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ATTACHMENT 8 PCUP-165/PDR-529/PUD-81-25-7M, Re~encv Centers (Don MacKenzie and Pete Knoedler)/Home Depot Application for a PUD major modification, conditional use permit, and design review approval to allow the construction of 193,481 square feet of commercial area, including a Home Depot building supply store and garden center, a Long's Drugs pharmacy with drive-through, and miscellaneous neighborhood retail stores including one drive-through, on an approximately 16-acre parcel located at the Valley Avenue/Bernal Avenue/Stanley Boulevard intersection, in the Stanley Business Park. Zoning for the property is PUD-C (Planned Unit Development -Commercial) District. Also consider the Negative Declaration prepared for the project. Ms. Decker noted that staff reconunended that the Planning Commission review the project, consider the merits of the project, make the conditional use permit findings, and recommend approval to the City Council. In response to an inquiry by Acting Chairperson Fox whether this was a legislative act. She also asked if the project could then be referended. Ms. Decker replied that it was, Ms. Hanyman noted that the PUD modification was considered a rezone, and, therefore, a legislative act, acrd that it could be referended. Marion Pavan presented the staff report and described the background, layout, and scope of this proposed project. Commissioner Black complimented staff on the graphic representation of the notification for this item. Mr. Pavan noted that the project had been peer reviewed by Larry Cannon. He noted that a large number of conditions had been added to this project to deal with the issues of traffic, as well as compatibility with sun•otulding uses. The hours of operation would be 6:00 a.m. to l 0:00 p.m., and staff understood that specific neighbors would prefer fiu-ther limitations on the hours. Staff recommended approval of this project, following the methodology described in the Staff Recommendations section of the staff report, subject to the conditions of approval. In response to an inquiry by Commissioner Olson regarding the circumstances under which a liquor store could be permitted on this site, Mr. Pavan replied that it would have to be reviewed by the Planning Commission under an application for a conditional use permit with additional conditions of approval. He believed the CN district did allow liquor stores as a conditional use. If the Planning Commission did not believed that was an appropriate use for this site, then it may recommend that use be stricken fi•om the recommended list of uses. In response to an inquiry by Commissioner Olson regarding whether the building would not have any orange freight doors, Mr. Pavan confirmed it had been made clear to the applicant that no orange doors be included in the design. Ms. Decker noted that specific language prohibiting orange freight doors could be included in the conditions. EXCERPTS: PLANNING COMMISSION MINUTES, December 13, 2006 Page 1 of 16