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Planning Commission
Staff Report
December 8, 2004
Item 6.c.
SUBJECT: PCUP-129
APPLICANT: Mari Kennard
PROPERTY OWNER: James Byrd
PURPOSE: Application for conditional use permit approval to serve beer,
wine, and spirits after 10:00 p.m. (until 1:00 a.m., Monday through
Saturday, and until 11:00 p.m. on Sundays) for The Oddfellows
British Pub and Restaurant.
GENERAL PLAN: Retail, Highway, and Service Commercial; Business and
Professional Offices
ZONING: Zoning for the property is Central Commercial (C-C), Downtown
Revitalization, Core Area Overlay District.
LOCATION: 336 St. Mary Street
ATTACHMENTS: 1. Location Map
2. Exhibit “A,” Written Narrative, Site Plan, Floor Plans, and
Menu
3. Exhibit “B,” Staff Recommended Conditions of Approval
4. Letter from Terri Pulliam, Danville Police Department
5. Letter from Christine Salidivar, Pleasanton Downtown
Association
6. Photograph Inside The Crown British Pub and Restaurant,
Danville, CA
I. BACKGROUND
The applicant currently owns and operates The Crown British Pub and Restaurant in the Town
of Danville. The applicant would like to establish a second restaurant in Pleasanton using the
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same menu that would be located in the soon to be refurbished “Odd Fellows” building at
328/336 St. Mary Street. The applicant wishes to serve alcohol at the restaurant after 10:00 p.m.
Restaurant establishments that serve alcohol after 10:00 p.m. are considered “bars” by the
Municipal Code and are conditionally allowed uses in the C-C District, the zoning of the subject
site. Therefore, the applicant has applied for such a permit.
Staff notes that the applicant received conditional use permit approval in September 2003 to
locate on the first floor of 780 Main Street. However, the applicant was unable to finalize a
lease with the property owner.
II. SITE DESCRIPTION
The subject property, measuring approximately 6,100 square feet in area, is located on the south
side of St. Mary Street. The total area of the building will be approximately 7,685 square feet,
after the building is refurbished. The proposed restaurant/bar would be located in the
approximately 3,400 square foot first floor tenant space. The second floor would most likely be
leased to office uses.
The property is bordered on the south by a 72-space City parking lot, on the west by a City
driveway and Fernando’s Restaurant, and on the east by the 320 St. Mary Street (State Farm
Insurance) and 641 Main Street (Wine Steward) buildings. Commercial buildings are located to
the north, across St. Mary Street. The nearest residence is located a minimum of 130 feet away
from the subject site at 377 St. Mary Street. In addition, residences in the 670-694 Peters
Avenue townhouse development are located a minimum of 225 feet west of the subject site.
Other residences are located west of Peters Avenue. A driveway on St. Mary St. and two
driveways on Peters Avenue lead to the City parking lot behind the building.
III. PROPOSED PROJECT
The applicant’s restaurant would occupy the entire first floor tenant space of the building. A
lobby, elevator, and staircase for the upstairs tenants would be located adjacent to the applicant’s
tenant space. The restaurant and bar would serve lunch and dinner and would primarily feature
British dishes (see attached menu). A variety of beer, wine, and spirits would be served. The
restaurant would be open from 11:30 a.m. to 1:00 a.m., Monday through Saturday, and 11:30
a.m. to 11:00 p.m. on Sundays. The full menu would be available from opening until 10:00
p.m., Monday through Saturday, and until 9:00 p.m. on Sundays. The applicant is willing to
make limited food service available until closing.
As proposed, the facility would seat 136 customers inside. The applicant would also utilize
outdoor dining areas in the rear (southern) and eastern side of the building; the rear outdoor
dining area would seat approximately 14 patrons, while the side outdoor dining area would seat
approximately 38 patrons. In total, the restaurant could seat up to 188 patrons, both inside and
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out. A maximum of 6 to 15 employees would be on duty during any given shift. Security
personnel would be employed on Friday and Saturday nights starting at 10:00 p.m. to check IDs.
