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Title:
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Consideration of Initiation of Appeal of the Director’s Decision Granting an Administrative Use Permit for the Off-Sales of Beer and Wine Incidental to a Proposed New 7-Eleven Convenience Store Located at 5900-5902 Washington Boulevard.
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City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council consider the initiation of an appeal of the
Director’s decision granting an Administrative Use Permit for the off-sales of beer
and wine incidental to a proposed new 7-Eleven convenience store located at 5900-
5902 Washington Boulevard.
BACKGROUND/DISCUSSION:
On April 3, 2009 an Administrative Use Permit was approved for the sale of alcoholic
beverages incidental to a new 7-Eleven convenience store located at 5900-5902
Washington Boulevard. The approval is subject to a 15 day appeal period, which
ends on April 20, 2009. The subject Decision Letter is attached.
On April 6, 2009, Councilmember Armenta requested an opportunity to discuss the
decision. Zoning Code Section 17.640.015 states:
“A member of the Council may request the opportunity to discuss any
decision previously rendered by the Director [of Community
Development] or [Planning] Commission; however, a majority vote of
the Council is required to initiate an appeal of the decision. Once
the vote to initiate an appeal is passed by a majority, the matter shall
be scheduled for hearing. The decision of the Council on the appeal
shall be final and shall become effective upon adoption of the
resolution by the Council.” [emphasis added]
Meeting Date: 4/20/2009 Item Number: A-1
AGENDA ITEM: Consideration of Initiation of Appeal of the Director’s Decision
Granting an Administrative Use Permit for the Off-Sales of Beer and Wine
Incidental to a Proposed New 7-Eleven Convenience Store Located at 5900-5902
Washington Boulevard
Contact Person/Dept.: Thomas Gorham,
Planning Manager
Phone Number: (310) 253-5727
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [ ] Action Item: [X] Attachments: [X]
Public Notification: Master E-Mail Notification List (4/16/09); Applicant and property
owner (4/15/09).
Department Approval:
Sol Blumenfeld (04/16/09)
City Attorney Approval:
Carol Schwab (by H. Baker)(04/16/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (04/16/09)
City Manager Approval:
Jerry B. Fulwood (04/16/09) City of Culver City, California
City Council Agenda Item Report
Pursuant to Councilmember Armenta’s request, this item has been agendized
tonight for the Council to consider initiation of an appeal.
In deciding whether to appeal the decision, the Council should be aware of Zoning
Code Section 17.640.030 C. “Required Statement and Evidence” which outlines the
basis for appeals:
1. Applications for appeals shall include a general statement specifying the basis for
the appeal and the specific aspect of the decision being appealed.
2. Appeals shall be based upon an error in fact, dispute of findings or inadequacy of
conditions to mitigate potential impacts.
3. Appeals shall be accompanied by supporting evidence substantiating the basis
for the appeal.
Although the Council is not required to formally submit a written application setting
forth the above, if an appeal were to be initiated, the Council would need to make
the appropriate findings in making a decision on such appeal.
If a majority of the Council votes to initiate an appeal of the decision, then the matter
will be scheduled for a public hearing before the City Council with proper notice
provided to the applicant and all those previously noticed (property owners and
occupants within 500-feet of the proposed convenience store) at least 21 days prior
to the hearing.
FISCAL IMPACT:
There is no fiscal impact associated with this proposed action.
ATTACHMENTS:
1. April 3, 2008 AUP Decision Letter
MOTION:
That the City Council:
1A. Initiate an appeal of a decision granting an Administrative Use Permit for the off-
sales of beer and wine incidental to a proposed new 7-Eleven convenience store
located at 5900-5902 Washington Boulevard;
City of Culver City, California
City Council Agenda Item Report
OR
1B. Take no action.
MEETING DATE: 04.20.09
AGENDA ITEM: Consideration of Initiation of Appeal of the Director’s
Decision Granting an Administrative Use Permit for the
Off-Sales of Beer and Wine Incidental to a Proposed
New 7-Eleven Convenience Store Located at 5900-5902
Washington Boulevard
ATTACHMENTS
Pages
1. April 3, 2008 AUP Decision Letter 1 - 5
ATTACHMENT 1
2ATTACHMENT 1
3ATTACHMENT 1
4ATTACHMENT 1
5ATTACHMENT 1|1013|