HomeMy WebLinkAboutItem 8.3 PA 91-039 Lyon's Brewery CUPTO:
FROM:
PREPARED BY:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: August 5, 1991
Planning Commission
Planning Staff `
Ralph Kachadourian, Assistant Planner/Zoning
Investigator
PA 91-039 Lyon's Brewery Conditional Use
Permit
GENERAL INFORMATION:
PROJECT:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
SAN RAMON ROAD
SPECIFIC PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
Conditional Use Permit request to continue
operation of an existing beer and wine pub
and expand the use to include a commercial
recreation use of a dance floor for dancing
and live music located at 7294 San Ramon Road
(Stroud's Plaza)
Judy Ashworth
7692 Arbor Creek Circle
Dublin, Ca 94568
Richard Jeha
318 Diablo Road, Suite 250
Danville, CA 94526
7294 San Ramon Road
941-40-7-2
4.74+ acres
Retail/Office
Area 3: San Ramon Road Properties
PD Planned Development (C-1 Retail Business
District Uses) Stroud's Plaza.
COPIES TO:
ITEM NO. 8.3
Applicant
Owner,
Address File
PAGE / OF L D
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
PA 83-042:
North: C-1 Retail Business (S.R.R.S.P.)
Workbench Tru-Value Hardware
South: C-1 Retail Business (S.R.R.S.P.)
Iceland Ice Skating Rink
East: San Ramon Road Right -of -Way
and C-1 Retail Business Center
West: PD Planned Development Residential
(S.R.R.S.P.) Kildara Tract 5388 174
unit multi -family residential
development
On June 11, 1984, the Dublin City Council approved
a Rezone of the property from C-1 Retail Business
to PD Planned Development.
Reso 36-83: On July 25, 1983, the Dublin City Council adopted
the San Ramon Road Specific Plan.
PA 83-063:
PA 83-064:
PA 86-050.1:
PA 88-020:
On October 24, 1983, the Dublin City Council
adopted 'Appendix A': Definitions for the San
Ramon Road Specific Plan.
On November 28, 1983, the Dublin City Council
approved an amendment to Area 3 of the San Ramon
Road Specific Plan to permit up to 25% of the
total gross floor area of shopping centers that
are four (4) acres or more in area to be for
personal service, financial institution or office
uses.
On June 23, 1986, the Dublin City Council approved
an amendment to Area 3 of the San Ramon Road
Specific Plan by establishing a sub area (Area 3A)
to permit uses generally provided for by the C-1
Retail Business District which included taverns as
a conditional use.
On May 2, 1988, the Dublin Planning Commission
approved a Conditional Use Permit to allow Lyon's
Brewery to operate a tavern at 7294 San Ramon
Road.
APPLICABLE REGULATIONS:
Section 8-48.2 N) specifies that a tavern is considered a
conditional use in the C-1 Retail Commercial Zone District.
-2-
PAGE c OF /°
The San Ramon Road Specific Plan, as amended by City Council
Resolution No. 54-86, established Sub Area 3A which permits
taverns subject to approval of a Conditional Use Permit.
Section 8-48.2 F) specifies that a Commercial Recreation
Facility (dance floor) is considered a conditional use in the C-1
Retail Commercial District.
Section 5-52.020 and 5-52.060 of the Dublin Municipal Code
specifies that a permit must be obtained from the Chief of Police
to allow a public dance on premises open to the public.
Section 8-94.0 states that conditional uses must be analyzed
to determine: 1) whether or not the use is required by the
public need; 2) whether or not the use will be properly related
to other land uses, transportation and service facilities in the
vicinity; 3) whether or not the use will materially affect the
health or safety of persons residing or working in the vicinity;
and 4) whether or not the use will be contrary to the specific
intent clauses or performance standards established for the
district in which it is located.
ENVIRONMENTAL REVIEW: The project has been found to be
Categorically Exempt from CEQA under Section 15301, Class 1 of
the California Environmental Quality Act guidelines. This use
consists of an existing beer and wine pub with minor expansion of
use beyond that previously existing.
NOTIFICATION: Public Notice of the August 5, 1991 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
ANALYSIS:
The Applicant is requesting approval of a Conditional Use
Permit to continue the operation of an existing beer and wine pub
and to expand the use to allow a commercial recreation (dance
floor) to provide dancing and live music at the Lyon's Brewery
within the Stroud's Plaza Shopping Center at 7294 San Ramon Road.
The Applicant proposes to have both dancing and live music
on Friday and Saturday nights and occasionally have live music in
the evenings during the week.
The 2840 square foot Lyon's Brewery began operation in 1988
and was approved by Conditional Use Permit PA 88-020, which
expired on May 2, 1991. The pub features 130 different brands of
beer and includes a pool table and dart boards for patrons use.
