CC Exhibit 06-05-2018 Item No. 20 Appeal of Applications DP-2017-02, U-2017-03 and ASA-2017-04Project Requests
Development and Architectural Site Approval
Permits to permit the replacement of an existing
gasoline service station and auto repair shop
(1,221 s.f.) with an updated gasoline service
station and convenience market (2,419 s.f.); and a
Conditional Use Permit for the proposed
convenience market, concurrent sale of alcoholic
beverages and gas, and 24-hour operations.
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Project Site
Background
• Land dedication for City's future intersection
improvement project
• Consolidation of driveways
• New trash enclosure·
• S De Anza Boulevard streetscape improvement
• On-site landscaping
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Background
• March 27, 2018
Planning Commission approves the
applications with a 4-0-0 ( 1 absent) vote
• April 10, 2018
Appellant, Georgene Petri, files appeal
Basis of Appeal #1
Fencing: "The proposed partial removal of the fence
separating the properties will encourage trespassers
onto the appellant's property. The existing fencing
should be maintained."
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Basis of Appeal #2
Late evening activities: "The planned hours of
operation of 24 hours per day 7 days per week is
excessive and will encourage late night loitering,
suggest hours to be limited to 6:00 a .m . to 11 :00 p.m."
Zoning
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Convert existing gasoline service bays to a convenience market,
propose concurrent soles of alcoholic beverages and gasoline (U-2011-
09)
Demolish existing gasoline service station and auto repair shop and
replace with new 24-hour gasoline service station with convenience
market (U -1997-1 OJ
24-hour operation at a gasoline service station (U-1987-19)
Car wash service at existing gasoline service station (U-2009-02)
Concurrent sales of alcoholic beverages and gasoline (U -2012-02)
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Safety Mitigation
The Santa Clara County Sheriff 's Office
did not identify any public safety
concerns associated with the new
proposal , but recommended the
installation of high resolution video
su.rveillance cameras strategically
located to visually cover the entire site .
Basis of Appeal #3
Alcohol Sales: "Sales of alcohol, especially hard liquor
is excessive and should be limited to 10% of store sales
area."
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• The Municipal Code
• regulates the concurrent sales of gasoline
and alcoholic beverages, which includes the
location of sales, displays, and
advertisements
• does not regulate the alcohol content of
beverages sold on-site nor the percentage
of floor area that alcoholic beverages may
occupy.
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