CCMIN091995 - Laserfiche WebLink

The roll call vote was as follows: AYES: Councilmembers Michelotti, Mohr, and Mayor Tarver NOES: Councilmembers Dennis and Pico ABSENT: None ABSTAIN: None Re~0nSideration of Agenda Item 6d RZ-95-05. City of Pleasanton Consider amendment~ to Section 18.08 {Definitions} and Section 18.44 (Commercial Di~rict~} Of the PleaSanton Municipal Code to address brew pubs, microbreweries, self-brew establishments. (SR95:305) Mark Garetz, Hoptech, 3015 Hopyard Road, asked how the process works regarding the microbreweries. He asked why this particular business is being singled out for a conditional use permit? If he wanted to open a liquor store or a restaurant, he would not need a conditional use permit. He felt a conditional use permit might cause a potential setback to his business. He must put a lot of money down with the equipment manufacturer in order to get the equipment. The conditional use process could drag the whole process out for months. He felt there might be some misconception about what the business really is. It produces a small amount of odor for about an hour. The Planning Commission has addressed the problem and stated that if there is a problem with the neighbors, that the Planning Commissioner has the right to implement odor control to keep the neighbors satisfied. He attended the public heating tonight and said he agreed with everything that had gone on. When the public hearing closed the discussions changed and he did not realize that he would not be given another chance to speak. Mayor Tarver stated the difficulty is not just his business. Council is making a code change now to say it is conditional use and if there are no problems, we can come back and amend it to say it is permitted with these conditions. He felt that if there is nothing onerous about the microbrewery, with staff' s recommendations and the conditions that they have already attached to the ordinance, the conditional use permit could be processed without any substantial problem. That particular shopping center has had an on-going problem with the neighbors in terms of non-compliance with PUD conditions of approval by the management. Mr. Garetz stated that his business is already in the shopping center. Moving is not an option. Ms. Mohr asked if it were permissible to back up a bit; approve this project and adopt the draft ordinance, so this business can go forward and the code modification be subsequent to his approval? Mr. Swift replied yes. Right now a microbrewery is not permitted in that shopping center at all. This is why the code change is being made. First, the ordinance would have to be adopted the way it was originally presented (as a permitted use), but that would not take place 09/19/95 -24-