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Home My WebLink AboutPCReso 97-25 PA97-034 Athens NegDec/CUPRESOLUTION NO. 97 - A RESOLUTION OF THE PLANNING COMMISSION ':~ ~',(~:'i OF THE CITY OF DUBLIN APPROVING PA 97-034 MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM AND CONDITIONAL USE PERMIT REQUEST FOR ATHENS BY NIGHT PUBLIC DANCE FLOOR WHEREAS, Steve and Patricia Taxidis have requested approval of a Conditional Use Permit for a public dance floor at 6999 Dublin Boulevard as part of Athens By Night, in a C-2 Zoning District; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, an Initial Study was conducted finding that the project, as proposed, would not have a significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this application and is on file in the City of Dublin Planning Department; and WHEREAS, a public review period was held on the Negative Declaration from October 20, 1997, through November 8, 1997; and WHEREAS, one comment was received during the public review period on the Negative Declaration; and WHEREAS, as a result of that comment three mitigation measures were added to the Negative Declaration and a mitigation monitoring program pursuant to Public Resources Code Section 21080.6 was prepared; and WHEREAS, the Mitigation Monitoring Program is available and on file in the Planning Department; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on November 10, 1997; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: EXHIBiTG 1 A. The Athens By Night Conditional Use Permit project That based upon a review of the analysis of pertinent environmental issues presented in the Initial Study, the Planning Commission has hereby found and determined that the mitigation measures have reduced any impacts of the project to a level of insignificance and that the project will not have a significant effect on the environment. B. The Mitigated Negative Declaration and Mitigation Monitoring Program has been prepared and processed in accordance with State and local environmental laws and guideline regulations. C. The Negative Declaration is complete and adequate. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approved the Mitigated Negative Declaration and Mitigation Monitoring Program for Athens By Night public dance floor (PA97-034) (Exhibit E to the Staff Report). NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does find that: Ao The proposed use serves the public need by providing a location for cultural enrichment through Greek dancing, and entertainment in the community where none presently exists. The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be conveniently located adjacent to Dublin Boulevard in a retail zoning district. Additionally, conditions of approval will ensure ongoing compatibility with adjacent commercial and residential uses. The proposed use will not materially adversely affect the health of safety of persons residing or working the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations and conditions will be met. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. The project is consistent with the intent of the C-2 Zoning District which encourages general commercial uses adjacent major arterials. E. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 97-034 Conditional Use Permit for the public dance floor at Athens By Night as generally depicted by the staff report and the materials labeled Exhibit A to the Staff Report, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions: coNDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subiect to Planning Department review and approval. The followinq codes represent those departments/agencies responsible for monitorinq compliance of the conditions of approval. [PL.] Plannin.q, [BI Building, [PO] Police, rPVV] Public Works [ADM] Administration/City Attorney, [FIN} Finance, IF] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. 2 NO CONDITION TEXT RESPON. WHEN REQ. AGENCY GENERAL CONDITIONS 1 This approval shall become null and void in the event the PL Ongoing approved use ceases to operate for a continuous one-year period. 2 This permit shall be revocable for cause in accordance with PL Ongoing Section 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 3 The Developer/Property Owner shall be responsible for clean- PL Ongoing up and disposal of project related trash to maintain a clean, litter-free site. 4 Prior to the issuance of building permit all applicable fees shall B, PL, ADM BLDG be paid. These fees shall include, but not be limited to, those fees required by City Ordinances such as Traffic Impact Fees, School impact fees, Fire impact fees, or any other that may be adopted. The Tri-Valley Transportation Council is presently studying the development of a Regional Transportation Impact Fee. In addition, all fees required by DSRSD, ACF, Zone 7, shall be paid in accordance with those Agencies' ordinances and regulations. 5 The Developer shall comply with applicable Alameda County F, PW, PO, BLDG Fire, Dublin Public Works Department, Dublin Building Z7, DSR, PL Department, Dublin Police Service, ,Alameda County Flood Control District Zone 7, Alameda County Public Health, and Dublin San Ramon Services District requirements. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 6 To apply for building permits, the Developer shall submit nine B BLDG (9) sets of construction plans together with final site plan and landscape plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of these conditions of approval. The notations shall clearly indicate how all conditions of approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Developer will be responsible for obtaining the approvals of all participating non- City agencies prior to the issuance of building permits. PUBLIC SAFETY 7 The automatic fire sprinkler system shall be inspected to assure F BLDG adequate coverage for the new area. Necessary tenant improvements on the system shall be completed prior to use of the area. 8 Aisles to the exit door shall be maintained at all times. This F ONGOING may require the relocation of movable tables and chairs. 9 Exit sign and emergency lighting shall be provided for the north F BLDG AND door. ONGOING NO CONDITION TEXT RESPON. WHEN REQ. AGENCY 10 Assembly Occupancy permit shall be maintained on an annual F ONGOING basis. 11 Occupant load shall be posted in accordance with the Uniform F ONGOING Building Code. 12 Prior to opening for business, the public dance use shall have a PO OCCUPANCY permit approved by the Dublin Police Department, under Section 5.52 of the Dublin Municipal Code. COMPATIBILITY '13. On Thursday, Friday and Saturday evenings a security guard PO, PL ONGOING shall be on duty in the parking area from 8:00 p.m. until the last customer has left for the evening. The security guard shall ensure that there is no loud, disorderly conduct in the parking area. '14. Athens shall use the trash enclosure closest to their business PL ONGOING only during Thursday, Friday or Saturday evenings. '15. The Rot wall/lattice comb~?m.t~on between the shop '~Pmg~nter PL, B ~. BLDG and 6401~an.d 6409 Ebensburg ~a..ll be modified to be a 6 solid block wal~----..~ "%.._. PASSED, APPROVED AND ADOPTED this day of AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Community Development Director G:\pa97-034\cupres 4