TITLE
Recommendation to receive supporting documentation into the record, conclude the public hearing, consider the appeals from John LaBelle, Carolyn LaBelle, Anita Hrishikesan and Jeff Bovernam, and Mark Nevin with 56 others, and uphold the decision of the Planning Commission to approve a Categorical Exemption (CE13-095), Site Plan Review and Conditional Use Permit to allow the demolition of two, one-story commercial buildings, and the construction of a 1,899-square-foot Dunkin’ Donuts ready-to-eat establishment with a drive-thru lane, located at 5560 East 7th Street in the CCA zoning district. (District 3)
DISCUSSION
On February 6, 2014, the Planning Commission conducted a public hearing on the Site Plan Review and Conditional Use Permit request for the demolition of two, one-story commercial buildings and the construction of a 1,889-square foot, one-story Dunkin’ Donuts ready-to-eat establishment with a drive-thru lane (Exhibit A - Plans and Photographs). After considering testimony from the public and applicant, the hearing was continued to March 6, 2014. On that date, the Planning Commission received the supporting documentation into the record, concluded the hearing, and voted 5-2 to accept the Categorical Exemption (CE 13-095) (Exhibit B - Categorical Exemption), and approve the Site Plan Review and Conditional Use Permit, subject to conditions (Exhibit C - Findings and Conditions of Approval). Four separate appeals to the Planning Commission’s decision were filed within the 10-day appeal period. One appeal form had a primary appellant, Mark Nevin, with 56 other co-appellants listed on the form (Exhibit D - Appeals). Issues raised in the appeals related to potential traffic impacts due to the project and its configuration on the site, the City’s definition of the use as a “ready to eat” establishment, and issues with the City’s approach to reviewing the project in conjunction with the California Environmental Quality Act (CEQA).
The subject site i...
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