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CITY COUNCIL OF THE CITY OF PLEASANTON <br />ALAMEDA COUNTY, CALIFORNIA <br />RESOLUTION NO. 03-005 <br /> <br />RESOLUTION DENYING THE APPEAL (PAP-42) OF THE <br />DECISION OF THE PLANNING COMMISSION THEREBY <br />UPHOLDING THE APPROVAL OF A MODIFICATION TO A <br />CONDITIONAL USE PERMIT (PCUP-36) FOR TOBY'S BAR <br />& GRILL <br /> <br />WHEREAS, <br /> <br />at its meeting of November 13, 2002, the Planning Commission approved Case <br />PCUP-36, a modification to the conditional use permit for Toby's Bar & Grill, <br />subject to certain conditions; and <br /> <br />WHEREAS, zoning for the property is PUD-C-O (Planned Unit Development <br /> Commercial-Office, Downtown Revitalization District; and <br /> <br />WHEREAS, <br /> <br />within the time specified by the Pleasanton Municipal Code, Kirstie Chadsey <br />(Toby's Bar & Grill) submitted an appeal to the City Clerk of the City of <br />Pleasanton; and <br /> <br />WHEREAS, a public hearing was held before the City Council on January 7, 2003, at which <br /> time all pertinent testimony and documents were reviewed; <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES <br />AS FOLLOWS: <br /> <br />Section 1: <br /> <br />Denies Case PAP-42, the appeal of Kirstie Chadsey (Toby's Bar & Grill), thereby <br />upholding the approval of the Planning Commission of Case PCUP-36, a modified <br />conditional use permit for a restaurant serving alcoholic beverages after 10:00 <br />p.m., subject to the conditions set forth in Exhibit "B", attached hereto and <br />incorporated heroin by this reference. <br /> <br />Section 2: <br /> <br />The City Clerk shall forward a certified copy of this resolution to the appellant <br />with a notice that she has ninety (90) days following the date of adoption of this <br />resolution in which to seek judicial review of this action of the City Council. <br /> <br />Section 3: This resolution shall become effective immediately upon its passage and adoption. <br /> <br /> <br />