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4_Exhibits A & C
City of Pleasanton
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4_Exhibits A & C
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3/4/2020 3:18:41 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/11/2020
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\BOARDS AND COMMISSIONS\PLANNING\AGENDA PACKETS\2020 - PRESENT\2020\03-11
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EXHIBIT A <br /> RESOLUTION NO. PC-2020-05 <br /> A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF <br /> PLEASANTON APPROVING THE APPLICATION FOR CONDITIONAL USE PERMIT <br /> (CUP) LOCATED AT 680 MAIN STREET, AS FILED UNDER CASE NO. P19-0431 <br /> WHEREAS, on December 2, 2019, Maurice Dissels, representing Oyo, applied <br /> for Conditional Use Permit approval to serve alcohol after 11 p.m. at an existing <br /> restaurant located at 680 Main Street ("Project"); and <br /> WHEREAS, zoning for the property is C-C (Central Commercial), Downtown <br /> Revitalization, Active Ground-Floor Overlay, Core Area Overlay, Downtown Hospitality <br /> Central Core Area District; and <br /> WHEREAS, a restaurant serving alcohol after 11 p.m. is a conditionally permitted <br /> use in the subject District, and require Planning Commission approval of a CUP; and <br /> WHEREAS, the project is categorically exempt from the California Environmental <br /> Quality Act (CEQA) pursuant to Section 15301, Class 1, Existing Facilities; and <br /> WHEREAS, on March 11, 2020, the Planning Commission held a duly-noticed <br /> public hearing and considered relevant exhibits, recommendations of the City staff <br /> concerning this application, and received testimony from the applicant and interested <br /> parties. <br /> NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City <br /> of Pleasanton, based on the entire record of proceedings, including the oral and written <br /> staff reports and all public comment and testimony: <br /> Section 1: Findings for Conditional Use Permit Approval <br /> With respect to the approval of P19-0431, the Planning Commission makes the <br /> following findings as required by Section 18.124.070 of the Pleasanton Municipal Code: <br /> A. That the proposed location of the conditional use is in accordance with the <br /> objectives of the zoning ordinance and the purpose of the district in which <br /> the site is located. <br /> Some of the objectives of the zoning ordinance are to: foster a harmonious, <br /> convenient, workable relationship among land uses, protect existing land uses <br /> from inharmonious influences and harmful intrusions, and ensure public and <br /> private lands ultimately are used for the purposes which are most appropriate <br /> and beneficial to the City as a whole. As conditioned, the Planning Commission <br /> finds the extended hours for Oyo to serve alcohol past 11 p.m. would be <br /> consistent with these objectives. <br /> The subject site is zoned C-C, Downtown Revitalization, Active Ground-Floor <br /> Overlay, Core Area Overlay, Downtown Hospitality Central Core Area District <br /> and is located in the Downtown, which permits a variety of commercial, office, <br />include: <br /> 1. Denial of the application. Such an action would preclude the applicant from serving <br /> alcohol past 11 p.m.; or <br /> 2. Approval of the application with modifications. The Planning Commission could approve <br /> the CUP, but with modified hours of operation, or with other changes to the proposal. <br /> P19-0431, 680 Main Street Planning Commission <br /> 7of8 <br />cy LD-P.3, <br /> regarding "Right to do Business" — this policy explicitly recognizes that "downtown operations" <br /> such as operation of businesses, special events and similar activities are not to be considered <br /> a nuisance, provided that they adhere to applicable noise and operational standards. As <br /> proposed and conditioned, staff believes the restaurant serving alcohol past 11 p.m. is <br /> consistent with the Downtown Specific Plan's policies. <br /> P19-0431, 680 Main Street Planning Commission <br /> 6 of 8 <br />