Staff Report #20-016-PC

Community Development

STAFF REPORT

Planning Commission Meeting Date: 3/9/2020 Staff Report Number: 20-016-PC

Public Hearing: Use Permit/Aparna Saha/710 Willow Road

Recommendation Staff recommends that the Planning Commission approve a use permit to allow the sale of beer and wine at an existing convenience store for off-premises consumption. The convenience store is associated with an existing service station at 710 Willow Road in the C-4 (General Commercial) zoning district. In accordance with the requirements of the California State Department of Alcoholic Beverage Control (ABC), staff recommends that the Planning Commission find that the off-sale of alcohol at this location (ABC Type 20 License) serves a public convenience or necessity. Staff also recommends that the Planning Commission deny a use permit to operate the existing service station and associated convenience store at the site 24 hours a day. The recommended actions are included as Attachment A.

Policy Issues Each use permit request is considered individually. The Planning Commission should consider whether the required use permit findings can be made for the proposal and whether the sale of beer and wine at this location serves a public convenience or necessity. The Planning Commission should also consider whether the existing service station and associated convenience store should be permitted to operate 24 hours a day, or whether the business should be closed between the hours of midnight and 6:00 a.m.

Background Site location The subject property is located at 710 Willow Road, in the northeast corner of the intersection of Willow Road and O’Keefe Street, and is accessible from both Willow Road and O’Keefe Street. To be consistent with the orientation of the building, this report refers to Willow Road as the front of the property. The adjacent parcel to the north at 718 Willow Road is also in the C-4 (General Commercial) zoning district and is occupied by acupuncture, massage therapy, and chiropractic uses. The adjacent parcels to the east and south across O’Keefe Street are in the R-3 (Apartment) zoning district and occupied by a mix of single-family and multi-family residences. Parcels to the west across Willow Road are zoned PF (Public Facilities) and are the site of the Menlo Park Veterans Affairs Medical Center. A location map is included as Attachment B.

Previous Planning Commission review On January 14, 2019, the Planning Commission approved a proposal to convert an automotive mechanic shop into additional convenience store area, install new exterior doors and windows, and make changes to the trim and colors on the exterior of the convenience store building. The applicant received a building

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Staff Report #: 20-016-PC Page 2 permit for the alterations in February 2019, and the work was completed in August 2019.

Analysis Project description The applicant is requesting a use permit to operate the 76 service station’s existing gas pumps and convenience store 24 hours a day, and also a use permit to allow the sale of beer and wine for off- premises consumption (ABC Type 20 license) between the hours of 6:00 a.m. and 2:00 a.m. the following day. The site is currently developed with eight fueling stations, a 1,000-square foot snack shop and a 160- square foot storage shed, totaling 1,160 square feet of gross floor area. The fueling pumps and convenience store are currently open daily from 6:00 a.m. to midnight. No changes are proposed to the existing site improvements. The project plans and the applicant’s project description letter are included as attachments C and D, respectively.

The applicant states the existing convenience store sells a number of products including a variety of snacks, coffee and soft drinks, tobacco products, and items related to vehicle maintenance such as automotive oil and air fresheners. The proposed alcohol sales would be limited in size relative to the overall business, occupying approximately 20 percent of the existing wall cooler space.

The applicant indicates that the convenience store cash register presently has software programmed to restrict sales of tobacco without scanning the date of birth from a purchaser’s ID. Cashiers are trained on the use of the register software and specific regulations regarding the sale of tobacco. The applicant states that the same principles and protocols would be implemented with regard to the sale of alcohol to prevent any illegal sales to minors.

Determination of public convenience or necessity One of the components of the proposed application is the determination of public convenience or necessity, as required by ABC. Prior to the licensing of a new “off-sale alcohol” establishment, ABC requires the local jurisdiction to make a determination of public convenience or necessity. In Menlo Park, such a determination is made by the Planning Commission (unless appealed to the City Council), in conjunction with any associated application such as a use permit for the off-site retail sale of alcohol. The criteria for this determination are not explicitly defined by State or City code, and each determination is reviewed on a case-by-case basis to consider the specific factors involved.

As a mixed-use corridor in the Willows neighborhood, the section of Willow Road between Middlefield Road and US 101 currently contains a variety of uses, including alcohol sales. Three businesses in the area, all grocery stores, currently have off-sale ABC licenses:

• Hacienda Super Mercado – 1933 Menalto Avenue (Type 20 – beer and wine) • The Willows Market – 60 Middlefield Road (Type 21 – beer, wine, and spirits) • El Rancho Market – 812 Willow Road (Type 20 – beer and wine)

Of the businesses listed above, all three are in the same census tract as the subject parcel. ABC has indicated that the addition of a fourth off-sale alcohol license would mean the census tract is considered

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Staff Report #: 20-016-PC Page 3 over concentrated. However, if the Planning Commission finds that the proposal serves a public necessity or convenience, ABC may issue a Type 20 license for the subject business.

Although the area surrounding the subject site contains grocery stores providing the off-site sale of alcohol, the format, size, and focus of these businesses varies. In staff’s view, convenience encompasses a broader set of factors beyond an absolute number of stores, including considerations of location, an availability of product types, pricing, and a store’s overall product mix (including non-alcoholic products). Staff believes the addition of a relatively limited set of beer and wine offerings would complement the other products for sale. In addition, the proposed operations would provide a convenience for customers by allowing them to make such purchases at a service station in combination with fueling their vehicles or purchasing limited convenience items, without having to make additional trips to area grocery stores to purchase beer or wine. Staff believes the proposed off-sale of beer and wine in conjunction with the existing convenience store operations would provide a convenience and service to patrons traveling on Willow Road and residing in the vicinity of the subject site.

Staff shared the proposal with the Menlo Park Police Department, who reviewed calls for service over the last few years related to the service station and convenience store. The Police Department determined that most activities in the vicinity were officer-initiated, such as regular patrols of the area and traffic stops, and not calls for service related to the gas station or convenience store. As a result, the Police Department indicated they did not believe that approving the request for an off-sale alcohol license at the site would lead to a higher volume of calls for service.

Business operations after midnight The second component of the proposed application is a request for 24-hour operations of the existing gas pumps and convenience store. Chapter 8.12 of the Municipal Code requires a permit for business operations between the hours of midnight and 6:00 a.m. on premises within 300 feet of any property zoned for or occupied by residential uses. As described in a previous section, parcels zoned for and occupied by residential uses are located immediately adjacent to the rear of the subject site and across O’Keefe Street. Additional residentially-zoned and occupied parcels are located within 300 feet in the Willows neighborhood.

Chapter 8.12 specifies that the criteria for granting or denying a permit shall be as follows:

• Whether the permit will allow activity which interferes with the peace and quiet of persons of ordinary sensibility while enjoying property in use as residential property, • The number of persons affected, • The extent of such interference, • The length of time during which an existing business has been operating between the hours of midnight and 6:00 a.m. without significant complaint to the city, and • Hardship to the business from loss of income or other factors if the permit is not granted.

