CCMIN010599 - Laserfiche WebLink

Ms. Michelotti said Council needed to request the applicant to withdraw the application. She asked if Council wanted the applicant to go back to the Planning Commission, how could that be done? Mr. Roush said if Council would like the applicant to go back to the Planning Commission without hearing testimony on this item tonight, and that is also the desire of the applicant, the applicant would need to withdraw the appeal and application. Then the applicant could reapply with a new design and/or a modified use permit application. Council would allow this to occur, notwithstanding the denial of the application by the Planning Commission. Mayor Tarver declared the public hearing open. William Hays Weissman, 7901 Stoneridge Drive, #401, said the applicant is agreeable to sending this application back to the Planning Commission to get this project where it needs to be. The concern the applicant has is the City going to court and getting an injunction. The applicant would like to continue operating as is while the process takes place. Mr. Roush said under the administrative remedy ordinance there are fines and penalties accumulating, so there is some incentive for the applicant to get this issue resolved. It would be prudent for the Council to say that the applications have to be back in front of the Planning Commission within a certain period; of time otherwise the City might seek appropriate relief by way of an injunction. Ms. Ayala asked what a reasonable time would be? Mr. Swift said six weeks. It was moved by Mayor Tarver, seconded by Ms. Michelotti, to allow the applicant to withdraw its appeal and pending applications, with the understanding that new applications be before the Planning Commission within six weeks. The roll call vote was as follows: AYES: Councilmembers- Ayala, Dennis, Michelotti, Pico and Mayor Tarver. NOES: None ABSENT: None ABSTAIN: None Pleasanton City Council 20 01/05/99 Minutes