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Commissioner Balch questioned the odd restriction for a such a small pad and suggested the City Council consider a city-wide moratorium on drive-throughs in CAP 2.0. Commissioner O'Connor noted that all components of the project were acceptable to the City except the drive-through. He indicated support for removing the condition. Commissioner Allen stated the particular location seemed like an outlier and indicated support for removing the condition. Vice Chair Brown disclosed that he visited Taco Bell yesterday and stated he supported the business. He discussed Taco Bell's corporate requirement for a drive-through. He expressed hesitation with removing the restriction without understanding the intent but also felt the decision should be based on current circumstances. Commissioner O'Connor moved to approve the proposal to remove the condition of approval and permit a drive through restaurant on Pad B subject to a conditional use permit and design review. Commissioner Pace seconded the motion. Commissioner Balch expressed concern about Taco Bell's corporate policy with respect to requiring drive-throughs, although supported the motion based on the apparent "singling out" of Pad B. ROLL CALL VOTE: AYES: Commissioners Allen, Balch, Brown, O'Connor and Pace NOES: None ABSENT: Commissioner Ritter Ms. Clark stated a resolution would be brought back to the Commission as a Consent Calendar item during the next meeting for approval of the motion made for Case PUD-89-06- 08M. RECUSAL At 8:05 p.m., Commissioner O'Connor, for reasons due to proximity, and Commissioner Balch, for reasons due to FPPC/economic conflict, recused themselves from Item 3 and left the Council Chambers. RECESS At 8:06 p.m., Vice Chair Brown called for a five-minute recess before the next Public Hearing item. The meeting reconvened at 8:11 p.m. 3. PUD-135, P19-0030, P19-0031 and Vesting Tentative Map 8528, Alaina StewartiBringhurst LLC — Applications at an approximately 3.28-acre site for: (1) amendments to the North Sycamore Specific Plan (NSSP) to: a) change the land use designation of an approximately 1 .01-acre portion of the site from Planned Unit Development — Agricultural (PUD-A) to Planned Unit Development — Medium Density Residential (PUD-MDR); b) allow the proposed PUD-MDR lots to have access from Planning Commission Minutes Page 6 of 13 January 22, 2020 run with the land. Ms. Clark confirmed that use consistent with an approved CUP could move into the same space. Vice Chair Brown stated neither straight zoning nor PUD would typically restrict the type of drive-through. Planning Commission Minutes Page 4 of 13 January 22, 2020 2020 age permitted to enter a tobacco store is 18 years old, or the individual must be accompanied by an adult, or with another individual over the age of 18 years old. Commissioner Brown stated that the difference to him was that a "go dark" provision made sense for tobacco retailers where underage individuals are still being exposed to tobacco products, tobacco advertising, and the like. He noted it could be difficult to "go dark" in a store that sells 100 percent tobacco products. Planning Commission Minutes Page 9 of 11 January 15, 2020