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MOTION was made by Serrato, seconded by McGuigan, to approve and file the Negative Declaration and instruct the City Attorney to prepare a resolution granting Appeal No. 447, approving CUP 81-10 subject to a 5-year limitation clause, allowing a lighted sign, and deleting the driveway requirements, and overruling the decision of the Planning Commission. Motion passed on the following vote: AYES: NOES: ABSENT: Acosta, Luxembourger, Markel, McGuigan, Serrato Griset Bricken CA 13.4 Council recessed at 9:40 p.m., and reconvened at 9:55 p.m., with the same members present. PUBLIC HEARING - APPEAL APPLICATION #448 - CUP 80-22 APPEAL APPLICATION #449 - EX 80-47 1222 E. FIRST STREET CA INSTRUCTED The Vice Mayor announced that this was the time and place for the public hearing of Appeal Application No. 448, filed by Atlantic Richfield Co., appeal- ing the Planning Commission's denial of CUP 80-22, to allow modification of an existing service station to include a retail mini-market, and Appeal Application No. 449, filed by Atlantic Richfield Co., appealing the Planning Commission's denial of EX 80-47, to allow off-sale beer and wine in a proposed convenience market within an existing service station, all for property located at 1222 E. First Street. The Chief of Planning and Zoning presented the staff report and recommenda- tions. The Clerk of the Council reported a written communication in the form of a petition containing approximately 250 signatures in favor of the appeals. Wallace R. Davis, 540 N. Golden Circle Drive, spoke in favor of the appeals. Dick Horton, 100 S. Hathaway, spoke against the appeals. Emma Leone presented a petition containing approximately 85 signatures against the appeals. There were no other speakers on the subject. The Vice Mayor closed the public hearing. Following discussion, MOTION was made by Markel, seconded by McGuigan, to deny the appeals. Motion failed on the following vote: AYES: NOES: ABSENT: McGuigan Acosta, Griset, Luxembourger, Markel, Serrato Bricken MOTION was then made by Acosta, seconded by Serrato, to receive and file the Negative Declaration and instruct the City Attorney to: 1) Prepare a resolution granting Appeal No. 448, approving CUP 80-22 subject to staff's recommendations, and overruling the decision of the Planning Commission; and CA 13.4 2) Prepare a resolution granting Appeal No. 449, approving EX 80-47, and overruling the decision of the Planning Commission. CA 13.5 MOTION was made by Griset, seconded by Serrato, to amend the motion to include deletion of the limitation of operating hours as set forth in the staff report, Motion to amend passed on the following vote: AYES: NOES: ABSENT: Acosta, Griset, Luxembourger, Markel, McGuigan, Serrato None Bricken CITY COUNCIL MINUTES 249 AUGUST 3, 1981