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25 | to screen the homes from the adjacent commercial property. Board member Kohlstrand made a motion, seconded by board member Zuppan, to approve the project as amended. Approved as amended 5-0. 9-B PLN08-0479 - 1051 Pacific Marina Review of Compliance with Conditions of Approval. Pursuant to the conditions of approval of PLN08-0479, the Planning Board will be reviewing compliance of these conditions at this public hearing. Any interested person is invited to attend and give testimony regarding the stated conditions of approval as well as their opinions as to the compliance of the project with its conditions of approval. Further, at this hearing the Planning Board will have the authority to modify any condition of approval that they determine as appropriate to meet the findings prescribed for this permit as well as the spirit and intent of the Alameda Municipal Code. Margaret Kavanaugh-Lynch Planning Services Manager, summarized the project history and noted changes in the staff report given an update by the property owner. Board member Zuppan asked if the condition of approval regarding the preparation of food has been addressed. Margaret Kavanaugh-Lynch explained that the commercial kitchen has not been used at this site by the current tenant. Board member Zuppan asked for clarification on the business that was operating at this site. Margaret Kavanaugh-Lynch explained that the operator has been the same, however, the name of the business under which the operator was operating had been different. This situation has been remedied since the report was written. The board limited all speakers to three minutes. President Ezzy-Ashcraft opened the public comment period. Ms. Maria Powers-Bush, business operator for Hannah's on the Bay, elaborated on the business operations since December 2010 and the kitchen use to date. She reinforced that she makes every effort to comply with the conditions of approval as stipulated by the Use Permit. Mr. Michael Hershey, member of the Oakland Yacht Club, asked whether there have been compliance investigation reports in the past and whether these would be available for review. He also asked who the current business operator is and how they obtained permission to operate. Further, he asked for clarification on how the current operator can honor the previous operator's contracts. He would like to see that the conditions be enforced regardless of operator. Mr. Thomas Charron, neighbor, elaborated on his past and current investigative efforts on the various licensing of the operators. He observed non-compliance with the conditions for APPROVED Minutes Page 5 of 7 7/11/11 Planning Board Meeting |