The Municipal Code further states that the permit shall be granted unless it is found that the interests of the residents in the peaceful and quiet enjoyment of residential property outweigh the interests of the business seeking the permit. The permit shall be denied in whole or in part, or conditions shall be attached

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Staff Report #: 20-016-PC Page 4 to the permit, only to the extent that the denial or conditions are supported by the findings.

As indicated in the Correspondence section below, staff received nine emails opposing the proposed application. Of those nine, six directly mention concerns and existing issues related to maintaining peaceful and quiet enjoyment of the surrounding residential properties. The items of correspondence describe noise, light and glare, litter, loitering, potential drunken and disorderly behavior, and other concerns related to the proposed and existing operations at the subject site and other commercial properties along Willow Road.

Thirty-seven parcels with residential uses and/or zoning are located within 500 feet of the subject property in the Willows neighborhood, and many more properties with residential zoning and uses are located in the neighborhood to the east. The number of residents affected by 24-hour operations at the site and the extent of interference would be significant, given that the subject parcel is surrounded by a number of residential properties and located at one of the few entrances into the Willows neighborhood from Willow Road. Additionally, it does not appear there would be any hardship to the service station and convenience store from loss of income since the business does not currently operate during these hours and has not operated during these hours for several years. The applicant indicated that the hours of operation were reduced in the past due to lack of business overnight and during the early morning. Consequently, staff believes that the findings to grant a permit outlined in Chapter 8.12 cannot be made, and that permitting 24-hour operations at the site would likely create or exacerbate activities that interfere with the peace and quiet of persons of ordinary sensibility enjoying their residential property during the hours of midnight to 6:00 a.m.

Correspondence With the submittal of the previous 2019 application to expand the convenience store and modify the exterior of the building, the applicant provided 89 signed form letters from customers residing in Menlo Park and neighboring jurisdictions. Of the 89 form letters, 38 included suggestions requesting the sale of alcohol and/or 24-hour operations. In response, the applicant applied to ABC and the City for a license and use permits to provide these services for patrons.

However, staff also received nine items of correspondence in opposition to the proposed project. All items of correspondence are included in Attachment E. The main objections to the requests include trash and debris generated by the uses of the property, traffic and parking, nighttime noise, trespassing/loitering on the property and in the vicinity, and concerns about potential alcoholism and drunk driving. In response, the applicant states that video surveillance footage from cameras kept on the site indicate that during approximately 90% of the hours of operation, only one car is parked in the designated parking area adjacent to the convenience store building. Additional cars are parked in the 10 spaces next to the gas pumps and on the north side of the convenience store less than 10% of the time. Vendors currently make deliveries to the convenience store on-site, but as an added precaution, the applicant has informed all vendors to ensure that they do not park on the street or block driveways in the vicinity. Finally, the applicant indicates that the business maintains lighting and surveillance cameras on the premises to monitor and deter loitering, trespassing, and crime. Because existing markets in the vicinity already sell beer and wine for off-site consumption, the subject business would not be the first retailer to offer alcohol sales in the area. In addition, compared with the size and scale of other markets in the area selling beer

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Staff Report #: 20-016-PC Page 5 and wine, the potential offerings of the subject business would be limited in size and confined to a relatively small area of the convenience store. Cashier training and controls on the sale of alcohol from the convenience store would further limit any potential nuisances and illegal activities.

Conclusion The proposed alcohol sales would be limited in size relative to the overall business operations. The operations would include employee training. The proposed off-sale of beer and wine in conjunction with the existing convenience store operations would provide a public convenience and service to patrons by allowing customers of the gas station and/or convenience store to purchase beer and wine along with other products in a single visit. Staff recommends that the Planning Commission approve the request to allow the sale of beer and wine at an existing convenience store for off-premises consumption (ABC Type 20 License).

The service station and convenience store are located directly adjacent to single family- and multifamily- zoned parcels on O’Keefe Street. These parcels are developed with existing residential uses. Staff has received correspondence expressing concerns about noise, lighting and glare, debris, and safety associated with the existing service station and convenience store operations at the site. In the interest of residents living in close proximity to the site, and to ensure the peaceful and quiet enjoyment of their property during the late evening and early morning hours, staff recommends that the Planning Commission deny the request to operate the business between the hours of midnight and 6:00 a.m.

Impact on City Resources The project sponsor is required to pay Planning, Building and Public Works permit fees, based on the City’s Master Fee Schedule, to fully cover the cost of staff time spent on the review of the project.

Environmental Review The project is categorically exempt under Class 1 (Section 15301, “Existing Facilities”) of the current California Environmental Quality Act (CEQA) Guidelines.

Public Notice Public Notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Public notification also consisted of publishing a notice in the local newspaper and notification by mail of owners and occupants within a 500-foot radius of the subject property.

Appeal Period The Planning Commission action will be effective after 15 days unless the action is appealed to the City Council, in which case the outcome of the application shall be determined by the City Council.

Attachments A. Recommended Actions

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Staff Report #: 20-016-PC Page 6

B. Location Map C. Project Plans D. Project Description Letter E. Correspondence

Disclaimer Attached are reduced versions of maps and diagrams submitted by the applicants. The accuracy of the information in these drawings is the responsibility of the applicants, and verification of the accuracy by City Staff is not always possible. The original full-scale maps, drawings and exhibits are available for public viewing at the Community Development Department.

Exhibits to Be Provided at Meeting None

Report prepared by: Tom Smith, Senior Planner

Report reviewed by: Corinna Sandmeier, Senior Planner

City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org ATTACHMENT A 710 Willow Road – Attachment A: Recommended Actions

LOCATION: 710 Willow PROJECT NUMBER: APPLICANT: Aparna OWNER: Aparna and Road PLN2019-00094 Saha Subal Saha PROPOSAL: Request for a use permit to allow the sale of beer and wine at an existing service station convenience store for off-premises consumption every day from 6:00 a.m. to 2:00 a.m. the following day, and to operate the existing service station and associated convenience store 24 hours a day, in the C-4 (General Commercial) district. As part of the review, the Planning Commission will need to determine whether the sale of alcohol at this location serves a public convenience or necessity, in accordance with the requirements of the State Department of Alcoholic Beverage Control (ABC). DECISION ENTITY: Planning DATE: March 9, 2020 ACTION: TBD Commission VOTE: TBD (Barnes, DeCardy, Doran, Kennedy, Kahle, Riggs, Tate) ACTION: 1. Make a finding that the project is categorically exempt under Class 1 (Section 15301, “Existing Facilities”) of the current California Environmental Quality Act (CEQA) Guidelines. 2. Make findings, as per Section 16.82.030 of the Zoning Ordinance pertaining to the granting of use permits, that the proposed use will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, and will not be detrimental to property and improvements in the neighborhood or the general welfare of the City. 3. Make a finding that the proposed use would serve a public convenience because the proposed use would allow residents, visitors, and employees of the immediate vicinity a convenient location to purchase beer and wine. 4. Approve the use permit for off-sale alcohol sales (ABC Type 20 license) subject to the following standard conditions: a. Development of the project shall be substantially in conformance with the plans prepared by Iyer & Associates consisting of 4 plan sheets, dated received October 19, 2019, and the project description letter dated received October 19, 2019, approved by the Planning Commission on March 9, 2020, except as modified by the conditions contained herein, subject to review and approval of the Planning Division. b. The applicant shall comply with all Sanitary District, Menlo Park Fire Protection District, and utility companies’ regulations that are directly applicable to the project. c. The applicant shall comply with all requirements of the Building Division, Engineering Division, and Transportation Division that are directly applicable to the project. 5. Deny the use permit for business operations after midnight based on the following criteria set forth in Section 8.12.010 of the Municipal Code: a. Residents have submitted correspondence indicating concerns and existing issues, such as noise, light, litter, and loitering, related to operations at the service station and convenience store, as well as other commercial properties in the vicinity. The permit would allow activity which interferes with the peace and quiet of persons of ordinary sensibility while enjoying property in use as residential property. b. Thirty-four residential parcels are located within 300 feet of the subject property. The number of residents affected by business operations after midnight at the site would be significant. c. The extent of interference would be significant, given that the subject parcel is surrounded by a number of residential properties and located at one of the few entrances into the Willows neighborhood from Willow Road.

