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HomeMy WebLinkAbout03-02-1992 Item 8.1 92-005 Howard Johnson CUP TO: FROM: PREPARED BY: SUBJECT: GENERAL INFORMATION: CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: March 2, 1992 Planning Commission Planning Staff f( '(J\D'M Ralph Kachadourian ~ Assistant Planner/Zoning Investigator PA 92-005 Howard Johnson Conditional Use Permit PROJECT: APPLICANT/ PROPERTY OWNER: LOCATION: ASSESSOR PARCEL: PARCEL SIZE: GENERAL PLAN DESIGNATION: DOWNTOWN SPECIFIC PLAN DESIGNATION: EXISTING ZONING AND LAND USE: Conditional Use Permit request to continue the existing operation and use of a beauty shop, gift shop, offices, a commercial recreation use of a dance floor and the temporary retail sales and auction activities within the existing hotel use. Johnson Clark Motor Lodge Associates 6680 Regional Street Dublin, CA 94568 6680 Regional Street 941-1500-47-3 5 . 61:!: acres Retail/Office Zone 2: General Commercial C-1 Retail Business District (Howard Johnson Hotel) ----------------------------------------------------------------- ITEM NO. at- COPIES TO: Applicant Owner Address File p~G.~,~Pf l~_ SURROUNDING LAND USE AND ZONING: ZONING HISTORY: S-42l and C-2418: S-595x and C-3206: S-777x and C-3787: PA 83-002: PA 83-011: PA 84-026: PA 86-081: North: C-l (Retail Business) District Dublin Bowling Alley Alameda County Flood Control Channel/Interstate 580 Freeway M-l (Light Industrial) District Unisource Building/Warehouse San Ramon Road/Foothill Boulevard South: East: West: On March 15, 1972, the Alameda County Planning Director approved a Site Development Plan and Conditional Use Permit for a 93-unit motel and restaurant (Howard Johnson Motor Lodge) and five signs. On April 25, 1977, the Alameda County Planning Commission approved a Site Development Review and Conditional Use Permit to add 48 units to the motor lodge. On May 21, 1980, the Alameda County Planning Commission approved a Site Development Review and Conditional Use Permit to add an additional 22 units to the motor lodge. On March 28, 1983, the Dublin City Council approved a request to rezone the subject property from M-l (Light Industrial) and H-l (Highway Frontage) to C-l (Retail Business). On May 16, 1983, the Planning Director approved a Site Development Review to allow a 550 square foot addition and remodeling to take place at the main lobby area of the motel. On June 19, 1984, the Planning Commission approved a Conditional Use Permit and Site Development Review for a 77-unit addition to the existing motel. On September 15, 1986, the Planning Commission approved a Conditional Use Permit for a 28-foot tall freestanding sign on the rear portion of the site. On October 14, 1986, the Zoning Administrator denied without prejudice a Variance request to consider the existing freestanding sign as a direction sign. On November 3, 1986, the -2- PAGELor~ PA 87-014: PA 87-093: PA 87-110: PA 87-174: PA 88-042: PA 88-113: Planning Commission upheld the Zoning Administrator's decision denying the Applicant's appeal. On January 22, 1987, the Applicant withdrew the appeal. On March 2, 1987, the Planning Commission approved: a Variance request, 1) to allow a freestanding sign which is not located within the middle one-third of the lot; 2) to allow the sign to exceed the maximum permitted sign area based on setback; and 3) to allow the sign to exceed maximum permitted height based upon setback; and a Conditional Use Permit for a second freestanding sign (over 20 feet tall) located at the entrance of the Howard Johnson Hotel site. On July 6, 1987 and July 20, 1987, the Planning Commission considered a Conditional Use Permit application to construct a 26 foot tall freestanding sign setback 20 feet from the rear property line (instead of constructing the sign approved under PA 86-081). On July 10, 1987, the Applicant withdrew the application. On August 17, 1987, the Planning Director approved a Site Development Review request for an additional 28 square foot wall mounted sign on the west elevation. On January 18, 1988, the Dublin Planning Commission denied a Conditional Use Permit to allow a donation trailer in the parking lot of Howard Johnson's hotel site. On appeal (February 22, 1988), the City Council upheld the Commission's denial of the requested use permit as it was determined to be an inappropriate use on the site with the hotel and nearby restaurants. On June 6, 1988, the Planning