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compatibility, he would not be in favor of approving project. He mentioned that it is customary that all finds and penalties are paid in full prior to the hearing and should the public agency find the levy erroneous, the money would be refunded. He was surprised the applicant had not paid the penalties in this case. Commissioner Cooper stated that due to the business not generating large amounts of income, it is a marginal one. He stated that the land use is compatible and that basing land-use compatibility on future businesses in the area is not appropriate. He stated that the residents in the area knew there were businesses across Stanley Boulevard when they purchased the homes. He noted that the nature of the business does not make it aesthetically pleasing; however, it is a business that the City needs. He stated that the business meets the requirements of the Building Code and requirements of the Fire Department and it is a temporary business with a timeline for completion of a final project. He noted that the applicant did not intend to be non-compliant with City codes, and he noted with appropriate safeguards that findings can be made with a review of application. He noted if the applicant is denied, there is no place else in Pleasanton for this business to operate and he would be in favor of approving the application with conditions. Commissioner Sullivan stated that he could not make the findings and concurred with Commissioner Roberts that this business is a junkyard. He expressed concern with land-use compatibility issues, and the business being located near the Arroyo, the hours of business, and past compliance issues. He stated he desired a way to approve the application and permit the applicant to reach his permanent plan; however, he expressed concern with the two-to-four year timeline for completion of the final project. He suggested relocating materials temporarily until the final plan is approved. He concluded by stating he would like to see the project succeed; however, he could not make the findings. Commissioner Kameny expressed concern with this business being closed and noted that Stanley is a light industrial area and that the people who bought residences knew it was an industrial area. He noted that the conditions ensure that the business is conducted in a satisfactory manner. He noted he would have a problem making the findings based on its operation today, but he could if based on conditions of approval. PUBLIC HEARING WAS REOPENED Mr. Morgan readdressed the Commission and stated his intent is not for the business to be a junkyard. He noted he has removed a significant amount of debris from property. He expressed willingness to live with the conditions requested by staff and to make the property aesthetically pleasing. He noted he has removed six tents and added two containers. A motion was made by Commissioner Roberts, seconded by Chairperson Kumaran to deny Case UP-98-37/Z-98-176. PLANNING COMMISSION MINUTES Page 10 February 10, 1999