CCMIN031604 - Laserfiche WebLink

should be looking to make sure that what EBRPD wishes to do in its park can be done in a way that would minimally impact City residents or anyone who uses the Park for any of the existing uses. Through the conditions of approval and design modifications, staff believes it has identified, with the help of the public, all of the issues and believes all of the findings that would need to be made for approval of this project could be made. Therefore, staffis recommending approval subject to all of the conditions. Council is asked to look at the issues that were highlighted at the beginning to see if it wished to address conditions with respect to those as well. When the Planning Commission reviewed the application, it did deny it and felt the project was too large. The Planning Commission also believed that there was either too many traffic impacts or impacts that had not been adequately addressed at that time through the traffic model that was being used in conjunction with this application. There were also issues with respect to whether this was the right use, and the Planning Commission asked the applicant to look at a smaller facility and/or one that would be phased in a way that would allow the incremental impacts to be judged prior to additional expansions. For the public's benefit, Mr. Brozosky asked staff to explain the difference between a use permit and a conditional use permit. Mr. Swift said that he uses the terms use permit and conditional use p~mdt interchangeably and they are actually the same thing. A use permit allows cities to classify certain types of uses that may require special attention to make sure that they are going to operate in a way that is consistent with public health, safety and welfare. Not all uses in all zones will necessarily be good neighbors, but if conditions are added some of the impacts can be eliminated. A conditional use permit identifies those uses which are not allowed by right or by permission to occupy a particular site or particular location. Instead, the applicant is required to file an application, which is subject to review by the Planning Commission. The Planning Commission may add conditions to the way in which the use operates, or if it finds that the use is not going to be a satisfactory neighbor, it can turn the use down. Mr. Brozosky believed that the City normally allows permitted uses. This particular project is a conditional use. A permitted use means that once the project is approved, there is not much that can be done at that point. A conditional use means that Council can monitor a project throughout the life of the project. He asked if he was correct? Mr. Swift said that every zone has a list of uses that are allowed. The uses are either permitted or conditional, or the use is not allowed at all. In a single-family zone, individual single-family houses are a permitted use. The City does not have the ability to attach special site specific or project specific conditions to that house being built. On the other hand, in a residential zone, a daycare facility is a conditionally allowed use, and for a daycare facility to locate within a residential zone, the City is allowed to look at that particular use and decide what kind of conditions it needs to apply to make it a compatible use with its adjoining neighbors. A conditional use permit simply means that conditions are added, or the use is denied if the use will not be compatible. Pleasanton City Council 8 03/16/04 Minutes