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HomeMy WebLinkAboutPC Reso 89-040 PA 89-079 Jimmy O Gil's Irish Pub to expand Tavern/restaurant to est. Comm. Rec Area (dance floor) RESOLUTION NO. 89 - 040 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-079 JIMMY O'GIL'S IRISH PUB CONDITIONAL USE PERMIT TO EXPAND THE TAVERN/RESTAURANT USE TO ESTABLISH A COMMERCIAL RECREATION ACTIVITY (DANCE FLOOR) WITHIN THE EXISTING BAR/RESTAURANT AT 6991 DONLON WAY WHEREAS, James Kleimer, representing Jimmy O'Cil's Irish Pub filed an application for a Conditional Use Permit to expand the tavern/restaurant use to establish a commercial recreation activity (dance floor) in the existing bar/restaurant facility at 6991 Donlon Way; and WHEREAS, the Planned Development District requires approval of a Conditional Use Permit for tavern use and the Applicant is requesting to expand the tavern/restaurant use to include a dance floor (commercial recreation activity); and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be categorically exempt, Class 1, Section 15301, existing facility involving negligible or no expansion of use beyond that previously existing; and WHEREAS, the Planning Commission held a public hearing on said application on July 17, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission heard and considered 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 use as proposed is required by the public need in that the use provides a recreational activity (dance floor) contributing to the diversity of recreational activities 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 adjacent to a major office complex on a major arterial street. The proposed peak hour use of the dance floor is anticipated to be during late weekend evening hours (9:30 p.m. to 1:30 a.m.) rather than at normal peak office business hours, and therefore will not conflict with existing office uses in the surrounding office 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. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 89-079 Jimmy O'Gil's Irish Pub Conditional Use Permit to expand the tavern/restaurant use to allow a commercial recreation activity (dance floor) subject to the following conditions: -1- 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 June 16, 1989 (Exhibit A). 2. The permit shall be valid for a period of two (2) years (July 27, 1991). The approval period for the Conditional Use Permit may be extended three (3) 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. All 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 businesses. 5. The Applicant shall comply with all applicable DRFA Fire Department and Dublin Police Department requirements. 6. 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. 7. The Applicant shall submit to the Planning Department documentation that an 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. Applicant recognizes his/her responsibility to comply with Alcohol Beverage Control regulations, specifically, that intoxicated persons shall not be served alcoholic beverages. b. 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. c. All live entertainment or other amplified sound must not be audible outside the structure of the establishment. d. 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. e. Exterior lighting shall be of a design and placement so as not to cause glare onto adjacent properties. f. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. g. There shall be no pool tables or coin-operated games maintained upon the premises at any time. h. The northwest corner door shall remain closed at all times while dance activities are occurring. 9. Any modifications to exterior lighting or Conditions 8a-h shall be subject to review and approval of the Planning Department and Police Department. 10. Within five (5) days of the effective date of this permit approval, the Applicant shall remove all outdoor promotional signage displayed without prior Administrative Conditional Use Permit or Conditional Use Permit approval. 11. Prior to establishment of use, the Applicant shall submit to the Planning Director a letter verifying compliance with all conditions of approval. -2- 12. This Conditional Use Permit shall be void if any of the terms or conditions of the permit are violated. Any violations of the terms or conditions of the permit shall be subject to citation. 13. This permit shall be revocable for cause in accordance with Section 8- 90.7 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 17th day of July, 1989. AYES: Commissioners Barnes, Burnham, Mack, Okun and Zika NOES: None ABSENT: None anning Commission Cha person ATTEST: 44"2A-1.-e-1*'— Planning Directo -3-