TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing, consider the applicant's appeal, and either:
(1) Uphold the decision of the Planning Commission to deny a
Conditional Use Permit request for the sale of beer and wine for
off-site consumption (Type 20 license) at an existing convenience
store located at 1821 Martin Luther King Jr. Avenue within the
Single Family Residential zone; or
(2) Approve the Conditional Use Permit request for the sale of
beer and wine for off-site consumption (Type 20 license) at an
existing convenience store located at 1821 Martin Luther King
Jr. Avenue within the Single Family Residential zone. (District 6)
DISCUSSION
A Conditional Use Permit (CUP) application was received on March 12, 2012 for the sale of beer and wine for off-site consumption (Type 20 license) at an existing convenience store located at 1821 Martin Luther King Junior Avenue. The subject site is located within the Single Family Residential (R-1-N) zone and is developed with a total building area of 2,678 square feet with no on-site parking (Exhibit A - Plans & Photographs). The existing use is grandfathered. Single-family residential uses are the predominant development pattern surrounding the site, although it backs up to commercial uses to the south along Pacific Coast Highway.
On May 17, 2012, planning staff recommended approval of the CUP application to the Planning Commission. After hearing public testimony and discussing the proposed application in detail, the Planning Commission voted unanimously to overturn staff's recommendation, directed staff to prepare findings for denial of the CUP, and continued the request to the June 7, 2012 Planning Commission hearing. At the June 7, 2012 Planning Commission hearing, after additional public testimony and discussion, the Planning Commission voted unanimously to deny the CUP request, in part because the proposed use was within 500 feet of the Long Beach Polytechnic High School administrative building and it is located in a single family residential zone. The Planning Commission decision was appealed on June 11, 2012 (Exhibit B - Appeal). The Appellant contends that the use would be appropriate for the area.
When a decision of the Planning Commission is appealed to the City Council, staff is required to send the appeal to the City Council within 60 business days of obtaining the appeal.
The Planning Commission's reasons for denial of the CUP, along with denial findings are provided herein (Exhibit C - Denial Findings). However, should the City Council wish to overturn the decision of the Planning Commission and sustain the appeal, staff has prepared the appropriate findings for such a decision based on staff's original recommendation (Exhibit D). This will provide the City Council flexibility to either uphold the Planning Commission's decision to deny the request, or overturn the decision and uphold planning staff's recommendation for approval.
This matter was reviewed by Assistant City Attorney Michael Mais on July 16, 2012 and by Budget Management Officer Victoria Bell on July 18, 2012.
TIMING CONSIDERATIONS
The Municipal Code requires City Council action within 60 days of receiving an application for appeal. The subject appeal was received on June 11, 2012.
FISCAL IMPACT
There is no fiscal impact and no job impact as a result of the recommended action.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
AMY J. BODEK, AICP
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED:
PATRICK H. WEST
CITY MANAGER