TITLE
Recommendation to receive supporting documentation into the record, conclude the public hearing, consider the appeals from Laurie Angel and Chuck Fowler, and uphold the decision of the Planning Commission to approve a Categorical Exemption (CE 14-114) and Conditional Use Permit to allow the sale of beer and wine for off-site consumption at an existing gas station convenience store located at 5740 Atlantic Avenue in the Commercial Neighborhood Pedestrian (CNP) zoning district.
(District 8)
DISCUSSION
On January 15, 2015, the City Planning Commission conducted a public hearing on a Conditional Use Permit request to allow the sale of beer and wine for off-site consumption (under an ABC Type 20 license) at an existing gas station convenience store. (Exhibit A - Plans and Photographs). After considering staff’s findings and testimony from the public and applicant, the Planning Commission received the supporting documentation into the record, concluded the hearing, and voted 3-1 to accept the Categorical Exemption (CE 14-114) (Exhibit B - Categorical Exemption) and approve the Conditional Use Permit, subject to conditions (Exhibit C - Findings and Conditions of Approval). An appeal of the Planning Commission’s approval action was filed on January 23, 2015, within the 10-day appeal period (Exhibit D - Application for Appeal). The appellants cite three reasons for the appeal filing: the project site’s location within a designated high crime area; the concentration of alcohol sales uses in proximity to the project site; and the project site’s location at a major school-travel intersection. Staff recommends that the City Council deny the appeal and uphold the Planning Commission’s decision.
The subject site consists of a 12,813-square-foot parcel located at the southeast corner of Atlantic Avenue and South Street in the Commercial Neighborhood Pedestrian (CNP) zoning district (Exhibit E- Location Map). The site is currently developed with a two-canopy gas st...
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