PC 111412 - Laserfiche WebLink

Acting Chair Blank stated that based on his experience and some research, generally speaking, in California, if a contract says that a business will use best efforts to accomplish something, the business will practically go bankrupt to make it happen. He expressed concern that this language could potentially expose businesses to very high levels of liability. Ms. Harryman agreed and said that she has seen "best efforts" used that way, similar to "use all efforts unless commercially infeasible" or something like that. Ms. Ott noted that staff is recommending the removal from the document of the phrase "to the best of their ability" because it does not have a definition. Acting Chair Blank inquired if there would be public notification of any proposal for modifying pre- existing Conditional Use Permit conditions when they come before the Planning Commission. Ms. Ott replied that this modification would be done at the staff level, and the action would be included in the Zoning Administrator Actions report. She added that following current procedure, that action can be appealed to the Commission. Acting Chair Blank inquired if the notification area of the proposed change would be within a 300 -foot or 1,000 -foot radius. Robin Giffin explained that the action would go to the Planning Commission and the City Council as part of the Actions of the Zoning Administrator report, with an opportunity to appeal. She added that no notification is done for this. Acting Chair Blank noted that it would be on an agenda that would come to the Commission, but the public would not be notified of the change unless they subscribe to the Planning Commission agenda. Commissioner O'Connor requested verification that it would be noticed if it were appealed to the Planning Commission. Ms. Ott said yes. THE PUBLIC HEARING WAS OPENED. Laura Olson, a Pleasanton resident and Executive Director of Pleasanton Downtown Association thanked everyone for recognizing the importance of these Guidelines and for supporting the PDA and the Task Force through this process, especially Commissioners Narum and former Commissioner Pentin for their participation on the Task Force. She reiterated that the PDA supports the original PDA and EVC recommendations and looks forward to having these adopted and implemented. She indicated that there is a tremendous amount of advantage for the Downtown to have these Guidelines in place, to have an even playing field, and to let businesses know that PLANNING COMMISSION MINUTES, November 14, 2012 Page 9 of 31