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staff indicated the applicant needed to appeal to the City Council. In subsequent conversations a <br />determination has been reached that since the use permit issues will not change, staff would <br />support Council referring the matter to the Planning Commission to consider. <br /> <br /> Mr. Pico asked if this was the applicant's desire. <br /> <br /> Mr. Swift said the applicant wanted to bring a different design before Council tonight. <br />Under Council's policy that is not possible. The design must go before the Planning <br />Commission first. If Council wished, the revised design plan could be referred to the Planning <br />Commission review. <br /> <br /> Mayor Tarver asked if Council denied this option without prejudice, would it allow this <br />issue to be heard again? <br /> <br /> Mr. Swift said that is correct. <br /> <br /> Mr. Roush said in order to deny it, it would have to be heard; Council could deny it <br />without prejudice in order to send it back. <br /> <br /> Mayor Tarver said if the applicant's desire is to go back through the process, then <br />Council could deny the appeal without prejudice, without hearing the issue. He did not want to <br />discuss the conditional use permit issues without having a design to look at. <br /> <br /> Mr. Roush said if the Council' s desire is to have the applicant submit a different design <br />with essentially the same use, and have the Planning Commission review it, the applicant would <br />need to agree to withdraw the existing application and reapply with a new design. But if it is <br />Council 's desire to take action on the application, it should hold the public hearing tonight. <br /> <br /> Ms. Michelotti said if it is Council's desire to deny the application, then the application <br />would not need to be sent back to the Planning Commission. She understood that Council could <br />request the applicant to withdraw the application or could send the application back to the <br />Planning Commission with conditional use permit and design review changes before the one year <br />limitation. <br /> <br /> Mayor Tarver agreed if Council was going to take action on the application the public <br />hearing should be held. He indicated that he did at the time not support the conditional use <br />application permit, but he did not want to discount the fact that someone might be able to come <br />up with uses and a design that would be satisfactory. If the applicant withdraws the application, <br />the applicant can start over again. <br /> <br />Pleasanton City Council 19 01/05/99 <br />Minutes <br /> <br /> <br />