PC 2006-48 - Laserfiche WebLink

PLANNING COMMISSION CITY OF PLEASANTON ALAMEDA COUNTY, CALIFORNIA RESOLUTION NO. PC-2006-48 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MILLS CORPORATION AND CHEESECAKE FACTORY RESTAURANT, AS FILED UNDER CASE PCUP-178 WHEREAS, Mills Corporation and Cheesecake Factory Restaurant have applied for a conditional use permit to allow alcoholic beverage and food service after 10:00 p.m., Monday through Sunday, at 1350 Stoneridge Mall Road in the Stoneridge Mall Shopping Center; and WHEREAS, zoning for the property is C-R[m] (Regional Commercial [Mall]) District; and WHEREAS, at its duly noticed public hearing of September 13, 2006, the Planning Commission considered all public testimony, relevant exhibits, and recommendations of the City staff concerning this application; and WHEREAS, projects of this nature are categorically exempt from the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission made the following findings: The proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purpose of the district in which the site is located. The 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 ensuring that public and private lands ultimately are used for the purposes which are most appropriate and beneficial to the City as a whole. As proposed and conditioned, the proposed alcoholic beverage service past 10:00 p.m. will be consistent with these objectives. The Cheesecake Factory is located on the Stoneridge Mall property. Bars conform to the CR(m) zoning district to provide locations to offer commodities and services to the residents of Pleasanton and surrounding areas. The proposed operation would increase the diversity of the mall's businesses and would work well with its existing businesses. The proposed conditions of approval for the project give the City the appropriate controls to ensure that the use does not have any negative impacts on the surrounding businesses and properties. The use permit for the alcoholic beverage service past 10:00 p.m. is in accordance with the objectives of the zoning district. Therefore, this finding can be made. 2. The proposed location of the conditional use and the conditions under which it 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. As conditioned, the proposed use will have adequate parking to meet project demand. There will be no live music, DJ bands, nor dancing. The applicant can be required to mitigate any future nuisances or problems. Therefore, the proposed alcoholic beverage service past 10:00 p.m. will not detrimentally impact the surrounding properties, and that this finding can be made.