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The roll call vote was as AYES: Councilm~t~bers Brandes, Herlihy, LcClaire~ Mercer ~ and }~yor Philcox NOES: Norm ABSENT: None Mr., Scheidig po7inted out that Stoneson Development Company has met their legal requirements zegarding this project and are not under any obligation to make` further modifications or changes to the recreational vebicle yard. A_iLpeal of Lorin Medeiros to a decision of the Planning Commission UP-76-~l._7~L' .an.~:c_j~ioj..~Or a Conditional Use Permit to allow the retention. and operation of an ice ven_jd~ng machine in the parkin~ lot of Pleasanton ~iJuors at 728 Main Stree____t. ,I__naddition, Mr. Medeiros is appealing Condi- tion No. 1 of DesiSn Review Board Resolution No. R-76-25 recardin~ the loca- tion of the ice machine (Continued Open from 7-26-76) Mr. Harris presented his report dated July 20, 1976, regarding this matter. Mayor Philcox stated the public hearing on tbis item had been continued Open from the meeting of July 26, 1976. The following persons spoke in favor of the appeal: Ray V. Steele, 3955 Vineyard Avenue, #58 Hugh Walker, 62 W. Neal Street, Attorney represent the appellant The following person spoke in opposition to the appeal: James D. Quick, 554 Hamilton Way There being no further public testimony, Mayor Philcox declared the .~uDiic hearing closed. After considerable discussion, it was moved by Councilmember Brandes, and seconded by Councilmember Mercer, that Resolution No. 76--182, granting the appeal of Lorin Medeiros to a decision of the Planning Commission deny- ing UP-76-17, an application for a Conditional Use Permit to allow the retention and operation of an ice vendlug machine in the parking lot of Pleasanton Liquors at 728 Main Street and appeal to Condition No. 1 of Design Review Board Resolution No. R-76-25 regarding the location of the ice machine, subject to the following conditions: a four year time limit be attached to the Conditional Use Permit; that the setback for tbe ice machine be 21 feet from the rear property line; that Mr. Medeiros enter into an agreement with the City deferring his obligation to replace the sidewalk and driveway to his parking lot (except for existing hazardous areas) for two years; and subject to the six conditions set forth in the June 23, 1976, staff report to the Design Review Board except as modified by the above mentioned 21 foot setback and location of the machine at the northeast corner of his parking lot, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, and Mayor Philcox NOES: Councilmembers Herlihy and LeClaire ABSENT: None Councilmember H~rlihy s'~:ated he felt this was a violation of the trust that had been placed in the City Council to keep the downtown area com- patible with the General Plan and that this action was not consistent with ~Lhe Council's previous actions regarding expansion of the Grafco Service Station, the First Avenue Sbe].l Station, and similar requests~ i'~lay,:.~: Pi!-; i!cox i:-eca~.sed the n~eeting at 10;DO P~M. ,>layer: Philcox rec~'r~r, vened the meeting st t0~1.5 PUBLT~iC H~!jZ~!NGS (Co'.,,~td. ,) Application o~! Mc,,rrison Home~ l~c.:. ,: to re. zone a}~:~9.,.~zEh~%~ 24 acre a;ite, located south of Del Vaile_ Pa_rkwj and .inm~edi_f!.~!v e__.~__ast of HoEJfard from the PUD (Planned Unit Development) District to the R--1-6500 (Sinai. L Family Residential) District Mr. Harris presented his report dated August 4, 1976, regarding this matter. 3. 8/9/76 ]