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Mr. Charles View, Senior Planner, responded that the petition had been submitted at the Zoning Administration Hearing and no additional petition had been submitted since that hearing. Commissioner Doughty asked what the hours of operation were for the convenience store; if the adjacent neighborhood had been informed of the project; and if staff had received any correspondence from the neighborhood. Mr. Emad Salameh, applicant, responded that the hours of operation were from 5:00 a.m. to 9:00 p.m. He also added that throughout the past year of operations, he had cooperated with staff and he felt that the case was handled very poorly. ' Ms. Perry indicated that the neighborhood had been notified and no ondence had been received corres p . Commissioner Nalle asked Mr. Diamond if he had read the chronology and if he felt the chronology was accurate. Mr. Diamond responded that he had reviewed the chronology of events. He did not agree with the July 17, 1995 entry regarding Judge Seymore determining that the City had responded within a timely manner. The entry should have said that the Police Department approved the granting of the alcohol license with conditions. However, the chronology was essentially accurate. He also expressed that the person who created the chronology used language to cause prejudice and to mislead the Commission. He further added, that the March 24 entry supports his argument that the conditional use permit was recommended to be approved with conditions. Mr. Adams corrected Mr. Diamond and stated to the Commission that staff did not have the authority to approve a conditional use permit. Madam Chair Brown indicated to Mr. Diamond that the chronology indicated that on March 10, 1995 the Police Department revealed that the application was incomplete and asked why the applicants had not addressed that issue. Mr. Diamond responded that the chronology was not true because the Police Department had discussed conditions of approval for the license. Commissioner Segura moved to deny the appeal for Conditional Use Permit No. 96-5. She further indicated that she did not feel that the case was unique. There were some items missing when the permit was submitted and the items that staff had requested, had not been submitted within the timeframe. The crime rate may have been lowered due to the applicants management but not having the ability to sale beer and wine was also a contributing factor. Commissioner Oliver seconded the motion. In addition, he indicated that he agreed with Commissioner Segura that not having the ability to sale beer and wine was a contributing factor to the reduction in police related incidents. He also reminded the other Commissioners that there was a narrow issue whether or not a conditional use permit should be approved. Mr. Diamond pointed out a lapse in the process; but that was not the issue at this meeting and there would be ample opportunity to deal with the other issues in another form. However, Commissioner Oliver respectfully stated that the community in that vicinity would be better off not having another outlet that sold beer and wine. Commissioner Nalle commented that this was a case in which there had been a series of errors. He indicated that he felt the errors were not intentional by staff but felt it would not be fair to the applicants to deny their request. Commissioner Doughty indicated that she normally turned down requests for alcoholic sales but she felt that there was a calamity in the process and she would vote against the motion. In addition, she stressed that she felt the City had enough businesses that sold alcohol. AYES: Pedroza, Brown, Oliver and Segura NOES: Doughty, Nalle, and Mondo ABSENT: None 2. CONDITIONAL USE PERMIT NO. 96-09 (Tom Childress) Filed by Mr. R.C. Thompson to allow after hour operations at an existing Del Taco located at 2841 West Warner Avenue in the Community Commercial (C1) zoning district. LEGAL NOTICED: April 9, 1996 PUBLIC NOTICED: April 9, 1996 RECOMMENDATION: Approve Conditional Use Permit No. 96-09 as conditioned by staff and adopt the findings as submitted by staff. PLANNING COMMISSION MINUTES 4 APRIL 22, 1996