PAGE: 1 of 2 A1 710 Willow Road – Attachment A: Recommended Actions

PAGE: 2 of 2 A2 ATTACHMENT B

City of Menlo Park Location Map 710 Willow Road

Scale: 1:4,000 Drawn By: TAS Checked By: CDS Date: 3/9/2020 Sheet: 1 B1 ATTACHMENT C

IYER & ASSOCIATES Architecture Interiors Planning

IYER BUILDING 855 SANSOME STREET, SUITE 200 SAN FRANCISCO, CA 94111 PHONE 415 362-4937 FAX 415 362-8158 WEB: www.iyerarch.com (E) CURB AND GUTTER TYP. EMAIL: [email protected] R=20' WILLOW ROAD 24.13' (WIDTH VARIES)

(E) CONC. CURB (E) CONC. CURB (E) DRIVEWAY

29'-3" 44.67' 2018 c IYER & ASSOCIATES (E) CONC. SIDEWALK (E) CONC. SIDEWALK

AR 27'-2" (E) CURB AND GUTTER TYP. SED CH N IT E E (E) SIGN 9'-8" C C I T L (E) DRIVEWAY ARVIND S. IYER ROCK 26'-1" (N) OFFSITE HIGH C15353 IMPROVEMENT - 62.07' VOLT (E) DRIVEWAY REN. 02/28/2019 PLANT STREET TREE S TEL T IA VICINITY MAP A N T R (E) GAS E O 16 PUMP OF CALI F

(E) GAS (E) CONC. SIDEWALK (E) CONC. (E) CONC. (E) BRICK PUMP SHEET INDEX CURB PIL. CURB Sheet Description

51.6' (E) CONC. CURB (E) OVERHANG

(E) AC PAVING 20'-1" Boundary + Topographic Survey (E) AC PAVING A-1 Proposed Site Plan; Vicinity Map; Project (E) CONC. 51.6'

26'-4" Information; Scope of Work (E) GAS PUMP A-2 Area Plan + Area Diagram + Streetscape (E) DRIVEWAY (E) GAS (E) CONC. (E) BRICK PUMP A-3 Existing Floor Plans + RCP + Elevations 72.19' CURB PIL. 5'-9" (E) MONITORING WELL A-4 Proposed Floor Plans + RCP + Elevations (N)DIRECTIONAL

SIGN CONC. CURB (E) CONC. (E) CONC. CURB TANBARK A-5 Sections+ Roof Plan CURB 27.1'

80.98'

SITE INFORMATION (E) CONC.

O'KEEFE ST. (E) OVERHANG

JURISDICTION CITY OF MENLO PARK 19' 51.1" CONC. CURB

APN 062-202-200 DIRT TANBARK PROTECTED (E) CONC. ZONING STREET TREE (E) CONC. CURB LANDSCAPE C-4 GENERAL COMMERCIAL 7'-11" 15 (N) SCOPE OF WORK SETBACKS: REAR: NONE SIDES: NONE FRONT: NONE 8.33% MAX RAMP UP 58'-1" PARKING REQUIREMENTS: (E) CONC. SIDEWALK (E) BUILDING (E) MONITORING WELL 8'-0" MIN. 9'-0" MIN. 9'-0" 9'-0" 6 PARKING SPACES PER 1,000 S.F.A. = 1,001 S.F./1,000 = 1.01 x 6 = 6.06 CONC.

PARKING REQUIRED 7 SPACES. PARKING PROVIDED 11 SPACES (E) CONC. CURB AND GUTTER TYP. NO PARKING 3 2 1 (E) BUILDING

18'-0" TYP. (N) REPLACEMENT

50' WIDE

9'-11" 23.0' TREES 15 GALS TYP. SITE 10,636 S.F. 8.33% MAX RAMP UP (E) AC PAVING 710 WILLOW ROAD, ONE-WAY PROPOSED BUILDINGS 1000 S.F. 9.4% F.A.R. EXIT ONLY 55.8'

(E) SNACK SHOP AND AUTO SERVICE 1000 S.F. (E) CONC. CURB MENLO PARK, CA 94025 X

(E) AC PAVING X (E) CONC. CURB

(E) CANOPY 1127 S.F. 1 X X X

X 20.5' X X

X X (E) ELEC. METER X

(E) CONC. (E) LANDSCAPING 790 S.F. 7.4% F.A.R. X (E) CONC. CURB (E) CONC. X 12.3' (E) IMPERVIOUS 9846 S.F. 92.6% F.A.R. X

X DIRT

(E) DRIVEWAY REMODELED BUILDING 452 S.F. (E) CONC. (E) SHED RECYCLABLE TRASH BIN LANDSCAPE JC TREE CARE & LANDSCAPE TREE 13 14 12 11 09 IDENTIFICATION LIST: X X X X X X X X X X X X

X X X X X X X X X X

X X X X X

6.8% F.A.R. X X X X X X X X LANDSCAPING 723 S.F. ROCK X X X 10 121'± REMOVAL PERMIT APPLICATION 3HTR2018-00099 IMPERVIOUS AREA 9913 S.F. 93.2% F.A.R. (E) 6'-0" HT TALL 6.0' TALL WOOD FENCE X 19'-10" (N) TRASH BIN FENCE SHINY XYLOSMA 16" DBH RECYCLABLE 09 X TO BE REMOVED

