HomeMy WebLinkAboutPC Reso 88-028 PA 88-020 Lucky Brewery Request to allow tavern tss n
RESOLUTION NO. 88 - 028
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 88-020 LYON'S BREWERY REQUEST FOR A CONDITIONAL USE PERMIT TO
ALLOW A TAVERN AT 7294 SAN RAMON ROAD, DUBLIN, CALIFORNIA
WHEREAS, the Applicant, Judy Ashworth, Owner of Lyon's Brewery,
filed a Conditional Use Permit application to allow the operation of a Tavern
at 7294 San Ramon Road; and
WHEREAS, the adopted City of Dublin Zoning Ordinance restricts the
operation of a Tavern until a Conditional Use Permit is secured;
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, notice of public hearing was published in The Herald,
posted in public buildings, and mailed to property owners within 300 feet of
the project in accordance with California State Law; and
WHEREAS, a Staff analysis was submitted recommending conditional
approval of the application; and
WHEREAS, the Planning Commission held a public hearing on May 2,
1988, to consider all reports, recommendations, and testimony;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find:
a) The use is required by the public need in that there are no taverns in
the immediate vicinity.
b) The use will be properly related to other land uses and transportation
and service facilities in the vicinity as the peak hour use of the tavern can
be anticipated to be during mid-day and early evenings and are not expected to
conflict with other businesses or roads in the vicinity.
c) The use, if permitted, under all circumstances and conditions of this
particular case, will not materially affect adversely the health or safety of
persons residing or working in the vicinity, or be materially detrimental to
the public welfare or injuries 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, as a tavern is consistent with the character of the Planned District
and the San Ramon Road Specific Plan.
CONDITIONS OF APPROVAL:
Unless otherwise specified, the following Conditions shall be complied
with prior to issuance of building permits. Each item is subject to review and
approval by the Planning Department unless otherwise specified.
1. Development shall be generally as shown on the floor plan submitted with
the application dated received by the Dublin Planning Department on March 27,
1988. Development shall be subject to final review and approval by the
Planning Director prior to the issuance of a building permit or establishment
of the requested use and shall be subject to the conditions listed below.
2. The permit shall be valid for a period of three (3) years until May 2,
1991, at which time it shall be necessary to apply for renewal. Failure to
establish the use within one (1) year of the effective date of the permit will
cause the permit to become null and void. The uses established under this
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permit shall be subject to review after the one year anniversary of initiation
of use of the tavern to determine compliance with the above conditions and/or
to determine what additional requirements may be needed to be imposed.
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. Prior to the issuance of a building permit or establishment of the
proposed use, detailed floor plans of the tavern shall be prepared by the
Applicant and submitted for review and approval by the Planning Director.
5. Any new signs proposed to be established for this use shall be in
conformance to the tenant signing program approved for PA 83-042 (sheet 6 of
Exhibit "A") and shall be subject to review and approval by the Planning
Director. Temporary signs indicating special promotional events shall not be
located on this site unless the necessary CUP or ACUP permit has been processed
and approved covering such signage.
6. The Applicant shall not allow any nuisance to be maintained or conducted
on the premises.
7. The Applicant shall comply with all requirements of the Dublin Building
Department.
8. Prior to the issuance of a building permit for the establishment of the
proposed use, the developer shall submit a letter documenting that the
requirements of the DSRSD Fire Department have been satisfied (see attachment
A).
9. Prior to the issuance of a building permit for the establishment, plans
showing plumbing fixtures must be reviewed and approved by DSRSD.
10. No dancing shall be permitted on the premises unless a separate
Conditional Use Permit is approved.
11. Hours of operation shall be limited to the following days and times:
Monday through Sunday, 10:00 a.m. to 2:00 a.m.
12. This permit shall be revocable for cause in accordance with Section 8-
90.7 of the Dublin Zoning Ordinance. Non-compliance 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 May 2, 1988.
AYES: Commissioners Barnes, Burnham, Mack, Tempel
NOES: None
ABSENT: Commissioner Zika /)
lann g Commission Chairperson
ATTEST:
Planning Director
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