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is brought up to Building and Fire Codes, and not allow the second floor to be occupied as a second unit until Council has amended the second unit ordinance. He did not want to create a precedent which future Councils might find it difficult to deviate from, which he believed would be set if Council allowed the second floor to be an occupied second unit. Mr. Brozosky pointed out that there was a similar issue in the Gray Fox area where a resident had a large play structure that was not legally built, which Council grandfathered in. He did agree with Mayor Pico and stated that he was concerned about the process of people illegally building structures without the proper permits. Ms. Hosterman asked if the timing process would work with the direction in which the Mayor was proposing? Mr. Roush said that the zoning ordinance would need to be amended to allow this type of use. The property owner would be required to go through a separate process that would be created under the zoning ordinance. The Planning Commission and Council would need to deal with similar issues at it has heard this evening in determining whether to approve the use. Mr. Brozosky pointed out that Mr. Johnson and his family are trying to purchase this property and they would like to have this matter resolved before they enter into a contract to purchase this property. Ms. Ayala said she would support the motion. She would also support an additional motion to direct staff to begin the process to rezone the downtown. Mayor Pico believed that it would be appropriate for the new Council to consider whether it wanted to initiate the process to rezone the downtown or include it in the General Plan update. The roll call vote was taken as follows: AYES: Councilmembers - Ayala, Brozosky, Campbell, and Councilmember Hosterman NOES: Mayor Pico ABSENT: None ABSTAIN: None There was a break at 9:48 p.m. The meeting reconvened at 9:57 p.m. Mayor Pico continued agenda item 6f, authorization for the City Manager to execute a contract with Noll & Tam Amhitects to develop a Master Plan and conceptual design for a youth center, to September 21,2004. Item 6d PAP-70 (PCUP-61), Jack-In-The-Box and Bernal Partners. LLC (SR 04:221) Appeal of the Planning Commission's action on the review and consideration of modifications to an approved conditional use permit for a self-service gasoline station with a convenience market, quick-service restaurant, and carwash to Pleasanton City Council 16 09/07/04 Minutes