Low-level recorded music would normally be played in the restaurant. No speakers would be
installed outside. Live bands or DJ music and dancing are proposed on Friday and Saturday
nights starting at 9:45 p.m. and ending at 1:00 a.m. Musicians and audio equipment would be
located in the rear left (southeast) corner of the lower floor of the business. Amplifiers and/or
speakers would be oriented to direct music towards the front of the building. An approximately
16 ft. by 19 ft. dance area would be located adjacent to the band/DJ area (please see the attached
“Music/Dancing Floor Plan”). Tables and chairs would be moved to accommodate the band/DJ
and dancing areas.
Proposed tenant improvements would include installing a new kitchen, bar, restrooms, tables
and chairs, and a gas fireplace. The applicant has incorporated into the floor plan proposed
changes that the building owner and applicant wish to make to the recently approved design
review plans (e.g., modifying the front façade and entry door, modifying windows and doors,
adding a staircase in the rear patio, etc.).
Please see the attached written narrative for additional information on the proposed use.
IV. ANALYSIS
Restaurants that serve alcohol past 10:00 p.m. ("bars") are conditionally permitted uses in the C-
C district. Conditional uses are uses that, by their nature, require individual review to ensure
that impacts associated with their use will be regulated and minimal. Conditional use permits
may be subject to appropriate conditions to ensure that any potential adverse impacts associated
with the use will be mitigated.
Land Use
One of the primary concerns in reviewing a conditional use permit application is the effect of a
proposed use on surrounding uses. The site of the proposed bar is located in a commercially-
zoned area of Downtown Pleasanton, containing mixed land uses including retail, office, hotel,
and residential uses. As discussed below, there are potential adverse impacts that could occur as
a result of locating a restaurant/bar with late-night hours and live bands/DJ music and dancing
near residential uses. In addition, staff notes that some of the existing bars in the Downtown
have created problems from time to time due to disorderly patrons or loud music. However, if
operated as described in the applicant’s written narrative and as conditioned by staff, staff
believes that the use would not generate or contribute to the problems associated with the other
Downtown bars. Staff believes that the proposed use would operate similarly to the existing
restaurants that serve alcohol past 10:00 p.m. that are located Downtown (e.g., Stacey’s, Blue
Agave, Fernando’s, and Hap’s restaurants). These establishments have been operating without
any apparent problems.
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The applicant currently operates The Crown British Pub and Restaurant in the Town of
Danville. Live bands and DJ music and dancing occur at the Danville location. The applicant
submitted a letter from the Danville Police Department (included with this report) indicating that
the restaurant has not created any code violations or problems of any kind since it opened in
January 2001. In addition, staff recently contacted the Danville Planning Department and
inquired if any complaints or problems have been reported against the business. The Danville
Planning Department indicated that there have been no problems with its operation.
As stated above, the proposed use would be located in a commercially zoned area on St. Mary
Street. The nearest residence, located to the northwest on the opposite side of St. Mary Street at
377 St. Mary Street, is located a minimum of 130 feet away from the subject property. This
residence is commercially zoned and was granted approval last year to be converted to an office,
although staff believes that it is still being used as a residence. Additional residences are located
west of Peters Avenue. Staff is sensitive to the potential land use conflicts in the Downtown
between existing residents and commercial uses which may have “spill-over” effects on those
residents, such as parking, hours of operation, noise, or similar issues. In evaluating use permits
which have potential impacts, staff has looked carefully at the specifics of proposed operations
and has tried to achieve a balance between maintaining the quality of life of Downtown’s
residents and the objective of having Downtown accommodate a variety of businesses and
activities which draw people to the area both during the day and at night. In this case, the
applicant would like to bring a quality nighttime eating and drinking establishment to the
Downtown, and staff and the Pleasanton Downtown Association believe that locations on Main
Street or on side streets near Main Street are appropriate places for such establishments.
