HomeMy WebLinkAbout09/16/2009ZONING ADMINISTRATOR HEARING
MINUTES
SEPTEMBER 16, 2009
CONDITIONAL USE PERMIT NO. 2009 -16
10:35 a.m.
Mr. Vince Fregoso, Acting Zoning Administrator, called to order the public hearing in the
City Hall Ross Annex Conference Room 2001.
Also in attendance were: Robert Zakar and Weaam Zakery, Applicants; Charloette Kimes,
Resident; Matt Foulkes, Assistant Planner I; Karen Haluza, Planning Manager; Commander
Tammy Franks, Mike McCoy and Yolanda Pena, Police Department; Ben Kaufman, City
Attorney; and Jocelyn Magalona, Recording Secretary.
There were no written communications
Matt Foulkes presented the staff report and recommendation.
Ms. Kimes stated the project should be approved.
Ms. Pena stated that an ABC license upgrade constitutes an intensification of use
Mr. Zakar presented the background and history of the business and current ABC license.
He provided pictures, petition from customers in support of the project, exhibits from the
California Department of Alcoholic Beverage Control web site showing a history of K &S
Food Store and a list of other ABC licenses in the area.
Ms. Pena noted that a K &S store clerk was arrested last month for assault with a deadly
weapon. Mr. Fregoso asked for crime rate statistics. Ms. Pena provided the information.
Discussion and clarification followed concerning the ABC entitlement process involving the
transfer of license and conditional use permit.
Mr. McCoy pointed out that the photo provided by Mr. Zakar of K &S Food Store advertises
check cashing which requires a conditional use permit and inquired if they have a permit.
Mr. Zakar and Mr. Zakery stated they have a permit.
After reiterating the reasons for denial based on overconcentration, sensitive land uses, and
consistency with the General Plan, the Acting Zoning Administrator adopted a resolution
denying Conditional Use Permit No. 2009 -16.
The hearing adjourned at 11:05 a.m.
L -
Jocelyn Maga ona
Recording Secretary
mr\zoning administration \minutes@009 \09 -16 -09 CUP09 -16 K &5 Food