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approval requiring that the use permit be automatically reviewed by the Planning Commission six months after opening. Finally, it should be noted that revocation of the use permit would not be a potential outcome due to the significant expenditure required on the part of the applicant to construct the Home Depot building. While revocation is possible in the case of a business using a generic tenant space or building already in existence, it would be legally problematic to revoke a use permit for a business which has made a substantial investment in a facility for its specific use. Staff would also require the applicant and owner of the proposed shopping center, Regency Centers, to make extra efforts to comply with the conditions of approval. Regency would be required to submit a monitoring plan to the City detailing how it intends to ensure that truck delivery and related operational conditions are met. The plan would include the hiring of an on-site monitor who would be responsible for ensuring that the all delivery trucks serving the shopping center use the designated truck routes and that all deliveries, loading, and unloading occur at the designated times. The plan would also include the installation of a video camera at the Stanley Boulevard truck entrance to document that the delivery trucks are occurring at the allowed times. Hazardous Materials: Recently there have been reports of serious hazardous materials violations at Home Depot stores statewide, leading to substantial court-imposed fines. Concerns have been expressed about a similar situation occurring in the Pleasanton store(s). Staff has discussed the situation with the City's Fire Marshall and Hazardous Materials Coordinator who have reported that although some Fire Code violations have occurred at the Johnson Drive store, they have been minor. The Fire Department conducts annual inspections of the facility, and the most recent report indicates issues involving labeling, documentation, and training, which are not considered serious by the Fire Department. City Council Procedural Options As stated previously, on May 15 the City Council introduced the ordinance approving the PUD Modification but later delayed the second reading necessary for adoption of the ordinance. Although the Council's action technically included approval of the conditional use permit and design review applications since those types of applications are approved by resolution which does not require a second reading, staff does not consider them to be in effect since they are dependent on the PUD Modification. Regarding the conditions of approval for these applications, staff has made changes to them but considers them to be clarifications to the originally approved conditions, not substantive modifications. With regard to the Mitigated Negative Declaration, staff has made no changes to it in that there is no new substantive information; while a supplemental traffic report was prepared, it confirms the original report in terms of weekday peak hour traffic, which is when traffic impacts are the most significant and most likely to occur. Moreover, the traffic information concerning what would happen if the Johnson Drive store were to close is speculative. Page 11 of 14