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alleviate all of the impacts next to the neighboring homes. He stated that from the outset of the project, he and his partners have tried to do what is right and took no shortcuts to build a site that would be functional, economically sound, and pleasing to the community; a site that they could take pride in and would be part of a neighborhood with whom they wanted to have a long and good relationship. He noted that it was a Planning commissioner's suggestion to create a walkway through the center of the community. The walkway that Bernal Partners LLC has designed is a separate sidewalk. Michael Di Geronimo, Miller, Starr & Regalia, legal counsel representing Jack-in- the-Box, noted that in his appeal letter, he stated the reasons why there is no legal basis for the Planning Commission's vote to modify Jack-in-the-Box's hours of operation. Jack-in-the-Box has a vested right in terms of relying on the use permit to open its business and build its restaurant. The standard for modifying use permits is different, and it is not a discretionary standard as if it were a new matter before Council. He believed the City's Code is clear that the noise level at the property plane between the residential zoning district and the commemial zoning district must have exceeded 60 dBA. There is no evidence in the record or elsewhere that indicates such a violation has taken place. Jack-in-the-Box has a corporate policy to be a good neighbor and it appreciates the opportunity to do business in the City of Pleasanton. Jack-in-the-Box demonstrated its good neighbor policy by working with staff, the developers and the Planning Commission to build a first class project. Jack-in-the-Box is in full support of staff's recommendations and urges Council to grant the appeal. Jack-in-the-Box is willing to accept the new use permit condition that there will be no maintenance activities between the hours of 10 p.m. and 7 a.m. Jack-in-the-Box is also willing to accept the condition that deliveries be limited to certain areas as specified in the staff report. Jack- in-the-Box takes no issue with the recommendation by staff that a sound-alternative fence be built and it is willing to pay its fair share of the cost. Mr. Campbell asked for clarification as to what Jack-in-the-Box was willing to accept for houm of operation. Mr. Di Geronimo said that Jack-in-the-Box is not willing to accept any change in its hours of operation. The operational hours were granted in the original conditional use permit. Kurt Kummer, a Pleasanton resident and co-Chair of the Bernal Block Party, informed Council that Jack-in-the-Box has been a good neighbor to the community by providing condiment containers and memorabilia that were handed out to youth for completing surveys at the Block Party. Alex Wong, a Whispering Oaks Way resident, noted that his home is located next to the gasoline station. He is concerned about safety issues with respect to the carwash. He recommended that Council uphold the Planning Commission's recommendations. He believed that a business area should be isolated from a residential area. He supported the construction of a solid wall as opposed to building wooden fences. He pointed out the lighting is disturbing in the evening and during the summer. Pleasanton City Council 18 09/07/04 Minutes