Commission approved a Conditional Use Permit to expand the existing hotel use to allow a vehicle rental lot and office at the Howard Johnson Hotel. On October 19, 1988, the Planning Director approved an Administrative Conditional Use Permit request for temporary (five consecutive days) retail souvenir sales in the Toro Conference Room. -3- PAGE ~ or '2.3 PA 88-148: On April 10, 1989, the Planning Commission approved a Conditional Use Permit to allow the existing hotel to add a proposed beauty shop, gift shop, two small offices, a dance floor and sales activities within the hotel. PA 91-011: On February 4, 1991, the Planning Director approved an Administrative Conditional use Permit for a 30-day temporary promotional advertising display. PA 91-036: On August 7, 1991, the Planning Commission approved a Conditional Use Permit for Bay Area Rentals to continue the existing vehicle rental lot and office at the hotel site. APPLICABLE REGULATIONS: Section 5-52.020 and 5-52.060 of the Dublin Municipal Code specifies that a permit must be obtained from the Chief of Police to allow a public dance on a premises open to the public. Section 8-48.2F) specifies that a Commercial Recreation Facility (dance floor) is considered a conditional use in the C-l Retail Commercial District. Section 8-60-60 and 8-61.0 specifies that in any district, any temporary use of a duration of 60 days or less that is not categorically exempt from environmental review is considered a conditional use. 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 1 of the California Environmental Quality Act guidelines. This use consists of existing ancillary uses within the hotel involving no expansion of use beyond that previously existing. NOTIFICATION: Public Notice of the March 2, 1992, hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. -4- ~~~n ANALYSIS: The Applicant is requesting approval of a Conditional Use Permit to continue the operation and use of a beauty shop, gift shop, offices, a commercial recreation use of a dance floor and the temporary retail sales and auction activities within the Howard Johnson Hotel. The previously approved Conditional Use Permit, PA 88- 148, will expire on March 4, 1992, and no changes are proposed regarding the existing uses within the hotel. Conditional Use Permit PA 84-026, for the existing Howard Johnson Hotel use, is still valid and does not require renewal. The Applicant has requested in his written statements that a previous condition of approval, Item #8 A and B, as specified by Resolution No. 47-89 for PA 88-148 (Attachment 3) regarding security guards during dancing be consolidated for clarification. This request for consolidation of condition #8 A and B, has been incorporated into the draft resolution (Exhibit B) as Condition #7(a). The Applicant is also requesting that this Conditional Use Permit request allow the temporary sales and auction activities to occur without requiring each of their merchants to apply for separate permits. This Conditional Use Permit request would cover all temporary sales and auction activities within the hotel without the need for separate Administrative Conditional Use Permit or Conditional Use Permit approvals for each individual sales/auction merchant. The Finance Department has indicated to staff that each merchant, conducting any temporary sales or auction activity, would be required to apply for a business license. A condition regarding the business licensing requirements for each temporary sales or auction activity, has been included in the draft resolution (Exhibit B) as Condition #4. The beauty shop, gift shop and office sites currently occupy approximately 1272 square feet and primarily serve the guests and visitors at the hotel. According to the Applicant, the beauty shop and gift shop have recently been vacated and the owner is currently looking for new tenants to occupy these spaces. The Applicant still maintains the hotel office uses for management, hotel and banquet sales. The temporary retail sales and auction activities will occur within the existing conference/banquet rooms (San Miguel, Acapulco and Monterey) which occupies approximately 3200 square feet. The dance floor occupies approximately 216t square feet of floor area and is located within the bar/lounge area of the restaurant. The hours of operation for the dancing activity are from 9:00 p.m. to 1:00 a.m., Monday through Sunday. A previously approved dance