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7-Eleven brand and about the sale of alcohol. She noted that the sale of alcohol is not just yogurt; it is a change to the conditions that exist today in a commercial neighborhood. He asked Mr. Hirst why the sale of alcohol was not disclosed in the petition that he had spent so much time creating and walking around. Mr. Hirst replied that it probably for the same reason that Safeway does not say that they sell beer and wine when they submit an application. He stated that when someone has a food store, it is pretty common knowledge that you are going to have beer and wine. He added that it is not a big deal and that they are not trying to hide anything. He noted that if the question were ever asked, they would have certainly said so. He pointed out that Mr. Roesbery does not sell beer and wine now, and he does not have a 2,000-square-foot foot food store or LED lighting or bike racks now either, and none of those things were mentioned in the petition. Commissioner Allen asked Mr. Hirst why the 7-Eleven was not mentioned. Mr. Hirst replied that he thinks what Commissioner Allen is really asking is why there is a distinct bias against the 7-Eleven brand, and he would turn around and ask why there is a distinct bias against the 7-Eleven brand. Commissioner Allen addressed Mr. Hirst that they were not here to debate but that what she is saying is the fact that he had made a decision on 7-Eleven and people were not informed. Mr. Hirst stated that what made this decision, as was mentioned tonight by many people in the business, is that 7-Eleven is the best operated small food store in the business. He added that 7-Eleven is the 9th largest food store retailer in the country. Commissioner Balch inquired if the applicant looked at other providers beyond 7-Eleven and gave them a serious thought. Mr. Hirst said yes. He indicated that Mr. Roesbery had an independent, "unbranded" store for his Antioch gas station, and after serious consideration, he converted it to a 7-Eleven. He noted that Mr. Roesbery testified that he was happy with 7-Eleven, and Mr. Weldon talked about the 40 stores he had, including the ones he has built locally in Pleasanton, and he is proud and believes in the 7-Eleven brand. Commissioner Balch asked Mr. Hirst, with the mechanic bays being shut down, what would happen with that area if the application were denied. He added that he understands Mr. Hirst does not have a crystal ball into the future, but it is common to see that certain types of uses such as automotive and dry cleaning have contaminants or other concerns with soil. Mr. Hirst asked Commissioner Balch if he is talking about the future or the past. PLANNING COMMISSION MINUTES, August 27, 2014 Page 21 of 44