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