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Ms. Nerland suggested that a short recess be taken before continuing discussion on the issue. <br />The Planning Commission recessed for a break at 8:55 p.m. <br />Chairperson Roberts reconvened the meeting at 9:01 p.m. <br />Ms. Nerland wished to clazify Commissioner Maas's comment and noted that as is the case of all <br />real property interest, the presumption in the law is that if the property interest is beyond a <br />500-foot radius, you are presumed not to have a conflict of interest. That presumption is even <br />greater when you have a lesser interest in the property, such as a leasehold interest, as is the case <br />with Commissioner Maas's family business. While it is a public official's decision whether or <br />not to participate, she did not see any reason to rebut that presumption. <br />Commissioner Maas advised that she could be objective with respect to this application and <br />noted that she had noticed the signature of the store manager on the petition. The manager <br />serves only as an employee. <br />Commissioner Sullivan thanked the applicant for working with the Commission and staff. <br />With respect to CEQA, Commissioner Sullivan advised that he had expressed concern about <br />traffic impacts early in the project. He believed that the number of cars generated by the project <br />itself was fairly small but believed that the project fell into the category of having impacts that <br />were individually limited but cumulatively considerable. He noted that some intersections are <br />,- completely failed and gridlocked and noted that the impacts of the traffic report may be <br />understated. He believed that the intersection fell under the category of a "Yes" in Item 4.3. of <br />the Initial Study. He felt that the project would create a significant environmental impact and <br />would not be consistent with the General Plan. <br />Commissioner Fox agreed with Commissioner Sullivan's assessment and noted the apparent <br />understatement of the traffic impacts of the site. She noted that this was one of the worst <br />intersections in Pleasanton and, given the addition of California Splash, will get worse. She <br />wanted to ensure that diverted trips were included in the model. She would like to see which <br />cars truly went through the intersection as local traffic as opposed to cut-through traffic. She felt <br />that the project would create a significant environmental impact. <br />Commissioner Maas did not object with the Negative Declaration and believed that the impact <br />on the intersection could be managed effectively. She potentially has an issue with beer/wine <br />sales and hours of operation. <br />Chairperson Roberts noted that she could accept the Negative Declaration and noted that because <br />she lives on that side of town, she would be a pass-by driver. She agreed with Mr. Beratlis' point <br />about traveling across town for a car wash. She agreed with Commissioner Maas's observation <br />that with the proper signage on the gas station, people would be able to use the back route <br />through McDonald's. She did not believe there were many new trips and did not agree with <br />including diverted trips in the new trips category. <br />PLANNING COMMISSION MINUTES September 8, 2004 Page 9 of 14 <br />