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Resolution No. 99-044 <br />Page Two <br /> <br />(b) <br /> <br />the noise and activity from the proposed business, due to its hours of <br />operation, is not compatible with the residential neighborhood located <br />across Stanley Boulevard and given the nature of the business (party rentals, <br />etc.) it is neither realistic nor practical to limit the hours of operation so as <br />to mitigate this impact adequately; <br /> <br />(c) <br /> <br />the design of the proposed modular building lacks details and appears to be <br />a temporary, not a permanent, building, which will negatively impact <br />nearby uses when Del Valle Parkway is extended; and <br /> <br />(d) <br /> <br />the applicant has failed to comply adequately and consistently with the Fire <br />Department's requirements for storing hazardous materials on-site; and <br /> <br />WHEREAS, based on the above findings, as well as based on the materials in the staff reports <br /> on this application, the City Council is unable to make the necessary findings to <br /> approve the application for either the conditional use permit or for design review. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES <br />AS FOLLOWS: <br /> <br />Section 1: <br /> <br />Denies Case AP-99-01, thereby upholding the decision of the Planning <br />Commission to deny Case UP-98-37/Z-98-176, the application of Peter <br />Shutts/Russ Morgan for design review and conditional use permit approvals to <br />allow a rental yard, outdoor storage, and accessory uses; and to allow the <br />placement and design of modular buildings, shipping containers, a maintenance <br />building, a new business sign, and the repainting of an existing building, for <br />property located at 3878 Stanley Boulevard. <br /> <br />Section 2: <br /> <br />The City Clerk shall forward a certified copy of this resolution to the appellants <br />with a notice that they have ninety (90) days following the date of adoption of this <br />resolution in which to seek judicial review of this action of the City Council. <br /> <br />Section 3: This resolution shall become effective immediately upon its passage and adoption. <br /> <br /> <br />