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DRAFT A 1 RESOLUTION NO. 10- RESOLUTION DENYING CASE PAP -139, THEREBY UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF THE APPLICATION OF MARI KENNARD FOR A MODIFICATION TO A CONDITIONAL USE PERMIT AS FILED UNDER CASE PCUP -257 WHEREAS, Mari Kennard applied to modify the approved conditional use permit (PCUP -129) for the operation of Redcoats British Pub and Restaurant at 336 St. Mary Street to expand the days /hours for indoor music; and WHEREAS, zoning for the property is Central Commercial (C -C), Downtown Revitalization District; and WHEREAS, at its meeting of November 18, 2009, the Planning Commission, having considered all public testimony, relevant exhibits, and recommendations of City staff concerning this application, approved the modification to the conditional use permit; and WHEREAS, within the time specified by the Pleasanton Municipal Code, Councilmember Thorne appealed the decision of the Planning Commission to the City Council; and WHEREAS, at its meeting of January 19, 2010, the City Council received a report from the Director of Community Development, together with a copy of the staff report to the Planning Commission, regarding this matter; and WHEREAS, the City Council held a public hearing on January 19, 2010, at which time the appellant, applicant, and any other member of the public were offered an opportunity to present evidence regarding the appeal; and WHEREAS, after receiving public testimony and review of the materials presented, the City Council determined that the proposed modification to the existing conditional use permit, as conditioned, is appropriate for the site and is consistent with the zoning regulations of the zoning district of the property. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING: Section 1. Denies the appeal, Case PAP -139, thereby upholding the decision of the Planning Commission approving Case PCUP -257, the application of Mari Kennard to modify the previously approved conditional use permit (PCUP -129) for the operation of Redcoats British Pub and Restaurant at 336 St. Mary Street to expand the days /hours for indoor music, subject to the conditions shown on "Exhibit A," attached hereto and made part of this case by reference.