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being a commercial operation in a residential area. He stated that he is in support of an ordinance only if <br />all references to health benefits be deleted as well as deleting any reference to public safety under <br />Section 18.110.105. <br />A discussion took place relating to health effects, and the Commission agreed, except for Chair Cooper, <br />that the ordinance was not predicated on health effects. Chair Cooper also expressed concern with the <br />implied references in the staff report. He further pointed out that Section 18.110.030 makes a clear <br />reference to health effects, and he would like to have that section modified to state that " ...the use has <br />resulted in a substantial adverse effect on property values and the character and aesthetic quality of <br />Pleasanton...". He feels that modifying that Section better conforms the ordinance to the <br />Telecommunications Act and will help it stand legal challenge. <br />A motion was made by Commissioner Barker, seconded by Commissioner Kumaran, <br />recommending approval of RZ-97-07, subject to the conditions listed in Exhibit "A", except with <br />the following amendments: <br />1. Delete Section 18.110.040.20.j, Submittals, on page 14. <br />2. Modify Section 18.100.030, Revocation of Approval, to include language the clearly <br />identifies the City's notification and right to cure process. <br />3. Modify Section 18.110.250, Fees, to include providers in the technical expert selection. <br />ROLL CALL VOTE <br />AYES: Commissioners Barker and Kumazan <br />NOES: Commissioners Dove and Wright, and Chair Cooper <br />ABSENT: None <br />ABSTAIN: None <br />The motion failed. <br />A motion was made by Commissioner Wright, seconded by Commissioner Dove, recommending <br />approval of RZ-97-07, subject to the conditions listed in Exhibit "A", except with the following <br />amendments: <br />1. Section 18.110.160 to delete paragraph j. <br />2. Section 18.110.30 -include language relating to due process of remedy. <br />3. 18.110.260 -the lease agreement shall be limited to the start and ending dates of the lease. <br />4. 18.110.050 - Conditions C and E shall be modified to remove private schools, childcare <br />centers, senior care centers, assisted living facilities, and nursing homes. <br />ROLL CALL VOTE <br />AYES: Commissioners Dove, Kumaran, Wright and Chair Cooper. <br />NOES: Commissioner Barker <br />ABSENT: None <br />ABSTAIN: None <br />Planning Commission Page 16 March 25, 1998 <br />