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RESOLUTION NO. 09 -318 <br /> RESOLUTION DENYING CASE PAP -136, THEREBY UPHOLDING THE <br /> PLANNING COMMISSION'S APPROVAL OF THE APPLICATION OF <br /> JOSEPH AND MARICELA BARONE FOR A MODIFICATION TO A <br /> CONDITIONAL USE PERMIT AS FILED UNDER CASE PCUP -249 <br /> WHEREAS, Joseph and Maricela Barone applied to modify the existing <br /> Conditional Use Permit (UP- 88 -25) for the operation of Barone's Restaurant at <br /> 475 St. John Street to allow outdoor music and entertainment and extended <br /> hours of operation; and <br /> WHEREAS, zoning for the property is Central Commercial (C -C), <br /> Downtown Revitalization District; and <br /> WHEREAS, at its meeting of August 12, 2009, the Planning Commission, <br /> having considered all public testimony, relevant exhibits, and recommendations <br /> of City staff concerning this application, approved the modification to the <br /> Conditional Use Permit; and <br /> WHEREAS, within the time specified by the Pleasanton Municipal Code, <br /> Councilmember Sullivan appealed the decision of the Planning Commission to <br /> the City Council; and <br /> WHEREAS, at its meeting of September 1, 2009, the City Council <br /> received a report from the Director of Community Development, together with a <br /> copy of the staff report to the Planning Commission, regarding this matter; and <br /> WHEREAS, the City Council held a public hearing on September 1, 2009, <br /> at which time the appellant, applicants, and any other member of the public were <br /> offered an opportunity to present evidence regarding the appeal; and <br /> WHEREAS, after receiving public testimony and review of the materials <br /> presented, the City Council determined that the proposed modification to the <br /> existing Conditional Use Permit, as conditioned, is appropriate for the site and is <br /> consistent with the zoning regulations of the zoning district of the property. <br /> NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF <br /> THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, <br /> AND ORDER THE FOLLOWING: <br /> Section 1. Denies the appeal, Case PAP -136, thereby upholding the <br /> decision of the Planning Commission approving Case PCUP -249, the application <br /> of Joseph and Maricela Barone to modify the existing Conditional Use Permit <br /> (UP- 88 -25) for the operation of Barone's Restaurant at 475 St. John Street to <br /> allow outdoor music and entertainment and extended hours of operation, subject <br />