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_ approval of the staff report, including the extension of the wall along the south property line, plus other conditions the Commission wants to add. In response to Commissioner Sullivan's inquiry regarding the ability to modify the hours of operation or any combination of uses, or to revoke the use permit for any combination of the uses, Mr. Iserson replied that the Commission can make any modifications it wishes or revoke the use permit so long as it can make the findings for such modifications or revocation. He strongly suggested, however, that inasmuch as the applicant had made a substantial investment in the construction of center and in reliance in good faith upon the City's approval of the use permit and PUD development plan, the Commission first deal with modifications to the use permit in terms of the installation of the wall, the hours of operations, and other mitigations before considering revoking the use permit. Commissioner Sullivan commented that each time the Commission considers a conditional use permit application in a controversial project where there is a lot of neighborhood opposition, a condition is included indicating that the operation can be modified should problems arise; however, when such a situation arises, the Commission is not prepared to do that. Commissioner Fox presented two articles to the Commission regarding similar issues in Fremont and Santa Monica in which the installation of a 14-foot tall acoustical soundwall mitigated noise issues. She expressed concern that aneight-foot tall wall would not _ mitigate the noise and light issues for the two-story houses adjacent to the center. Ms. Nerland advised that when documents are submitted to Planning Commission, copies should be made available to the applicant, the property owner, and members of public who may want to see them. Mr. Iserson stated that the noise report concluded that aneight-foot tall wall would be sufficient to meet the required 60 dBA level at the property line and 45 dBA level in the interior of the house. He added that any fence taller than eight feet would be overwhelming and would create objectionable aesthetic and visual impacts. THE PUBLIC HEARING WAS OPENED. Weldon Theobald, applicant, 931 Hartz Way, Dublin, introduced his three partners in the Bernal Corners operation: Jack Edwards, Jeny Anderson, and Steve Watty; Counsel, Mark Hirsch; Fred Svinth, noise consultant with Illingworth and Rodkin; and Joe LoBianco, construction manager for Jack-in-the-Box. Mr. Theobald stated from the outset of the project 29 months ago, he and his partners have tried to do what was right and took no shortcuts to build a site that would be functional, economically sound, and pleasing to the community; a site that they could take pride in and would be part of a neighborhood with whom they wanted to have a long ,-- and good relationship. He stated that at the planning stage, he had discussions with staff PLANNING COMMISSION MINUTES July 28, 2004 Page 4 of 19