(E) CONC. PAVERS BAY 24"/6" DBH A&S UNION 76 MINI-MART REMODEL X 10 PROPOSED NEW TREES APPROVED FOR REMOVAL BASED ON CONDITIONS OF THE TREES WITH RESPECT TO (E) BUILDING DISEASE, DANGER OF FALLING, PROXIMITY TO 56'-4" NOTES: EXISTING OR PROPOSED STRUCTURES. COAST LIVE OAK 20" DBH 25'-0" 1. AN ENCROACHMENT PERMIT FROM 11 THE ENGINEERING DIVISION IS REQUIRED APPROVED FOR REMOVAL BASED ON SITE PLAN PRIOR TO ANY CONSTRUCTION ACTIVITIES CONDITIONS OF THE TREES WITH 16'-6" IN THE PUBLIC RIGHT OF WAY. RESPECT TO DISEASE, DANGER OF FALLING, PROXIMITY TO EXISTING OR Date: Issued for: 2. ALL EXISTING FRONTAGE PROPOSED STRUCTURES. (E) 2ND STORY 09-21-2018 PLANNING APPROVAL 2'-6" 4'-6" TRASH BIN RECYCLABLE BUILDING LINE IMPROVEMENTS THAT ARE DAMAGED, 12 SHINY XYLOSMA 10" DBH 11-06-2018 PLANNING REVIEW CRACKED, UPLIFTED OR DEPRESSED APPROVED FOR REMOVAL BASED ON DRIVEWAY DURING THE COURSE OF CONSTRUCTION, THE LONG TERM VALUE OF THE SPECIES. OR THAT WERE DAMAGED PRIOR TO SHINY XYLOSMA 12" DBH (E) CONC. CONSTRUCTION, SHALL BE REMOVED, 13 (N) TRASH ENCLOSURE PLAN APPROVED FOR REMOVAL BASED ON 3/16" = 1'0" REPLACED AND/OR REPAIRED. REPLACED AND REPAIRED SECTIONS SHALL MEET THE LONG TERM VALUE OF THE SPECIES. CITY STANDARDS ALONG THE ENTIRE 14 SHINY XYLOSMA 12"/9" DBH PROPERTY FRONTAGE. CITY WILL NOT TO BE RETAINED. BEAR THE COSTS OF RECONSTRUCTION. 15 CHERRY LAUREL CITY TREE 12" DBH TO BE PROTECTED BY APPROPREATE MEASURES. 8'

6' 16 ZELKOVA SERRATA 'GREEN VASE' (N) CITY TREE Drawn by SV/MM/SSV SITE PLAN Checked by ASI (N) TRASH ENCLOSURE ELEVATION A 3/16" = 1'0" 1/8"=1'-0" N Project no. Sheet no. 12180823 DETAIL - 1 A-1

MENLO PARK, CA 94025 CA PARK, MENLO

A I

T ROAD, WILLOW 710 ASI

C N

E R

IT O F

A-2

H I SV/MM/SSV

C L R A

A REMODEL MINI-MART 76 UNION A&S Sheet no. C D F C15353

E O

S PLANNING APPROVAL PLANNING REVIEW Issued for:

REN. 02/28/2019 N

E E

ARVIND S. IYER

C T I L A ST IYER & ASSOCIATES c Architecture Interiors Planning SAN FRANCISCO, CA 94111 WEB: www.iyerarch.com 855 SANSOME STREET, SUITE 200 2018 PHONE 415 362-4937 FAX 415 362-8158 EMAIL: [email protected] IYER BUILDING IYER & ASSOCIATES 12180823

Date: 09-21-2018

11-06-2018 Drawn by Checked by Project no. AREA PLAN, STREETSCAPE DIAGRAM & 718 ROAD WILLOW

18-11"

(E) DRIVEWAY X

X X

(E) CURB AND GUTTER TYP.

(E) CONC. CURB X

80'-9" (E) SHED X

(E) DRIVEWAY

26'-1" X

X X

27'-2"

WILLOW ROAD X

(E) CONC. SIDEWALK

X X

29'-3" X FOOD MART (E) BUILDING

(E) DRIVEWAY X

570 X OKEEFE STREET

33'-10" X

(E) CONC. CURB

(E) CURB AND GUTTER TYP.

X X

WATER & AIR

(E) DRIVEWAY (E) (E) CONC. SIDEWALK CONC. (E)

(E) CONC. (E)

(E) DRIVEWAY (E)

(E) CONC. SIDEWALK CONC. (E)

(E) CURB AND GUTTER TYP. GUTTER AND CURB (E)

26'-4"

56'-4" O'KEEFE ST. O'KEEFE

15'-1" 12'-6" 3/32"=1'-0" AREA PLAN A 160 1160 1000 160 1000 DIMENSION AREA IN SF DIMENSION AREA IN SF 41'-8" X 24'-0" 28'-8" X 5'-7" 49'-0" X 23'-0" 1127 41'-8" X 24'-0" 28'-8" X 5'-7" FLOOR AREA LIMIT CALCULATION BUILDING COVERAGE CALCULATION A TOTAL FAL A C C D AREA AREA TOTAL BUILDING COVERAGE 2287.00 D 49'-0" A 41'-8" 1/16"=1'-0" STREETSCAPE C 28'-8" B

GROSS FLOOR AREA AND BUILDING COVERAGE DIAGRAMS EXISTING SHED STORAGE EXISTING BUILDING EXISTING CANOPY

5'-7" 23'-0" 24'-0" C2 IYER & ASSOCIATES Architecture Interiors Planning

IYER BUILDING 855 SANSOME STREET, SUITE 200 SAN FRANCISCO, CA 94111 PHONE 415 362-4937 FAX 415 362-8158 WEB: www.iyerarch.com EMAIL: [email protected]

FOOD MART SIGN (TYP.) (N) BLUE DOT MATRIX LETTERS MARKED IN WHITE & 41'-8" TRIM PAINTED CREST APPLIED OVER ACM BACKGROUND COLOR TO BLUE (TYP.) PANELING D A 11'-8" MATCH (N) BLUE TRIM

3 (E) EXHAUST 2018 c IYER & ASSOCIATES FOOD MART FAN 1'-8"

2'-6" AR (E)E) AADADA CCOMPLIANTOMPL ANT SED CH N IT TRIM PAINTED CREST (E) STUCCO PAINTED GREY (TYP.) E E C C (N) ALUMINUM (N) ALUMINUM RESTROOMR STROOM I BLUE (TYP.) T (E) ALUMINUM L WINDOW (TYP.) (N) STUCCO PAINT TO MATCH (E) WINDOW (TYP.) (E) GYP. BOARD WINDOW (TYP.) TO MATCH (E) TO MATCH (E) CEILING @ 8'-6" ABOVE ARVIND S. IYER F.F. TYP. C15353 REN. 02/28/2019 13'-5" S T IA

(N) DOUBLE DOOR 3'-4" A N T R E O OF CALI F - 7'-0"7 4'-8" 4'-8"8 ALIGNALLIGNL TO ((E)E) 3'-0"- 4'-9" 4'-9"9 4'-9" (N) SIGN DETAIL: (N) T-BAR CEILING @ 9'-0" ABOVE F.F. TYP. (N)) STONEE CLADDINGD (N) STONEN CLADDINGD 3'-6" 11'-8" (E) T-BAR CEILING @

24'-0" 12'-0" ABOVE F.F. TYP.

