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Mr. Swift reviewed the conditions of approval and the minutes of <br />the Planning Commission regarding this case. He said that at <br />the Planning Commission meeting Gary Carr stated he would like <br />to see a limit on the hours of operation. Mr. Connolly said <br />there would be nothing past 14pm, twhich was reiterated <br />tonight). Mr. Carr also had said he would like a condition put <br />on the development plan that there would not be any 24 hour <br />businesses. The final condition was added at the Planning <br />Commission level that there be no 24 hour stores or uses <br />permitted in the shopping center. That condition was continued <br />on the project as it was appealed to the City Council. There <br />were no restrictions as to hours except that there be no 24 hour <br />operation in the center. <br />The public hearing was reopened. <br />Mr. Fuente, 223 Tomas Way, expressed concern about the passible <br />sale of alcoholic beverages before 14 pm. Chairman Michelotti <br />clarified that they would have the right to sell beverages <br />before and after iDpm if the conditional use were approved. <br />Linda Barsted, Junipero Street, felt the proposed Mountain Mike <br />was not an appropriate establishment to be so near a residential <br />district. She felt that when the complex was first approved it <br />was said that nothing would operate past lOpm. Chairman <br />Michelotti reiterated what was subsequently approved by City <br />Council. <br />Gary Carr, 211 Tomas Way, asked if the closing time #or the <br />restaurant would be 11 or 12 midnight. Mr. Swift said it would <br />be 12 midnight. Mr. Carr asked what would happen if they wished <br />t^ have the hours changed. Mr. Swift explained that if the <br />hours were to be changed they would have to be requested and <br />then new notices would be sent out to the nearby residents. <br />Mr. Carr stated he is opposed to any hours past iDpm as he lives <br />next door to the establishment and wondered what he can do about <br />it if it does create problems. <br />Chairman Michelotti said that if problems do arise he could <br />voice a complaint to the Planning Department. <br />Commissioner Hoyt asked Mr. Swift if he knew of any problems <br />associated with any Mountain Mikes. He responded that he knew <br />of none and likewise with any similar pizza places near other <br />residential areas. <br />A gentlemen (gave no name) suggested that it might be <br />appropriate to condition the use permit to lapm and if <br />everything is satisfactory until that time, then to approve it <br />until midnight. It was agreed that this would be difficult to <br />monitor. <br />Grian Mellin opposed any sale of alcoholic beverages and asked <br />Page 11 <br />