Staff believes that conditions of approval can be incorporated with the project that would ensure
that the surrounding uses are not impacted due to noise, parking, litter, or other objectionable
influences. For example, staff is recommending conditions of approval that would require that
the applicant keep the doors and windows of the establishment closed and that the doors be self
closing, that the rear (southern) outdoor dining area close at 9:45 p.m., that the building walls be
modified, as necessary, to comply with the City’s noise regulations, and that the applicant
monitor the area outside of the business to ensure peace and quiet. Staff is also recommending
that the subject use permit be reviewed by the Planning Director in six months to determine if
the business is operating in a non-nuisance manner. If necessary, the application could be
brought back to the Planning Commission for additional conditions to mitigate and/or prevent
any nuisances that were identified. Therefore, from a land use perspective, staff finds the use to
be acceptable, as conditioned.
Hours of Operation
As stated above, the proposed restaurant and bar would operate between the hours of 11:30 a.m.
to 1:00 a.m., Monday through Saturday, and from 11:30 a.m. to 11:00 p.m. on Sundays. Staff
believes that the proposed hours are acceptable and would not adversely impact the adjacent
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uses provided noise is properly controlled to prevent impacts on surrounding properties (please
see the “Noise” section below for further discussion).
Regarding outdoor dining hours, staff notes that the City's Sidewalk Dining Ordinance limits
outdoor dining on public property to the hours of 7:00 a.m. to 10:00 p.m. However, the
applicant’s outdoor dining areas would be on private property and would not be subject to the
hours of the ordinance, but are subject to review as part of the use permit. Staff notes that the
ordinance's 10:00 p.m. limit was primarily designed to limit late night noise impacts on
surrounding residential properties. Since the elevated rear patio would be partially visible from
some of the Peters Avenue residences and they could be disturbed by late-night noise, staff
recommends that the rear patio area close at 9:45 p.m., which is when live/DJ music would
begin on Fridays and Saturdays. Since the outdoor dining area on the east side of the building
would be separated from the adjacent residences to the west by the two-story building, staff feels
that the side dining area could operate until closing of the restaurant without adversely
impacting the adjacent residential neighbors. In addition, late night use of the outdoor dining
area would most likely be limited to summer months, when the weather is favorable for this
activity.
In conjunction with the building remodel, a trash enclosure for this site will be installed in the
City parking lot near the southeast corner of the property. In order to reduce potential negative
impacts on the adjacent neighbors, staff feels that time limits should be established for garbage
dumping by this business. Staff recommends that garbage dumping not be allowed prior to 8:00
a.m. or after 10:00 p.m. A condition has been included to address this item.
As conditioned, staff believes that the proposed hours of operation are acceptable. Any changes
to the hours of operation would require review and approval by the Planning Director and/or
Planning Commission. Furthermore, should the applicant’s hours of operation create adverse
impacts on the adjacent residences or businesses, a recommended condition of approval would
allow the City to reduce the hours of operation.
Noise
The applicant would like to provide live bands and DJ music for patrons to listen and/or dance
to on Friday and Saturday nights. The applicant has stated that live bands/DJ music is essential
to make the business profitable at this location. Alternative/modern rock music would normally
be featured. Musical equipment and speakers would be located in the rear left corner of the
lower first floor (south of the fireplace) and would be oriented to direct music towards the front
of the building. No speakers would be located outside of the establishment, and the applicant
has indicated that the exterior doors would remain closed during the live/DJ music and dancing
activities. The applicant has stated that she would monitor the noise levels to ensure that it is
not too loud.
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Staff notes that there have been occurrences in Pleasanton where bars impacted adjacent
residences, with noise impacts being the most common problem. Staff is proposing several
conditions to address potential noise impacts on the surrounding residents and businesses. For
example, staff recommends that the outside doors remain closed when not being used for
ingress/egress purposes, that the doors self close, and that the windows be closed during
business hours. In addition, to prevent the possibility of this business becoming a “dance club,”
staff has included a condition which limits dancing to the 16 ft. by 19 ft. dance area shown on
the floor plan and that the size of the dance floor shall not be enlarged beyond that shown on the
floor plan.
