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PLANNING COMMISSION CITY OF PLEASANTON <br />ALAMEDA COUNTY, CALIFORNIA <br />RESOLUTION NO. PC-2002-72 <br />RESOLUTION MODIFYING A CONDITIONAL USE PERMIT FOR <br />ALCOHOLIC BEVERAGE SERVICE AFTER 10:00 P.M. AT TOBY'S BAR <br />AND GRILL, AS FILED UNDER CASE PCUP-36 <br />WHEREAS, in September 2001, the Planning Commission approved a use permit to <br />allow the sale of alcohol until 11:00 p.m. on Sunday through Thursday, <br />and until 12:00 midnight on Friday and Saturday at Toby's Bar and Grill <br />located at 30 W. Neal Street, Suite 110; and <br />WHEREAS, the property is zoned PUD-C-O (Planned Unit Development - <br />Cornmercial-Office) District and Downtown Revitalization District; and <br />WHEREAS, due to numerous complaints related to noise from surrounding residential <br />neighbors, the conditional use permit was reviewed by the Planning <br />Commission at its May 22, 2002 meeting for consideration of possible <br />modification or revocation; and <br />WHEREAS, at its meeting of May 22, 2002, the Planning Commission continued the <br />matter in order to give the neighbors, representative from Toby's, staff, <br />and a member of the Planning Commission an opportunity to meet and <br />resolve the issues; and <br />WHEREAS, at its duly noticed public hearing of November 13, 2002, the Planning <br />Commission considered all public testimony, relevant exhibits, and <br />recommendations of the City staff concerning this application; and <br />WHEREAS, the Planning Commission made the following findings: <br />1. The proposed location of the conditional use is in accordance with the objectives <br />of the Zoning Ordinance and the purpose of the district in which the site is <br />located. <br />The PUD zoning district in which this restaurant is located refers to the permitted <br />and conditionally permitted uses in the Municipal Code's Central Commercial <br />and Office zoning districts. The purpose of this PUD zoning district is to allow a <br />combination of commercial and office type uses. Bars are a conditionally <br />permitted use in the Central Commercial (C-C) zoning designation, therefore, the <br />PUD allows bars as a conditional use. Restaurants, and restaurants serving <br />alcohol after 10:00 p.m. (bars), are considered compatible uses within this <br />