concrete apron. (The Applicant is referred to the plans submitted in conjunction with PA 86-006 Rockwell's/Dunne Paints Site Development Review Application for an acceptable sample treatment of the new pedestrian areas.) 14. The Applicant shall work with the Property Owner to provide for the installation of appropriate on-site signage to designate the subject property as a "Private Property - Customer Parking Only" site. Signs shall be subject to review and approval by the Police Services Department prior to installation. 15. Development shall comply with the requirements of the DSRSD - Fire Department. 16. Prior to occupancy by the proposed commercial recreational activity, or any construction activity triggering a Site Development Review permit, the Applicant shall make a contribution to the planned future signal at Amador Plaza Road and Amador Valley Boulevard. The amount of the contribution shall be determined by the City Engineer based on increased traffic generated by the project, but in no case to exceed 5% of the signalization cost or $5,000.00. 17. The Applicant and Property Owner shall provide the City with a letter of intent agreeing to the following: The Applicant shall fund up to $4,000.00 for a traffic and parking study of the site during the Christmas shopping season (Thanksgiving through Christmas). The consultant and scope of work for the study shall be determined by the Dublin Planning Department. The result of the study will be used to evaluate the "downtown plaza" activity center and additional landscaping needs. -3- The Applicant shall participate in a meeting with the major tenants and merchants associations in the downtown area to discuss the downtown plaza concept. Said meeting shall occur early next year (February 1988). 18. Except as specifically altered by the above Conditions of Approval, development and use of the subject structure shall comply with the Conditions of Approval established for S-646. 19. The uses established under this Conditional Use Permit shall be subject to review after both the six-month and one-year anniversaries of initial occupancy to determine compliance with the above Conditions and/or to determine what additional requirements may be needed to assure the Findings of Approval outlined above in this document will continue to be met. The Planning Director may refer the matter back to the Planning Commission for disposition. 20. This permit shall be revocable for cause, in accordance with Section 8-90.3 of the Dublin Zoning Ordinance, at any time during the effectiveness of the approval. PASSED, APPROVED AND ADOPTED this 5th day of October, 1987. AYES: Commissioners Barnes, Burnham, Mack and Zika NOES: None ABSENT: None Planning Direct~ ~ Commis si~hairperson -4-