The subject business would also be required to comply with the noise regulations of the City’s
Municipal Code. The Municipal Code does not allow a commercial property to exceed a noise
level of 70 dBA at the property line. In addition, since the business would be located within 300
ft. of a residential zone and would remain open for business after 10:00 p.m., the business could
not exceed a noise level greater than 60 dBA at the residential property line at any time after
10:00 p.m. No soundproofing currently exists within the exterior walls of the building and the
applicant has not proposed any for the business. As part of the approved building remodel, the
outside walls will be substantially modified with the exterior siding removed and replaced with
stucco. In addition, interior drywall would be installed as part of the tenant improvement for the
applicant’s tenant space. Since incorporating noise-attenuating measures into the walls of the
building would be cheaper and easier to install during the remodel and/or tenant improvement
phase rather than waiting until later after the walls are finished, staff recommends that the noise
attenuation requirements be determined prior to the issuance of a tenant improvement permit for
the applicant’s business. Staff has included a condition that requires the applicant provide staff
with plans and specifications showing the proposed wall assembly (i.e., drywall thickness,
insulation type and value, stud size, etc.) and its noise reducing level (i.e., Sound Transmission
Class rating). The wall assembly would need to be modified, if necessary, to comply with the
City’s Noise Ordinance prior to issuance of a tenant improvement permit. Staff notes that
standard construction materials and techniques may provide adequate noise attenuation to meet
Code requirements.
Staff believes that the applicant’s patrons would primarily use the City parking lot behind the
subject site. Residences are located west of the City parking lot, across Peters Avenue. Most
low-level parking lot noises (e.g., people conversing at a normal volume, opening and closing of
car doors, etc.) should be inaudible to these residences. However, the residents could be
disturbed if inconsiderate patrons were talking loudly in the parking lot or outdoor dining areas,
fighting, speeding, slamming car doors, honking horns, "burning rubber," etc. Based on the
applicant’s desired business atmosphere, the patrons would not be expected to create these types
of noise problems and a condition requires the applicant to regularly monitor the area outside of
the business to ensure peace and quiet. However, in the event that the clientele create these
kinds of problems, staff has conditioned the project so that if there are any future complaints
regarding noise levels due to shouting, fighting, vehicles, etc., the project can be reviewed again
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to add mitigating conditions of approval. Such conditions could include the hiring of additional
security guards to patrol the parking area, reducing the hours of operation, and/or eliminating the
use of the outdoor patio area(s) for alcoholic beverage consumption.
There is also the potential that the residents on St. Mary and Division Streets and west of Peters
Avenue could be disturbed by late-night patrons parking in the public on-street parking spaces in
front of their residences, particularly if the patrons were disorderly or loud. Therefore, staff has
included a condition of approval that requires the applicant to encourage her patrons via flyers
or small signs in the interior of the establishment to not utilize the on-street parking spaces in the
residential area west of Peters Avenue after 10:00 p.m. A condition also requires that the
applicant install small signs near the exit doors requesting that customers not loiter outside and
to be courteous and quiet when leaving the business and parking area.
With the conditions described above, staff feels that noise impacts on the surrounding properties
would be mitigated to meet City standards. As discussed above, staff has conditioned the
project so that if there are any future complaints regarding noise, the project can be reviewed
again to add mitigating conditions of approval. Furthermore, staff has proposed a condition of
approval requiring the review of the use permit in six months, at which time noise (and other
potential issues) will be evaluated.
Parking
For property zoned C-C and located within the Downtown Revitalization District, the Municipal
Code does not require any additional parking for a change in use. However, the Planning
Commission may require additional parking spaces for a use if deemed necessary through the
review of a conditional use permit.
The subject property does not contain any on-site parking spaces, however, a 72-space, City-
owned public parking lot is located immediately to the rear of the proposed establishment. The
subject property was one of several properties on the block bounded by Peters Avenue, St. Mary
Street, Main Street, and Division Street that participated in the 1974 parking assessment district
that established this parking lot. Staff believes that the adjacent public parking lot and nearby
on-street parking would provide adequate parking for the proposed use. Additionally, the
proposed conditional use permit to serve alcohol from 10:00 p.m. to 1:00 a.m. would occur
when parking demand Downtown is reduced since most retail establishments are closed.
