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.__. Chairperson Maas suggested that Mr_ Stoklosa work that issue out with staff. Ms_ Decker advised that staff had no issues with that suggestion and deferred to the direction ofi-the Planning Commission. She added that it could. be a irtessy tree, was not necessarily good for a plaza, and would be able to be removed or relocated. She noted that the island area may be changed to incorporate the tree, in addition to some public art in response to an inquiry by Chairperson Maas regarding the appropriateness of a pon~egran ate tree in a plaza area, Mike Fulford, City landscape architect, advised that a pomegranate tree produces apeach-sized fruit that can dry and break open, which can. then stain sidewalks. However, if the fruit is rcnioved, it will not be a messy tree. Discussion. ensued among the C7otrimissioners, and Chairperson Maas noted that this was not a heritage tree and would like to defer the decision to staff. Mike O'Callaghan, 125 West Neal Street, Pleasanton Downtown Association, commended the applicant and his architect for their persistence with this prof ect_ I-Ie complimented there on doing an excellent job in adhering to the Downtown design guidelines_ He noted that the subcommittees of the Pleasanton Downtown Association had examined every aspect of this use and wholeheartedly supported the project. THE PUBLIC HEARING WAS G'LOSED_ Ms_ Nerland advised that Condition No. 7 contained an incorrect reference to the Pleasanton _- Municipal Code and added that typically, the City did not condition itself in a private project. She suggested that the second sentence of the condition that referred to the Code be deleted. Commissioner Arkin complimented the applicant on a phenomenal job on this project. Chairperson Maas cotriplin~tented the applicant on listening to the Planning Commission so care fu] 1 y. Cotnirtissiotier Roberts thanked the applicant for listening to Larry Cannon's suggestions so well. Commissioner Fox moved to approve PDR-316, subject to the conditions of approval as shown on Exhibit B of the staf"f report, as recommended by staff, with the modifications that the second sentence in Condition No_ 7 be deleted_ Commissioner Blank seconded the motion_ Chairperson Maas proposed that Condition No_ 31 be amendment to require the applicant to work with staff regarding the placement of the pomegranate tree_ Commissioners Fox and Blank accepted the proposed amendment. PLANNING COMMISSION MiNUT)/S November 16, 2005 Page 15 of 23