SR 05:093 - Laserfiche WebLink

· The use will be reviewed in six months by the Planning Commission after operation starts. At that time, the operator and/or owner will bring forward design ideas if they had not done so already through the staff administrative design review. DISCUSSION Downtown Pleasanton contains a healthy mix of retail, service, office/institutional and residential uses. The m~lange of land uses creates a vibrancy that attracts community members, visitors, and businesses alike. Although a mixture of land uses creates synergy in the Downtown's overall business, social, and cultural environments, it sometimes creates situations where one land use or business may impact others. In following the goals of the Downtown Specific Plan, the City encourages a variety of businesses and activities that draw people to the district throughout the week during both day and nighttime hours, but also works to ensure that such activities and uses are not detrimental to neighboring businesses, property owners and residents. Such has not been the case with the Union Jack Pub. The original owners of the Union Jack Pub .received a use permit to operate a restaurant/bar with alcohol sales past 10:00 pm. It is well documented that for the past several years, the pub owners failed to operate the business in compliance with the conditions of its use permit. Neighboring property owners and tenants brought numerous complaints against the pub due to issues of noise, vandalism, harassment, public drunkenness, driving while under the influence, and other offensive behavior such as public urination, defecation and vomiting by pub patrons. The original use permit's second condition of approval states, "That if, at any time in the future, the ownership and/or management of the restaurant is unable to control the activities of its patrons such that the presence of the bar is determined to be a nuisance to surrounding uses or to the City in general, the Planning Commission may review and, if necessary, revoke the subject conditional use permit." Based on these complaints, the Commission reviewed the use permit. At that time, to better curb, monitor, and mitigate the negative impacts associated with the pub, the Commission modified the use permit with the additional conditions listed above. Unrelated to Commission action, the Union Jack Pub permanently closed for business on February 18, 2005. However, the use permit "runs with the land," meaning another similar business may operate under this use permit as long as it complies with all conditions of approval. Appellant Roy Moret is not satisfied with the Commission's decision and requests that the use permit be revoked. As a neighboring property owner to the former pub, Mr. Moret and his tenants have suffered numerous adverse impacts by the former neighboring business. (Please see attached letter dated May 21, 2005.) According to his own estimates, Mr. Motet has suffered a loss of $12,649 as a direct result of having the pub in operation next door. Mr. Motet fears that the various disturbing experiences will continue should a bar reopen at this location. Staff is sensitive to the apprehension felt by neighbors of the former pub and is concerned that the pub has been not a good neighbor. Nevertheless, staff retains the belief that, consistent with SR:05:093 Page 4