Staff believes that there would be adequate parking for the proposed use and that the potential
parking-related impacts on the adjacent residents and businesses would be minimized, as
conditioned. Nevertheless, should parking-related problems occur, staff has included a
condition of approval which allows the Planning Director to refer the use permit back to the
Planning Commission for possible mitigation measures.
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Building Modifications
The floor plan shows changes to the approved design review plans that the building owner
and/or applicant wish to make. Per the conditions of approval for the building addition/remodel,
the changes that are visible from public view will require prior design review approval by the
Planning Commission. Staff has included a condition of approval that requires the applicant to
revise the floor plan, as necessary, should the Commission not approve some of the proposed
modifications.
Pleasanton Downtown Association
The application was referred to the Downtown Vitality Committee of the Pleasanton Downtown
Association (PDA). The Committee passed a motion supporting the proposed use (please see
attached letter). The PDA has further indicated its desire to have businesses stay open later on
Main Street and on the side streets for at least one half block from Main Street to create a “night
life” Downtown and that side street development is essential to achieving the critical mass
necessary for a successful Downtown.
V. PUBLIC NOTICE
Notices regarding the proposed conditional use permit application and related public hearing
were mailed to property owners and tenants within 1,000 ft. of the subject property. At the
writing of this report, staff has not received any comments from any of the adjacent property
owners.
VI. FINDINGS
The Commission needs to make the following findings prior to the granting of a use permit:
A. That the proposed location of the conditional use is in accordance with the
objectives of the zoning ordinance and the purpose of the district in which the site is
located.
Objectives of the zoning ordinance include: protecting existing land uses from
inharmonious influences and harmful intrusions; fostering harmonious, convenient,
workable relationships among land uses; and insuring that public and private lands
ultimately are used for the purposes which are most appropriate and beneficial to the City
as a whole. As conditioned, staff believes that the proposed bar would be consistent with
these objectives.
The site of the proposed use is located in the Downtown, which permits a variety of
commercial, office, and residential uses. Bars are in accordance with the purposes of the
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Central Commercial zoning district to provide locations to offer commodities and
services to the residents of Pleasanton and surrounding areas. The proposed operation
would be consistent with Downtown Specific Plan goals of increasing the diversity of the
area and with Pleasanton Downtown Association goals of creating a night life in the
Downtown. The proposed conditions of approval for the project give the City the
appropriate controls to ensure that the use does not have any negative impacts on the
surrounding businesses and properties. The use permit for the bar is, in staff's opinion, in
accordance with the objectives of the zoning district, and staff believes that this finding
can be made.
B. That 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.
As conditioned, staff believes that the proposed use will have adequate parking to meet
project demand. The proposed dancing and music activities will be contained completely
within the building. In addition, noise levels have been conditioned to comply with the
City's Noise Ordinance and the use would be reviewed by the Planning Director in six
months to ensure that it is operating in a non-nuisance manner. Staff feels that any areas
of possible concern have been conditioned so that the proposed use will meet all
applicable Municipal Code requirements and would be operated in a non-nuisance
manner. Furthermore, the applicant can be required to mitigate any future nuisances or
problems. Therefore, if all the conditions of approval are complied with, staff feels the
proposed bar will not detrimentally impact the surrounding properties, and staff believes
that this finding can be made.
C. That the proposed conditional use will comply with each of the applicable provisions
of the zoning ordinance.
The site's Central Commercial zoning conditionally permits the establishment of bars. In
staff's opinion, the proposed use complies with all relevant sections of this ordinance.
Granting a conditional use permit to the applicant for a bar is consistent with the City's
ability to regulate zoning as listed in the Municipal Code Chapter 18.124 "Conditional
Uses." Therefore, staff believes that this finding can be made.
