with detached car wash located south of West Ashlan Avenue, between
State Route 99 and North Golden State Boulevard (Council District 1) -
Planning & Development Department.
1. DENY the applicant’s appeal and UPHOLD the action of the
Planning
and
Development
Department
Director
to
deny
Conditional Use Permit Application No. P19-04757 requesting to
establish a State of California Alcoholic Beverage Control Type
21 (off-sale general: beer, wine, and distilled spirits for
consumption off the premises where sold) alcohol license for a
proposed service station and general market.
6:47pm
Thomas Veatch (Planner) made a presentation on the location, land
use/zoning, project summary (including site plan, elevations, & floor plan),
background (including related applications & existing license), application
analysis, restrictions & exceptions (highlighting the census tract with nearby
locations), outreach, timeline, and staff recommendations.
Present on behalf of applicant were Dirk Poeschel, Sunny Singh (property
owner), and Scott Vincent (architect). Poeschel talked about the previous
location, High Speed Rail acquisition, background on the property owner's
journey between locations, support received, proposed site plan &
elevations, and the Code changing after the condemnation (without a
grandfathering exception available). He addressed each of the findings
Veatch mentioned and asked Commission to grant appeal.
Will Oliver (CEO of Economic Development Corporation) spoke in support of
the project and explained the background his agency had with the applicant
since the HSR acquisition.
The Commission discussed the necessary findings (only finding a. of CUP
findings was still needed) and exceptions (only finding a. & c. of the
exceptions were needed to grant the appeal), clarifying restrictions and
limitations. They asked questions about the timeline of when the Code
changed (RNMA) versus when the process started for the project.
No Public Comment was given
Bray found the project was not detrimental, alcohol sales were inevitable as
a result of a grocery store, it was meeting an unserved need, and that the
primary use meets the definition of a general market, therefore moved to
approve the appeal.
On motion of Commissioner Bray, seconded by Commissioner Criner ,
that the above Action Item be APPROVED. The motion carried by the