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Resolution No. PC-2002-20 <br />Page 2 <br />2. 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 />The location of this use in a primazily commercial/office azea within <br />the Downtown is appropriate. The proposed hours of operation are <br />similaz to other restaurant establishments in the azea and would <br />complement retail hours of operation. The proposed use will not <br />adversely impact surrounding uses, or residents across Peters Avenue. <br />There is sufficient pazking to meet the proposed demand and allow <br />sufficient pazking for other businesses in the vicinity. <br />3. The proposed conditional use will comply with each of the applicable <br />provisions of the Zoning Ordinance. <br />The City's Municipal Code permits the establishment of restaurants <br />and bars (with a conditional use permit) in selected commercial areas. <br />Because the restaurant is proposing to serve alcohol after 10:00 p.m., <br />the Municipal Code classifies it as a baz. The restaurant would be <br />operated in accordance with all of the provisions of the Municipal <br />Code as they relate to restaurants and bars, and according to <br />conditions of approval recommended by staff for such uses. <br />WHEREAS, the Planning Commission determined that the proposed change to allow <br />alcoholic beverages to be served until 12:00 a.m. would be in keeping with <br />other restaurants in the Downtown area, and if operated as proposed and <br />conditioned, the restaurant will be compatible with the surrounding <br />businesses and will not adversely impact other uses or properties. <br />NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF <br />PLEASANTON RESOLVES THE FOLLOWING: <br />Section 1. Approves Case PCUP-48, the application of Fernando's Mexican Restaurant <br />for a conditional use permit to serve alcoholic beverages until 12:00 a.m. at a <br />new Mexican food restaurant located at 348 St. Mary Street, subject to the <br />conditions shown in Exhibit "B," attached hereto and made part of this case <br />by reference. <br />Section 2. This resolution shall become effective 15 days after its passage and adoption <br />unless appealed prior to that time. <br />