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6. PUBLIC HEARINGS AND OTHER MATTERS <br /> <br />Item 6c <br />AP-98-13 (Appeal of Case UP-98-46) Ricardo Oliveira <br />Appeal of a decision by the Planning Commission denying an application for a conditional <br />use permit to operate a martial arts studio in an approximately 2,400 square foot tenant <br />space. (SR98:279) <br /> <br /> Wayne Rasmussen presented the staff report. <br /> <br /> Mr. Pico asked if there could be a short term period to review the operation to determine <br />if the potential changes have resulted in a reduction of the noise and complaints. <br /> <br /> Mr. Rasmussen said the use permit could be approved for six months, subject to the <br />recommended conditions, and then at that point have the Planning Commission review the use <br />permit to see if the conditions are being complied with. <br /> <br /> Ms. Ayala asked what conditions would need to be included in order to approve the <br />application. <br /> <br /> Mr. Rasmussen said the main concerns are noise and the potential disturbance to the <br />neighbors. The conditions of approval would need to include insulating the building and keeping <br />the door closed during operation. The concern with parking is a long term issue. If some of <br />the less intensive uses in the shopping area are replaced with a more inensive use there could <br />be a significant parking problem. He said Council could approve the project subject to the <br />conditions and then bring it back through a public hearing process in six months. <br /> <br /> Mayor Tarver said all conditional use permits are subject to the condition pertaining to <br />parking, noise, traffic, or any other impacts, (Condition No. 11). <br /> <br /> Mr. Rasmussen said Condition No. 11 is a typical condition that would be applied in a <br />case where staff is concerned that compliance might not be met in the future. <br /> <br /> Mayor Tarver asked if staff's concern is that the applicant has not been able to resolve <br />the issues and has been given time to do so. <br /> <br /> Mr. Rasmussen said yes. Through the Planning Commission process, traffic and parking <br />became additional issues. <br /> <br /> Mayor Tarver declared the public hearing open. <br /> <br />Pleasanton City Council 8 10/20/98 <br />Minutes <br /> <br /> <br />