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<br />Variance Nos. 2004-13 and 2004-15 <br />Conditional Use Permit No. 2004-27 <br />August 22, 2005 <br />Page 4 <br /> <br />Conditional Use Permit <br /> <br />A conditional use permit is required for retail markets having less than <br />20,000 square feet in area and that are open any time between the hours <br />of 12:00 a.m. and 5:00 a.m. The proposed 683 square foot convenience <br />store will operate 24 hours a day, 7 days a week. <br /> <br />The Planning Division and the Police Department have reviewed the <br />proposal and are recommending conditional approval. The proposed <br />conditions, such as the restriction of hours for the re-fueling of the <br />station and additional security measures recommended by the Police <br />Department, are intended to minimize the potential impacts associated <br />with the 24-hour operation of the convenience store and fuel dispensers. <br /> <br />At its January 24, 2005 meeting, the Planning Commission continued this <br />item to allow the applicant time to revise the project plans to <br />incorporate changes that were discussed during the meeting. The proposed <br />changes were intended to resolve outstanding issues identified by the <br />Planning Division, Public Works Agency and Police Department. <br />Furthermore, the Planning Commission requested staff to prepare findings <br />of facts, conditions of approval and the necessary environmental review <br />documents in anticipation of an approval of the actions. <br /> <br />Staff and the applicant have met several times since January 24, 2005 in <br />an effort to resolve all the outstanding issues identified at the meeting. <br />The vehicular circulation concern and its potential for impact to the <br />streets has been addressed with the proposed conditions of approval, which <br />include the queuing monitoring program and limiting all deliveries to the <br />site. Additionally, the applicant has modified the plans to address <br />outstanding pedestrian circulation, aesthetic and unresolved Public <br />Works Agency and Planning Division concerns identified during the <br />Development Review Committee (DRC) process. The plan revisions include <br />providing raised walkways instead of bollards, removing all intrusions <br />from the required sight triangle areas, enhancing the architecture of <br />the building, and re-designing the fuel delivery truck's path. The <br />applicant has also obtained approval from Red Flex camera system for the <br />location of the proposed driveway on Seventeenth Street, and from Waste <br />Management for trash pick up from the alley. The applicant will be <br />relocating the street trees and traffic signal cabinet to City approved <br />locations, and will be performing all required off-site improvements. <br /> <br />31A-5 <br />