The dance floor will occupy no less than 120 square feet in area
and will be located adjacent to the stage as shown on Exhibit A.
-3-
PAGE .3 OF / D
The Applicant does not propose any physical changes or expansion
to the pub. Adequate parking exists within Stroud's Plaza for
both the pub and adjacent restaurant (Hana Japan) and the other
retail uses within the center. No traffic circulation or parking
problems exist on the property.
The City has no record of any noise or other disturbances at
this site. Conditions included in the draft resolution prohibit
loud speakers or amplified music outside of the building and
require the pub owner to control activities so as not to create
a nuisance to the adjoining businesses or to the Kildara
residential development.
Lyon's Brewery has operated in compliance with the previous
Conditional Use Permit requirements and the City has no record of
any zoning violations occurring at this site.
The application has been reviewed by the applicable City
departments and agencies and their comments have been
incorporated into the attached draft resolution (Exhibit B) as
conditions of approval.
Staff recommends approval of the Applicant's Conditional Use
Permit request for Lyon's Brewery subject to the conditions
specified in the draft resolution (Exhibit B).
RECOMMENDATIONS:
FORMAT: 1) Open public hearing and hear Staff presentation.
2) Take testimony from Applicant and the public.
3) Question Staff, Applicant and the public.
4) Close public hearing and deliberate.
5) Adopt the draft resolution approving PA 91-039, or
give Staff and Applicant direction and continue
the matter.
ACTION: Staff recommends that the Planning Commission adopt the
draft resolution (Exhibit B) approving PA 91-039 Lyon's
Brewery Conditional Use Permit.
ATTACHMENTS:
Exhibit A:
Exhibit B:
Site/Floor Plan
Draft Resolution for PA 91-039 Conditional Use
Permit
Background Attachments:
Attachment 1: Zoning/Location Map
-4-
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EXHIBIT A
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RESOLUTION NO. 91 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 91-039 LYONS BREWERY CONDITIONAL USE PERMIT TO OPERATE AN
EXISTING BEER AND WINE PUB AND EXPAND THE USE TO INCLUDE A COMMERCIAL
RECREATION USE (DANCE FLOOR) FOR DANCING AND LIVE MUSIC AT 7294 SAN
RAMON ROAD
WHEREAS, Judy Ashworth, owner of Lyon's Brewery, filed an
application for a Conditional Use Permit to operate a beer and wine
pub and a commercial recreation use (dance floor) for dancing and live
music at 7294 San Ramon Road; and
WHEREAS, the Planning Commission did hold a public hearing on
said application on August 5, 1991; 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 ; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved, subject to conditions; 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
beer and wine pub with dancing and live music 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
which it is to be located in that conditions have been
applied to insure conformance with the Zoning Ordinance.
EXHIBIT ,3
- 1 - PAGE OF / o
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve PA 91-039 Lyon's Brewery Conditional Use
Permit shown by materials labeled Exhibit 'A' on file with the Dublin
Planning Department, 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, [Bi Building, [PO] Police, [PW] Public Works, [ADM]
Administration, [FIN] Finance, [F] Dougherty Regional Fire Authority,
[DSR] Dublin San Ramon Services District, [C0] Alameda County
Department of Environmental Health.
1. PA 91-039 is approved for a beer and wine pub and a commercial
recreation use (dance floor) for dancing and live music, located
at 7294 San Ramon Road, as generally depicted on the site/floor
plan dated June 17, 1991 stamped approved, labeled Exhibit 'A',
and as modified by conditions of approval. [PL]
2. Hours of operation for the pub shall be from 11:30 a.m. to 12:00
p.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. Prior to establishing the commercial recreation use (dance
floor/dancing), the Applicant shall obtain a dance permit from
Dublin Police Services and comply with the Dublin Police Services
Dance Permit requirements as specified in Chapter 5.52 of the
Dublin Municipal Code. [PO]
4. Prior to establishment of the dance use, the Applicant shall
submit evidence to the Planning Director that the dance permit
specified by Condition #3 has been obtained. [PL, PO]
5. No loudspeakers or amplified music shall be permitted to project
or be placed outside of the building. All activities with this
use shall be conducted entirely within the building. [PL, PO]
6. The Applicant shall control activity so as not to create a
nuisance to the existing or surrounding businesses, or to the
residences at the Kildara residential development. [PL, PO]
7. No modifications or relocation of Lyon's Brewery within Strouds
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]
8. 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]
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9. This approval shall be null and void in the event the approved
use ceases to operate for a continuous one year period. [PL]
10. 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 5th day of August, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Director
Planning Commission Chairperson
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