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457 Health and Safety to Commercial and Offices, located on the southwest corner of the intersection of First Street and Stanley Boulevard and is currently zoned "A" (Agricultural) District, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, Wilson, and Mayor Mercer NOES: None ABSENT: None AP-87-21, Appeal of the decision of the Planning Commission denying the ap- plication of Tioga Construction Corporation for Planned Unit Development corner intersection of Santa Rita Road and Pimlico Drive. Zoning for the property is PUD (Planned Unit Development)-Commercial District Consider Adoption of Negative Declaration Mr. Swift presented his report (SR 87:543) dated December 15, lg87, regarding this matter. Mayor Mercer declared the public hearing open on the appeal and the nega- tive declaration. CD Mr. Harvey Levine, 4637 Chabot Drive, representing the appellant, stated {.C) this is the last piece of property in the original 9.3 acre parcel that was approved in 1981. Each site has gone through difficult hearings because of r'~ relevant geographical interest in the area; the residential development was in '~ place before commercial. The developers met with neighbors, the Fairlands Cir) Homeowners Board, and Pleasanton Meadows Association; the results of those ~ meetings were strong criticism of the proposed project. After meeting with the neighborhood, the developer revised his plans. Mr. Levine advised that the neighbors were concerned about the sale of beer and wine, and that staff also had concerns about the joint sale of gas and alcohol. He stated there was also concern about this location being near the release point for prisoners from Santa Rita jail. Mr. Levine contacted Mr. Garrigan of the Alameda County Sheriff's Department, who advised him a new jail would be com- pleted in 1989 and the release point would be .6 mile further away with better bus service for released prisoners. He stated that with regard to the sale of beer and wine, that Long's Drug Store is in the immediate area and they sell alcoholic beverages at their location. Mr. Carl Cox, 2353 Saddleback Drive, Danville, operator of the Shell Sta- tion on Hopyard Road, stated the station at that location has been very suc- cessful; now he has been asked by Shell to run the proposed station on Santa Rita Road and Pimlico Drive. He stated he expects to operate the new station in a similar manner. He stated that the sale of beer and wine and their an- cillary products are necessary to make the station profitable. He stated the sale of these products has not been a problem at the Hopyard Station; he hires top quality employees, does not allow loitering, has no video games or drug paraphanlia, and requires identification for those purchasing alcohol. He stated the fast food operation provides a service. He presented a letter from the Chief of Police stating there have not been any problems to date at the Hopyard Station relative to the sale of beer and wine; his record is exempla- ry. Mr. Cox felt each station application should be looked at individually, and he felt his record of operation at the Hopyard Station spoke for itself. He stated that Shell prefers their stations to be open 24 hours a day, to pro- vide a night service that other stations do not provide. In recognition of - 11 12-15-87