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MINUTES City ofSal:..!,eandro City C()u~~cil Meeting---Novernbcl' ~_'_,~~02 Page 9 Council Member Loeffler was absent for the remainder of the meeting. B. Matter of appeal by Ellen Hui of Tri Valley 'Foods DBA: Popeye's Chicken & Biscuits. Applicant. of the Board of Zonin!! Adjustments' denial of Conditional Use Permit PLN2002-00083; appeal by Applicant of the decision of the Board of Zoning Adjustments to deny the operation ofa new fast-food restaurant at 1415 East 141h Street; Assessor's Parcel Number 77-545-16; E. Hui, Tri Valley Foods DBA: Popeye's Chicken & Biscuits, Applicant; and L. Lane, Empire Realty Group, Propeliy Owner. City Manager Jennanis announced that, subsequent to publication of the Notice o[PubIie Hearing regarding the appeal, the City Clerk received a facsimile letter, dated October 30, 2002, from the appellant requesting the appeal be withdrawn. The Council agreed to consider the item under New Business. This item was discussed at length as New Business. Senior Planner Debbie Pollart gave a report regarding the current City policy on approval of use pennits for fast food restaurants, and the proposed Interim Urgency Ordinance. Public Comment: Ellen Hui, Popeye's, addressed the Council regarding her efforts to comply with the City's Zoning Code, including reducing the size of the restaurant, and expressed surprise over the amount of controversy created by her request, and disappointment over the delays to the project. Ms. Hui noted her work with local schools to create employment opportunities and fundraising for local causes. Solomon Ets-Hoken, Terranomics, addressed the Council in opposition to the proposed ordinance, commenting it would discourage quality tenants from locating to downtown San Leandro. Linnard Lane, Empire Realty Group, addressed the Council as the owner and developer of the project. Mr. Lane noted that, at the request of City staff, he attempted to attract a restaurant to the site. He stated the two reasons restaurants are unwilling to locate to downtown are: I) inadequate parking, and 2) an inadequate customer base. Mr. Lane noted the Council does not need to adopt the ordinance in order to regulate businesses in the downtown area. Mike Wu, 1771 Timothy Drive, addressed the Council as the design contractor for the project, and opined the denial of this project will discourage other high-end uses. Mayor Young remarked she took offense to Mr. Lane's comments, pointing out in the last ten years the City has done a remarkable job of attracting many quality businesses. Viee- Mayor Glaze and Council Member Nardine echoed and supported the Mayor's comments. Vice-Mayor Glaze commented on the history with the developer, and noted the remarks should not be perceived as a reflection on Ms. Hui or her business. Mayor Young apologized to Ms. Hui, stating she believed there is a place for her restaurant in the city,