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<br />to allow the sale to go through and provide Sh Boom the opportunity to have an existing permit <br />r-- to do business, with the stipulation that the Planning Commission would want to review their <br />use. <br /> <br />ROLL CALL VOTE <br /> <br />A YES: Commissioners Arkin and Roberts <br />NOES: Commissioners Kameny and Maas <br />ABSENT: Commissioner Sullivan <br />ABSTAIN: None <br /> <br />The motion did not carried. <br /> <br />Commissioner Maas moved to suspend the conditional use permit as filed under Case <br />UP-95-20, and reevaluate the matter at the first meeting in September. Commissioner <br />Kameny seconded the motion. <br /> <br />ROLL CALL VOTE <br /> <br />A YES: Commissioners Arkin, Kameny, Maas, and Roberts <br />NOES: None <br />ABSENT: Commissioner Sullivan <br />ABSTAIN: None <br /> <br />,,- <br /> <br />Resolution No. PC-2002-47 was entered and adopted as motioned. <br /> <br />Mr. Roush clarified that the Planning Commission's action suspends the conditional use permit. <br />He advised that the owners have 15 days to appeal that decision. He noted that the owners can <br />abide by the decision and suspend operation, with the matter coming back to the Planning <br />Commission at the first meeting in September, or the owner can appeal the decision within the <br />appeal period, and by doing that they can continue operation ofthe night club. He noted that ifit <br />is appealed, the matter will be heard by City Council at its second meeting in August or, more <br />likely, at its first meeting September. <br /> <br />Commissioner Arkin excused himselffrom the meeting at 12:20 a.m. <br /> <br />d. PUD-98-07-2M, Applied Biosystems <br />Application for a major modification to an approved Planned Unit Development (PUD- <br />98-07) to modify the approved construction hours for the Applied Biosystem's project at <br />6001-6085 Sunol Boulevard from 8:00 a.m. to 5:00 p.m., Monday through Friday, to <br />7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 5:00 p.m. on <br />Saturdays. Construction between the hours of7:00 a.m. and 8:00 a.m. and between <br />5:00 p.m. and 7:00 p.m., Monday through Friday, and between 8:00 a.m. and 10:00 <br />a.m. on Saturdays would be limited to "quiet work" such as surveying and staking, rebar <br />installation, onsite underground utility installation, concrete formwork, dust remediation <br />(i.e., water truck/sweepers), and general cleanup. Construction activities that generate <br /> <br />.--- <br /> <br />PLANNING COMMISSION MINUTES <br /> <br />July 24, 2002 <br /> <br />Page 16 <br />