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spoke against the application on hie own behalf and also that of members of the
<br />United Presbyterian Church. Mr. Fales explained that the Planning Commission is an
<br />advisory commission to the City Council and daea not issue instructions to the
<br />Building Inspector. He said he had observed an Enco service station on B Street
<br />in Hayward which is similar to that which is being proposed for Pleasanton. The
<br />Pleasanton General Plan and Centrol Business District Plan hoe a precept to keep
<br />traffic away from Main St. Chairman Landon stated that the Standard Oil Company
<br />hoe set a wonderful example of a good working relationship with the Planning Com-
<br />mission. There being no further comments from the audience, it was moved by Com-
<br />mieaioner Antonini, seconded by Commissioner Lozano, an3 carried, that the public
<br />hearing be closed. City Attorney Struthers stated that the subject application was
<br />filed April 22, 1965, and that is Section 19.803.3 of Ordinance No. 309 no mention
<br />is made whether failure to act hoe denial or granting ae an effect. He said ha is
<br />of the opinion that the Commission is in a position to act at this time. In re-
<br />epoaee to a question from Mr. Falea, Mr. Struthers said the ordinance introduced
<br />by the City Council would make service stations conditional uses in commercial
<br />districts. After the ordinance is effective, the applicant moat apply for a Con-
<br />ditional Use Permit if a building permit had not been issued pursuant to a valid
<br />Zoning Permit. Zoning ie an exercise of police power. The vested right of the
<br />applicant begins with the issuance of a building permit, Mr. Struthers added. He
<br />then explained that a Minor Subdivision is covered under the Subdivision Ordinance,
<br />while a Zoning Permit is under the Zoning Ordinance. Mr. Fales then proceeded to
<br />read Che report of the Subdivision Committee on the Minor Subdivision application
<br />for the subject property, which meeting wen held on May 21, 1965, and was attended
<br />by the staff and Meaera. Schweizer and Walker of Humble Oil & Refining Co., and
<br />which ep~roved the application subject to conditions including dedication of street
<br />right-of-way, construction of street improvements, and construction of an 8" water
<br />line in Weet Angela St. Mr. Falea elated Chat the staff ie not in a position to
<br />determine architecture and landscaping. and no discretion should be assigned to the
<br />staff; this ie the prerogative of the Planning Commission. Following considerable
<br />discussion, a resolution was made by Commissioner Johnston and seconded by Com-
<br />miesioner Rega that the application of Humble Oil and Refining Co. for a Zoning
<br />Permit in order to construct an automobile service station at 349 Main St., in a
<br />C-C District, be appaoved, but Chat the building permit not be issued until site
<br />plan, architectural and landscape approval has been given by the Planning Comtsisaion.
<br />This resolution was defeated by the following voter AYES: Commissioners Johnston
<br />and Rega; NOES: Commieeionere Antonini, Lozano and Chairman Landon. Upon motion of
<br />Commissioner Lozano, seconded by Commissioner Antonini, the following resolution
<br />was adopted by the following vote: AYES: Cormol.eaionere Lozano. Antonini, and
<br />Chairman Landon; NOESs Commissioners Johm [on end Rega:
<br />$ESOLUTION N0. 423
<br />WHERTiAS, Che application of Humble 011 and Refining Co., 1330 Broadway,
<br />Oakland, fora Zoning Permit with Site Plan, Architectural and
<br />Landscaping Approval in order to construct en automobile service station
<br />at 349 Main St., in a C-C District, hoe come before this Commission;
<br />NOW, TBERF.FORE, BE IT
<br />RESOL9ED, that the above-described Zoning Permit application is
<br />hereby denied, due to the undesirable architectural and
<br />landaraping concepts included within said application.
<br />Chairmen Landon opened the pnb?.ic hearing on the application of the Planning Com-
<br />mission to consider General Revision of Permitted, Accessory an3 Conditional Usee,
<br />Height, Area and Other Regulations in all Cosaserciel Zoning Districts, ea net forth
<br />in Ar~ic?.es 9 through 13, i4clu91ne, Ord, t?o. 309. There being no comments from the
<br />audiea~e, it •rae moved by Cormiaeioner Lozano, seconded by Commtasi.oner Antonini,
<br />a nd carried, that the p+:blic hearing be cloned. Chairman ?.andon recommended that a
<br />study session on t::e abo-.e mattr_r Se scheduled fc+c Jvne 9, 19G5, which was agreed
<br />upon by the Commission.
<br />Chaf.rssn Landon opcr.<d the nublic hearing on the application of the Planning Coax
<br />mission for Rmendmenta to Section 19.1000, Ord. ?'^, 309, Restricting or Increasing
<br />the Power of t?.xe Planning Comtsi.saioa to Grani• Land Ueae within Zonal where such Ueas
<br />are not a Permi.itad, Accessory or Conditional. Use. 2'hese being no comments from
<br />the audience, it was moved by Commi.saioner An~onini, seconded by Commissioner
<br />Lozano, and carried, that the public hearing be cloned. Mr. Struthers gave the
<br />background of reasons nA.ceasitating the d~ai.rability of the subject amendment. After
<br />
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