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111 some members of the City Council. He stated there was concern that the restrictions regarding hours of operation and no sale of alcohol.would be lifted. He advised the main concern is traffic; he felt the project should not be approved until after improvements have been made to the 1-580/Santa Rita Road intersection and an accurate determination made of the traffic flow after that time. He also asked that Councilmembers Brandes and Wilson abstain from participation in this matter because of Conflict of Interest. Mr. Beougher advised that the issue of Conflict of Interest for Council- members Brandes and Wilson has been reviewed and the findings are that there is no Conflict of Interest for either Councilmember. Councilmember Brandes stated he previously contacted his private attorney, the Fair Political Practices Commission, and the City Attorney relative to possible Conflict of Interest, and each advised him there was no Conflict of Interest. Councilmember Wilson stated at the last meeting he did not second any mo- tion to allow the sale of alcohol or 24 hour operation; he would not abstain from participation in this item now. Mayor Mercer stated he felt that ambulance service, hotels/motels, res- taurants and soda fountains, and service stations including food marts should not be permitted uses but should be considered as conditional uses. He stated that when the original PUD was approved in 1981 it did not allow service sta- tions. He did not feel this is an appropriate site for a service station and food mart. Councilmember Mohr stated this project is described as a service to the neighborhood with only 10% from the freeway; she stated that residents in the area are served by Nob Hill Food Market but a service station at that corner would probebly turn out to be a convenience. She felt the food mart should be excluded. Councilmember Brandes stated that in the last ten years there are two less service stations; with the growth of population and businesses there is need · . for additional service stations. Councilmember Butler stated that the restrictions added to the application are not short term. He stated his greatest concern was the traffic impact but the City has set standards and this project, according tothe traffic studies, will not exceed the standards established by the City therefore he felt it should be approved. It was moved by Councilmember Brandes, and seconded by Councilmember But- ler, that Ordinance No. 1349, approval of PUD-80-15-5D, application of Tioga Construction Company to rezone an approximately 3.63 acre site to PUD (Planned Unit Development)-Commercial District to accommodate automobile wash, service station, food mart, restaurant and retail uses as permitted uses, and to ap- prove a development plan for an approximately 30,142 sq. ft. mixed use commer- cial complex located at the southeast corner of Santa Rita Road and Pimlico Drive, subject to all previous conditions, and changing the following permit- ted uses to conditional uses: ambulance service, hotel/motel, be re- introduced. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, and Wilson 8 - 1-5-88