permit issued by Dublin police Services will expire on April 21, 1992. Conditions have been included in the draft resolution for the Applicant to obtain a valid dance permit and to comply with Dublin police Services and Dublin Municipal Code requirements. Adequate on-site parking exists for the hotel and its related facilities with 354 parking spaces provided. The beauty shop, gift -5- PAGE 2- or 2-3 shop, offices, dance floor and the temporary sales and auction activities will not adversely impact the availability of on-site parking. All parking on the site will accommodate the existing uses within the hotel. The existing uses within the Howard Johnson Hotel have operated in compliance with the previous Conditional Use Permit requirements and no zoning violations regarding the existing uses has occurred. The application has been reviewed by the applicable City departments and affected agencies and their comments have been incorporated into the draft resolution (Exhibit B) as conditions of approval. RECOMMENDATIONS: FORMAT: 1) 2) 3) 4) 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 (Exhibit B) approving PA 92- 005, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the draft resolution (Exhibit B) approving PA 92-005 Howard Johnson's Conditional Use Permit. ATTACHMENTS: Exhibit A: Site Plan/Floor Plans/Site Layout Exhibit B: Draft Resolution for PA 92-005 Conditional Use Permit Backqround Attachments: Attachment 1: Zoning/Location Map Attachment 2: Applicant's Written Statements Attachment 3: Resolution No. 47-89 for PA 88-148 -6- /'. .. Z3 PAGE~Or- .. f J\lt(~n A-F Entrances E Elevator 50 48 Stairs 45 To Spa, Pool --- 44 42 .. Fire Exit we Rest Rooms 36 56 58 60 62 64 66 58 70 19 --- II 72 57 59 61 63 65 74 09 75 07 ... 78 Patio 05 61 fI Sltor> 79 80 03 e€'A\A'f'r $MOp 81 82 01 offl <ES 83 84 85 86 87 1 88 89 90 91 . 92 93 .- 94 front A lk>. ~'1 95 Am.oot 1)1 ... .Lobb} !:..ntry tlo..t>tlnl21 98 f . U>l>b, t.X.1T Lo I\cglon~1 ~rcct r~'( ~ ~ A..uo AwC.T1CoU A'-nVITIl:> ute "'oom $crvlcc .ne! ~&nquct we Sn..c.~ .. ~ PMC€~ l ~ A110N HOWARD JOHNSON . A[~ 241992 ......". b 80 ~<SV\"'L ~r H t 1 FLooD PtAf\1 DU UN PLANNING] 0 e '''' 12--00 'i" EXHIBIT A 5t\t"t:T I oF- t.f rN''- 7 or~ ,......'.::.C,,_._- ~. V' \ Lj=~=r I W,I"lj' \~~:=:r ~I ; r? '1%---' . {~ - ' , '" \ ,-3' ).., . . ~ --, , ' u_ , " 17);" ttW /' I ' , ,~ l..l ~ '. {(;:,I. 1:::!J'~~'J' n -- I : ,:::::. ~ ~ -a- ". I .,1 I .' ~~ cl ! ' 'f' !I"'l' ~ Ii: "2:01 I : ' I' ~, _,_ _" rc-:-= ' . ,;;~ : :-' ! ~; I I' . 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" l,-~ 1;1 ./i i : i .: ~f i i I i I I ~'I ~i~r ! . .....-....l ;:~~ ~ ..=>di ')..~..... ~ '" . _. .. . .. - _. ... .'~. on ;.: -l- -' G?I i,--:i ' :'~, i 'Ii r- .r~,,! .j ,- I H7Y\i ~~Ia.~~ ~ .: (}J" I 1_, '@' '" . I ~ Hi -. ; -:- "",r.'t i\' :, " _._~~.' "., I; I I z.. ')-1JL I - ! .. , . ~ t Ii ,- [, I, .! ~ .. . ~ .' l' , U -.- --.-. ---.. ------ ----.---- : ! r-...~---.--I L~ 'd 1'''(1 I ~ ___~l'" ; ---_.._--~._-- . ;". 1 i . ~ -;3 J.\N(\ ~n . ----1 I '1 JJl"ln wi ,--1' \7.. i". EXHIBIT s~ 2.'*'-{ 1\ =>0. A ,. 8 .. 23>- PAGc_Or- . ',- .... , ' . .' ',(: . ..-', .....:: o . 0 .: , > J i "~,: ... . :;. ~ .,.~' ~, REC"E1VEDj JAN 2,4 199L) bb~o (2d:rl~& Due\.\N pI.ANNI~9 q~~:~. , :: '< &. o. ,_ ".,.,'~. > - r;?l , ~, . '.. ~ '..F, :r~. ; , t., , ,:"'-:- -, ,--..- ' ' ~ o ~ :2 'lu ~ M -it) R'~ ~. . ~ , , ; ~ .....~. -_.,. ". .. -:? '" .---c. - ,. . ",:. '<!D . ~7 'j IT 0 .. ' . 0, . ',,; '(',,'ill ." .. .@ :s w ..... ' , fa' N " . ..- ~, co( :--.:0. ~ ~I \) \t. ;, ~ '-~O. 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I...., = ':= ::'-. ,'/' ~~/" // /' -'---, /' ~/ \ ,---/ ,- \ \. \ \V \ - \'9 -- \ \ p~ ~:Ol~:;, ~,\);,-: (....,,! J'/ ~,~ HOIJ.IOOV "l'lIl'LL ~:~ W "1 J 1.l1t "I ~ ~ II II ~~,... '1 I' II 11'- 'l ), II II. l"",~ Q J1 :-,':-:~ j:.;,~ f ': ~~: n I' ~ 'I . , 11q 8: ; .~J111 1 t! :.:-h,T e I! . :Hl- 'i ii ~ " - )-1 - .... j "I " .! RECEIVED JAN 2 4 1992 hoBO RJib DUBUN PLANNIN q,--z, -coS" 5... " .1 F 11 i 'f'INIfO~"":) NI,sno JJ:JlUS .....HOI::)lll 0.." -.. .... - ~.u~~ IIIl19IlI IllIll8lI1llIIU 3D001 IlOJ.Oi'l S.NO$rmOr (' \OH HO;t S,",OI.1Vtf3.:.,V' ONV S!'wO;.1I~"," . ~ Hi [.~ ill :~: .i. - -"'1" ! II t I ~ I ;. 'i . ... : ~: : =1: . .I~" . _ 0 .. - .. ~ .- -. ~.. .... ..~ .. J; . .' - ..." ~~ J1 ! l,~ I I 1 ~ ~ . ". 0' '0 " (i?';7~r.~._ J . , " o ! ,1' I I I I j! l! "~-_., : :;'" i ! ....~. ! : ! ,.. //.10. , ' ---"1--:--- ~-TT~ i I I c' J ." ," 0; _:~olr;; ;'! 