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serve alcoholic beverages after 10:00 p.m., on the premises to be located at 5424 Sunol Boulevard. Zoninq for the property is CN (Neighborhood Co,~iercial) District Mr. Swift presented his report (SR 88:331) dated July 19, 1988, regarding Mayor Mercer declared the public hearing open on this item. Mr. Paul Creamer, 18 Castlewood Drive, stated this establishment will be a Mountain Mike's Pizza restaurant with five arcade games in the back, and a bar that serves beer and wine only. He stated he has a similar restaurant in Fremont and he ba-~ never had any problems associated with the establishment. He advised he supports local sport and school activities, and that is a large number of his customers, ball teams coming in after practice or games for pizza and beer. He stated he lives close to the shopping canter and expects it to be a first class pizza parlor. Councilmember Mohr stated she requested that this item be appealed because of concerns of residents in her neighborhood. She wanted the opportunity to see exactly what the project is. She stated there was concern of potential noise fr~ the back of the establishment and she wanted Mr. Creamer to be aware and take appropriate measure to mitigate any noise problems. She asked who would be patronizing the parlor after 10:00 p.m. Mr. Cre~_mer stated it would be moetly adult organizations and groups of softball teams, etc. Mr. Mike Murphy, Project Manager for Oak Hill Shopping Center, stated he did not understand why this item was appealed; it was approved by Planning Commission and met all of the requirements of City code. Councilmenher Mohr stated the Planning Department actions report did not give any detail of the project and this w~s the only process by which she had to review the application. Mr. Murphy stated this is an excellent project and with the controls the City has there should not be any problems. He advised that Mr. Matt Connolly, developer of Oak Hill Shopping Canter, told the neighbors on September 2nd or 3rd, in a general statement, that there would not be any business open after 10:00 p.m.; Mr. Murphy would like to retract that statement. The is restriction against establishments which are open 24 hours per day. He urged approval of this application. Mr. Vince Dela, 223 Tomas, stated his concern is noise after 10:00 p.m. and before 7:00 a.m. He stated he attended the Planning Commission meeting and he felt they did not listen to the fourteen concerned homeowners who expressed their opinion at that meeting. Mr. Tony Selby, representing Mission Park Homeowners, stated this group has not bad a meeting but as far as he knows no one objects to Mountain Mike' s Pizza Place. He suggested that the place close at 11:00 p.m., when it first opens, if there are no problems with noise then the time could be extended to 12:00 p.m. He stated that the developer is starting construction earlier than 7:00 a.m. with the construction of the shopping center. Mayor Marcar instructed staff to investigate this matter. - 15 - 7-19-88