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HomeMy WebLinkAboutPC Reso 86-003 PA 85-102 Dublin West Restaurant Dance Floor /1 /1 RESOLUTION NO. 86-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 85-102, DUBLIN WEST RESTAURANT CONDITIONAL USE PERMIT TO ESTABLISH A RECREATIONAL FACILITY (DANCE FLOOR) WITHIN AN EXISTING RESTAURANT AT 11891 DUBLIN BOULEVARD WHEREAS, Kamran Nassiri, representing Kermaninejad & Nassiri, Inc., filed an application for a Conditional Use Permit to establish a recreational facility (dance floor) in an existing restaurant at 11891 Dublin Boulevard; and WHEREAS, the adopted City of Dublin Zoning Ordinance restricts the operation of a commercial recreational facility until a Conditional Use Permit is secured; and WHEREAS, the Planning Commission did hold a public hearing on said application on January 20, 1986; 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 Planning Commission finds that the Conditional Use Permit will not have a significant environmental impact; and WHEREAS, the Staff Report was submitted recommending the Conditional Use Permit application be approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above setforth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission hereby finds: A) The modification of the use of the subject restaurant to provide for a recreational facility (dance floor) serves the public need by expanding the range and diversity of available recreational facilities. B) The uses will be properly related to other land uses, and transportation and service facilities in the vicinity, as the proposed peak hour uses of the restaurant and dance floor can be anticipated to be during early and mid-evening hours rather than at normal peak-hour business periods, and therefore will not be in conflict with existing office uses in the adjoining office complex. -1- n 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 to be located, as the proposed uses will be compatible with the adjoining uses. E) The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said application as shown by materials labelled Background Attachment 1 on file with the Dublin Planning Department, subject to the following conditions: 1. Development shall be generallyas shown on the flo or oor plan submitted with the application dated received by the Dublin Planning Department on November 8, 1985. 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 is issued to the applicant, Kermaninejad & Nassiri, Inc., only, and shall not be transferable. 3. The permit shall be valid for a period of three (3) years, at which time it shall be necessary to apply for renewal. Failure to establish the use within one year of the effective date of the permit will cause the permit to become null and void. The uses established under this permit shall be subject to review after the one-year anniversary of initiation of use of the dance floor to determine compliance with the above conditions and/or to determine what additional requirements may be needed to be imposed. The Planning Director may refer the matter back to the Planning Commission for disposition. 4. 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. 5. Prior to the issuance of a building permit or establishment of the propsed use, detailed floor plans of the dance floor and surrounding seating/assembly shall be prepared by the applicant and submitted for review and approval by the Planning Director. 6. Any new signs proposed to be established for this use shall be subject to review and approval by the Planning Director as regards size, location, copy and construction materials and design. 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. 7. All activities shall be controlled so as not to create a nuisance to the existing and/or future adjoining businesses. 8. The applicant shall comply with all requirements of the Dublin Building Department. 9. Prior to the issuance of a building permit for the establish- ment of the proposed use, the developer shall submit a letter documenting that the requirements of the DSRSD Fire Department have been satisfied. -2- n 10. In conjunction with this proposed interior modification, the entire exterior of the building shall be upgraded as regards to paint, window treatment, roof drainage, etc., to an acceptable "first-class" status. A work program outlining the remedial repairs shall be submitted for review and approval by the Planning Director, and the work outlined in the approved work program shall be completed within 120 days of the establishment of the dance floor. 11. The required handicapped parking space(s) shall be upgraded as regards identification, width and ramp access, to meet minimum State requirements (see Attachment A). 12. A Dance Permit shall be secured from the Alameda County Sheriff's Department before the dance floor is established. (The applicant is advised to contact Glenn Salmon of the Edentownship Substation at 577-1055 regarding the Dance Permit.) 13. The driveway areas immediately adjoining the subject property shall be marked and maintained as "No Parking" areas in a manner acceptable to the DSRSD- Fire Department. 14. Prior to the issuance of a building permit or establishment of the proposed use, the applicant shall document that the Declaration of Restrictions and Grant of Easements prepared in conjunction with the 1362nd Zoning Unit have been recorded to provide nonexclusive easements to each of those parcels subject to the General Provisions established for the 1362nd Zoning Unit for pedestrian and vehicular ingress and egrees and parking of vehicles of owners, tenants, agents, employees, and invitees. 15. 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 cause for the initiation of hearings before the Planning Commission to determine whether cause is present to revoke this permit. 16. Except as specifically altered by the above conditions, operation of the subject restaurant shall continue to be controlled by Resolution No. 79-63 of the Alameda County Planning Commission (see Attachment B). PASSED, APPROVED AND ADOPTED this 20th day of January, 1986. AYES: Commissioners Barnes, Burnham, Mack, Petty and Raley NOES: None ABSENT: None P annin Commission Chairperson ATT T• lanning Director -3-