0",>. 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"lAi';;: /0 0 r ...--- ,Z?> ....- RESOLUTION NO. 92 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN --------------------------------------------------------------------- APPROVING PA 92-005 HOWARD JOHNSON'S CONDITIONAL USE PERMIT REQUEST TO CONTINUE OPERATION OF AN EXISTING BEAUTY SHOP, GIFT SHOP, OFFICES, A COMMERCIAL RECREATION USE OF A DANCE FLOOR AND THE TEMPORARY RETAIL SALES AND AUCTION ACTIVITIES WITHIN THE EXISTING HOWARD JOHNSON HOTEL AT 6680 REGIONAL STREET WHEREAS, Johnson Clark of Howard Johnson's Hotel, filed an application for a Conditional Use Permit to continue operation of an existing beauty shop, gift shop, offices, a commercial recreation use of a dance floor and the temporary retail sales and auction activities within the existing hotel use; and WHEREAS, the Planning Commission held a public hearing on said application on March 2, 1992; 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 1 of the State CEQA Guidelines; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved, subject to conditions; 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: A. The proposed project will serve a public need by providing supplemental services, temporary sales and auction activities and recreation facilities to the visitors and guests of the hotel and the general community. B. The uses will be properly related to other land uses and transportation and service facilities in the vicinity, as the existing uses will be compatible to the type and nature of operations typically found in the neighborhood. C. The uses, 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. D. The uses 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 ensure EXHIBIT 6 \\ .. 2-3 PAGE_Or- conformance with the Zoning Ordinance and the Dublin Municipal Code. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 92-005 Howard Johnson Conditional Use Permit as shown by materials labeled Exhibit A, stamped approved and 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 subiect to Planninq Department review and approval, The followinq codes represent those departments/aqencies responsible for monitorinq compliance of the conditions of approval. [PLl Planninq, [Bl Buildinq, [POl Police, [PWl Public Works, [ADMl Administration/City Attorney, [FINl Finance, [Fl Douqherty Reqional Fire Authority, [DSRl Dublin San Ramon Services District, [COl Alameda County Department of Environmental Health. 1, PA 92-005 is approved for the operation and use of a beauty shop, gift shop, offices, a commercial recreation use of a dance floor and the temporary retail sales and auction activities within the Hoard Johnson Hotel located at 6800 Regional Street, as generally depicted on the site/floor plans consisting of four (4) sheets, dated January 24, 1992, stamped approved, labeled Exhibit A, and as specified by the conditions of approval. [PL] 2. All uses as approved shall occur only within the specific areas indicated on the site/floor plan (Exhibit A). [PL] 3. The office uses shall be limited to that which is primarily oriented toward services for the hotel visitors and guests. Any other proposed uses for the offices shall be subject to prior Planning Director review and written approval. [PL] 4. Each individual temporary retail sales and auction activity shall obtain a valid business license from the City of Dublin in compliance with Chapter 4.04 of the Dublin Municipal Code. Auctions shall also obtain and submit a copy of a valid State Auctioneers Permit. The business license/auction permit shall specifically state the activity, merchandise to be sold, and location. A copy of the business license and auctioneer's permit shall be submitted to the Dublin Planning Department a minimum of four calendar days prior to the event being held. [PL] 5. Each sales/auction event shall not exceed ten (10) consecutive days. A minimum of thirty (30) days shall lapse between events for the same uses. [PL] 6. For the commercial recreation use of a dance floor, the Applicant shall obtain a valid dance permit from Dublin Police Services and comply with the Dublin Police Services Dance Permit requirements as specified in Chapter 5.52 of the Dublin Municipal Code, The - 2 - ~~~~ Applicant shall maintain a valid dance permit on a continuous basis. The Applicant shall submit written evidence to the Planning Director that a valid dance