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opment plan and the C-N Neighborhood Commercial District. A brief synopsis of the proposed uses follows. ^ Automotive and boat sales and repair and automotive parts stores were deleted. ^ Firearm sales and related activities were deleted. ^ All manufacturing and repair related uses as primary uses were deleted. However, cer- tain types of retail uses, e.g., ice cream parlors, candy stores, bicycle shops, etc., permit the on-premises manufacture of product for sale or consumption. Businesses such as a retail bicycle shop would permit servicing/repair of products sold in the store as an inci- dental use. ^ Tutoring, schools, and gymnastics for less than 40 students and staff at any one time are permitted; over 40 students and staff a conditional use permit is required. ^ Retail sales and personal services, e.g., laundries, clothing stores, hobby stores, jewelry stores, camera stores, etc., similar to the businesses operating at the Amador Shopping Center or the Raley Shopping Center are permitted. ^ Restaurants including sit-down, fast food, and take-out establishments are permitted. However, only the one drive-through restaurant/cafe shown on the development plan is permitted. Odor control devices are required on all future restaurants as a means of controlling cooking odors. This requirement is reelected in the conditions of approval under list of permitted uses for this development. At its work session, the Planning Commission requested staff to condition the "pad" building to preclude any fast food restaurants at that location. Staff looked into this carefully and believes that this prohibition cannot be applied to this application without violating fair trade laws. Staff also considered a condition that would allow only coffee-type establishments without identify- ing actual business names. However, staff found that such a condition could not be drafted in a manner that would implement the Commission's direction without specifically identifying a business. Staff believes that the concern is not necessarily the drive-through function or the fast food restaurant, rather, it is a concern of the potential use of garish corporate colors that will modify the tasteful design of this retail gateway project. "Therefore, addressing the Planning Commission's concern/direction would be to limit the sign program for the satellite stores build- ings such that fast-food signage, changes in colors, etc. would not be allowed. Conditions of approval have been provided addressing these issues. Hazardous Materials 'fhe Home Depot will include the storage and sale of paints, solvents, cleaners, etc., which may include hazardous substances, propane tanks, and silver soldering/welding supplies. These sub- stances are transported to Home Depot in pre-tilled containers and are then stored and sold to PCUP-165/PDR-529/PMOD-81-25-7M Page 29 of 36 December 13, 2006