PC-2009-41, PCUP-234, SAN JOSE ARENA MANAGEMENT

Resolution No. PC -2009-41 Page Two 2. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. The proposed project, as conditioned, would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The sports bar is proposed in the ice center. As conditioned, employees who serve alcohol at the sports bar will undergo a training program such as TIPS (Training for Intervention Procedures) that is designed to prevent intoxication, underage drinking, and drunk driving. This proposed conditions of approval for the applicant's request provide the City the ability to ensure that the use meets its conditions of approval. The applicant can be required to mitigate any nuisances, noise, or problems should they arise. Therefore, if the sports bar operates in the manner proposed and as conditioned, the use will not detrimentally impact the surrounding properties, and, hence, this finding can be made. 3. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. The site's pre -zoning of PUD -P allows for special considerations regarding the manner in which development occurs. As conditioned, the use will be required to obtain all necessary approvals from the Department of Alcoholic Beverage Control (ABC) prior to occupancy. In addition, the use is required to mitigate any nuisances, noise, or problems, should they arise. Therefore, this finding can be made. WHEREAS, the Planning Commission determined that the proposed ice-skating center with a pro shop and restaurant with a bar would be compatible with the existing uses in the area. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PLEASANTON RESOLVES THE FOLLOWING: Section 1. Recommends approval of Case PCUP-234, the application of San Jose Arena Management for a Conditional Use Permit to establish allowed uses and the construction of community park -related improvements, including an approximately 141,679 -square -foot two-story ice-skating center with a pro shop, restaurant with a bar, and related site improvements on 17 acres located southwest of the intersection of 1-580 and EI Charro Road (Staples Ranch), subject to the conditions shown in Exhibit A, attached hereto and made part of this case by reference. Section 2. This resolution shall become effective 15 days after its passage and adoption unless appealed prior to that time.