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Condition of Approval No. 17 to ensure that the landscaping along Santa Rita Road and West Las Positas is designed attractively and in accordance with drought tolerant principles. Councilmember Narum asked what, if anything, the Police Department does to monitor the Condition of Approval requiring that alcohol coolers are locked after 11 p.m. Lieutenant Bretzing explained that the Police Department works with the Department of Alcoholic Beverage Control and Alameda County Public Health Department to monitor and ensure these types of compliances. Councilmember Narum said she considered the Chevron station at Valley and Bernal Avenues as the most comparable type of project, noting that it sells alcohol from 6 a.m. to 2 a.m. and operates a carwash literally across the street from residences. She recalled some issues with noise, which were ultimately resolved, when the project was first approved. She asked if the assumed technological advances and ability to mitigate noise there lent any level of confidence that it will not be an issue here. Mr. Weinstein acknowledged that the project had solicited noise complaints, ultimately resulting in the installation of a noise mitigating door after the start of operations. He said that type of feature was one of the mitigation options explored for this project, but special issues at this site, the need to elongate the carwash in order to incorporate the door, and the fact that other equally effective noise mitigation measures were in place left staff and the consultants confident that it will likely not be an issue. Mr. Fialho added that the complaints to which she referred came shortly after construction of the gas station and carwash. After returning to the Council for additional modification, the operator installed the noise attenuating doors and reconstructed the fence line separating the drive-through from the neighborhood and the complaints subsequently dropped off. Councilmember Narum asked how the zoning would be affected if the applicant were to change the site's use at a later date. Mr. Dolan explained that the PUD creates a one of a kind zoning district which includes everything allowed in the existing C-N designation and the two additional uses outlined. Anything currently allowed within the C-N district would be allowed in place of the convenience store as an over the counter application. The PUD, however, governs both uses and physical improvements so any physical alteration of the building would require a PUD amendment. Staff would make a judgment as to whether it was a minor or major change, the latter of which would the applicant to pursue this process again. Mayor Thome asked why, given that the project would come back before the Planning Commission if there were issues, there was not support for an automatic review within six months. Mr. Dolan explained that he discouraged the Commission from moving in that direction, largely because he felt there would be too much temptation to build that sort of requirement into every application they approve. He said that it is overwhelming both administratively and mechanically to do so with every use permit and did not seem like a good process to adopt. Mayor Thome suggested that, based on the number of emails received from the surrounding neighborhood, the requirement might actually help to assuage some of their concerns. Councilmember Cook-Kallio thought it added an unnecessary layer to require a review when the ability to take it back to the Commission in the event of issues already exists. She recalled a conversation where the new gas station near Bernal Avenue installed a fast food restaurant without the city's knowledge and asked whether the potential for that exists here. Mr. Dolan said "no." City Council Minutes Page 14 of 22 November 18, 2014