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)
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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-
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RESOLUTION NO. 92 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
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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 -
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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
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ATTACHMENT
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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.
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Johnson Clark '
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ATTACHMENT 2-
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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.
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Johnson Clark, Partner
r~L~m-in Ho\vard Johnson
;/ ~6 /72--
Hotel
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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.
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ATTACHMENT Z.
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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
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VfiLtP j~,D11
Mayor
ATTEST:
2d~(1~~
City Clerk -
-5-
PAGE 2.? Gr~