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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, if the business could go to 24 hours right <br />away with a zoning change, even if the applicant is not able to operate 24 hours a day <br />now. He indicated that it does not sound plausible to him, but he just wanted staff to <br />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 />