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P24-0127, 1875 Valley Avenue Planning Commission 2 of 7 hearing, the complaints were determined to be unfounded since, at the time, the gas station market had not yet begun the sale of alcohol. Since the 2004 public hearing, staff has no record of complaints or concerns regarding the sale of alcohol at this location. Thus, as conditioned, staff finds the proposed amendment to the previously approved CUP (PCUP-61) would be consistent with the intent of the General Plan, the objectives of the zoning district, and the original approval. The use will continue to be compatible with the surrounding uses, and therefore, staff recommends approval of the request. BACKGROUND In September 2002, the City Council unanimously approved a Planned Unit Development (PUD) development plan and Conditional Use Permit for Bernal Partners, LLC, to construct a self-service gas station, a quick-service restaurant with a drive-through lane, and a convenience market that would be permitted to sell beer and wine. In 2004, after construction was completed and operations began, staff received complaints from the community members living in the adjacent Walnut Hills neighborhood, one of which pertained to the sale of alcohol and the associated customer and evening crowd noise on Friday and Saturday nights. This concern, along with the others, was brought before the Planning Commission on July 28, 2004, where community members asked for modifications to the previously approved CUP (PCUP-61), to address the concerns. The complaint summary included in the July 28, 2004 agenda report is below: The late evening crowd and customer noises that are occurring on Friday and Saturday alcohol, it should fall under Section 9.04.35B of the Pleasanton Municipal Code as a bar serving alcohol. The only difference between the service station and a bar is that the bar serves the alcohol indoors and the service station complex sells the alcohol to be consumed elsewhere. According to the attached letter, the unfortunate situation is that sometimes it is consumed in the extended parking lot which is their neighborhood. The remedy is reducing operating hours which would also curtail the teens from gathering at the service station complex. An eight-foot-tall sound attenuating wall located at the south-east corner of the complex would help to reduce the transmission of intrusive noises, and removing the pedestrian pass-through will prevent the utilization of the Walnut Hills neighborhood as an extended parking lot. During s presentation, it was reported the gas station market had not yet received its alcohol sales permit from the California Department of Alcohol Beverage Control (ABC), and there was no alcohol in containers being sold at that time. Weldon Theobald, the applicant for the original CUP reiterated s been sold at the premises. Additionally, the police department confirmed there was no alcohol being sold from the location at the time of the complaints. Based on this information, the D to address noise and incursion of patrons into the adjacent neighborhood but did not revoke the approval for the business to sell beer and wine. SITE AND AREA DESCRIPTION The subject site is approximately 1.39 acres in area and is located on the southeast corner of Bernal Avenue and the Valley Avenue extension into the Bernal property (see Figure 1). The subject building is approximately 2,799 square feet in area and includes the gas station