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Mr. Iserson said staff could look at that portion of the ordinance that addresses waiting the full year for the revocation, which he believed coutd be changed. To say whether the use permit does not run with the land is legally questionable. It is not clear whether the City can require a business of the same type but a different owner to obtain a new use permit. Mr. Roush has seen situations where the use permit has a life rather than being tied to a particular business with the idea that a property owner or a tenant must have some type of certainty in order to make certain improvements. Upon expiration, the use permit could be reviewed for renewal. Ms. McGovern noted that the Economic Development Department has identified types of businesses that the City would like to secure in Pleasanton. She asked if it would be appropriate for this department to consider uses that would be appropriate for this location. Mr. Fialho believed it would be an appropriate use and if the property owner were willing to engage the City in terms of finding a suitable tenant, staff would certainly cooperate with them. Mr. Brozosky believed a vibrant nightlife was needed in the downtown, particularly with the opening of the theater. It was moved by Mr. Brozosky, seconded by Ms. McGovern, to make the conditional use permit findings as listed on page nine of the attached Planning Commission staff report, and to adopt Resolution 05-020, a resolution denying the appeals, thereby upholding UP-88-17, subject to the modified conditions as shown in Exhibit A. Ms. McGovern wanted 725 Main Street to be a vibrant business in the downtown. She believed an appropriate use could be identified that would blend in with the remaining businesses in the downtown. In response to an inquiry by Ms. McGovern, Mr. Fialho said that if a business could be solicited that had a good reputation, Council would have the ability to lift the restrictions and the conditions when the business applied for their application. Mayor Hosterman noted that this could be made clear to applicants in the application process. Mr. Fiaiho said that staff would make this clear from a City perspective, and the property owner has the obligation to do the same. Mr. Sullivan indicated that he would support the motion, primarily because of the conditions and the reduced operating hours. He concurred with Ms. McGovern's comments related to how the City deals with conditional use permits in the past. Mayor Hosterman supported the motion. She wanted to provide Mr. Straface every opportunity to find a good tenant for the City of Pleasanton. She extended an invitation to assist him in any way possible. The roll call vote was taken as follows: AYES: Councilmembers - Brozosky, McGovern, Sullivan, and Mayor Hosterman NOES: None ABSENT: None ABSTAIN: None Pleasanton City Council 17 04/05/05 Minutes