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August 27, 2004

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Publication Date: Friday, August 27, 2004

Shorter hours for Jack in the Box? Shorter hours for Jack in the Box? (August 27, 2004)

Group appeals Planning Commission decision on changes at Bernal Corners

by Dolores Fox Ciardelli

Do you drive through Jack in the Box for your morning coffee before hitting the freeway? You might have to change your routine.

Neighbors tired of hearing noise from the speaker taking early morning orders convinced the Planning Commission recently to direct Jack in the Box to shorten its hours to 7 a.m.-10 p.m. weekdays and 9 a.m.-10 p.m. weekends. The hours of operation have been 6 a.m. to midnight since opening in the early spring, and these hours are still in effect.

The commission also agreed that an 8-foot tall masonry wall with landscaping must be built, to run from the entrance of the car wash to the exit of the Jack in the Box drive-through.

The action has been appealed by representatives of Jack in the Box and Bernal Partners L.L.C., said city planner Marion Pavan, and the hearing is tentatively scheduled for the City Council meeting Sept. 7.

"We're trying to get clarification," said Mark Hirsch, spokesman for Bernal Partners. He said his group wants to work out specifics on the fence with the City Council. "I think if we put the fence up that would alleviate 98, hopefully 100, percent of the problem."

A petition with signatures from 17 households had been presented to the city requesting a soundwall between Bernal Corners and the housing development.

"Nowhere else in Pleasanton do people moving through a drive-thru lane have the ability to view residential homes," Harinder Grewal of Whispering Oaks Way e-mailed commission members.

Resident Liz Fishtner of East Gate Way also requested a fence, although she said that Bernal Corners with its market, gas station and fast food restaurant is a "nice and welcome addition to our neighborhood."

Neighbors also complained about noise from the 24-hour service station and convenience store; the car wash operation; the oil recovery truck; and garbage collection. They voiced concerns about the safety of children in the area due to the car wash and drive-through restaurant; the employee use of the trash enclosure area as a smoking area; and traffic on Valley Avenue resulting from the inappropriate use of the roundabout.

Theresa Moore of East Gate Way told the Planning Commission at its meeting that she and her husband were not opposed to the service station when they purchased their house but are now concerned about the lack of a barrier. She said that noise and headlights from the drive-through are intrusive, plus some people park in their neighborhood, then walk to the store.

Joe LoBianco, Jack in the Box construction manager, told the Planning Commission that, based on his experience in other locations, a soundwall would alleviate many of the concerns. He said that most Jack in the Box restaurants are open 24 hours a day so even the hours of 6 a.m. to midnight are restrictive on sales.

"We have reduced the volume on our speaker boxes and have changed the garbage pickup time," said Jack in the Box spokewoman Kathleen Finn this week. The hours are unchanged until the appeal is heard.

Weldon Theobald, a partner in the Bernal Corners operation, told the Planning Commission that he had asked about closing off the property with a wall during the planning stages. But, he said, he had been informed that the overall guidelines of the Bernal Property project are to make it a walk-able community and that a fence would prevent a free flow of neighbors.

Planning Commissioner Matt Sullivan stated at the meeting that Bernal Corners is freeway-oriented rather than neighborhood-oriented. He indicated he was in favor of reducing the hours of operation of the convenience store and gas station, and curtailing or eliminating the car wash and drive-through.

"It was not designed this way (to be freeway-centered)," said Hirsch. "We're trying to make it the very best facility that we can for that side of town because they don't have any facilities."

He noted that the car wash was something the neighborhood wanted and it is state-of-the-art. "We recycle all the water through, it is recycled and filtered," he said, while washing a car at home uses 100-150 gallons of water. He said the car wash was an investment of $160,000 and is supposed to have minimal sound impacts although they are continuing to fine-tune it.

Neighbors also expressed concerns because Bernal Corners is planning to sell alcohol. "Our license from Alcoholic Beverage Control is still being processed," said Hirsch. He said plans call for a selection of local wines as well as beer.


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