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MINUTES CITY OF PLEASANTON SPECIAL CITY COUNCIL MEETING May 7, 2011 1. CALL TO ORDER Mayor Hosterman called the special meeting to order at the hour of 7:00 p.m. 2. ROLL CALL Present: Councilmembers Cook-Kallio, McGovern, Sullivan, Thorne, Mayor Hosterman Absent: None 3. PUBLIC COMMENT: None 4. Public Hearing: P12-0113, Considered an appeal by Councilmember Sullivan of the Planning Commission's decision denying the appeal of Angela Joe-Willmes and Linda Martin, thereby upholding the Director of Community Development's approval of a zoning certificate to operate a supermarket as a permitted use within the existing building located at 3112 Santa Rita Road, and within the hours of operation and delivery limits as set forth in the existing Conditions of Approval for PUD-84 (Ordinances 1035, 1165 & 1214 and Planning Commission Resolution 2691) Director of Community Development Brian Dolan presented a brief staff report, stating that the applicant requested and was subsequently granted a Zoning Certificate to operate a supermarket within the existing building located at 3112 Santa Rita Road. He described the location formerly occupied by Nob Hill Grocery and reviewed the allowed uses under PUD-84. He noted that this particular operation would include a small pharmacy component, which staff considers an ancillary use and is also listed as an allowed use in the PUD. He reviewed the existing Conditions of Approval that would directly affect the proposed use. Condition No. 8 restricts truck deliveries to the market between the hours of 10 p.m. and 6 a.m. and the applicant has agreed to abide by this condition in their operations. Condition No. 10 calls out liquor stores, fast food restaurants, electronic game arcades, convenient stores and any all- night businesses as prohibited uses in the shopping center. While the restriction on operating hours is not well defined, staff considers the proposed hours of operation (6 a.m. to midnight) to be consistent with the condition. Staff believes the overall use to be consistent with the requirements of PUD-84 and, as previously stated, approved the application. Councilmember McGovern said the staff report was unclear on whether the proposed hours of operation differ from those of Nob Hill's. Mr. Dolan said research indicated that Nob Hill was open to 11 p.m., rather than midnight. However, the issue is not what the hours of Nob Hill were but whether the proposed hours are consistent with the condition as written. Councilmember McGovern asked and Mr. Dolan confirmed that the Conditions of Approval would only allow operations until midnight. Councilmember Thorne asked if the restriction on liquor stores prevents Wal-Mart from selling liquor. Mr. Dolan said "no" and explained that there is a distinction between a liquor store as a use and the sale of alcohol. In this instance, alcohol is sold as it is in nearly all grocery stores and accounts for a very small percentage of the overall sales and square footage.