SR 05:093 - Laserfiche WebLink

UP-88-17, Union Jack Pub Review and consideration of a possible modification to or revocation of an approved conditional use permit allowing alcoholic beverage service after 10:00 p.m. for the Union Jack Pub located at 725 Main Street. Ms. Decker summarized the staffreport and noted that the Planning Commission had four alternative actions to consider: 1. Modify the existing use permit per stalTs proposed conditions; 2. Modify the use permit per amended staff conditions; 3. Suspend the use permit; or 4. Revoke the use permit. Ms. Decker advised that the use permit runs with the property, not with the owner. The Commission will consider whether the operation of the use has been consistent with the use permit, whether it has met the conditions governed under the existing conditions of the use permit, and how well it has been performing. She provided the background of the use and added that in 1988, the Pleasanton Downtown Association (PDA) and several residents opposed the use. Additional conditions on the use permit stated that the use should conform substantially to the details of the operation as shown on the original floor plan, including a full-service kitchen in the rear. If the ownership or management of the establishment were unable to control the activities of the patrons, the Commission would have the ability to bring the use permit back for consideration of its performance. Within the last several years, surrounding business and property owners have brought complaints regarding the activities of the pub due to noise, harassment, vandalism, public drunkenness, and other offensive behavior that continue to impact the surrounding businesses when they open for their own activities. During the analysis of this site, staff has relied on incident reports provided by the Police Department. Page 3 of the staff report provided the incident report breakdown for 2004, including proactive patrol checks by the police. Several comments voicing concerns from adjacent businesses were provided in the staff report. She noted that although the use permit contained a condition to provide restaurant service, the Union Jack Pub has failed to serve food for several years. Staff recommended that the Commission re-state the goals and opportunities given in 1988 to reinforce the aspect of the establishment for restaurant use. The operation of the restaurant/bar was conditioned in 1988 to include the hours of operation until 2:00 a.m.; there is only one other establishment in Pleasanton that is open until 2:00 a.m. The Police Department has indicated that many of the incidents that it has been called to address would likely be mitigated by a reduction of the hours. Staff included a condition to restrict some of the hours of operation from Sunday through Thursday to 11:00 a.m. - 11:00 p.m., and from 11:00 a.m. to midnight on Friday and Saturday. Regarding the issue of controlling the activities of the patrons, staff believed it would be beneficial that the owner engage the services of security personnel; uniformed security personnel is not necessary ifa bouncer is used. Staff believed it would be beneficial to require the business owner to clean the surrounding area for a certain distance to mitigate the debris problems that affected the adjacent business owners. Conditions 6 and 7 addressed the use of the outdoor patio for dining only. Damage has also been effected on adjacent property owners by the throwing of debris, bottles, cigarettes remains, and damage on the fence. Regarding smoking, the business must comply with Chapter 9.24 of the Municipal Code. She advised that page 8 contained a EXCERPTS: PLANNING COMMISSION MEETING MINUTES, February 23, 2005 Page 1 of 6