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3. MEETING OPEN FOR ANY MEMBER OF THE AUDIENCE TO ADDRESS THE <br />PLANNING COMMISSION ON ANY ITEM WHICH IS NOT ALREADY ON THE <br />AGENDA <br />There were none. <br />REVISIONS AND OMISSIONS TO THE AGENDA <br />Mr. Iserson noted that Item No. 6.a. and 6.e. will be continued to the September 23, 1998 Planning <br />Committee meeting. <br />5. MATTERS CONTINUED FOR DECISION <br />There were none. <br />6. PUBLIC HEARINGS <br />a. PUD-96-14, Merritt/Scholes IDeSilva/Gatesl <br />Application for Planned Unit Development prezoning and development plan approval for <br />91-single family (including three existing homes) on 46.4 acres located at 4131 and 4141 Foothill <br />Road. Alameda County's zoning for the property is A (Agricultural) District. The Planning <br />Commission will also consider the Negative Declaration prepared for the project. <br />Continued to September 23, 1998. <br />b. UP-98-46. Ricardo Oliveira <br />Application for a conditional use permit to operate a marital arts studio in an approximately 2,400 <br />square foot tenant space located at 148 Ray Street, Suite B. Zoning for the property is C-C <br />(Central Commercial) District, Core Area Overlay District, and Downtown Revitalization District. <br />Mr. Iserson referenced a staff reported dated September 9, 1998, and highlighted key azeas contained in <br />the staff report including the background, location, business hours, noise, signage, land use, and pazking. <br />Mr. Iserson stated that due to impacts of the martial arts studio on the neighbors and the applicant's <br />inability to mitigate these impacts during the review period, staff cannot make the required use permit <br />findings. Therefore, Mr. Iserson stated that staffs recommendation is to deny Case UP-98-46. <br />Discussion ensued relating to the City's tracking mechanism for code enforcement on conditional use <br />permits and the responsibility of the property owner in ensuring that tenants aze in compliance with <br />permits. <br />PUBLIC HEARING WAS OPENED <br />Ricardo Oliveira, applicant, 4839 Capriconos, Livermore, informed the Commission that the complaint <br />of noise and signage was from a single neighbor and stated that the landlord for the property has had a <br />PLANNING COMMISSION MINUTES Page 2 September 9, 1998 <br />