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P24-0127, 1875 Valley Avenue Planning Commission 6 of 7 Land Use The subject site has a General Plan designation of Retail/Highway/Service Commercial Business and Professional Offices (Industrial, Commercial, and Office) and is zoned PUD (Planned Unit Development) District. The City approved a PUD Minor Modification (Case No. PUD-02-4M) for the subject site to conditionally permit the sale of beer and wine from a convenience store operated with a gas station market. One of the primary concerns in reviewing a CUP application is the effect on, and compatibility of a proposed use with surrounding uses, including consideration of the operational characteristics of the project with respect to nearby uses. The original CUP application was reviewed and unanimously approved by the City Council in 2002. The gas station market began operation in February 2004. As noted, at a public hearing in response to neighborhood complaints about noise and nuisance issues, the Planning Commission determined that, while there were issues at the site, they were not attributable to alcohol sales. The Planning Commission voted to impose 11 new conditions off approval, two of which were intended to An eight-foot-tall masonry wall with landscaping matching the design of the wall along the eastern edge of Stoneridge Drive at Newton Drive, to be constructed on the east and south sides of the site, generally from the entrance to the carwash to the exit of the Jack-in-the-Box drive-through. The pedestrian pass-through from the Walnut Hills neighborhood to the gas station market is to be eliminated. Since the approval of the modification to the CUP, there have not been any complaints made to the City regarding the sale of beer and wine at this gas station market. The applicant requests to expand the range of alcoholic beverages offered for sale at the gas station market. Specifically, the applicant requests a modification to the original CUP to allow for the sale of distilled spirits and ready-to-serve beverages. If the newly proposed operational procedures are followed in conjunction with the original CUP approval, staff does not anticipate the expanded range of alcoholic beverages would cause significant adverse impacts. The Police Department agrees with this assessment and does not have any concerns about permitting the sale of distilled spirits and ready-to-serve beverages at this location. To ensure the gas station market would continue to be operated appropriately, staff has included a standard condition of approval requiring the CUP be brought back to the Planning Commission for review should future issues arise in terms of noise, traffic, or parking that result in impacts to surrounding uses and neighborhood. If that occurs, the City would have the ability to mitigate the impacts through modification or imposition of further conditions of approval or to revoke the CUP, if necessary. Therefore, from a land use perspective, staff finds the proposed expansion of alcoholic offerings to be acceptable at this location, as conditioned. ALTERNATIVES As outlined in the above analysis staff believes the use, as proposed and conditioned, would be compatible with the other uses in the vicinity and not create adverse impacts, and recommends the Planning Commission approve the project as proposed and conditioned.