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Daniel Chen, Pastor, The Church in Pleasanton, expressed his original concern for the project but now feels he can support the project with the proposed modifications and well as the fence extension to Hopyard Road. Mayor Thorne closed the public hearing. Councilmember Narum supports the item and feels it will be a huge improvement at a major intersection and expressed concern regarding the traffic on the current site and feels the new design will better support traffic flow and mitigate parking in the church parking lot. Councilmember Testa expressed concern regarding the branding colors of the canopy and feels the colors should blend better with the surrounding community. She asked for a friendly amendment to add a condition that staff work with the applicant to tone down the colors. Councilmember Narum expressed concern that there are other Shell stations in Pleasanton that have the current branding being proposed and feels it unfair to make this station change its colors. Councilmember Pentin agreed and said he could not support the amendment. In response to Councilmember Narum's inquiry, City Attorney Sodergren said the City has the power to regulate colors as long as it does not interfere with the trademark. Councilmember Narum accepted the friendly amendment. Mayor Thorne reopened the public hearing Mr. Hirst clarified that the colors are trademarked and branded and that Shell stations in surrounding communities also have these colors. He also noted that if the building must be redesigned or the colors altered, the site will remain as is. Mayor Thorne closed the public hearing. Councilmember Brown thanked The Church in Pleasanton for attending the meeting, working with the applicant and coming to a compromise that benefits both parties. MOTION: It was m/s by Narum/Pentin to waive full reading and adopt Resolution No. 19-1117 certifying a Negative Declaration; and introduce and waive first reading of Ordinance No. 2200 approving applications for rezoning, Planned Unit Development (PUD) and Conditional Use Permit for a 7-Eleven Convenience Store and Shell Service Station located at 3760 and 3790 Hopyard Road, as filed under Case Nos. PUD-134/P18-0332/P18-0334, and subject to a condition that the applicant is encouraged to work with staff to reduce the visual impact of the yellow and red striping around the fascia. Motion passed by the following vote: Ayes: Councilmembers Brown, Narum, Pentin, Testa. Mayor Thorne Noes: None Absent: None MATTERS INITIATED BY COUNCIL — None City Council Minutes Page 5 of 6 October 15, 2019