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Home My WebLink AboutPC Reso 93-27 PA93-021 Lyons Brewery CUPRESOLUTION NO. 93 - 027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN --------------------------------------------------------------------- APPROVING PA 93-021 LYON'S BREWERY EXPANSION CONDITIONAL USE PERMIT FOR A 1,323 SQUARE FOOT EXPANSION OF THE EXISTING BEER AND WINE PUB WITH PUBLIC DANCING AND LIVE MUSICAL ENTERTAINMENT AT 7294 & 7296 SAN RAMON ROAD WHEREAS, Judy Ashworth, owner of Lyon's Brewery, filed an application for approval of a Conditional Use Permit for a 1,323 square foot expansion of the existing beer and wine pub with public dancing and live musical entertainment at 7294 & 7296 San Ramon Road; and WHEREAS, the Planning Commission did hold a public hearing on said application on June 21, 1993; 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(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: A. The proposed project will serve a public need by providing a more spacious beer and wine pub with public dancing and live musical entertainment for the community. B. 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. C. 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. D. The use will not be contrary to the specific intent clauses or performance standards established for the district in - 1 - ,.~...- ... _ 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 93-021 Lyon's Brewery Expansion Conditional Use Permit shown by the materials labeled Exhibit "A", on file with the Dublin Planning Department and subject to 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 subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building, [PO] Police, PW] Public Works, [ADM] Administration/City Attorney,[FIN] Finance, [F] Dougherty Regional Fire Authority, DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. 1. PA 93-021 is approved for the expansion of the existing beer and wine pub with public dancing and live musical entertainment, located at 7294 & 7296 San Ramon Road, as generally depicted on the floor plan/layout labeled Exhibit "A", dated May 7, 1993, stamped approved and as specified by the conditions of approval. [PL] 2. Hours of operation for the pub shall be from 11:30 a.m. to 12:00 a.m. Monday through Thursday; 12:00 p.m. to 1:00 a.m. Friday and Saturday; and 12:00 p.m. to 11:00 p.m. Sunday. [PL, PO] 3. The Applicant shall maintain a valid dance permit from Dublin Police Services at all times and the new dance floor area must comply with the Public Dance requirements as specified in Chapter 5.52 of the Dublin Municipal Code. [PO] 4. The Applicant shall submit evidence to the Planning Department that the Public Dance permit requirements specified by Condition #3 have been met. [PL, PO] 5. Any loudspeakers or amplified music shall not be permitted to project or be placed outside of the building. All activities associated with this use shall be conducted entirely within the building. [PL, PO] 6. The exit doors shown on Exhibit "A" shall be kept closed at all times during business hours and the exit doors shall be labeled as "Fire Exit" or "Exit Only" and be fitted with an alarm system to prevent nonemergency exiting. [PO, B, F] 7. 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 - 2 - . . brewery so as not to create a nuisance to the existing or surrounding businesses, and especially to the residences within the Kildara residential development. [PL, PO] 8. The Applicant shall comply with the Alameda County Environmental Health Department and Dougherty Regional Fire Authority regulations and requirements at all times. [CO, F] 9. No exterior or interior modifications or relocation of the Lyon's Brewery within Stroud's Plaza, 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. 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] 11. This approval shall be null and void in the event the approved use ceases to operate for a continuous one year period. [PL] 12. 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 21st day of June, 1993. AYES: Commissioners Burnham, North, Rafanelli and Zika NOES: None ABSENT: None ATTEST: ,~/' Plannin Commis n Chairperson Planning Director - 3 - .._ .. ,.,r.... ~~~ ~~ s~~ ~~ Q' v ~ - - ~ 1~ z ~. O z~ C`~ Z ~ ~., p- ti A T O ~~ ~ h w `~ ~~ ti ~T ~ u ~ Z ~ J `~ ti i 0000 - p°G,1Jh 0~0 ~~ ~~ 00 ~"; a/Y , O ~ ~ ~ 3 ~ ~' o a N ~ c,~ q ~~ ~ ~ O J W V Z e ~ 4 ~ W h ~ ~ W U' ~ W m ~ i e 0 ti ti ~W z 0 ~ ~ lFW~ k ~ CJ V ac a O W W ~ ~ O o r-- ~ o! 0000 0 0 0 0 ~ F~ ~ ~ G O ' O 0 c ~ O ~ ~ --- r- - -~ o ~ I o ~ ~ ~ ~ i O o i ~~ ~ I I ~ ~ I W .~ ~ ~ q ti c~ ~ ~ .n p e 3 Q C~'J ^ ~ ~ O C ~ K 5 ~ e ~ ~ ~ ~ e ~ ~. 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