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Home My WebLink AboutItem 6.1 Naugles Appeal Drive in Restaurant (2) Of �J AGENDA STATEMENT Meeting Late: November 22, 1982 SUBJECT Appeal of planning application PA82-003 NAUGLES, INC. EXHIBITS ATTACHED Memo from Planning Director dated November 18, 1982; Letters from Robert Jacob dated November 3, . 1982, and September 17 , 1982. 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 relo- cated. 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 vehicle,'stacking space is provided 3) The western portion .of the site isAandscaped 4) The project is completed within one year Exhibit A would implement the Staff recommendation. --------------------------------------7---------------------------------- COPIES TO: ITEM NO. �o' THE CITY OF DUBLIN P.O. Box 2340 Dublin,CA 94566 (415) 829-A8J:� 4916 MEMORANDUM November 18 , 1982 TO: City Council FROM: Planning Director SUBJECT: Appeal of planning application PA82-003 NAUGLES, INC. GENERAL INFORMATION Subject: Conditional Use Permit to allow a drive-in restaurant Applicant/Appellant: Naugles, Inc. , 2932 East Nutwood Avenue, Fullerton, CA 92634 Representative: Robert Jacob, The Menlo Company, 1100 Alma Street, Suite 200 , Menlo Park, CA 94025 Property Owner: Jim Lange, 6500 Village Parkway, Dublin, CA 94568 Location: 6568 Village Parkway 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-1; 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 PA82-003 heard by Zoning Administrator. 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. 2 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 substantial 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) . 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. Environmental Review: Categorically exempt, Class 5, Minor Alteration in Land Use Limitation. Notification: Public notice was given by publication, posting, and mail. ANALYSIS: Circulation: The proposed location of the drive-up window may lead to traffic safety problems. (See attached diagram) . A vehicle leaving the window would cross and block the path of vehicles entering 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. Reasonable parking lot design principles would provide that: 1. Aisles shall provide for non-congestive .flow from and into the street by logical relationships with the driveways. 2. A'..two-way driveway shall lead into a two-way aisle. 3. Reversal of the . ' right-hand rule' of driving for -two-way aisles or closely adjacent one-way drives is not acceptable. The following comments regarding the proposed circulation were received . during the application review process : Road Dept. - There can be on-site operational problems when exiting traffic crosses entering traffic. Fire Dept. - Establishment of divider to channelize vehicles to the drive-up window may impair the normal flow of traffic within the parking lot. Police - Service window should be located further back allowing more space to exit than plans call for. A relocation of the drive-up window away from the street would minimize 3 the traffic safety problems and congestion at the entrance to the parking lot. 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, making the :findingsf and approving the project subject .to "conditions as follows: Find .that: - 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. Approve 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 vehicle stacking 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 fora 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 November 18, 1983, unless the Building Permit is secured and the project is substan- tially completed. The Conditional Use Permit shall be revocable for cause prior to that time in accordance with the Zoning Ordinance. The attached exhibit includes the necessary findings and conditions. November 18, 1982 PA NAUGLES03INC. Lltie ' .• _ I _ •e.._.:. _4� j:��l �.�... slat �- �r JI F•riG�. D t-;L. ! 1�1 N C4 PI - \ .':ASR• ?i4 R- � ' ' �X15.'G/._•'I •- �i'✓ �i�iPALcS •:�"c0 � q'7J =':SI'Q{I ;-��I j "f! 71?L��`.O,C: X15 I° t1�'L-.4R. a x 3� G 5�L (L z'sil t"7 - ...+;'. .• :� ::`' � �? - � ,. ...' �N a°—y -�,� , c.'� r� •�-� r� c� d � �+ :ice � �• c .��' ice', N a e r _ �YS60�UO�J F�Er�OE�J7 EXHIBIT A: APPROVAL OF PA82 - 003 NAUGLES, INC. On 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 categorically 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. Appmved 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 stacking 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 (• kla. architect or landscape, architect shall certify =in.:writing .that the landscaping as approved is installed prior to the finale 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 November .18 , 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. qw CC Meeting: November 22, 1982 Item �. l Exhibit #2 is missin g from the Staff Report RECEIYEQ. THE MENLO COMPANY s-° 1 r; 3982 COMMERCIAL REAL ESTATE BROKERAGE DUBLIN PLANNING 1100 ALMA STREET, SUITE 200 MENLO PARK, CALIFORNIA 94025 (415) 327-7200 is �91_aalK _ col ;46 ULI op � . t r t9^J '.t'. • A�. l u 6Z Ai"i of -