D 6'-0" A FRONT ELEVATION (E) GFI. TRIM PAINTED CREST FOOD MART

PAINTED GREY TO BLUE (TYP.) 1'-8" MATCH WALLS FOOD MART SIGN (TYP.) PROVIDED BY PROMOTION ABOVE F.F. TYP. T-BAR CEILING @ 8'-6" PLUS SIGN CO. INC. (E) CASHER ROOM (E) 4 x 4 POST LETTERS MARKED IN WHITE & BACKGROUND COLOR TO MATCH (N) BLUE TRIM (E) GFI. (E) T-BAR CEILING @ TRIM PAINTED CREST ALUMINUM CABINET FRAMING WITH FLAT ACRYLIC FACE WITH 8'-6" ABOVE F.F. TYP. BLUE (TYP.) VINYL DETAIL. (QTY:2)

(E) ALUMINUM (E) ALUMINUM 13'-5"

WINDOW (TYP.) WINDOW (TYP.) 3'-4" (E) STUCCO PAINTED GREY (TYP.)

10'-0" 10'-0" LEGEND

3'-6" EXISTING CONSTRUCTION TO REMAIN NEW REFLECTED CEILING PLAN EXISTING CONSTRUCTION TO BE REMOVED REAR ELEVATION 1/4"=1'-0" N TRIM PAINTED CREST (N) BLUE DOT MATRIX BLUE (TYP.) APPLIED OVER ACM PANELING

(E)4" MTL. CHANNEL ROOF JOIST (E)4" MTL. CHANNEL ROOF JOIST (E)MTL. ROOF DECK (E)MTL. ROOF DECK 41'-8"

(E) HAND (E) ALUMINUM C WASH SINK WINDOW (TYP.) A-5 TRIM PAINTED CREST (E) STUCCO PAINTED GREY (TYP.) (E) AC

BLUE (TYP.) 1 1 (E) ALUMINUM 1 2" DEEP LEG TRACK, 1 2" DEEP LEG TRACK, SAME SIZE SAME SIZE AND AND GAUGE OF STUD (E) DOOR WINDOW (TYP.) GAUGE OF STUD MERCHANDISE DISPLAY

(N) BLUE DOT 710 WILLOW ROAD, K15 MATRIX (E) STUCCO PAINTED

GREY (TYP.) (E) DOOR 8'-0" OFF-WHITE (TYP.) (E) WALL WITH

MENLO PARK, CA 94025 13'-5" (E) ICE 2'-0" (E) STUCCO PAINTED 3'-9" 3'-4" (E) ADA COMPLIANT MACHINE 11'-0" 3'-0" INSULATION INSULATION RESTROOM GREY (TYP.) -

(E) STUCCO PAINTED (E) WALL WITH 7'-0" 3'-7"37 OFF-WHITE (TYP.) (E) STUCCO PAINTED DISPLAY ()(N) STONEO CLADDINGA G 2'-0"

3'-6" 5'-0" 1'-8" (N) WALL WITH GREY TO MATCH (E) (N) STUCCO PAINTED 3'-0" LEFT ELEVATION FOOD MART SIGN (TYP.) (E) SUB PANEL (E) ALUMINUM LETTERS MARKED IN WHITE & TRIM PAINTED CREST (N) BLUE DOT MATRIX

3'-4" 3'-4" DISPLAY 2'-0" WINDOW (TYP.) BLUE (TYP.) APPLIED OVER ACM BACKGROUND COLOR TO 11'-8" DISPLAY COVERED WITH (N)

PANELING (N) ALUMINUM (N) ALUMINUM 24'-0" MATCH (N) BLUE TRIM WINDOW (TYP.) WINDOW (TYP.) 3'-0" 11'-0" BLUE DOT MATRIX

A&S UNION 76 MINI-MART REMODEL REF. 17'-6" 3'-0"

BEVERAGE COOLER (E) MOP SINK FOOD MART INSULATION INSULATION 1'-8"

R13 R13 3'-0" 3'-0"

DISPLAY (E) ELE. PANEL STONE CLADDING STONE CLADDING DISPLAY TO REMAIN 2'-0" SILICON SEALANT TYP. SILICON SEALANT TYP. 8'-6" NEW FLOOR PLANS, (E) STUCCO PAINTED GREY (TYP.) 6"Hx6"W QUARRY TILE INTEGRAL STUCCO 6"Hx6"W QUARRY TILE INTEGRAL STUCCO TRIM PAINTED CREST 3 3 COVE BASE W/ " MIN. RADIUS 0.157"Ø HILTI X-U POWDER COVE BASE W/ " MIN. RADIUS 0.157"Ø HILTI X-U POWDER (E) 4 x 4 POST

8 8 (E) CASHER ROOM BLUE (TYP.) ACTUATED PIN @ 16" O.C. ACTUATED PIN @ 16" O.C. TO REMAIN MINI MART RCP, ELEVATIONS, QUARRY TILE SET IN CEMENT W/ 1 QUARRY TILE SET IN CEMENT W/ 1 4" MINIMUM EMBEDMENT 4" MINIMUM EMBEDMENT B STONE CLADDING STONE CLADDING 4'-0" MORTAR BED, TYP. 3'-6" (N) WALL WITH MORTAR BED, TYP. 3'-6" (N) WALL WITH A-3.0 R= 3" 1 R= 3" 1 8'-0" SANDED GROUT W/ 8 1 2" DEEP LEG TRACK, SAME SIZE SANDED GROUT W/ 8 1 2" DEEP LEG TRACK, SAME SIZE CONDITIONING TO REMAIN (E) ALUMINUM (E) ALUMINUM (E) HEATING AND AIR 6'-0" EPOXY ADDITIVE, TYP. AND GAUGE OF STUD, W/ #8 TEKS EPOXY ADDITIVE, TYP. AND GAUGE OF STUD, W/ #8 TEKS (E) 3 COMPARTMENT WALL SECTIONS WINDOW (TYP.) WINDOW (TYP.) 13'-5" SCREW TO EACH SIDE OF STUD SCREW TO EACH SIDE OF STUD SINK

COVERED WITH (N) COVERED WITH (N) 3'-4" Date: Issued for: BLUE DOT MATRIX BLUE DOT MATRIX DISPLAY D A COFFEE 09-21-2018 (E) CONC. SLAB (E) CONC. SLAB 2'-0" PLANNING APPROVAL (E) ALUMINUM 8'-0" 8'-0" 11-06-2018 PLANNING REVIEW SECTION A-A SECTION D-D WINDOW (TYP.) (E) ALUMINUM (N) 3'-0"X3'-4" (N) 4'-9"X3'-4" (N) STONE CLADDING 3'-6" NEW EXTERIOR WALL DETAIL NEW EXTERIOR WALL DETAIL WINDOW (TYP.) ALUMINUM FRAME ALUMINUM FRAME TO MATCH EXISTING TO MATCH EXISTING STOREFRONT WINDOW STOREFRONT WINDOW (E) ICE TO REPLACE (E) DOOR (N) 6'-0" WIDE DOOR TYP. TO MATCH (E) MERCHANDISER RIGHT ELEVATION

