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._- closure of the gate to rear parking after 7:30 p.m. There are now halogen lights at the back of " the center in violation of the conditions and the gate is never closed or locked. There have been continuous problems with noise and' loitering. He did not believe Mr. Abigana could properly monitor his business patrons to make sure conditions are adhered to. Mr. Gate believed the enforcement of locking the gate will create problems for the karate studio. He also believed there was an impact on the property values of the residences due to disclosure requirements. He cited a case in Alameda involving non-disclosure of a problem with a neighbor.' Potential buyers of homes on Longspur will have to be made aware of noise and other problems originating from the shopping center. Finally, Mr. Gate believed the proposed business was not in the best interests of any of the parties. The Council decision should be win/win/win. The residents will not win because of noise and impact to property values; the business will not win because of the competitive restrictions due to the conditions and potential loss of license if they are unable to manage their customers; the management of the shopping center will be forced to comply with conditions by keeping the gate locked and restricting parking; and lastly the City will lose because the residents will be continuing their complaints daily if the management does not meet the conditions. Mr. Tarver stated there have been conditional uses that were approved over the objection of neighbors and the problems the neighbors worried about did not happen. If violations occur, they will be addressed. The same conditions applied to those uses will be applied to this proposed use. William Stevens, 2793 Longspur Way, explained the geography of the various properties in relation to the shopping center. He complained of noise from the shopping center and reiterated the problems with lighting and the gate closing. He explained the parking problems in the shopping center, especially due to the business of the Popi Lounge and the Hop Yard Pub. He believed it would have been prudent for the management to enforce the prior conditions, i.e. closing of the gate, while this application is under review. In view of the fact that the management has not complied with conditions, it does not seem logical to believe that it will comply later. Mr. Stevens indicated the neighbors have not complained until now, but are conce~.'nexi that the addition of the new business wj'il make the situation intoierable. He commended Mr. Swift for acknowledging the concerns of the neighbors and trying to mitigate the situation. However, Mr. Stevens does not feel the management will be cooperative and the impact will be much more than it has been. The daytime noise of the day care is a problem and he believes the noise from the karate studio will be much worse at night. He appreciated Mr. Abigana contacting a number of people on Longspur Way, however, he did not speak to those directly affected. ' Mr. Tarver asked staff to investigate the points raised about the lights. Elizabeth Stephens, 2793 Longspur Way, referred to the pub using the rear parking lot for valet parking during the Scottish Games and the area was used by the Shopping Center for a promotion. She indicated there had been a karate school in the business park and it was 01/03/95 11-