permit has been obtained. [ PL , PO ] 7. For the commercial recreation use of a dance floor, the Applicant shall comply with all applicable Dublin Police Services and Dublin Municipal Code requirements including, but not limited to, the following: [PO, PL] a. At all times while dancing is occurring, there will be at least one (1) security guard on duty to provide facility security. The number of security guards may be increased as required by the Dublin Police Services. b. The Applicant shall comply with the required State Alcohol Beverage Control regulations and requirements, specifically, that any intoxicated persons shall not be served alcoholic beverages. c. During all business hours that the establishment is open to the public, all permits and licenses shall be posted and made available for viewing by Dublin Police Services. d. The parking lot of the hotel premises shall be equipped with exterior lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. e. All exterior lighting shall be of a design and placement so as not to cause glare onto adjacent properties or businesses. Any modifications to the exterior lighting shall be subject to review and written approval of the Planning Director and Dublin Police Services. f. The Applicant shall be responsible for maintaining the hotel premises in clean and litter-free condition at all times. g, There shall be no pool tables or coin-operated games, including electronic arcade games, maintained upon the premises at any time. 8. No exterior signage shall be utilized or installed on the premises for the approved uses within the hotel. Any new or proposed signs on the site shall be subject to Planning Department review and approval prior to installation or use. [PL] 9. No modifications or relocation of the approved uses within the Howard Johnson Hotel site shall occur without prior review and written approval of the Planning Director and must comply with all applicable zoning, building code and engineering regulations, including issuance of building permits if required. [PL, B, PW] 10. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. All Activities associated - 3 - PAGEl2- or!2. with the approved uses shall be conducted entirely within the building. [PL, PO] 11. The Applicant shall control all activities so as not to create a nuisance to the existing or surrounding businesses. [PL] 12. This approval shall be null and void in the event the approved use ceases to operate for a continuous one-year period. [PL] 13. 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] 14. At any time during the effectiveness of this approval, the approval 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 shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 2nd day of March, 1992. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director - 4 - PAGE l"t or 1-3 , I I , ,,, / .' , .. / , " , , ' .' , . , , l. I , , . , , , , , , , , , , , , , , , I I I , , , , , , , , I I I , i I I I I ; ~~~ 1" I I I I , I I , I I I I I I I , , , ' . ~ \ \ 5 \ \ E PA ,'9:2--005 Col&~ Re'1ICNM... ST. l-\owa.r d .:ri)nr\5Or1~' " ',' '\ \ . \ \\ \, '. \, \ ',' . .. . . .. - - ~ . ....... .. ---"'" \ ............ \ .' , , ' . '. , , , , , , , () I ...l. $: I ...l. ATTACHMENT I ..,:.,~~ is or 2; (.A:.~ . ~ \ 6680 Regional Street Dublin, California 94568 415-828-3650 Fax 415-828-775.0 ~l HOWARD JOHNSON Hotel January 20, 1992 Members of the City of Dublin Planning Commission P.O, Box 2340 Dublin, CA 94568 Re: Use of meeting rooms at the Dublin Howard Johnson Hotel Dear Members of the Planning Commission, Dublin Howard Johnson Hotel is the only hotel in Dublin. Ever since it opened 19 years ago, it has rented guest rooms and meeting rooms. No city in the area (Livermore, Pleasanton, San Ramon, Walnut Creek or Concord) questions the lawful use to which hotel meeting rooms are to be put (with the exception of Pleasanton which requires a special use permit when there are prize fights at the Hilton because that city is concerned with the adequacy of Hilton's parking.) I ask that the City of Dublin allow the hotel to continue to rent meeting rooms by approving its conditional use permit with no time limit, but subject to the previous conditions with the exception of Item 8 A, B l : which should be consolidated to read as follows: "At all times there is d~ncing occurring, there will be one security guard. The number of security guards may be increased by order of the Police Department, if necessary." Thank you for your consideration. ~i~ , ~L- Johnson Clark ' R l'"' C ~ . '1 ::; n'- ., r: _ J \ l... U ATTACHMENT 2- . '.: . . .