NEW ELEVATIONS NEW WALL SECTIONS NEW FLOOR PLAN 1/4"=1'-0" 1/4"=1'-0" NTS N Drawn by SV/MM/SSV NOTE: ALL MATERIAL SAMPLES WILL BE SUBMITTED WITH THIS SUBMITTAL. Checked by ASI

Project no. Sheet no. 12180823 A-4

C4 C6 ATTACHMENT D

A & S Enterprise 43570 Vista Del Mar, Fremont, ca 94539 tel. no: (510) 395 3438 fax no: (510) 656 1827 email: [email protected]

LOCATION: 710 WILLOW ROAD, MENLO PARK CA 94025

APPLICANT: A&S ENTERPRISE

EXISTING USE: Service Station & FOOD MART OWNER: Partnership

PROPOSED USE: Service Station & FOOD MART with beer and wine (type20 ABC License)

APPLICATION: Use Permit

ZONING: C-4 (General Commercial Retail)

WRITTEN DESCRIPTION FOR The Project: 710 Willow Road Menlo Park, CA 94025

Subal Saha & Aparna Saha on behalf of A & S Enterprise, submitting the Use Permit Application for the above referenced gas station. The project scope of work includes to add beer and wine sale in the existing convenience store and to extend the hours of operation to 24 hours, seven days a week like it was before for customers convenience at their request. Also, while the gas pumps and convenience store would be open 24 hours a day, 7 days a week, alcohol would not be sold between the hours of 2:00 a.m. and 6:00 a.m., consistent with State law.

ITEMS TO BE SOLD AT THIS FACILITY: The gas station will sell gasoline, the Food Mart will sell all the items as existing such as- pre packaged food items, sundry items, some automobile accessories (i.e.- air fresheners, cell phone accessories, antifreeze, motor oil, etc.) self-service beverages, fresh and/or pre-packaged pastries & can and/or bottles of soda, water & sports/energy drinks, along with that we are requesting the permit to sell beer and wine only, no hard liquor will be sold here.

EMPLOYEE: The gas station employees are (1) employee per shift. There will be (3) shifts per day (7) days per week. HOURS OF OPERATION: proposed hours of operation for both the Gas Station and Food Mart will be: 24 hrs every day, 7 days a week, 365 days per year. FUEL DELIVERY: The fuel delivery truck will make deliveries 3-4 times / week.

Page1 Of 2

PROJECT DESCRIPTION:

The project scope of work includes ONLY add beer and wine sale in the existing convenience store and to extend the hours of operation to 24 hours, seven days a week like it was before for customers convenience at customers request.

There will be no change or addition in the exterior or interior of the existing building including the roof or facade or adding any additional equipment’s such as coolers or freezers. Fuel canopy and fuel system are to remain as is. Also, the rest of the existing building remain as is. There will be no change in the existing parking stalls. There are altogether 11 parking spaces which includes 3 striped parking, 8 at the fueling pumps and one van accessible handicap parking stall.

Rest room and Trash enclosures remains as is.

DEMOLITION NARRATIVE: N/A If you have any questions please don't hesitate to contact Aparna Saha at (510) 395-3438. NOTE: All the Engineering drawings sheets T1, A1 to A5 - wherever it says NEW or Proposed, please consider as Existing. Sincerely, APARNA SAHA A & SENTERPRIS 710 WILLOW ROAD MENLO PARK, CA 94025

D2 ATTACHMENT E

From: Dev Datta To: Smith, Tom A Cc: Rebecca O. Brien Subject: Objection to application by Aparna Saha, 710 Willow Road Date: Thursday, October 24, 2019 9:48:11 AM

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Hello Tom,

My wife and I would like to object to the application by Aparna Saha, 710 Willow Road to extend business operations from midnight to 6 am, and allow the sale of alcohol, on the grounds that:

1. We live at 504 O'Keefe street, 400 feet away from the 76 gas station at 710 Willow. Our driveway and front garden is daily littered with wrappers, cigarette butts etc. from purchases at this business. Offering extended hours and alcohol will accentuate this problem for us, and all our neighbors, and will be detrimental to the cleanliness of the Willows neighborhood.

2. Our neighborhood consists of many young families, with young children. We have a 10 and a 13 year old, and we don't want to risk the presence of drunken and disorderly behavior that could be a danger to, or a bad influence for children in our neighborhood.

3. The extended hours will create more noise, traffic, and attract crime to the Willows neighborhood which is a quiet, residential area. This 76 gas station has already been the location of a number of crimes over the years, including armed robbery.

4. We support the well-being of our veterans. The VA is right across the road from the business and providing access to alcohol at all hours will make it more difficult for the VA to contain alcohol abuse by troubled veterans who need more help, not more access to alcohol.

5. Groceries and alcohol are already readily available during normal business hours (up to 10pm) at El Rancho Market (459 feet away from the applicant's business), at Mardinis Deli Cafe (0.3 miles away), and at Willows Market (0.8 miles away). There is absolutely no need for yet another vendor, especially not at extended business hours being proposed, which is essentially all through the night.

We would like to highlight that we fully understand businesses wanting to extend their ability to generate more revenues and maximize their potential. The difficulty in this case, is the proximity of this business to the Willows neighborhood. The fact that the business is a gas station already makes it undesirable at the very entrance to the neighborhood. If this was a gas station located downtown, away from residential neighborhoods, we would have no objections. However, in the interest of preserving

E1 the wonderful family neighborhood that is the Willows, we request that Planning Division reject the permit for extended hours and the sale of alcohol. We have lived in the Willows for over 10 years now and during that time we have seen it transition into an increasingly wonderful family neighborhood, with more young families moving in, attracted by the the great schools we have, making it one of the most desirable neighborhoods in the Bay Area. These long term transitions are far more important to Menlo Park's long term economic viability and strength of community, than the short term profits of a single gas station business.

We hope our feedback is taken into consideration seriously and we are happy to discuss further if necessary. We are also filing a Form ABC-510 with the Department of Alcohol Beverage Control.

Regards,

Dev Datta and Rebecca O'Brien 504 O'Keefe Street Menlo Park CA 94025

(510) 504 0244 (cell)

E2 From: Maricela G Valencia To: Smith, Tom A Subject: 710 Willow Road Date: Thursday, October 31, 2019 10:40:46 AM

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Hi Tom,

I received a notice for a business on Willow Road to sell alcohol.

My family and I have lived in the Willows for 30+ years. We don’t want another establishment selling alcohol (especially late at night). It will draw the wrong people. The VA hospital across the street has a lot of vets that don’t need access to alcohol. I think it is a bad idea. We already have homeless people camping in our neighborhood.

