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ensure this is an extremely attractive, high-quality service station, one of the most attractive in the Bay Area which required a much greater investment than would otherwise be required. He indicated that his client was willing and enthusiastic to make that investment and made it in reliance, being successor and interest to the development agreement which identifies the permissible use of the proposed site, at the time when they purchased the property, for 745,000 square feet of office use and not as retail or a competing service station. He noted that if his client had even the slightest hint that when they were trying to recoup their investment, he would be faced with a category killer service station across the street, he would have never made the investment. He stated that his client’s business will be very directly financially impacted by the fuel station as there is no way that a small, locally owned station can be expected to compete head-to-head with Safeway. He added that if the fueling system is approved as part of the project, the ability of his client to maintain the high quality, attractive enterprise that he has built here will become untenable, and Safeway will attract his client’s patrons. He noted that his client has built a base with clients and operates an expensive and uniquely high-quality service station. He indicated that his client wants to maintain his service station and does not want to be driven out of business and see his investment disappear. Mr. Bass stated that the proposed fuel station is a fundamental betrayal of the understanding his client had when he made the investment. He noted that the fueling station at Safeway is not demand-driven as there is no need for another station adjacent to his client’s gas station in terms of customers. He indicated that staff has its own design and General Plan concerns and that when appropriate, he would like to sit down with the City Attorney to explain how he believes they have an entitlement to rely on the plan approved and in place when they acquired and invested in the property. He reiterated that his client is facing a severe challenge to the viability of his business. Commissioner Narum asked Mr. Bass if he was an investor in the Bernal Corners property. Mr. Bass said no. He explained that he is an attorney who has been representing Bernal Corners for a couple of years. Commissioner Blank stated that there is a Jack in the Box restaurant and the fueling station with a convenience store inside. He inquired if there was also a concern that having a Safeway where food will be served, three or four restaurants, and a pharmacy would make someone go to Safeway rather that grab something in the convenience store. He noted that it was interesting that Mr. Bass’ client was only interested in the fueling aspect of the proposal. Mr. Bass clarified that his client does not view the Safeway project as synergistic with their development, noting that there are many aspects to the Safeway project that they foresee will have a negative impact on their business; however, they can only bite off so much in terms of opposition. PLANNING COMMISSION MINUTES, October 14, 2009 Page 15 of 25