VII. CONCLUSION
Staff and the PDA believe that the applicant’s restaurant/bar in the Downtown will be a benefit
to the area and that businesses on or close to Main Street should be allowed to remain open late
as long as they operate in a manner which respects the nearby residents. As proposed by the
applicant and conditioned by staff, staff believes that the bar will be compatible with the
surrounding businesses and will not detrimentally affect the surrounding uses or properties.
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Conditions of approval have been included which will ensure that the safety and general welfare
of the surrounding area, and the City in general, is maintained.
VIII. ENVIRONMENTAL ASSESSMENT
Projects of this nature are categorically exempt from the requirements of the California
Environmental Quality Act (CEQA). Therefore, no environmental document accompanies this
report.
IX. STAFF RECOMMENDATION
Staff recommends that the Commission approve Case PCUP-129 by taking the following
actions:
1) Make the conditional use findings as listed in the staff report; and
2) Approve Case PCUP-129 subject to the conditions listed in Exhibit B.
Staff Planner: Steve Otto, Associate Planner (phone: 931-5608 or email: sotto@ci.pleasanton.ca.us)
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EXHIBIT B
Staff Recommended Conditions of Approval
Case PCUP-129
December 8, 2004
1. The operation of the proposed use shall conform substantially to Exhibit A (dated
“Received” July 26, November 23, and December 1, 2004), on file with the Planning
Department, except as modified by these conditions. Minor modifications to the
operation of the use and conditions of approval may be approved by the Planning
Director if determined to be in substantial conformance with the approved use permit.
2. The operation of the restaurant/bar shall be limited to the following hours: 11:30 a.m. to
1:00 a.m., Monday through Saturday, and 11:30 a.m. to 11:00 p.m. on Sundays. The
outdoor dining on the south (rear) of the building shall close and not be used after 9:45
p.m. The restaurant/bar employees shall not dispose of waste or recyclables in the trash
enclosure area prior to 8:00 a.m. or after 10:00 p.m.
3. In the event that the applicant proposes to modify the hours or other aspects of the
restaurant/bar operation, the modification shall be subject to the review of the Planning
Director. The Planning Director may approve the modification or refer the matter to the
Planning Commission if judged to be substantial.
4. The modifications to the approved design review plans for Case PDR-355 that are visible
from public view are not approved as part of this application and shall require separate
design review approval by the Planning Commission. The applicant shall revise the
restaurant/bar floor plan, as necessary, should the Planning Commission not approve
some of the proposed modifications to the approved design review plans. Revisions to
the restaurant/bar floor plan shall be subject to review and approval by the Planning
Director.
5. The applicant (or designated representative of the business) shall maintain the area
surrounding the restaurant/bar, outdoor dining areas, and public parking lot in a clean and
orderly manner at all times. The applicant shall regularly monitor the area outside of the
restaurant/bar to ensure peace and quiet.
6. If operation of this use results in conflicts pertaining to parking, interior or exterior noise,
vibrations, traffic/circulation, litter, odors, loitering, fighting, or other factors, at the
discretion on the Planning Director, this conditional use permit may be submitted to the
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Planning Commission for their subsequent review at a public hearing. If necessary, the
Commission may modify or add conditions of approval to mitigate such impacts, or may
revoke said conditional use permit. Possible mitigation measures can include, but are not
limited to: reducing the number of seats and/or tables, restricting the hours of operation,
installing noise or vibration mitigating measures/devices, eliminating live/DJ music,
hiring security personnel, and/or prohibiting alcohol consumption in the outdoor dining
areas.
7. The subject conditional use permit shall be reviewed by the Planning Director six months
after its start of operation to determine if the business is operating in a non-nuisance
manner. If necessary, the conditional use permit may be brought back to the Planning
Commission for additional conditions to mitigate and/or prevent any nuisances that were
identified.
8. The doors of the restaurant/bar shall remain closed when not being used for
ingress/egress purposes. The applicant shall install self-closing door mechanisms on all
exterior doors. The restaurant/bar windows shall remain closed during business hours.
