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Seto: I would just clarify because this issue is one of those issues is actually protected under the First Amendment so it has to be a permitted use, but in my probably 15 years I worked for the City I've never seen an application come forward if that provides any history. Commissioner Balch: It's discussed more broadly in here somewhere. Commissioner O'Connor: So, it's protected. It has to be permitted somewhere you're saying? Seto: Yes, it has to be permitted somewhere in the community. Under a court decision, you have to provide a reasonable number of locations and at times there have actually been challenges where certain interest groups say having them only in industrial commercial areas is not enough; that you should have them in more main stream areas and our ordinance has always tried to keep them in areas that they wouldn't have as much interaction near residences or parks or schools. So we picked some areas as limited as possible to still meet the letter of the law in terms of providing a few options. Commissioner O'Connor: So the one glaring area that I saw out of the list was again the C -C area. It means they're permitted downtown? Beaudin: Except they're not because the separation criteria related to it. It's within 500 feet of any other adult entertainment business, 500 feet of any residential zone or use, or within 500 feet of any church, school, public park in the City, 500 feet of selling or serving alcohol. So, we permit them, but then we have these very specific criteria. I would imagine there's a patch of soil in Pleasanton where someone could meet this criteria but I couldn't identify it for you. Chair Ritter: But we've met our obligations. Seto: That's correct. Commissioner Allen: Well, thank you for clarifying. Commissioner Brown: Did we address the Hacienda letter from Mr. Paxson? He consistently called out there is no clear direction provided as to what happens in the event of a discrepancy between an approved PUD and direction provided by the table. He points out the same point Commissioner O'Connor made earlier in that we have a lot of PUDs in this city and do we need to explicitly say that in the case of a discrepancy, the PUD takes precedent over the table. I think this was his point. Beaudin: There are administrative sections and there are kind of rules of interpretation that exist in a lot of City zoning codes and so I would imagine us doing that in a future phase and creating that for the City of Pleasanton. In the meantime, there's just what we do practically as practitioners in using the code on a regular basis and from a legal perspective. So, you have the base zoning district and then you put a PUD on top of it and the PUD guides. I understand Mr. Paxson is interested in saying that. We can add a footnote to say that, but the reality is, it's clear to everyone who uses the code from PLANNING COMMISSION MINUTES, December 14, 2016 Page 29 of 49