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7. PUBLIC HEARINGS "' Item 7a AP-94-06 (UP-94-16/Z-94-52) R & S Lawn Service Appeal of the decision of the Plannin~ Commission approving a conditional use permit to establish a landscape maintenance service and approvin~l desiRa review for a 3,000 square foot storat, e gara~,e to be located at 201 Spring Street. Zoning for the property is C-C (Central Commercial) District. (SR 94:267) Jerry Iserson presented the staff report. Ms. Scribner indicated she had appealed this application because it is a conditional use and she believes there should be periodic reviews of the use. Mr. Iserson responded that the Planning Commission reviewed the operational characteristics of this use and imposed conditions, all of which the applicant has agreed to. The Municipal Code contains a provision which requires a review of the use if the conditions are not met and/or if the use is no longer appropriate for the area. He further explained the City's ordinance concerning amortization procedures. Mayor Tarver declared the public heating open. Armand M. Estrada, representative for Steven Grimes, stated that in order to make improvements to the property and operate his business, Mr. Grimes needs assurance that he will be able to operate his business for many years. The purpose of the ordinance is to make sure the use is appropriate now. In addition, Mr. Estrada believed that any appeal should have come from the public and it is clear the public is happy with this application. He further stated that the only objection to the staff report was with regard to Condition No. 30 regarding a remote control mechanism for Police activation of restricting gates on the property. He indicated the Police Department did not require this and requested that the condition be changed to require such a device only if the Police Department required it. Robert Wright, 2538 Corm Bella, indicated Mr. Grimes has done everything possible to make the best of the area and believed regulations exist to be sure this continues to be a good use. He appreciated a young person opening a new business in downtown. Pat Lane, Pleasanton Downtown Association, 603 Main Street, indicated the Downtown Association had unanimously approved this use at the Board of Directors meeting of 4/11/94. John Ferreri, 6330 Laura Lane, indicated Mr. Grimes had been doing landscape maintenance for his properties for ten years and always did a good job. He described Mr. 08/02/94 4