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3. CONDITIONAL USE PERMIT NO.2006-07 Filed by 7-Eleven Inc., requesting approval to operate a new gasoline service station and a convenience store during the hours of 12:00 a.m. to 5:00 a.m. in the General Commercial (C2) zoning district for property located at 4426 Westminster Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 2, 2006 PUBLICLY NOTICED: June 1, 2006 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2006-07 as conditioned. Associate Planner Ann Ni presented the staff report and recommendation. Written communication was received from Shav Keuilian, owner at Archie's Corner Market stating opposition to the project. Commission discussed the landscape proposal, consideration for the blank wall behind the property to be covered with ivy, concern with existing metal roof; and ordinance restrictions for 24-hour operation. Officer McCoy clarified that within 150 feet applicant does not need to apply for conditional use permit. Commission inquired about notification to residents at Mobile Home Park. Commission also inquired about an ABC license application. Ms. Ni indicated applicant initially applied and was denied the ABC license, and stated that applicant was only pursuing the 24-hour operation. Ms. Ni indicated that the Riverview West neighborhood approval was received. The public hearing was opened. Applicant Dan Popa and Southwest Real Estate Manager Ronald Taylor spoke in support of the project. Commission discussed modification of the roof material. Applicant indicated they would continue to work with staff for options on the elevations and evaluation on the design and materials for the metal roof. The public hearing was closed. Commission discussed the mitigations affecting the neighbors (landscape buffer and wall, spill-over lighting, tree wells), and recommended that the conditional use permit be reviewed periodically to consider potential neighbor concerns. Officer McCoy stated that the Police Department handles complaints from the neighborhood and would provide the Commission with an incident report. Commission discussed the need for certain stores to operate 24-hours, recommended an increase to the landscape plan that would provide a shield for the residents, consideration for ivy/trellis on walls and review of the roof material. MOTION: Adopt a resolution approving Conditional Use Permit No. 2006-07 as conditioned and directed staff to add a condition for landscape materials to be provided along the south property line abutting the mobile home park subject to the approval of the landscape Associates and the Planning Manager. Ms. Haluza indicated that the staff would continue to work with the applicant to choose an alternative material for the roof. Planning Commission Minutes 4 June 12, 2006