APPEAL OF
1310 CENTRAL AVE
USE PERMIT
AMENDMENT
CITY COUNCIL – ITEM 7 -A
SEPTEMBER 2, 2025
SUMMARY & RECOMMENDATION
6/8/25: Planning Board approved amendment to 2012 Use Permit Additional operating hours
Food & (non-alcoholic) beverage sales in accessory storefront (< 150 sf) 6/17/25: Appeal filed by Leland Price (neighbor)
City Council review is de novo – must consider all evidence and make independent findings
Recommendation: uphold Planning Board approval
2 SITE
HISTORY
◦ Designated “Industrial” on 1918
Land Use Map
◦ In operation since at least 1950
◦ 1958 Zoning: Commercial District
◦ No Limit on hours at that time
◦ 1974: Rezoned Residential
◦ 1981-2012: Various applications,
amendments, appeals
◦ 1992: First limitation on hours
3 = R-4: Residential
= C-1: Neighborhood Commercial
= R-1: Residential
NONCONFORMING USES (AMC 30-20)
◦ AMC 30-20.2 – Use Permit
If no structural alterations are made, a nonconforming use of a building may, upon approval of a use permit be changed to another nonconforming use of the same or more restricted use classification.
◦ No structural alterations
◦ Same use classification w/ modified conditions
◦ Context: long term decline in annual gallons of fuel sold 4 CURRENT PROPOSED
Gas Station Hours:
M-F: 7am - 8pm
Sat: 9am - 4pm
Sun: closed
Store: automotive goods only
Auto Repair (*separate tenant)
M-F: 9am - 6pm
Sat: 9am - 4pm
Sun: closed
Gas Station Hours: (*Quiet pumps)
M-F: 6am - 10pm
Sat: 7am - 8pm
Sun: 7am - 8pm
Store: snacks & drinks
No alcohol or tobacco
Auto Repair (No changes)
M-F: 9am - 6pm
Sat: 9am - 4pm
Sun: closed
5 6
• Safeway (West): 5am-11pm
• Shell (Webster): 24/7
• Chevron (Webster): 24/7
• 76 (Webster): 24/7
• Safeway (South): 5am-11pm
• Arco (Park): 5a-midnight
• Chevron (Park): 24/7
• Valero (Park):
• M-F: 5:30am-11pm
• Sat: 6am-11pm
• Sun: 7am-11pm
GAS STATION HOURS IN 94501
APPEAL ARGUMENTS
Previous violations – disqualifying + Planning Board unaware Staff response: PB had all information; violations were resolved & applicant in compliance with current conditions of approval.
Incorrect information – PB presented w/ wrong current hours Staff response: Typo in staff report corrected 2x at hearing, PB understood. Church parking – Sunday closure is so churchgoers can park on site Staff response: Not a condition of existing Use Permit. Light Pollution – Extended hours will have impact, PB did not consider Staff response: Appellant raised issue, PB considered & noted store lighting may deter loitering concerns of some neighbors.
7 APPEAL ARGUMENTS (CONTINUED)
General Plan Conformance – Inconsistent with GP environment & preservation themes
Staff response: Part of neighborhood for 75+ years; GP supports legal- nonconforming neighborhood commercial uses.
ExxonMobil – $300 Billion annual revenue
Staff response: Station is a small local business (independent franchise), serves neighborhood, avoids blight.
EV Transition – Use Permit change delays the inevitable Staff response: Supporting existing, long-time neighborhood business is prudent current action.
8 USE PERMIT & CEQA FINDINGS
1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development.
2. The proposed use will be served by adequate transportation and service facilities including pedestrian, bicycle, and transit facilities.
3. The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy.
4. The proposed use relates favorably to the General Plan.
CEQA: This project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15301 - Existing Facilities
9 STAFF RECOMMENDATION
◦Hold a public hearing
◦Adopt resolution upholding Planning Board approval of
Use Permit Amendment PLN24-0094
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