09 ATTACHMENT 06-8 - Laserfiche WebLink

Therefore, staff believes that this finding can be made. CONDITIONAL USE PERMIT FINDINGS The Planning Commission must make the following findings prior to granting the conditional use permit for allowing serving alcoholic beverages after 10:00 p.m.: 1. The location of the proposed conditional use is in accordance with the objectives of the zoning ordinance and the purpose of the district in which the site is located. Objectives of the zoning ordinance include: protecting existing land uses from inharmonious influences and harmful intrusions; fostering harmonious, convenient, workable relationships among land uses; and insuring that public and private lands ultimately are used for the purposes which are most appropriate and beneficial to the City as a whole. As conditioned, staff believes that the proposed restaurant/bar would be consistent with these objectives. The proposed conditions of approval for the project will give the City appropriate controls to ensure that the use does not have any negative impacts on surrounding businesses and properties. The General Plan encourages uses relating to the wine country and calls for creating an attractive gateway to the Livermore Valley wine country. Having a restaurant in the area that serve local wine is an appropriate use and it would promotes local wine-growing business and attracts tourism. Therefore, staff believes that this finding can be made. 2. The proposed location of the conditional use and the conditions under which the conditional uses would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. The proposed restaurant offers fine dining to local residents and the general public. The applicant proposes a separate driveway off Vineyard Avenue, thus, avoiding restaurant patrons entering the nearby residential development. As conditioned, staff does not anticipate that the proposed use will create adverse impacts on the residential community. Staff feels that any areas of possible concern have either been mitigated by project design or conditioned so that the proposed use will meet all applicable Municipal Code requirements and would be operated in a non- nuisance manner. Furthermore, the applicant can be required to mitigate any future nuisances or problems. Therefore, if all the conditions of 4