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33. T~at strict control of dust be maintained at the subject site at all times during construction; 34. That the developer prune the trees along the northern property line and remove any dead or dying trees subjec to prior approval of theICity Engineer; be introduced. The roll call vote was as follows: AYES: Councilmembers Butler, Kephart, Mohr, Wood, and Mayor Mercer NOES: None ABSENT: None Application of the Plannin~ Commission of the City of Pleasanton to amend Section 2-7.08(a)~ Aaticle 8, Chapter. 2~ Title I.I..of the Ordinance Code of the City of Pleasanton to conditionally allow hardware stores in the CN (Neighborhood Commer- cial) District Mr. Harris presented his report dated August 15, 1980, regarding this matter. Mayor Mercer read the proposed ordinance. Mayor Mercer declared the public hearing open. The following persons spoke in favor of conditionally allowing hardware stores in the CN District: Mr. Fred L. Houston, 6015 Scarlett Court, Dublin, stated he was one of the property owners of the neighborhood shopping center site in Fairlands. He re- quested that hardware stores be conditionally permitted in the CN District, stating that there is a need for this type of store in this neighborhood shopping center, that it will be fully contained, and that financing of the development can be assured by securing this tenant. He stated the Center is large enough to easily allow the hardware store and that it will be a convenience for residents in the area. He added that the only opposition voiced by the Planning Commission was the integrity of the zoning being violated. Mr. Yvan Albert, 7926 Hillsboro Court, stated there is a difference between a hardware store and a home improvement center, stating that a home improvement center handles larger commodities such as electrical, plumbing, and lumber, while a hardware store caters to the particular need of a neighborhood. Ms. Betty Rider, 4393 Miradot Drive, stated she felt there was a need for this type of business in this area and that it is a good use in any neighborhood. Mr. William G. Kovac, 3124 Weymouth Court, stated he originally opposed this development but now had no objections and is in favor of allowing a hardware store as a conditionally permitted use, as long as it is fully contained. No one in the audience spoke in opposition to this item. There being no further testimony, Mayor Mercer declared the public hearing closed. Councilmember Kephart stated he would support staff's recommendation opposing this amendment, stating that hardware stores do not meet the purpose of the CN District zoning, therefore is not a proper usage. 6. 8/26/80