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Home My WebLink AboutItem 6.1 Naugles Planning Appeal t'itg of UBLZTJ'? AGENDA STATEMENT Meeting Date: October 25, 1982 SUBJECT : Appeal of planning application PA82-003 NAUGLES, INC. EXHIBITS ATTACHED : Memo from Planning Director dated October 21 , 1982; Letter from Robert Jacob RECOMMENDATION : Deny the appeal and approve the project subject to conditions. • FINANCIAL STATEMENT: None • DESCRIPTION : Naugles, Inc. , was granted a Conditional Use Permit to operate a drive-in restaurant in the General Commercial District. A condition of approval required the proposed drive-in window to be relocated. The applicant appealed the condition. The Staff analysis of the project found potential traffic safety problems with the proposed location of the drive-up window. Staff recommends denying the appeal and approving the project subject to the conditions that: 1 ) The drive-up window is relocated ' 2) Adequate queuing space is provided 3) The western portion of the site is landscaped 4) The project is completed within one year 1 • Exhibit A would implement the Staff recommendation. COPIES TO: THE CITY OF DUBLIN P.O.Box 2340 Dublin,CA 94566 (415) 829-3543 MEMORANDUM October 21 , 1982 TO: City Council FROM: Planning Director SUBJECT: Appeal of planning application PA82-003 NAUGLES, INC. GENERAL INFORMATION PA82-003 NAUGLES, INC. , drive-in restaurant, 6568 Village Parkway (APN 941-1401-21-1 ). A. Categorically exempt from environmental guidelines. B. Conditional Use Permit to allow a drive-in restaurant. Property is on the west side of Village Parkway, approximately 100 ft. south of Dublin Boulevard, zoned C-2 General Commercial . Owner: Jim Lange, 6500 Village Parkway, Dublin, CA 94568 Applicant: Naugles, Inc. , 2932 East Nutwood Avenue, Fullerton, CA 92634, by Howard Nathanson. Assessor Parcel Number: 941-1401-21-1 Existing Land Use: Vacant commercial building, formerly a fast food restaurant; rear portion of site undeveloped. Surrounding Zoning and Land Use: North - M-l ; service station/car wash South - C-2; office building East - C-2; retail stores, including fast food restaurant West - Freeway Site History: January 1977: Site Development Review approved for a fast food restaurant. September 2, 1982: Planning application .PA 82-003 heard by Zoning Administration. Application was continued to allow the applicant to explore the possibility of entering the site on the north side of the building and exiting on the south. Applicant concurred with the continuance. October 7, 1982: Application heard by Zoning Administrator and approved subject to conditions. Applicant appealed the condition requiring the relocation of the drive-up window. Applicable Regulations: A drive-in business in the C-2 District requires a Conditional Use Permit (Section 8-49.2). A conditional use requires special review and appraisal 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 use, transportation and service facilities 3) whether or not the use, under all circumstances and conditions, will have a sub- stantial adverse effect on health or safety, or be substantially detrimental to public welfare or injurious to property or improvements 4) whether or not the use will be contrary to the specific intent of the zoning district. (Section 8-94.0) Page 2 The stated intent of the C-2 District is to provide locations for relatively large areas containing facilities for a wide variety of business and commercial activities needed to serve the community. ANALYSIS Circulation: The proposed location of the drive-up window may lead to traffic safety problems. A vehicle leaving the window would cross and block the path of vehicles en- tering the parking area. Vehicles blocked from entering the parking area would be stopped in the public right of way and may interrupt traffic flow on Village Parkway. A relocated drive-up window would eliminate the traffic safety problem. Landscaping: The undeveloped western portion of the site is without landscaping and tends to collect trash. Landscaping would make the project more attractive and appealing. RECOMMENDATION Staff recommends denying the appeal and approving the project subject to 1 ) relocation of the drive-up window 2) providing 'queuing' space 3) providing landscaping on the western portion of the site 4) providing the applicant one year to secure the building permit and to complete the project. The attached exhibit includes the necessary findings and condition. • 0 EXHIBIT A: APPROVAL OF PA82 - 003 NAUGLES, INC. On October 25, 1982, the City Council of the City of Dublin took the following actions regarding planning application PA82- 003 NAUGLES, INC. , a categorical exemption and conditional use permit to allow a drive-in restaurant in a C-2 General Commercial District at 6568 Village Parkway, Dublin, Assessor Parcel Number 941-1401-21-1 : A. Found the project to be caregorically exempt, Class 5, Minor Alteration in Land Use Limitation B. Found the following regarding the Conditional Use Permit: 1 ) The project is required by the public need for drive-in restaurant facilities 2) The project is properly situated in relation to other land use, transportation, and service facilities. 3) The project, as conditioned, will not have substantial adverse effects on health or safety or be substantially detrimental to public welfare or injurious to property or improvements.. 4) The project will be consistent with the intent of the C-2 District to provide for business and commercial activities to serve the community. C. Approved the project subject to the following specific conditions: 1 ) Relocate drive-up window on south or west side of building to allow a minimum of 45 ft from the public right of way, for 2 full size vehicles to safely stop while a full size vehicle leaves the drive-up window. The drive-up window location and parking layout shall be to the satisfaction of the Planning Director. 2) Provide queuing space for a minimum of 5 full size vehicles. 3) Submit a landscaping plan for the western portion of the site to the Planning Director. The Planning Director shall approve the landscaping plan, including an automatic irrigation system, prior to application for a building permit. The project's architect or landscape architect shall certify in writing that the landscaping as approved is installed prior to the final building inspection and occupancy of the project. 4) The project shall be implemented in substantial compliance with the approved plans and materials on file with the Planning Department. ' 5) The Conditional Use Permit shall expire October 25, '1983 unless the Building Permit is secured and the project is substantially completed. The Conditional Use Permit shall be revocable for cause prior to that time in accordance with the Zoning Ordinance. 4 f 0 0 RECEIVED THE MENLO COMPANY J'P ` 39 COMMERCIAL REAL ESTATE BROKERAGE DUBLIN PLANNING 1100 ALMA STREET, SUITE 200 • MENLO PARK, CALIFORNIA 94025 • (415) 327-7200 ( '1, 1'ig2- b14,671,64 , cA9kalog ttp,, Vwx, Tot_ Ot 1 6 a oh o Q � OdirQuiin, il 1 v J.Q , t C% ) uretAVA ury tn1 jj2A, 21�tc7- ur i) '''' Y m % - 1 WU iitUrf -WA ttAth pitikul Tk) OL0 Mat i)1 AAad A _, .0 . i . • ' utiD au itaAkkAirp ipt4 tif, gzu,42.40t4,\ al\ .11.CM ACNAWAN tioll Juitet.44AAA.Atlil rijo-e 464 L 4t 01-/ ii 1111“4-(2°1W • . ko O`er'- 401/4�x w4.%-c. tfAhtgAi -VAR ; " i t , Oh AAmyrad \IA Ai/ tamtukt414.4i444 NI 046 usslaD e^X_Vii tku ivairwod .b1tkD lerzreg 4 \1,(igiAilum AlltA4A 1 644(:4401- . CW11414j 11"1" . ° , v fr c u p s O r r 1 . Itxtatt L< el 0.4412A,40A0 tixd. 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