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HomeMy WebLinkAboutReso 047-89 HoJo CUP AppealRESOLUTION NO. 47 - 89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN UPHOLDING AND MODIFYING THE PLANNING GOMMISSION'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 AD AUCTION ACTIVITIES WITHIN THE EXISTING HOTEL BUILDING AND A DANCE FLOOR WITHIN THE LORD DUBLIN RESTAURANT/LOUNGE AREA. WHEREAS, Johnson Clark filed an application fDr a Conditional Use Permit to establish a commercial recreational facility (d~nce 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 ~equires approval of a Conditional Use Permit in the G-1 District for the operation of a commercial recreational facility (dance floor) and temporary sales; and WHEREAS, the Planning Commission did hold a public 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 recommending 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 Commission 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 '~as given in all respects as required by law; and 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: 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 and will provide needed supplemental services for the hotel and will fullfill a demand for temporary retail sales/ auction space. The uses will be properly related to other land uses, and transportation and service facilities in ~e vicinity, as the use is located in a hotel complex in downtDwn Dublin near a major arterial street, the proposed peak h9ur 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 peak 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 will 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. The uses will not materially adversely affact the health or safety of persons residing or working in ~he vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhoDd, as all applicable regulations will be met. 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 cDmpatible 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 dDes hereby conditionally approve PA 88-148 Howard Johson's Conditional Use Permit for a commercial recreation facility (dance floor) and to add a beauty/barber shop (hair salon), gift shop, office, temporary retail sales an~ auction activities within the existing building subject to the following conditions: -2- 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 Planning Department (Exhibit B). 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. No loudspeakers or amplified music shall be permitted outside the enclosed building. All activities associated with the proposed uses shall be conducted entirely within the sd~ject building. All activities shall be controlled so as not tD create a nuisance to the surrounding businesses. The Applicant shall comply with all applicable DoughertyRegional Fire Authority requirements. 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 obtained. 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. The Applicant shall comply with all applicable Police Department requirements including, but not limited to, ths following: Revised per A. Police Dept Review and Approval At all times there is dancing occurring, there will be at least one (1) security officer on duty to 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, specifically, that intoxicated persons shall not be served alcoholic beverages. 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 Polize Department. -3- 10. 11. 13. 14. 15. All live entertainment or other amplified sound must not be audible outside the structure of the establishment. 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 ~nd 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. All uses shall be as listed, and occur, only within the rooms indicated on the Site Plan and Floor Plan, received by the Dublin Planning Department on December 16, 1988 (Exhibit B). 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, ~erchandise 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 held. Each sales/auction event shall not exceed ten (10) consecutive days. A minimum of thirty (30) days shall lapse between events for the same user. No exterior permanent signs (other than allowable window signs) shall be installed for the additional uses, shDwn on Exhibit B. 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 b8 submitted to the Planning Director for review and approval. Nothing in this permit supersedes any terms or conditions of previous Conditional Use Permit, Site Development Review, Variance applications on this site. -4- 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 ca'use for the initiation of hearings before the Planning Commission 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 letter 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 ATTEST: City Clerk -5- ,'t · . | : I