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L <br />PLANNING COMMISSION CITY OF PLEASANTON <br />ALAMEDA COUNTY, CALIFORNIA <br />RESOLUTION NO. PC-88-106 <br />RESOLUTION APPROVING CASE UP-88-46, APPLICATION OF <br />CHILI'S, INC. <br />WHEREAS, Chili's, Inc. has applied for a conditional use permit <br />to serve alcoholic beverages after 10:00pm on the site <br />of a proposed restaurant located at 4801 Hopyard Road; <br />and <br />WHEREAS, zoning for the property is PUD (Planned Unit Development <br />- Industrial/Commercial and Offices District; and <br />WHEREAS, at their duly noticed public hearing of September 28, <br />1988, the Planning Commission considered all public <br />testimony, relevant exhibits and recommendations of the <br />City staff concerning this application; and <br />WHEREAS, the Planning Commission made the following findings: <br />A. That the proposed location of the conditional use <br />is in accordance with the objectives of the zoning <br />ordinance and the purposes of the district in which <br />the site is located. <br />The subject use would be located in Hacienda's CPD <br />(Retail/Commercial and Financial Planning) district <br />which has characteristics of the City's C-C <br />(Central Commercial) district. The use is located <br />in an area where nighttime use would create no <br />nuisance to adjoining uses. As conditioned, a <br />restaurant-bar meets the land use goals for this <br />area and is beneficial to other CPD zoned uses due <br />to its attraction of shoppers. Locating the use in <br />a new, attractive building meets the goals of <br />enhancing the appearance of the City. <br />B. That the proposed location of the conditional use <br />and the conditions under which it would be operated <br />or maintained will not be detrimental to the public <br />health, safety or welfare, or materially injurious <br />to the properties or improvements in the vicinity. <br />The project, as conditioned, requires the use to be <br />operated in a non-nuisance manner. Other <br />restaurant-bar operations satisfactorily operate in <br />a non-nuisance fashion in similar locations, and <br />this use can also be so operated. <br />