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198 <br /> <br /> The roll call vote was as follows: <br /> AYES: Councilmembers Mohr, Scribner, Tarver and Mayor Mercer ' <br /> NOES: None <br /> ABSENT: Councilmember Butler <br /> ABSTAIN: None <br /> <br /> Item 6d <br /> AP-gZ-8/UP-90-76r William Moss <br /> Appeal of a decision of the Planninq Commission to revoke a use <br /> permit for a small recyclinq collection facility located at 2803 <br /> Hopyard Road for failure to comply with conditions of approval. <br /> Zoninq for the property is C-N (Neiqhborhood Commercial) District. <br /> <br /> Mr. Mercer declared the public hearing open on the <br /> application. <br /> <br /> William Moss, 4360 Virgil Circle, gave out a binder to Council <br /> and staff containing supporting evidence for his appeal. He <br /> believed that he was being discriminated against because the City <br /> was only enforcing the recycling ordinance on his facility. He <br /> explained that he had no intention of complying with the ordinance <br /> until the other recycling facilities were enforced. Mr. Moss <br /> referred to his book several times to support his presentation. He <br /> also explained AB 2020 and AB 2039. Due to changes of these bills, <br /> Mr. Moss believed that the City of Pleasanton no longer had police <br /> powers over these recycling facilities ..... <br /> <br /> Mr. Tarver asked if Mr. Moss realized that when the <br /> conditional use permit was granted to him there was a condition <br /> that he would need to screen his facility. <br /> <br /> Mr. Moss answered yes but he objected to this condition <br /> vigorously. <br /> <br /> There being no further testimony, Mr. Mercer declared the <br /> public hearing closed. <br /> <br /> Ms. Mohr referred to the allegation that the City had not been <br /> applying this ordinance to all facilities and asked staff to <br /> explain. She also asked if it was prohibited to retroactively <br /> enforce the ordinance. <br /> <br /> Mr. Swift stated that he was not aware of any applications for <br /> a small recycling facility since the adoption of the ordinance. <br /> Mr. Moss' facility was the only one applied for since the ordinance <br /> was brought into effect. Staff specifically drafted the ordinance <br /> so that it would be part of the Public Health and Safety Code <br /> rather than the Zoning Ordinance to allow staff to require <br /> screening of those that were put in advance of the ordinance. <br /> <br /> 4/21/92 8 <br /> <br /> <br />