A couple of years ago we had a very terrifying experience with one of the vets from the VA. He jumped into our living room (late at night) through our front window, knocked over my husband and me, ran through our home bleeding all over and ran out our bedroom window! I don’t want a repeat of something similar. Making the alcohol available 24/7 is definitely a bad idea. We take pride in our home. My husband always gets compliments on our frond yard. This business is just a block away from our home.

Please don’t approve another liquor license.

Thank you,

Maricela G. Valencia Office Manager Montclair Group Limited T: 650-814-1210 E: [email protected]

E3 From: Michelle Garff To: Smith, Tom A Cc: Combs, Drew Subject: Use Permit at 710 for sale of beer and wine and extended business hours Date: Friday, November 1, 2019 2:12:46 PM

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Mr. Smith and Mr. Combs.

I am emailing you in regards to the Use Permit request at 710 Willow Road for extended business operations and to allow the sale of beer and wine.

I live around the corner from the convenience store and while I am grateful for the recently improved exterior appearance, we have experienced unwanted behavior from the increase in customers to the expanded mini mart. Customers loiter at the back corner of the convenience store lot and then stroll through the neighborhood while they consume their purchases.

We have had an increase in littering, twice in the past few months we have cleaned up human feces from the sidewalk and we have found hypodermic needles on the sidewalk in front of our house. In August, someone dumped an old couch on the sidewalk across the street and a homeless man spent nearly all day and night on that couch until we could have it removed in a bulk Recology pick-up.

Of course this unwanted behavior in the neighborhood cannot be directly attributed to the convenience store in all circumstances; however, the access to consumer goods and increased business has definitely escalated the amount of non-Willows residents loitering within and passing through the neighborhood.

Furthermore, the convenience store is a poor location for alcohol sales - it is centrally located at the entrance to the family-friendly Willows neighborhood and just blocks from Willow Oaks Park, Willow Oaks School and Alto International School. And, most unsettling, the convenience store is across the street from the VA residential treatment program for homeless and/or substance-dependent Veterans.

Alcohol sold at this location for off-premises consumption will surely equate to consumption on our neighborhood streets, at our city park, around school properties and in the company of at-risk veterans.

I strongly urge to you advise against this Use Permit request. The consequences of this proposed business plan will negatively impact the quality of our neighborhood and will be a nuisance to our community.

Thank you for your consideration, Michelle Garff

E4 From: Tricia Barr To: Smith, Tom A Subject: 710 Willow Rd - Sale of alcohol Date: Saturday, November 2, 2019 10:03:55 PM

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Disregard my last note. I cleaned it up and added to it below:

Please do not issue 710 Willow Rd a permit to sell alcohol. We already have a retailer with an alcohol permit within 300 ft at 812 Willow Rd. We do not need retailers so close to each other.

There is also another establishment with an alcohol permit at 408 Willow Rd.

710 Willow Rd has already been found to sell tobacco to minors: https://www.accessdata.fda.gov/scripts/oce/inspections/oce_insp_searching.cfm

Unfortunately, due to budgeting, according to the San Mateo County Tobacco Prevention Program, there has not been more recent State/County enforcement / decoy operations of this. If we know selling to minors has been a problem in the past, we should not provide a permit to sell alcohol.

A retailer at this location would be with 400 ft of public and private schools, Willow Oaks School and Alto International. We should not have a tobacco or alcohol retailer that close to schools.

This is also right across the street from the VA where one of the services offered there is to help with substance abuse: https://www.va.gov/directory/guide/facility.asp? ID=5195

Net-net: there is no public benefit to issuing an alcohol permit to this retailers. Please do not approve.

E5 From: Susan Bryan To: Smith, Tom A Subject: no alcohol sale 76 station Willow Road Date: Monday, November 4, 2019 9:23:18 AM

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Mr. Smith: Please do not allow the 76 gas station at 710 Willow Road to sell alcohol. There is already a market a block away that sells wine and beer. Selling alcohol at a gas station encourages drunk driving. In addition, the VA hospital across the street has an alcohol addiction treatment program. And the streets behind the 76 station are full of families with young children. Thank you for listening.

And please , regarding those big trees that had to be removed at the corner of El Camino and Ravenswood, thank the person who had came up with the imaginative idea to have the logs carved and set on the library grounds. That’s real leadership. - Susan Bryan 222 Blackburn Avenue

E6 Tom Smith, Senior Planner City of Menlo Park

Planning Commission, City of Menlo Park

November 5, 2019

Regarding the request for a use permit at 710 Willow Road by Aparna Saha:

I would urge that the portion of the use permit for a liquor license be denied. Extending hours of gasoline sales is a benefit for the neighborhood. However, the request for alcohol sales in the neighborhood, late at night, is detrimental to our community.

There are already several retail outlets in the Willows for alcohol. The addition of this location and these times is not conducive to a neighborhood of largely single family homes, with no late night entertainment venues. In fact, on the next block is one such location.

The location of the store is not conducive to late night alcohol sales. Within 500 feet of the store’s location are 30 single family homes, in addition to a small collection of apartments. There are no natural barriers to separate the property from the neighborhood. Any problem at the store or from its customers will immediately spill into a family neighborhood. The other gas station located in the Willows is actually a better location for alcohol sales. It has no houses within 500 feet, in fact its immediate neighbors are a medical clinic and a park. The closest residences are across a busy street and not likely to attract problems.

The extended hours and availability of alcohol will just contribute to more crime in the neighborhood. The area around the store has in the past attracted criminal activity, including drug transactions, public intoxication, and trespassing. Adding late hours and alcohol could also attract homeless to the area. Also, since the primary activity of the location is gasoline sales, selling alcohol could lead to an increase in DUIs.

When I first moved into the neighborhood, nearly 20 years ago, the property was a haven for drug sales throughout the night, attracting criminals to a largely family based neighborhood. While this problem has largely been dealt with, will the sale of alcohol bring back these problems?

E7 In the past couple of years, in the area near the store, we have seen homeless camp out. Will adding alcohol availability help with these types of problems?

What will be the impact of late night auto and foot traffic related to the purchase alcohol at this location on this family neighborhood’s tranquility, after midnight?

The best option for this location was to provide automotive related services, but they have chosen to go another way, which is fine. But selling alcohol brings nothing positive to the neighborhood.

As a long-term resident of the Willows, who lives a couple doors down from the location, I urge the planning commission to deny the use permit for alcohol sales.

Michael Palma 508 O’Keefe Street Menlo Park, CA 650-326-2288

E8 From: Daniel Prodan To: Smith, Tom A Subject: Fwd: Material concerns re proposed development at the 76 gas station in Willow Date: Saturday, November 16, 2019 10:37:24 PM

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resending again without photo

------Forwarded message ------From: Daniel Prodan Date: Sat, Nov 16, 2019 at 9:40 PM Subject: Re: Material concerns re proposed development at the 76 gas station in Willow To: Smith, Tom A

Hi Tom, resending this email as I keep getting 'message too large' replies.

Thanks.

