SR 05:093 - Laserfiche WebLink

the goals of the Downtown Specific Plan, nighttime eating and drinking establishments are appropriate uses within the Downtown so long as they abide by conditions of approval that regulate their operations so they do not create negative impacts to surrounding uses and to the Downtown in general. It is unfortunate the Union Jack Pub failed to take the necessary steps to be a good neighbor, yet staff agrees with the Pleasanton Downtown Association that one bad apple not "poison" the property for future tenants. Staff believes the Planning Commission's amended conditions of approval will ensure that the surrounding uses and properties are no longer adversely impacted by businesses wishing to employ the use permit at 725 Main Street. Aside from being much more restrictive than the original use permit, the amended permit specifies a timeframe for the Planning Commission to review the use--six months after the start of operations--thereby ensuring that a new owner/operator complies with these new conditions. Appellants Dan Straface and Mike and Linda Periclakes are also appealing the Planning Commission's action. They feel the amended conditions are burdensome, especially condition number 6, which requires the business/property owner to keep the area 100 feet from the north and south limits of the property in a clean and orderly manner at all times; and condition number 8, which requires the owner to repair an adjacent wooden fence located in the parking lot, install a 6-foot chain link fence adjacent to it, maintain both fences in good repair and repair any damage to either fence caused by patrons. The appellants feel that these conditions, without requiring a determination of cause or blame, place the owners and any future tenants unfairly in the position of neighborhood steward. To address the appellants' concern, staff notes that only a business wishing to employ the use permit (i.e. serve alcohol past 10:00 pm), is required to abide by the conditions of approval. Condition No. 6' Condition number six is typical for business having potential offsite impacts, such as bars. Condition No. 8: It has come to staff's attention that the "adjacent wooden fence" does not border the property located at 725 Main Street. Staff recommends rewording the condition to the following: The property owner shall make a good faith effort to work with the neighboring property owner to repair the existing wooden fence located in the parking lot between 347-351 St. Mary Street and 446 St. John Street, and install a 6-foot chain link fence adjacent to it to prevent patrons from cutting through to gain access to 725 Main Street. The property owner shall a make a good faith effort to work with the neighboring property owner to maintain both fences in good repair and immediately repair any damage caused by patrons. It must be reiterated that on almost a daily basis, neighbors were forced to clean up after, repair damage by, and be subjected to intimidation by patrons frequenting the business located at 725 Main Street. Staff is cognizant that property owners and managers are limited in controlling their tenants' operations. However, the former do have a stake in the community as well as a responsibility to uphold the standards of the neighborhood. Therefore, staff believes that the proposed conditions are appropriate. SR:05:093 Page 5