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existing retailers. Ms. Seto explained that the retailers had provided suggestions including "going dark." Commissioner Balch inquired about recreation facilities versus parks; he referenced Gingerbread Preschool and clarified it was within Amador Park. Ms. Seto clarified that the Senior Center was a recreation facility. Commissioner Balch referenced the three high schools indicating there were no retailers within 1,000-feet of the schools. He stated students traveled further to obtain tobacco products. Ms. Seto clarified that Amador High School was not within 1,000 feet of the Safeway on Santa Rita Road, however, Alisal Elementary School was within 1,000 feet of the Safeway. Commissioner Balch referenced Commissioner Brown's comment about "going dark" and whether the retailers were agreeable to that suggestion. Ms. Seto explained that the group discussion raised various retailers' suggestions. Commissioner Balch discussed his opinion that the Youth Commission would like change within the 1,000-foot buffer and he mentioned grandfathering existing tobacco retailers, which had been brought up by the Economic Vitality Committee and whether that was the change the Youth Commission had been seeking. Commissioner O'Connor inquired about grandfathering regarding the buffer options and asked what other cities were doing. He also inquired about the expected change and the impact for the future. Ms. Seto stated she spoke to staff from the City of Livermore, but their changes had only been in effect for a short period, specifically since January 2020; she referenced the process of legal non-conforming uses. Commissioner Balch questioned the restrictions on a legal, non-conforming gas station. Ms. Seto explained that tobacco products could not be sold within the 1000-foot buffer. Commissioner Allen inquired as to what would happen if an existing business was sold to another property owner. Ms. Seto explained that most uses ran with the land under a conditional use permit. She stated a remodel or expansion would not allow expansion of legal, non-conforming uses. Commissioner Balch referenced the recent Shell/7-Eleven project on Hopyard Road and whether that would be an exception. Community Development Director Ellen Clark responded that project was modifying its use to include a combined gas station and convenience store, therefore, a restriction on tobacco could be imposed. Excerpt: Draft Planning Commission Minutes, January 15, 2020 Page 2 of 9