HomeMy WebLinkAboutPCReso 94-09 PA94-006 Dublin Corral CUP RESOLUTION NO. 94 - 09
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 94-006 DUBLIN CORRAL CONDITIONAL USE PERMIT TO ALLOW A
DANCE FLOOR FOR PUBLIC DANCING WITHIN THE LOUNGE AND BAR OF THE
RESTAURANT LOCATED AT 11851 DUBLIN BOULEVARD
WHEREAS, Mike Barbour, General Manager of the Dublin Corral, has
filed an application for the approval of a Conditional Use Permit to
allow a dance floor for public dancing within the lounge and bar of
the restaurant which is located at 11851 Dublin Boulevard in the
Dublin Square Shopping Center; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on March 7, 1994; 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 l(a); 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.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
Ae
The proposed project will serve a public need by providing
an additional recreational and entertainment use for the
community.
Be
The use will be properly related to other land uses and
transportation and service facilities in the vicinity, as
the proposed use will be compatible to the type and nature
of operations typically found in the neighborhood.
Ce
The use, 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.
De
The use 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 insure conformance with the Zoning Ordinance.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 94-006 Dublin Corral Conditional Use
Permit subject to the following conditions and restrictions.
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 subject to Planninq Department review and approval.
The following codes represent those departments/agencies responsible
for monitoring compliance of the conditions of approval. [PL]
Planning, lB] Building, [PO] Police, [PW] Public Works, [ADM]
Administration/City Attorney,[FIN] Finance, IF] Dougherty Regional
Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda
County Department of Environmental Health.
PA 94-006 is approved to allow a dance floor for public dancing
within the lounge and bar of the restaurant located at 11851
Dublin Boulevard, as generally depicted by the modified floor
plan labeled Exhibit B, stamped approved and as specified by the
conditions of approval. [PL]
Operating hours for public dancing within the lounge and bar
shall be from 8:00 p.m. to 1:00 a.m. [PL, PO]
The Applicant shall maintain at all times a valid dance permit
issued by Dublin Police Services, and the dance floor area must
comply with the Public Dance requirements as specified in Chapter
5.52 of the Dublin Municipal Code. [PO]
The Applicant shall submit evidence to the Planning Department
that the Public Dance Permit requirements specified by Condition
#3 have been met. [PL, PO]
No loudspeakers or amplified music shall be permitted to project
or be placed outside of the building. All activities associated
with the dance permit use shall be conducted entirely within the
building. [PL, PO]
The Applicant shall monitor and control any/all noise that is
generated as a result of the live music performances and/or
public dancing and any other disturbances inside or outside the
restaurant and lounge so as not to create a nuisance to the
existing or surrounding businesses. [PL, PO]
The Applicant shall comply with any/all Alameda County
Environmental Health Department and Dougherty Regional Fire
Authority regulations and requirements at all times. [CO, FI
No exterior or interior modifications or the relocation of the
Dublin Corral within the Dublin Square Shopping Center, 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]
On at least an annual basis, this Conditional Use Permit shall be
subject to Zoning Investigator and Police Department review and
determination as to compliance with the conditions of approval.
[PL, PO]
10.
This approval shall be null and void in the event the approved
dance permit use ceases to operate for a continuous one year
period. [PL]
11.
This permit shall be revocable for cause in accordance with
Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of
the terms of conditions of this use permit shall be subject to
citation. [PL]
PASSED, APPROVED AND ADOPTED this 7th day of March, 1994.
AYES:
Commissioners Burnham, Downey, North, Rafanelli and Zika
NOES: None
ABSENT: None
Planning Commission Chairperson
ATTEST:
Planning Directo~