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HomeMy WebLinkAboutPC Reso 88-029 Baxter'sDnceFlrRESOLUTION NO. 88 - 029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 88-029 BAXTER'S (GRACE RESTAURANT COMPANY) CONDITIONAL USE PERMIT TO ESTABLISH A COMMERCIAL RECREATIONAL FACILITY (DANCE FLOOR) WITHIN AN EXISTING RESTAURANT AT 7300 A.MADOR 2LAZA ROAD WHEREAS, Kathleen D. Sorenson, representing Grace Restaurant Company filed an application for a Conditional Use Permit to establish a commercial recreational facility (dance floor) in an existing restaurant bar (Baxter's) at 7300 Amador Plaza Road; and WHEREAS, the City of Dublin Zoning Ordinance requires approval of a Conditional Ues Permit in the C-1 District for the operation of a commercial recreational facility (dance floor); and WHEREAS, the Planning Commission did hold a public hearing on said application on May 16, 1988; 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 Planning Commission finds that the Conditional Use Permit will not have a significant environmental impact; and WHEREAS, the Staff Report was submitted recommending approval of the Conditional Ues Permit application; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above setforth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission hereby finds: A. The use as proposed is required by the public need in that the use provides a recreational facility (dance floor) contributing to the diversity of recreational facilities available within the City. B. The uses will be properly related to other land uses, and transportation and service facilities in the vicinity, as the use is located in a major shopping complex in downtow~ Dublin on a Major Arterial Street, the proposed peak hour uses of the dance floor can be anticipated to be during late evening hours (9:00 p.m. to 1:30 a.m.) rather than at normal peak retail business hours, and therefore will nog conflict with existing commercial retail uses in the surrrounding retail shopping complex. C. The uses 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 located, as the proposed uses will be compatible with the adjoining uses. E. The approval of the Conditional Use Permit will be consis:ent with the Dublin General Plan and Downtown Specific Plan. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby conditionally approve PA 88-029 Baxter's Conditional Use Permit for a commercial recreation facility (dance floor) subject to the following conditions: 1. The dance floor area shall be restricted to the area as generally shown on the floor plan submitted with the application dated received by the Dublin Planning Department on April 6, 1988 (Exhibit A). 2. The permit shall be valid for a period of three (3) years (May 27, 1991). 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 Director upon the Director's determination that the Conditions of Approval 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. Ail activities associated with the proposed uses shall be conducted entirely within the subject building. 4. All activities shall be controlled so as not to create a nuisance to the surrounding businesseJ. 5. The Applicant shall comply with all applicable DSRSD Fire DeparTment requirements. 6. The Applicant shall obtain a valid Dance Permit from the Dublin Polide Department and shall submit to the Planning Department documentation that said permit has been obtained. 7. The Applicant shall submit to the Planning Department 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 the following: A. At all times there is dancing occurring, there will be at least two (2) bouncers on duty. B. On Thursday, Friday, Saturday, Sunday nights and/or special events there will be at least three (3) bouncers/doormen on duty in the bar/dancing area to check I.D.'s and provide facility security. C. On Thursday, Friday, Saturday, Sunday nights and/or special events there will be ag least one (1) State registered uniformed security officer providing security in front of the establis~unent and/or adjacent parking lots used by customers. (The number of security guards may be increased by the Police Department if necessary.) D. All bouncers, doormen and security guards, while on duty, will wear identifiable clothing displaying their names. E. Applicant recognizes his/her responsibility to comply with Alcohol Beverage Control regulations, specifically, that intoxicated persons shall not be served alcoholic beverages. F. During all business hours the establishment is open to the public, all permits and licenses shall be posted and available for viewing by the Dublin Police Department. G. All live entertainment or other amplified sound'must not be audible outside the structure of the establishment. -2- 10. 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. Exterior lighting shall be of a design and placement so as not to cause glare onto adjacent properties. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. There shall be no pool tables or coin-operated games maintained upon the premises at any time. Any modifications to exterior lighting shall be subject to review and approval of the Planning Department and Police Department. 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 Commission to determine whether cause is present to revoke this permit. PASSED, APPROVED AND ADOPTED this 16th day of May, 1988. Commissioners Burnham, Mack, Tempel, Zika AYES: NOES: None ABSENT: Commissioner Barnes P']~a-nnin g ~ ~ Co ' ' Chairperson ATTEST: Planning Director~ -3-