~ ;.-/~~; 66 e~ P-~cii oAC'- \ CUSLJi'1 ?L)\t-,:;".~li".~G <;-i- C{2.-CoS PAGE ~ or '2-3 ~ I hereby certify that title to Howard Johnson Hotel continues to be In the name of Motor Lodge Associates, a general partnership 50% owned by Dublin Land Company ,and 50% owned by Johnson and Louise H. Clark as general partners. The Howard Johnson Hotel prides itself in being a full serVIce hotel. To this end, we need to convert four guest rooms into: a small gift shop, a beauty salon and two small service related offices such as real estate or travel agents' offices. There will be no external alterations. These offer direct service to our hotel guests primarily but could attract outside customers. None of the above uses has a large traffic volume. We presently have a surplus of parking spaces. In addition, we want to legitimize our Lounge dance floor that has existed for over ten years. This is presently used by a disk jockey. The dance floor is small and seldom has more than eight couples. We also want a Use Permit to allow in our meeting rooms outside sales, such as Oakland A's memorabilia, baseball cards or antique auctions without the necessity for our customers to apply individually for permits. By saving them time and money, we can insure that they will not be lost to the many new htoels in P1easanton, and that some of the sales tax will revert to the City of Dublin. The typical customer puts on a sale for one day on the weekend. \Ve have never had a sale for more than 10 days as we can not tie up our meeting arooms longer than that. \Ve need them for community gatherings such as the Dublin Chamber of Commerce and local companies. Competition with the Pleasanton hotels IS intense. compete on an equal basis. We would like to Thank you for your consideration of the above items. ,- /" ,- / / /' , ./ '. / / ..//~ ( ~///0_""-v'_ Gc..'r~. /::-- Johnson Clark, Partner r~L~m-in Ho\vard Johnson ;/ ~6 /72-- Hotel ~~:0E:f~r~ :.. ,-. ,--,' , .. I: D -.., t I\TTJ\CU~~~~j,r'f ? r~ u :f'l fl !"::... ~ ..,.: t... __ ",.. ' " ~.- (; 'J 0'2. -:;, " >--"~ _ <?o".{:Cj i D,",C...! . .' I ~ I '\ ..', ... I....... . ? -.. f ! _J",j ~j '.il'i"-.;' L Sl q 2 -OQ 5' PAGE n or 2.:; DANCE PERMIT We at the Howard Johnson would like to provide musical entertainment in the Lounge to our guests and to the general public. Our scheduling of entertainment, such as live bands or disc jockeys, may be intermitent and varied but will usually occur between 9:00pm and 1 :OOam, ~"";< J' through ~~~J' Dancing in the lounge would occur within a designated dance area which meets and excedes the specificat- ions set forth in ordinance 60-87 (please see attached diagram). We request the issuance of a conditional use permit so that we may obtain a Dance Permit and be, therefor, in compliance with ordinance 60-87, the ordinance for the regulation of public dances. /~A~ I - ~ ~~--- (J~ ~~~~ /1 .j Ii ///1 /IOC<.AzJ d JC /] f15"/! !'TOTe. I ..... ;: (--. s ! '.1:- . . .. ./ - j I ,- D ATTACHMENT Z. . -".-" ... .. .' :,1 /r.G.. """,,_.'--.. Si 'Cc_vO .'> J\C:~\ . ,. ~ J___" ,I '-'-;.\;'~J\:;NG 12 -cc;S G PAGE 18 or '2.'3 RESOLUTION NO. 47 - 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ... -- -- -... - -... - -... - - - -.............................. --... -......... --.................. --... -...... -- -- ---................................................... --... --... UPHOLDING AND MODIFYING THE PLANNING COMMISSION'S ACTION APPROVING PA 88-148 HOWARD JOHNSON'S CONDITIONAL USE PERMIT TO ADD A PROPOSED BARBER/BEAUTY SHOP (HAIR SALON), GIFT SHOP, OFFICES, TEMPORARY RETAIL SALES A~D AUCTION ACTIVITIES WITHIN THE EXISTING HOTEL BUILDING AND A DANCE FLOOR WITHIN THE LORD DUBLIN RESTAURANT/LOUNGE AREA. WHEREAS, Johnson Clark filed an application fJr a Conditional Use Permit to establish a commercial recreational facility (dance floor) and to add a proposed barber/beauty shop (hair salon), gift shop, offices, temporary retail sales and auction activities within the existing hotel building in an existing restaurant at 6680 Regional Street; and WHEREAS, the City of Dublin Zoning Ordinance requires approval of a Conditional Use Permit in the C-l District for the operation of a commercial recreational facility (dance floor) and temporary sales; and WHEREAS, the Planning