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ROLL CA] AYES: NOES: ABSTAIN: RECUSED. ABSENT: LL VOTE: Commissioners Arkin, Maas, and Roberts Commissioner Fox. Commissioner Sullivan. None. Commissioner Kameny. The motion carried. Commissioner Maas moved to make the finding that the project conforms to the Pleasanton General Plan; to make the findings for the PUD development plan modification and the conditional use permit as stated in the staff report; and to recommend approval of PUD-81-25-6M and PCUP-86, as conditioned in the staff report. Commissioner Arkin seconded the motion. Commissioner Sullivan advised that he could not make the General Plan finding. Because the intersection reached the Level-of-Service D, mitigation was required or the building permit may be withheld. The staff report stated that there was no clear mitigation at PM peak hours. He believed that this project would be precedent-setting for other projects such as the carwash and believed that if the General Plan Update were completed, it would not be as much of an issue. Chairperson Roberts believed that this project could possibly mitigate traffic because other diverted trips were not modeled in the 2003 Traffic Modeling." Commissioner Fox agreed with Commissioner Sullivan's assessment. She noted that although the project had a sufficient Negative Declaration, she did not find that it conformed to the Pleasanton General Plan. ROLL CALL VOTE: AYES: Commissioners Arkin, Maas, and Roberts. NOES: Commissioners Fox and Sullivan. ABSTAIN: None. RECUSED: None. ABSENT: Commissioner Kameny. Resolution No. PC-2004-57 was entered and adopted as motioned. Chairperson Roberts thanked the project designer for working with Larry Cannon on this design, and noted that most of the Commissioners were pleased with the design. She was concerned about the lighting, especially the bright white lights under the canopy which leaked from the sides. PLANNING COMMISSION MINUTES, September 22, 2004 Page 8 of 14