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THE PUBLIC HEARING WAS CLOSED ,"-'" In response to an inquiry from Commissioner Kameny, Mr. Swift clarified the applicant's request for modified construction hours. Commissioner Kameny moved to recommend approval of Case PUD-98-07-2M, subject to the conditions in Exhibit "B," with the modification that "quieter" work that generates low-noise levels be allowed until 7:00 p.m. on Monday through Friday. Commissioner Maas seconded the motion. Commissioner Kameny noted that he recommended the additional hour because the applicant has been a good neighbor, there have been no complaints, and there are sufficient caveats in the conditions in the event that there are complaints. ROLL CALL VOTE A YES: Commissioners Kameny, Maas, and Roberts NOES: None ABSENT: Commissioners Arkin and Sullivan ABSTAIN: None Resolution No. PC-2002-48 was entered and adopted as motioned. -- e. PUD-02-3M and PCUP-61, Bernal Partners, L.L.C. Application for PUD Development Plan and Conditional Use Permit approval of a self- service gasoline station consisting of six fuel pumps, a 2,500 square foot convenience market including alcoholic beverage sales, a 2,500 square foot quick-service restaurant with drive-through lane, and a modification to the Bernal Properties PUD Development Plan to allow a 900 square foot drive-through carwash on an approximately 1.3-acre site located at 1875 Valley Avenue (southeast corner of Bernal Avenue and the Valley Avenue extension). The subject property is zoned PUD (Planned Unit Development)- CoO (Commercial and Office). Continued to August 14,2002. 7. MATTERS INITIATED BY COMMISSION MEMBERS Commissioner Roberts noted that the lights at Bernal and Vineyard are operational. Mr. Roush introduced Lynn Tracy Nerland who will be the new Assistant City Attorney effective in mid-August. --- PLANNING COMMISSION MINUTES July 24, 2002 Page 18