Commission did hold a p'J.blic hearing on said application on February 21, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Staff Report was submitted recomnending consideration of the Conditional Use Permit application appeal; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above setforth. WHEREAS, on February 21, 1989 the Planning Comnission adopted Resolution No. 89-005, approving PA 88-148 Conditional Use Permit for additional hotel uses including temporary retail sales and auction activities within the existing Howard Johnson's hotel. WHEREAS, the Commission action was appealed in regards to approval of the temporary retail sales and auction activities within the conference/banquet rooms of the hotel approved in PA 88-148, Conditional Use Permit; and WHEREAS, proper notice of said public hearing 'Nas given in all respects as required by law; and ATTACHMENT ~ PAGE tl.. or.z3. WHEREAS, the City Council held a public hearing on the Appeal on March 27, 1989, and continued consideration of the matter to the April 10, 1989 meeting; and WHEREAS, the City Council heard and considered all reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find: A. The use as proposed is required by the public need in that the use provides a recreational facility (danc~ floor) contributing to the diversity of recreational facilities available within the City and will provide needed supplemental services for the hotel and will fullfill a demand for temporary retail sales/ auction space. B. The uses will be properly related to other land uses, and transportation and service facilities in t~e vicinity, as the use is located in a hotel complex in downtJwu Dublin near a major arterial street, the proposed peak hJur uses of the dance floor can be anticipated to be during late evening hours (9:00 p.m. to 1:00 a.m.) rather than at normal p~ak business hours, and therefore will not conflict with existing commercial retail and restaurant uses on site and in the surrounding area. The gift shop, hair salon, offices activities ~ill serve as supplemental suport services for the hotel patrons. Temporary retail sales will be limited within the conference/banquet room areas and not impact on-site or off-site uses. C. The uses will not materially adversely aff~ct the health or safety of persons residing or working in t':te vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhoJd, as all applicable regulations will be met. D. The uses will not be contrary to the specific intent clauses or performance standards established for the District in which it is located, as the proposed uses will be cJmpatible with the adjoining uses. E. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and Downtown Specific Plan. BE IT FURTHER RESOLVED THAT THE City Council dJes hereby conditionally approve PA 88-148 Howard Johson's Conditional Use Permit for a commercial recreation facility (dance floor) and to add a ':>eauty/barber shop (hair salon), gift shop, office, temporary retail sales anj auction activities within the existing building subject to the following conditions: -2- PAGE ~ or 12.. 1. The dance floor area shall be restricted to th~ area as generally shown on the floor plan submitted with the application dated received on December 16, 1989 by the Dublin Pl~nning Department (Exhibit B). 2. The permit shall be valid for a period of one (1) year (March 4, 1990). The approval period for the Conditional Use Permit may be extended two additional years (Applicant must submit a written request for the extension prior to the expiration date of the Conditional Use Permit) by the Planning Direct)r upon the Director's determination that the Conditions of Aproval remain adequate to assure that the stated Findings will continue to be met. 3. No loudspeakers or amplified music shall be permitted outside the enclosed building. All activities associated ';o;ith the proposed uses shall be conducted entirely within the su)ject building. 4. All activities shall be controlled so as not t) create a nuisance to the surrounding businesses. 5. The Applicant shall comply with all applicable Dougherty Regional Fire Authority requirements. 