Title
PLN15-0440 - 1716 Webster Street - Applicant: United Brothers Enterprise, Inc. The applicant requests an amendment to a use permit to allow sale of beer and wine at an existing 24-hour gas station and convenience store. The property is located within the C-C, Community Commercial zone within the Webster Street Business District. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 - Projects Which Are Disapproved.
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To: President and
Members of the Planning Board
From: Allen Tai, AICP
Planning Services Manager
Date: January 11, 2016
BACKGROUND
The subject property is an existing gas station with a 1995 use permit for a convenience store and 24-hour operation. The 1995 use permit specifically prohibits the sale of alcohol (Exhibit 1). In 2012, the property received approval to be redeveloped with a new convenience store and gas station. The applicant at the time also applied for an amendment to the existing use permit to remove the restriction prohibiting alcohol sales. The request for alcohol sales was unanimously denied by the Planning Board. That denial was subsequently was upheld by the City Council upon an appeal by the applicant (Exhibit 2).
Pursuant to Alameda Municipal Code Section 30-21.8 - Limitation on New Application, applications for use permits that are denied are not eligible for resubmittal for three years from the date of the denial. Since it has been three years since the September 4, 2012 City Council decision on this matter, the applicant is requesting a reconsideration of the same use permit amendment.
DISCUSSION
The applicant proposes to sell beer and wine for off-site consumption during lawfully permitted hours (6:00 a.m. to 2:00 a.m. of the following day). If the City approves this request, the applicant will then need to apply for a liquor license from the California Department of Alcoholic Beverag...
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