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Resolution No. PC-2022-05 <br /> Page Two <br /> B. That the proposed location of the conditional use and the conditions under which <br /> it would be operated or maintained will not be detrimental to the public health, <br /> safety, or welfare, or materially injurious to the properties or improvements in the <br /> vicinity. <br /> As conditioned, the Planning Commission finds the proposal would not have a <br /> detrimental impact to the public health, safety, or welfare, or be materially injurious to the <br /> properties or improvements in the vicinity. The existing bar is required to adhere to the <br /> City's Noise Ordinance, which was designed to protect the peace, health, safety, and <br /> welfare of the citizens of the City. The proposal to allow permanent outdoor dining, <br /> including outdoor consumption of alcohol, for the existing bar would also be required to <br /> meet this same standard. Furthermore, if the operation of the permanent outdoor dining <br /> area results in conflicts pertaining to parking, noise, traffic/circulation or other factors, a <br /> condition of approval allows the Planning Commission to determine if the proposal needs <br /> to return to the Planning Commission for further consideration or additional mitigation <br /> measures. <br /> C. That the proposed conditional use will comply with each of the applicable <br /> provisions of the zoning ordinance. <br /> The subject site's zoning conditionally permits the existing bar. Granting a CUP for the <br /> proposal to allow permanent outdoor dining, including outdoor consumption of alcohol, for <br /> the existing bar would be consistent with the City's ability to regulate zoning as listed in <br /> Chapter 18.124 of the Municipal Code. In addition, the Planning Commission finds, as <br /> conditioned, the proposed uses will comply with all provisions and requirements of the <br /> City's zoning ordinance. <br /> Section 2: <br /> The Planning Commission hereby approves Case P21-1206, the application of Robert A. Rossi, <br /> representing Sunshine Saloon, to modify an existing Conditional Use Permit (UP-91-77) to allow <br /> outdoor consumption of alcohol at an existing bar at 1807 Santa Rita Road, Suite K, subject to <br /> the Conditions of Approval shown in Attachment 1, attached hereto and made part of this case <br /> by reference. <br /> Section 3: <br /> This resolution shall become effective 15 days after its passage and adoption unless appealed <br /> prior to that time. <br /> PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of <br /> Pleasanton at a regular meeting held on February 23, 2022, by the following vote: <br /> AYES: <br /> NOES: <br /> ABSTAIN: <br /> RECUSED: <br /> ABSENT: <br />