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For this reason, this location is more advantageous for a restaurant than a retail operation. He has had minimal retail interest in this property and mostly interest from restaurants in the area that are aware of the demands of the community. He and the property owners are not opposed to the conditions imposed, they just want the conditions to be fair and equitable with the other conditions that have been imposed upon other restaurants in town. He and the property owners agree with the modified conditions of approval as long as they have the ability to modify them provided that the operation is running smoothly and not creating problems for the neighboring property owners and businesses. Mayor Hosterman believed the community needed more establishments where people can frequent and listen to some quite background music and join friends and neighbors, something similar to the Rose Hotel. She believed a bar, depending upon what type of bar and operation it is, would be embraced by people who frequent Main Street. She asked Mr. Straface what Council could do to help him fill this location and get this location rented to a tenant that adds to the vibrancy of the downtown. Mr. Straface believed that the conditions that were approved were somewhat restricted to some of the prospective tenants; however, the conditions are also protective of the adjacent neighbors and the property owners. He and the property owners want to see a restaurant that is more upscale and community friendly in this location. He asked Council to confirm the approval of the Planning Commission. Mr. Brozosky believed that Mr. Straface and the property owners had problems with the condition that required engaging security personnel. Mr. Straface believed that a business owner could come back and address some of these conditions imposed at a later date provided that the property is operating as a good neighbor. He was opposed to maintaining the surrounding property in front of and 100 feet therefrom the north and south limits of the structure. He asked how long the business owner and property owner would responsible for the maintenance of the surrounding property as there are no limitations mentioned in the conditions of approval. He would be willing to accept this condition because he believed the tenants would be willing to accept it. Roy Moret, owner of 739 Main Street and appellant, provided documentation to Council that outlined items contained in the original 1988 use permit for Union Jack Pub and compared those conditions to the current situation. He noted that there is a pressing demand for retail space. When he was informed that Angela's International Gifts would be closing, he placed an ad in the Pleasanton Weekly. Shortly afterwards, he had five serious applicants ail seeking retail space. Angela's International Gifts is now closed and the new tenant, Worthington Galleries West, is in the process of occupying that space to the immediate right of 725 Main Street. He referenced a Planning Commission staff report that was prepared on June 22, 1988 when the Union Jack Pub first submitted an application for a conditional use permit. The staff report mentions that restaurants are permitted uses in the Central Commercial District. All establishments that serve alcoholic beverages past 10 p.m., however, are considered bars, and therefore, require individual analysis to assure they are properly integrated with their surroundings. Restaurants attract customers to the downtown and are complimentary to retail businesses. Staff indicated that they believed the proposed use would be consistent with the goals of the Downtown Specific Plan. He asked Council to note the significance because it is restaurants that attract customers, but the establishment at 725 Main Street serving alcohol after 10 p.m. is by staff definition a bar. He referred to the findings mentioned in the staff report, which notes that staff felt the restaurant would not have an adverse affect on any surrounding properties as their normal operating hours are during the daytime. He noted that the neighboring properties have a variety of tenants whose normal operating hours extend into the evening as late as 9 or 10 p.m. He noted that the property owner of 725 Main Street has failed in numerous ways to Pleasanton City Council 13 04/05/05 Minutes