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Mr. Scheidig explained that this item will be referred back to the Planning <br />Commission since changes to the Planning Commission recommendation are desired <br />by the City Council. <br /> <br />~ppeai of Lee Amaral of a decision of the.~esi~n Review Board and Plapning <br />Comm. ission granting Cases Z-76-120 and UP-76-19.~ a zoning permit and ~ondi- <br />tional use permit to allow vehicular access to Vervais Avenue from property <br />located at 4262 Stanley Boulevard <br /> Mayor Philcox stated he abstained from voting on this matter when it was <br />originally before the Council last year due to conflict of interest because <br />his bank was financing construction of the building at 4262 Stanley Boulevard. <br />The City Attorney advised the Mayor he had reviewed the provisions of the <br />Political Reform Act of 1974 relating to Conflict of Interests and discussed <br />the legality of the Mayor's participation with the Fair Political Practices <br />Commission staff. It was his opinion that there would be no conflict of <br />interest and that the Mayor 'could participate in the consideration of this <br />appeal. <br /> <br /> Mr. Harris presented his staff report dated November 3, 1976, regarding <br />this matter. <br /> <br /> Mayor Philcox declared the public hearing open. <br /> <br /> The following persons spoke in favor of the appeal: <br /> <br /> Daniel Ports, 4242 Vervais Avenue <br /> Lee Amaral, Attorney, 62 West Neal Street, representing George Garibaldi <br /> George Garibaldi, 4230 Vervais Avenue <br /> <br /> The following person spoke in opposition to the appeal: <br /> <br /> Bill Hirst, Attorney, 147 Bernal Avenue, representing Pleasanton Body Shop <br /> <br /> There being no further public testimony, Mayor Philcox declared the public <br />hearing closed. <br /> <br /> After considerable discussion, it was moved by Councilmember LeClaire, and <br />seconded by Councilmember Mercer, that Resolution No. 76-247, denying the appeal <br />of Lee Amaral of a decision of the Design Review Board and Planning Co~ission <br />granting Cases Z-76-120 and UP-76-19, a zoning permit and conditional use permit <br />to allow vehicular access to Vervais Avenue from property located at 4262 <br />Stanley Boulevard, and placing the following conditions on the Pleasanton Body <br />Shop and MuffIer Shop: (1) Business hours limited from 8:00 A.M. to 5:00 P.M., <br />Monday through Friday; (2) Use of loud tools be ceased by 12:00 Noon on Satur- <br />day; (3) Berms be placed across driveway of Pleasanton Auto Shop egress to <br />Vervais Avenue; and (4) The words "if necessary" be omitted in Section 8, <br />line 4 of Planning CommissiOn R Ql~tion No. 1452 related to on i ion o <br />this matter ~d~.--ln a~ltlon to the conditions set ~r%~ ~y %~e ~lanning <br /> ~~ · Commission in their Resolution No. 1452 regarding this matter <br />The roll call vote was as follows: · <br />AYES: Councilmembers Brandes, Herlihy, LeClaire, Mercer, and Mayor Philcox <br />NOES: None <br />ABSENT: None <br /> <br /> Staff was directed to inspect this business within sixty (60) days to <br />ascertain if conditions are being adhered to, and have the Police Department <br />make routine patrol and cite violators. <br /> <br />MATTERS CONTINUED FOR DECISION <br /> There were no matters continued for decision presented at this meeting. <br /> <br />SPECIAL REPORTS <br />Reports.Re: Amendment to Resolution No. 68-210~ Council Conduct~ Procedural <br />Guidelines (Contd. from 10-26-76) <br /> ~yor Philcox declared this item tabled temporarily. <br /> <br />REPORTS OF BOARDS AND COMMISSIONS <br /> There were no reports of Boards and Commissions presented at this meeting. <br /> <br /> 4. 11/8/76 <br /> <br /> <br />