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File #: 23-120    Version: 1 Name: PLN22-0051 Consider a Conditional Use Permit to sell beer and wine for off-site consumption at an existing gas station at 1935 Washington Avenue
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 4/6/2023 Final action: 4/6/2023
Enactment date: Enactment #:
Title: PLN22-0051; Consideration of a Conditional Use Permit to allow for the sale of beer and wine for off-site consumption at an existing gas station at 1935 Washington Avenue. Zoning District CC(H), Commercial Community (Housing Overlay); Alameda County Assessor's Parcel Number 075-073-001-03.; Salvador Soto (applicant); Christopher Dabit (property owner).
Attachments: 1. Attachment A Resolution 2023-004, 2. Exhibit A Findings of Fact, 3. Exhibit B Conditions of Approval, 4. Exhibit C Site Plan and Floor Plan (PLN22-0051), 5. Attachment B Vicinity Map
Title
PLN22-0051; Consideration of a Conditional Use Permit to allow for the sale of beer and wine for off-site consumption at an existing gas station at 1935 Washington Avenue. Zoning District CC(H), Commercial Community (Housing Overlay); Alameda County Assessor's Parcel Number 075-073-001-03.; Salvador Soto (applicant); Christopher Dabit (property owner).

Staffreport
SUMMARY AND RECOMMENDATION

The applicant is requesting a Conditional Use Permit to allow for the sale of beer and wine for off-site consumption from the existing U.S. Gas Station convenience store at 1935 Washington Avenue, which is located in the CC(H), Commercial Community (Housing Overlay) Zoning District. Zoning Code Section 4.04.228 requires that businesses engaged in the concurrent sale of motor vehicle fuel and alcoholic beverages obtain a conditional use permit from the Board of Zoning Adjustments.

Staff recommends that the Board of Zoning Adjustments consider the request and make the necessary findings prior to approving the Conditional Use Permit. The recommended Conditions of Approval address the minimum standards for approval outlined in Zoning Code Section 4.04.228 to ensure the applicant/property owner will operate and maintain the business in an orderly manner, without detriment or burden to the immediate area.

RELATIONSHIP TO SURROUNDING AREA

The site is located in the CC, Commercial Community, Zoning District and is in a Housing (H) Overlay Zone, which permits multi-family and mixed-use housing as permitted uses. The site is surrounded by sites in the CC(H) District to the east and south, the Downtown (DA-2) District to the north, and Residential Duplex (RD) District to the west. Surrounding properties include multifamily residential buildings north across Castro Street and immediately west of the site. Single family residences are located northeast of the site across Washington Avenue and Castro Street. A self-serve car wash is adjacent to the south of the site. Nor...

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