6. The Applicant shall obtain a valid Dance Permit from the Dublin Police Department and shall submit to the Planning Department documentation that said permit has been obtain~d. 7. The Applicant shall submit to the Planning Dep~rtment documentation that a Alcoholic Beverage License has been obtained from the State of California Department of Alcoholic Beverage Control. *" 8. The Applicant shall comply with all applicable Police Department requirements including, but not limited to, th~ following: Revised per0 Police Dept Review and Approval @ C. D. At all times there is dancing occurring, there will be at least one (1) security officer on duty t.) check I.D. 's and provide facility security (The number of security guards may be increaesd by the Police Department, if necessary). All bouncers, doormen and security guards, while on duty, will wear identifiable clothing displaying their names. Applicant recognizes his/her responsibility to comply with Alcohol Beverage Control regulations, sp~cifically, that intoxicated persons shall not be served ~lcoholic beverages. During all business hours the establishm~nt is open to the public, all permits and licenses shall b~ posted and available for viewing by the Dublin Poli~e Department. -3- PAGE 2\ or 2.?_ E. All live entertainment or other amplifiei sound must not be audible outside the structure of the establishment. F. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. G. Exterior lighting shall be of a design and placement so as not to cause glare onto adjacent properties. H. The petitioner(s) shall be responsible fJr maintaining free of litter the area adjacent to the premises over which he has control. I. There shall be no pool tables or coin-operated games maintained upon the premises at any time. 9. Any modifications to exterior lighting shall be subject to review and approval of the Planning Department and Police Department. 10. All uses shall be as listed, and occur, only within the rooms indicated on the Site Plan and Floor PIan, received by the Dublin Planning Department on December 16, 1988 (Exhi'bit B). 11. Each individual temporary sales activities shall obtain a temporary state sellers permit or resale license. (Auctions shall obtain and submit a copy of the State Auctioneers Permit). This license/ permit shall specifically state the activity, :nerchandise to be sold, and the Dublin location. A copy of this permit/license shall be submitted to the Dublin Planning Department a minimum of four working days prior to the event being heli. 12. Each sales/auction event shal1 not exceed ten (10) consecutive days. A minimum of thirty (30) days shall lapse between events for the same user. 13. No exterior permanent signs (other than allowable window signs) shall be installed for the additional uses, shJwn on Exhibit B. 14. Office use shall be limited to that which is primarily oriented toward servicing the hotel patrons (i.e. travel agent, real estate office). Any other related office use shall be submitted to the Planning Director for review and approval. 15. Nothing in this permit supersedes any terms or conditions of previous Conditional Use Permit, Site Development Review, Variance applications on this site. -4- ~zL~ll 16. This permit shall be revocable for cause in accordance with Section 8-90.7 of the Dublin Zoning Ordinance. Noncompliance of any provisions of the above Conditions shall be cause for the initiation of hearings before the Planning Comnission to determine whether cause is present to revoke this permit. 17. Not later than four (4) working days prior to a temporary sales event or auction, Applicant (Howard Johnson's) shall submit to the Dublin Planning Department a letter which includes, but is not limited to, the following information concerning the individual or firm conducting said sales event and/or auction: a. The name, address and telephone number of the seller or auctioneer. b. The number of the State retail sales, permit or resale license of the seller. c. The number of the auctioneer's State license. d. The identity of the surety and the amount of the auctioneer's surety bonds. e. The date of the sale or auction. f. The hours of the sale or auction. g. The identity, by name or number, of the room in which the sale or auction will be conducted. h. The signature of the seller or auctioneer. Applicant shall, after submission of said lett3r to the Planning Department and prior to the event, receive written zoning approval of the Planning Director or his designee. PASSED, APPROVED AND ADOPTED this 10th day of April, 1989. AYES: Councilmembers Jeffrey, Hegarty, Snyder, Vonheeder and Mayor Moffatt NOES: None ABSENT: None o--J /' / VfiLtP j~,D11 Mayor ATTEST: 2d~(1~~ City Clerk - -5- PAGE 2.? Gr~