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<br />~ Resolution No. PC-92-3l was entered and adopted approving Case UP-92-09 as motioned. <br /> <br />MAITERS CONTINUED FOR DECISION <br /> <br />UP-9().. 76. WilUsnn Moss <br />To consider revocation of a use permit for a small recycling co ection facility located at <br />2803 Hopyard Road for fallure to comply with conditions of a roval. Zoning for the <br />property is C-N (Neighborhood Commercial) District. <br /> <br />THE PUBLIC HEARING WAS OPENED. <br /> <br /> <br />Mr. Swift presented the staff report recommending denial of Case <br /> <br />William Moss, 3460 Virgil Circle, Pleasanton, represented the a lication. He presented <br />several pieces of information to the Commission and staff: A Government Guide for <br />Beverage Container Recycling, and a Notice of Violation letter fr the Code Enforcement <br />Officer of Pleasanton. He read from Page 2 of the Guide in reg to AB 2020 and Page 3 <br />which discussed the extent of control by the City or County in rec cling facilities. Mr. Moss <br />contended that the Code has been repealed and that the City of PI ton has no right to <br />revoke his use permit. In response to a comment by Mr. Swift, r. Moss stated that he has <br />no intention of screening his recycling facility, and reiterated that e City has no right to <br />revoke his permit. <br /> <br />In response to Commissioner Michelotti's question as to why he i unwilling to screen the <br />facility, Mr. Moss went into great detail of why he would not do . He feels he is being <br />discriminated against; that other recycling facilities are also in vio tion, if he is, and the <br />City has not revoked their permits. He thought his constitutional . ghts were being violated, <br />and in fact, did not feel that the Planning Commission had the rig t to hear his case. <br /> <br />At this time Mr. Beougher pointed out that the Planning Commis ion does have the <br />authority to hear the case. <br /> <br />Commissioner Hovingh commented that he has never seen the f <br />Moss said his hours are from 11 a.m. to 5 p.m. Wednesday, Th <br />a.m. to 5 p.m. on Saturday. <br /> <br />'ty open anyway. Mr. <br />sday, and Friday; and 9 <br /> <br />Mr. Moss again stated he felt he was being discriminated against y the City as no other <br />cycling center seems to be in conformance. <br /> <br />Chairman Mahern asked if Mr. Moss was aware of the requireme ts when he f1led for his <br />application. Mr. Moss said that at first he was not aware and ad .tted it took him a month <br />to try to comply. He reiterated that he felt the Commission does ot have the right to hear <br /> <br />~ Minutes Planning Commission <br />March 25, 1992 <br /> <br />Page 22 <br />