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Commissioner Balch clarified that he was asking what the alternative road might be if <br /> the application does not pass. <br /> Mr. Hirst replied that they never had that discussion because it has never been a <br /> consideration. <br /> THE PUBLIC HEARING WAS CLOSED. <br /> Chair O'Connor stated that two or three speakers talked about a future zoning change <br /> being in the works and noted that this is a PUD with Conditions of Approval. He asked <br /> staff to speak to that future zoning change possibility and, if it did happen, if it affects the <br /> PUD with the Conditions of Approval. <br /> Mr. Weinstein asked Chair O'Connor if he was talking about the 24-hour issue. <br /> Chair O'Connor clarified that his question is, even if the applicant is not able to operate <br /> 24 hours a day now, if the business could go to 24 hours right away if there were a <br /> zoning change. He indicated that it does not sound plausible to him, but he just wanted <br /> staff to address that. <br /> Commissioner Balch stated that he thinks one of the speakers mentioned that the <br /> applicant is willing to take restricted hours, less than 24 hours, and the concern the <br /> speaker had was that they could then put through a zoning change and request to be <br /> reinstated to 24 hours. He added that he had the same question. <br /> Mr. Weinstein replied that if that request were made, it would be considered a <br /> substantial change and would have to be brought back to the Planning Commission. <br /> Chair O'Connor asked staff if the applicant has the right to run 24 hours a day under the <br /> current zoning, because they could then have asked for it. <br /> Ms. Soo replied that she is not certain if the current Conditional Use Permit for the <br /> existing gas station has any restriction for hours or operation because the site is <br /> separate from the two shopping centers which have such restriction. <br /> Chair O'Connor requested confirmation that under a PUD and with the conditions that <br /> would be placed on it, the applicant would have to come back if he wanted to make a <br /> change. <br /> Ms. Soo confirmed that it has to come back to the Planning Commission. <br /> Mr. Dolan replied that it would actually come back to the City Council as well. <br /> Commissioner Balch indicated that he counted three exists off of the ingress or egress <br /> at the property: two off of Santa Rita Road and one off of West Las Positas Boulevard. <br /> PLANNING COMMISSION MINUTES, August 27, 2014 Page 22 of 44 <br />