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Home My WebLink AboutPC Reso 91-031 PA 91-039 Lyons Brewery CUP wine and beer pub expand to com/rec use (dance floor and live music) • RESOLUTION NO. 91 - 031 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. - 1 - • i'1 n 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, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration, [FIN] Finance, [F] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] 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] - 2 - • 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: Commissioners Barnes, North, Rafanelli and Zika NOES: None ABSENT: Commissioner Burnham "/�� d///l/// Planning o in s ion Chairperson ATTEST: Planning Director ` - 3 - r—>t too Xi N 911'32•W 4011.29' o. k\'.. ( T,i corn o I $ OD rz S o o �n410 $ '1 G) A I � i itr C z � X U -) . i- 1 J111 1NI I IUI I I giil 9 ______ . 1 H I I I I I I C r` ail lih_ii G H X aIS i�. / X i 1 1i:a 40 21. m 0r V cur, o CN = —, • Q Z n VQ1Nen 0 X 4 M • - AO O a v� c a r _ 0: I Pu O l a zo 8 F� p F Cit of Val a „ vg <N A F b .D I INt UK I �l F7 7 - r/utt Q By: LPROPOSED NEw I BUILDING I H ls I 2100 SO. FT. 1 33 if I % IF F'I I. PA : S[Bit M,Zf.It.6 N r i Resolution No -. —— momAr �' "!st1 tion Dal% . - - SAN RAMON ROAD 7 1 3 c*LS �'1 ''4 9-• L i i_ 1 j POT sP EXHIBIT , -a_ ,8_1 O PAGE of /° . i . Y T • B9uC 14g4 • • . .• . . • . I h ro III — -_•_— '� • - 1 . I_AO O 0 0 0 N=---T ; ♦ O 4, . : • •• I,,.. OIa II • - .a .e . . . , • P I, 1• pO In I1� a • b D- I • i . o v I Q i . _ z •tO . _ _ _ _ � 03, _ . N ly 7 • � J xS1 d -4-8 ► I2 X Z y v 000 m City of Dublin 1 R.E-C E IV ED APPROVED ' JUN17.1991 By' PLAVut&ti eo fsa DUBLIN PLANNING RECEIVED Date: -A1htr_S t Ly1f c11,-7�.31 . NPR 3 91991 PA#: 611 -OM YoVS getAdEe Y DUBLIN?I-Pa-NI 4iressituei ND,. 11 -031 G�i9� Resolution Datf D41Air MI EXHIBIT A. -tptFo4