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Mr. Pavan concurred with Ms. Decker's assessment and believed that the Commission's <br />consideration of the sum total of the business could include the fagade. He believed that the <br />definition of improving the building's appearance should be defined, which could range from <br />re-painting to a stand-alone design review application. <br /> <br />Chairperson Maas advised that she had driven behind the building and noted that the appearance <br />of the back patio was somewhat unattractive; if someone wanted to improve the patio for future <br />use as a dining area, this would be the ideal time to encourage that. Mr. Pavan concurred with <br />Chairperson Maas's statement. <br /> <br />In response to an inquiry by Commissioner Roberts' inquiry whether the use permit could be <br />suspended and the conditions rewritten for a new tenant, Ms. Decker replied that it could be <br />done. Any new business owner must come to the City for a business license; conditions could be <br />written so that any change of ownership would come before the Planning Commission for any <br />design review. <br /> <br />Ms. Nerland cautioned that the conditions of approval cannot go into the future, dependent upon <br />who the business owner was; the use permit would run with the land. She noted that the use <br />permit could be suspended with the requirement that a design review application be brought <br />forward with possible modifications to the use permit. <br /> <br />Commissioner Fox inquired whether it would be possible to replace the current door with a <br />larger door that would enable police to see in the building during drive-by patrols. <br /> <br />Chairperson Maas expressed concern about revoking or suspending the conditional use permit, <br />which would make it difficult for a new business to commence operations. <br /> <br />Commissioner Arkin would like to see a jazz club in Downtown Pleasanton and noted that <br />previous promises regarding the nature of the business in that location had been broken. He <br />suggested that six months after a new business opens, the owner appear before the Commission <br />for a review. He noted that would also protect the community. <br /> <br />Chairperson Maas agreed with Commissioner Arkin's suggestion to allow a new business an <br />opportunity to become successful. <br /> <br />Commissioner Blank also agreed with Commissioner Arkin's suggestion and added that food <br />service must take place whenever alcohol is served. <br /> <br />In response to an inquiry by Commissioner Fox regarding the possibility of closing the back <br />patio, Commissioner Roberts suggested that be addressed at the six-month review. If the back <br />door is being used inappropriately, it could be changed to a fire door exit. <br /> <br />In response to an inquiry by Commissioner Fox regarding security personnel, Ms. Decker <br />brought the Commission's attention to Condition No. 4, which addressed time constraints as they <br />applied to performance. Security personnel retained by the business would give weekly reports <br />identifying activities on-site; these reports would be available upon request by the Planning <br />Director or the Police Department. If there were unacceptable activities on-site, the use would <br />be re-directed to the Commission for an additional public hearing to review performance. <br /> <br />EXCERPTS: PLANNING COMMISSION MEETING M1NUTES, February 23, 2005 Page 5 of 6 <br /> <br /> <br />