9. The business shall comply with Chapter 9.04 of the Pleasanton Municipal Code (Noise
Regulations). Prior to issuance of a tenant improvement permit for the applicant’s
business, the applicant shall provide staff with plans and specifications showing the
proposed wall assembly for the applicant’s tenant space (i.e., drywall thickness,
insulation type and value, stud size, etc.) and its overall noise reducing capability (i.e.,
Sound Transmission Class rating). The wall assembly design shall be modified, as
deemed necessary by the Chief Building Official and Planning Director, to comply with
the Municipal Code noise regulations.
10. Dancing shall be limited to the approximately 16 ft. by 19 ft. dance area shown on the
floor plan. The dance area shall not be enlarged beyond that shown on the floor plan.
11. The applicant shall regularly request patrons via flyers or small signs in the interior of the
establishment to not utilize the on-street parking spaces in the residential area west of
Peters Avenue after 10:00 p.m.
12. Prior to business operation, the applicant shall install small signs in the interior of the
building on or near the exit doors requesting that customers not loiter outside and be
courteous and quiet when leaving the business and parking areas.
13. The kitchen shall remain open, with at least limited food service available to patrons,
during the operating hours of the business.
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14. Except for the designated outdoor dining areas, alcohol shall not be consumed outside the
establishment. Alcohol service and consumption in the outdoor dining areas is allowed
only upon specific approval by the Department of Alcoholic Beverage Control (ABC)
and shall be subject to all ABC requirements. The applicant is responsible for
supervising and controlling the activities of their customers within the outdoor dining
areas. The applicant shall ensure that no disorderly behavior occurs in these areas, that
drinks are not taken outside of the outdoor dining areas, and that there are no more
customers in the outdoor dining areas than there are seats. The inability of the applicant
to perform in this manner shall be cause for review and revocation of this use permit as it
pertains to the service of alcoholic beverages in the outdoor dining areas.
15. The business shall comply with the Chapter 9.24 of the Pleasanton Municipal Code
(Smoking in Public and Work Places).
16. No outside washing of floor mats, containers, equipment, etc. shall be conducted unless a
contained wash area is provided on-site. The location of the wash area shall be subject to
review and approval by the Planning Director and Chief Building Official. The wash
area shall be covered and shall be designed to prevent runoff onto or from the area. The
area shall be connected to the sanitary sewer, subject to approval by DSRSD, or shall be
collected in a containment area and removed regularly by a disposal and recycling
service. If connected to the sanitary sewer, a structural control such as a sand filter or oil/
water separator shall be used, and a sign shall be posted prohibiting the dumping of
hazardous materials. Other methods may be used subject to the approval of the Planning
Director and Chief Building Official. The applicant shall instruct employees to conduct
all such washing activities in this area.
17. The applicant shall obtain all necessary approvals from the Department of Alcoholic
Beverage Control prior to serving alcohol from the bar.
18. The applicant shall contact the Building, Police, Fire, and County Environmental Health
Departments to determine all applicable requirements for the proposed use. The structure
must be made to conform to all applicable occupancy requirements, codes, and
ordinances for the proposed use.
19. All building and other applicable City permits shall be obtained prior to construction of
any tenant improvements.
20. The applicant shall pay any and all fees to which the use may be subject prior to issuance
of building permits and/or occupancy. The type and amount of the fees shall be those in
effect at the time the building permit is issued.
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21. The vent location for the gas fireplace shall be subject to final review and approval by the
Planning Director.
22. Any new roof-mounted equipment, ducts, vents, blowers, satellite dishes, etc. shall be
installed no higher than the top of the parapet wall, or located to not be visible from any
public street, sidewalk, or parking area within a one block radius of the site. Screening
details shall be shown on the plans submitted for issuance of building permits, the
adequacy of which shall be determined by the Planning Director. All required screening
shall be provided prior to occupancy.
23. Any new mechanical equipment shall be constructed in such a manner that noise
emanating from it will not be perceptible beyond the property plane of the subject
property in a normal environment for that zoning district.
24. The exhaust system in the restaurant kitchen shall be equipped at all times with filtering
devices to minimize outdoor odors and fumes.
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