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BACKGROUND <br />Pleasanton Station is a commercial building located at 30 W. Neal Street which <br />received PUD development plan approval in 1981 to convert it from the former Southern <br />Pacific railroad station to a mixed retail/office building. In 1990 the City approved a <br />design review application to reconstruct the parking lot by allowing changes to the <br />access, circulation, and landscaping for the Pleasanton Station parking lot. <br />Haps restaurant is a long-time Pleasanton establishment located at 122 W. Neal Street <br />which was remodeled in 1967 and then again in 1999. A conditional use permit for the <br />sale of alcoholic beverages after 10:00 pm was also approved in 1999. The property <br />has no rear or side public access, and refuse service and restaurant deliveries at the <br />rear/eastern side of the restaurant have been via the Pleasanton Station parking lot. <br />The Hap's property is owned by Mike Madden, and Mike Connors is the owner of the <br />restaurant business. <br />On September 5, 2000, the City Council approved PUD-81-28-4M, a major modification <br />of the Pleasanton Station PUD Development Plan fora 7,865 square foot, two-story <br />commercial/office building located at 55 West Angela Street. This new building is <br />known as Railroad Square. The new Railroad Square building is located on was what <br />formerly a portion of the Pleasanton Station parking lot, and the two buildings share <br />parking on this lot. Mitch Pereira and Eric Hoff are the principal owners of both <br />Pleasanton Station and Railroad Square, although the two buildings now exist on two <br />separate parcels. <br />PROPOSAL <br />The proposed application is a modification of the PUD development plan to consider <br />approval of an existing six-foot tall masonry wall with a gate that was constructed by Mr. <br />Pereira along an approximately 30-foot portion of the property line that separates the <br />Pleasanton Station property from the adjoining Hap's Restaurant property and along an <br />approximately 12-foot portion of the property line that separates the Railroad Square <br />property from the Hap's property. The wall is constructed of split-faced block and is a <br />tan color. The gate leads from the east side/rear of the Hap's Restaurant property to <br />the concrete pad located in front of the trash enclosure on the Railroad Square property. <br />A chain link fence mostly covered with vines extends along the remaining portion of the <br />property line between Pleasanton Station and Haps; that fence has existed for a <br />number of years. <br />Mr. Pereira proposed the wall, which is solely on the Pleasanton Station property, as <br />part of the building permit review process for the new Railroad Square building, and City <br />staff signed off the plans in the spring of 2006, thus approving the wall. Soon after, the <br />wall was built. The wall, and the process the City used to approve it, was challenged by <br />Mr. Madden, who believed that the correct approval process was not followed by staff in <br />PUD-81-28-05M January 9, 2008 Page 2 of 11 <br />