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Resolution No. PC-2001-45 <br />Page 2 <br /> <br />other land use conflicts would not spill over to those properties. The use <br />permit for the restaurant with alcohol served after 10:00 p.m. is in <br />accordance with the objectives of the property's zoning district. <br /> <br />The proposed location of the conditional use and the conditions <br />under which it would be operated or maintained will not be <br />detrimental to the public health, safety, or welfare, or materially <br />injurious to the properties or improvements in the vicinity. <br /> <br />The location of this use is a primarily commercial/office area and within the <br />Downtown area is appropriate. The proposed hours of operation are similar <br />to other restaurant establishments in the area and would complement retail <br />hours of operation. As conditioned, the proposed use will not adversely <br />impact surrounding uses, or residents across First Street. Also, there will be <br />sufficient parking to meet the projected demand and allow sufficient parking <br />for other tenants in the building. Standard conditions of approval that are <br />appropriate for uses of this type to ensure that the restaurant is operated and <br />maintained in a safe, clean, and appropriate manner have been included. <br /> <br />The proposed conditional use will comply with each of the applicable <br />provisions of this chapter of the Municipal Code. <br /> <br />The City's Municipal Code permits the establishment of restaurants and bars <br />(with a conditional use permit) in selected commercial areas. Because the <br />restaurant is proposing to serve alcohol after 10:00 p.m., the Municipal Code <br />classifies it as a bar. The restaurant would be operated in accordance with all <br />of the provisions of the Municipal Code as they relate to restaurants and bars, <br />and will be operated according to conditions of approval recommended by <br />staff for such uses. <br /> <br />WHEREAS, <br /> <br />the Planning Commission determined that if the restaurant is operated as <br />proposed and conditioned, it will be compatible with the surrounding <br />businesses and will not adversely impact other uses and properties. <br /> <br />NOW, THEREFORE, THE PLANN1NG COMMISSION OF THE CITY OF <br />PLEASANTON RESOLVES THE FOLLOWING: <br /> <br />Section 1. <br /> <br />Approves Case PCUP-36, the application of Toby's/Dale Morris for a <br />conditional use permit to serve alcoholic beverages after 10:00 p.m. at an <br />existing restaurant building located at 30 W. Neal Street, Suite 110, subject <br />to the conditions shown in Exhibit "B," attached hereto and made part of this <br />case by reference. <br /> <br />Section 2. <br /> <br />This resolution shall become effective 15 days after its passage and adoption <br />unless appealed prior to that time. <br /> <br /> <br />