STAFF REPORT
Agenda Item #_____
Project Title:
Appeal on the Revocation of Legal-Nonconforming Status of Tobacco Retailing use for Smoke Depot in El Sobrante
County File Number:
CDSE22-00009
Appellants:
Applicant:
Ahmed Dubaih
Ahmed Dubaih
Owner:
Matthew Pourabedin
Zoning/General Plan:
Planned Unit District (P-1) / Mixed-Use Low Density (MUL)
Site Address/Location:
3770 San Pablo Dam Road, El Sobrante, CA 94803
APN: 420-140-035
California Environmental Quality Act (CEQA) Status:
Categorical Exemption, CEQA Guidelines Section 15321, Categorical Exemptions, Class 21: Enforcement Actions by Regulatory Agencies
Project Planner:
Everett Louie, Planner III - Phone: (925) 655-2873
Email: everett.louie@dcd.cccounty.us
Staff Recommendation:
Deny the Appeal (See section II for full recommendation)
I. PROJECT SUMMARY
This is a hearing on an appeal of the Zoning Administrator's decision to revoke the legal non-conforming status for a tobacco retailing use located at 3770 San Pablo Dam Road in El Sobrante ("Subject Property"), known as Smoke Depot. In accordance with Section 26-2.2022 of the County Ordinance Code, the causes for revocation are as follows:
(a) A failure to comply with the terms, limitations and condition of the permit;
(b) The property is being used or maintained in violation of the zoning code;
(c) The use for which the permit was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance; and
(d) A license required for the conduct of the business on the premises covered by the permit has been suspended or revoked.
Revocation of the legal non-conforming status for tobacco retailing from the Subject Property would require any future tobacco retailing from the Subject Property to comply with the current provisions of the County Tobacco Retailing Businesses Ordinance (Chapter 88-26). Because the subject property is located within 500 feet from three other tobacco retailers (A...
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