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PLANNING COMMISSION CITY OF PLEASANTON <br /> <br />ALAMEDA COUNTY, CALIFORNIA <br /> <br />RESOLUTION NO. PC-2001-45 <br /> <br />RESOLUTION APPROVING THE APPLICATION OF TOBY'S/DALE <br />MORRIS FOR CONDITIONAL USE PERMIT APPROVAL, AS FILED <br />UNDER CASE PCUP-36 <br /> <br />WHEREAS, <br /> <br />Toby's/Dale Morris has applied for a conditional use permit to serve <br />alcoholic beverages after 10:00 p.m. at an existing restaurant building <br />located at 30 W. Neal Street, Suite 110; and <br /> <br />WHEREAS, zoning for the property is PUD-C-O (Planned Unit Development - <br /> Commercial-Office) District; and <br /> <br />WHEREAS, <br /> <br />at its duly noticed public hearing of September 26, 2001, the Planning <br />Commission considered all public testimony, relevant exhibits, and <br />recommendations of the City staff concerning this application; and <br /> <br />WHEREAS, projects of this nature are categorically exempt from the requirements of <br /> the California Environmental Quality Act (CEQA); and <br /> <br />WHEREAS, the Planning Commission made the following findings: <br /> <br />The proposed location of the conditional use is in accordance with <br />the objectives of the zoning ordinance and the purpose of the <br />district in which the site is located. <br /> <br />The PUD zoning district in which this restaurant is located refers to the <br />permitted and conditionally permitted uses in the Municipal Code's <br />Central Commercial and Office zoning districts. Hence, the purpose of this <br />PUD zoning district is to allow a combination of commercial and office <br />type uses. Bars are a conditionally permitted use in the Central <br />Commercial (C-C) zoning designation, and hence, the PUD allows bars as <br />a conditional use. Restaurants, and restaurants serving alcohol after 10:00 <br />p.m. (bars), are considered compatible uses within this commercial/office <br />district and Downtown area of the City. The location of this restaurant is <br />in accordance with the objectives of the commercial districts of the <br />Municipal Code to provide areas for the concentration of commercial <br />establishments for the convenience of the public. The C-C district also <br />encourages more intensive development in the Downtown area. The <br />restaurant is located in an area easily accessible to the public and in an <br />area with many other retail stores and restaurants. As conditioned, the <br />restaurant would be operated and located in a manner and at a sufficient <br />distance from residentially-zoned properties so that noise, parking, or <br /> <br /> <br />