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Mr. Swirl explained that a conditional use permit runs with the land and the business <br />owners and operators can change so long as the use is still in compliance with the original <br />permit. In this instance, the permit is for the bar and the change in character from country and <br />western music to hip hop or something else is not regulated by the bar permit. <br /> <br /> Ms. Dennis asked if the original conditional use permit was issued in 1995 and there has <br />been some business in there with a bar since that time? <br /> <br /> Mr. Swirl said yes but there has been some hiatus when no business was operating, then a <br />new business would start pursuant to the old permit. <br /> <br />Ms. Dennis asked if this was the first time an operator has these issues? <br /> <br /> Mr. Swirl said this is by far and away the most complaints and need for police <br />department observance of activities in and around the bar, but he believed that even with other <br />operators earlier, there were a few complaints. Usually about noise when the doors of the facility <br />were left open. <br /> <br /> Ms. Ayala referred to a remark that the Planning Commission suspended the permit <br />rather than revoking it because of selling the business and asked staff to comment. <br /> <br /> Mr. Swirl could not guess why the decision was made, however there was evidence at the <br />time that the owner of the Marque and the owner of Shabooms were negotiating the purchase of <br />the facility by Shabooms. <br /> <br /> Mayor Pico asked if Council could require a reduction in the occupancy from 400 to <br />something significantly less. <br /> <br /> Mr. Swirl said Council could do that under modified conditions and could impose new <br />conditions so long as they address one or more of the reasons why this was brought back to the <br />Planning Commission and Council. <br /> <br /> Mayor Pico asked if it would be an appropriate condition to require that the access to the <br />club be from the Chabot Drive area. <br /> <br />Mr. Swirl said yes. The floor plan of the facility would have to be modified to do that. <br /> <br /> Ms. Michelotti referred to the proposal that part of the facility be a pizza parlor and asked <br />what steps had to be taken for that. <br /> <br /> Mr. Swift said the applicant has made that as a suggestion that he could accept. Council <br />could approve that tonight. If that is the route the owner chose, staff felt the best process would <br />be to cease the current use and apply for a permit for the new use. During that process the <br />applicant could work out the details of occupancy, exiting an event area, or the dance club in the <br />rear of the pizza parlor. <br /> <br />Pleasanton City Council 18 09/03/02 <br />Minutes <br /> <br /> <br />