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There being no further testimony, Mayor Brandes declared the public hearing closed. After considerable discussion, it was moved by Councilmember Kephart, and seconded by Councilmember Mercer, that Resolution No. 79-162, to deny the appeal by the Stoneson D'evelopment Corporation of a condition of approval by the Design Review Board of a 158 unit condominium project proposed to be constructed on the south side of Stoneridge Drive between Pleasant Hill Drive and Springdale Avenue, said Condition requiring the ownership and maintenance of that portion of Gold Creek between Pleasant Hill Drive and Springdale Avenue by the condominium home- owners association, be adopted. The roll call vote was as follows: AYES: Councilmen Butler, Kephart, Mercer, Wood, and Mayor Brandes NOES: None ABSENT: None Appeal of Robert Pears.on~ et al~ of a decision of the Cit7 Plannin~ Commission ~antin~ a conditional use permit for limited warehousing purposes at 37'~1-'2~ Old Santa Rita Road (UP-79-15) (Continued Open from 8-28-79) Mayor Brandes stated that the public hearing had been held at the meeting of August 28, 1979, and asked that a decision be made by Council at this time. It was moved by Councilmember Kephart to deny the appeal and attach a condi- tion to the conditional use permit to regulate house of delivery. Mayor Brandes stated he felt the appeal and the condition should be handled separately. Councilmember Kephart withdrew his motion. It was moved by Councilmember Kephart, and seconded by Councilmember Mercer, that Resolution No. 79-163, amending CUP-79-15, application of Joe Madden for a conditional use permit to allow the warehousing and wholesaling of food products in the commercial service complex presently under construction at 3701-23 Old Santa Rita Road subject to the four conditions of the staff report; plus a fifth condition which limits the amount of space which may be allocated for this use; Kilpatrick's Bakeries, Inc., Units #13 and #14, 2000 sq. ft.; R & G Distributors, Unit #22, 1,000 sq. ft.; and School Sales Company, Unit #5, 800 sq. ft., to in- clude another condition that no tractor-trailer type vehicles be allowed to de- liver to or leave these premises between the hours of 12 midnight and 6:00 A.M., be adopted. The roll call vote was as follows: AYES: Councilmen Butler, Kephart, Mercer, and Wood NOES: Mayor Brandes ABSENT: None It was moved by Councilmember Kephart, and seconded by Councilmember Mercer, that Resolution No. 79-164, denying the appeal of Robert Pearson, et al, of a decision of the City Planning Commission granting a conditional use permit for limited warehousing purposes at 3701-23 Old Santa Rita Road (UP-79-15), be adopted. The roll call vote was as follows: AYES: Councilmen Butler, Kephart, and Mercer NOES: Councilman Wood and Mayor Brandes ABSENT: None 8. 9/11/79