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Chairperson Roberts advised that she had met with the applicant on September 21, 2004. Commissioner Fox advised that she met with Ms. Kline and the applicant. Ms. Kline noted that there had been questions about diverted trips at the last meeting and had prepared a memo that was initially distributed with the staff report on September 17. The memo defined new and diverted trips and pass-by trips. She also pointed out that a revision to that memo was distributed to the Planning Commission, subsequent to the packet. Commissioner Fox thanked staff for the addition of the staff report sentence describing 29 new AM peak-hour trips and 32 new PM-peak hour trips. She requested clarification of the apparent improvement in level-of-service in the AM hours and slightly worsening in the PM hours. City Traffic Engineer Jeff Knowles noted that the HCM level-of-service is based on average delay and added that this was a common occurrence at a T-intersection. He noted that the majority of traffic was on the through street that did not stop and that it could average the delay downward because more traffic is not stopping than is stopping. In certain configurations, if the majority of new traffic is on one of the approaches that had a lesser delay, it tends to bring down the average even though it would increase somewhere else. He described the methodology used to arrive at the data. Discussion ensued on traffic level-of service as it relates to the General Plan Update. THE PUBLIC HEARING WAS OPENED. Michael Aminian, applicant, 1975 Hamilton Avenue, Suite 1, San Jose, noted that he had eliminated the illustration of the woman from the sign rendering as it was out of scale with the sign. He then distributed a traffic circulation analysis prepared three years ago and thanked the Commission for its direction. At Chairperson Roberts' request, Mr. Aminian described how the surrounding lots were configured and how the traffic flow would occur from his customers. He believed that the 35-foot driveway easement surrounding his project would make ingress and egress easier. Chairperson Roberts advised that she had met Mr. Aminian at McDonald's and that she had to take a very diverted route, turning left by the fire station on Nevada and going to California Street to enter McDonald's from Stanley Boulevard. In response to an inquiry by Chairperson Roberts regarding the hours for alcohol sales, Mr. Aminian confirmed that California allows sales unti12:00 a.m. He advised that all alcohol to be sold would be sealed and that no alcohol in open containers would be sold. PLANNING COMMISSION MINUTES, September 22, 2004 Page 4 of 14