------Forwarded message ------From: Daniel Prodan Date: Fri, Nov 15, 2019 at 10:48 PM Subject: Re: Material concerns re proposed development at the 76 gas station in Willow To: Smith, Tom A Cc: Marianna Prodan

Hi Tom, I understand the gas station owners are looking to sell alcohol and have extended hours.

We strongly oppose this proposal - unfortunately our concerns re initial development have largely materialized, and we've raised them with station manager to no avail. The extended hours and alcohol license will only make things materially worse for us.

The challenge arise as gas station customers use the air station area, Okeefe street and side walks, and the space in front of house (our house is in immediate vicinity to gas station) as resting area. This creates all sorts of issues: smoking, specifically very close to our house - in addition to the danger of smoking at a gas station, my teenager's room and windows are a few feet away from gas station. We often have to close all windows so that smoke does not come in. I've raised this with the gas station manager two months ago, he promised to put a sign to remind his customers (not happened, not sure if it will help) and we see no change. This happens on almost daily basis. drinking and eating on our stairs - we have to clean up fast food boxes in front of our house quite often, including empty bottles noise from customers - this happens almost daily, gas station customers stopping at the air

E9 station and listening to loud music well past 10 pm, arguing, yelling etc homeless people camping close to gas station or across the street bright led lights - gas station white led lights illuminate my bedroom throughout the night, not too happy about that safety - I am concerned about the safety of my family given all the cars stopping next to our house, and all related activity

See a picture with garbage from a few days ago

Thank you for considering our concerns

Daniel and Marianna Prodan 6467120477 570 Okeefe street

E10 Smith, Tom A

From: Thomas Burg Sent: Friday, February 28, 2020 12:13 PM To: Smith, Tom A Cc: Thomas Burg Subject: Use Permit -- 710 Willow Road

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Dear Mr. Smith:

I write to express my objections regarding the use permit application for 710 Willow Road. My concerns follow:

 The Proposed Use Creates Additional Public Safety Risks. The link between single serving/minimart alcohol sales and crime and public nuisance behavior is well documented. (The Impact of Single-Container Malt Liquor Sales Restrictions on Urban Crime) In fact, many municipalities are restricting retail operations of this nature. (New Hesperia booze ordinance bans single-serve alcohol for new retailers) This location was also the subject of armed robberies in 2010 (Armed men rob Menlo Park gas station), 2004 and 2008. The additional operating hours (I believe the station is currently open from 6 or 7am-midnight) could potentially increase the risk of another event. In addition, both the 76 location and the nearby strip malls on Willow are the site of regular transient/homeless activity which often spills over into the residential neighborhood. The other locations have early closing hours and the 24/7 nature of the proposed operation could increase this activity.

 The Proposed Use Is Inconsistent With Nearby Uses. The VA hospital across the street is providing in-patient support services to veterans facing PTSD and other military trauma survivors. Adding a nearby early morning/late night alcohol sales outlet does not seem like it would help the VA meet its objectives with respect to its at-risk patients.

 The Proposed Use Does Not Fill a Neighborhood Need. There are at least four existing nearby locations selling beer and wine (Nardini's Market, Willow Market, La Hacienda and El Rancho). El Rancho is ~500' from the 76 location. The expanded alcohol sales operations appear targeted at commuter/out of area traffic as opposed to local or neighborhood residents.

 The Site Does Not Comply With Parking Requirements and Increased Retail Activity Could Create Parking Issues that Burden the Neighborhood. As city staff notes in the above-linked 2019 recommendation regarding the expansion, parking is substandard on the property unless the spaces in front of the gas pumps are counted as parking spaces which has been done before with other gas stations in the city. I believe that since the applicant is shifting the business model to favor a retail operation with increased hours and sales, the existing site should comply with parking requirements. As neighbors noted in their correspondence in connection with the 2019 application, overflow parking often spills onto congested streets blocking nearby driveways. Since the applicant is now dramatically expanding operating hours and its 1 E11 operations to include alcohol sales to increase business, the site should be treated like any other retail outlet for purposes of parking requirements and should no longer be treated as a gas station.

 The Applicant Was Not Transparent About Expansion Plans In Connection With Its Prior Permit Applications. The owners of the station successfully obtained a permit to expand the size of the mini mart in 2019. At the time, the owners did not inform the City that alcohol sales were planned. (https://www.menlopark.org/DocumentCenter/View/20394/F2---710-Willow- Road?bidId=) (p.2) Almost immediately after the application to expand was approved, the owners applied for an off-sale alcohol permit and are now seeking to expand their retail operation to provide for additional operating hours and alcohol sales. I understand there may have been no requirement for the applicant to disclose its future plans but the optics are not great.

Thank you for your consideration and time with respect to this application. I know it is a busy time at the Planning Department. Please do not hesitate to contact me with any questions.

Regards,

Thomas Burg

2 E12 Smith, Tom A

From: Brian Gilmer Sent: Tuesday, March 3, 2020 2:00 PM To: _Planning Commission Cc: Smith, Tom A Subject: 76 Gas Station 710 Willow Road

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Dear Members of the Planning Commission,

I am writing to you in regards to the 76 Gas Station on Willow Road at O’Keefe Street. The owners of the station have recently expanded what used to be a mechanics garage space in to a small convenience store. They are now requesting that the store be allowed to stay open from 12 midnight until 6:00 AM and to be allowed to sell beer and wine. I strongly urge you to vote no on both of these requests.

There are other stores nearby, not open as late, that already sell beer and wine, however they are not as close to residential properties as the 76 gas station. There have also been problems of noise from patrons of the gas station where they were shouting, slamming doors and in one case urinating on the fence of the closest residential neighbor. Having this type of behavior going all night would have a very negative impact on those of use that live nearby.

Selling alcohol at a convenience store that is right in the middle of a residential neighborhood is not wise and something that all the nearby neighbors oppose. There are already several places to purchase alcohol in the area; none are as close to residential property as the 76 gas station. I would also point out that the gas station is located across the street from the Veterans Administration Mental Health facility that has an addiction treatment program. I believe having alcohol sales late into the night is not supportive of this program.

For the sake of the residents that live near the 76 gas station I ask you to please deny both the extended hours and the request to sell beer and wine. If approved I strongly believe either of these will have a negative impact on the peace of the neighborhood.

Thank you

Brian Gilmer

O’Keefe Street.

1 E13

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area ø 08/10/201 B lb 37Pt1 l9 Ei 27 El1TERPPI:E PAGE 01/01

HeIlt) Nchbors.

We are expanding our convenient Store, by adding the closed Smog Shop area in the convenient Store, so that we can serve our customer in a better way by keeping more verities ofiterns. We will appreciate ii you give your opinion and suggestions about our project.

Thanks (Owners nf 76 Gas Station) 710 Willow Road Menlo Park, CA94O7

Please let us know if you have any objection.. YES E NOV

NAME:

Signature;

Addtess:

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(Owners 710

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Signature NAME:

MenloPark,CA94025 Address

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710 (Owners

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710 (Owners

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Address MenloPark,CA940%5

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