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461 Mr. Earl Maddox, 5087 Hillcrest, operator of a service station, stated he did not fee] it fair to allow a service station to have these extra services, which will be in competition with other stations. He stated he provides re- pair service on weekends but cannot continue to do so if competition is too great. He strongly urged disapproval of the application. Mr. Levine rebutted the comments of the opponents: he stated the ten foot setback discouraged any other use of that area; that even with the proposed restaurant traffic will not be over limits; the soundwall will act as a buffer and should make the neighborhood quieter than it is now as it will reduce the freeway noise level; he has been assured that jail release point will be taken care of with the opening of the new jail; a repair shop at the service station would have significant impacts on the neighborhood; there have been no new gas stations in Pleasanton in 15 years and this will provide a needed service. He added that the landscaping will also act as a buffer. Mr. Greg Schoal, Land- scape Architect, that they propose to plant 15 gallon evergreen type trees. There being no further testimony, Mayor Mercer declared the public hearing closed on the appeal and the negative declaration. It was moved by Councilmember Brandes, and seconded by Councilmember But- ler, that Resolution No. 87-562, determining on the basis of a review of ini- tial environmental study done for this project, that no significant environ- mental impact would occur as outlined in the City's guidelines and that a negative declaration is appropriate in connection with PUD-80-15-5D, applica- tion of Tioga Construction to rezone an approximately 3.63 acre site to PUD- Commercial District to accommodate automobile wash, service station, food mart, restaurant and retail uses as permitted uses and to approve a develop- ment plan for an approximately 30,142 sq. ft. mixed use commercial complex located at the southeast corner of Santa Rita Road and Pimlico Drive, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, Wilson, and Mayor Mercer NOES: None ABSENT: None It was moved by Councilmember Brandes that the appeal by approved, and that the application also be approved subject to conditions set forth in At- tachment D of the staff report with the following exceptions: Condition 11 'Attachment B' include a conditional use permit; that Condition 13 exempt fuel delivery trucks; and that Condition 33 be added to allow hours of operation from 5:00 a.m. to 12:00 midnight only until the building at the southern boundary is completed. The motion died for lack of a second. It was moved by Councilmember Brandes, and seconded by Councilmember Wil- son, to approve the appeal and that the application be approved subject to conditions set forth in Attachment D of the staff report, but that Condition 11 be modified that no alcoholic beverages may be sold but the operator can apply at a later date to allow the sale of beer and wine; that Condition No. 13 be amended to exempt fuel delivery trucks; and that Condition No. 33 be added to restrict hours of operation from 12:00 midnight to 5:00 a.m. Councilmember Butler stated his primary concern is the hours of operation; this site is quite different from other stations that have 24 hour service. - 13 12-15-87