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A. Purpose. The purpose of this section is to implement the provisions of Business and Professions Code Section 23790.5, and to protect the public health, safety and welfare by ensuring that the concurrent sales of motor vehicle fuel and alcoholic beverages do not occur in circumstances which create adverse effects on the area of the proposed sales or the area surrounding the location of the proposed sales, or on persons within such areas.

B. Use Permit. Any establishment intending to engage in the concurrent retailing of motor vehicle fuel and alcoholic beverages (including wine and/or beer) for off-premises consumption shall first obtain a use permit from the Planning Commission as set forth in Larkspur Municipal Code Chapter 18.76, Use Permits.

C. Notice and Hearing. Applications for use permits submitted pursuant to this section shall be considered by the Planning Commission in accordance with the procedures for notice of hearings and conduct of hearings set forth in Larkspur Municipal Code Chapter 18.76, with the opportunity for all parties to present testimony.

D. Findings. In addition to the findings listed in Larkspur Municipal Code Chapter 18.76, the Planning Commission must also find:

1. The establishment or operation of the proposed use, under the circumstances of the particular case, is essential or desirable to the public convenience or welfare;

2. The proposed use is consistent with the purposes and intent of this section.

E. Considerations in Making the Findings. In furtherance of the purposes of this section, the Planning Commission shall consider the following criteria when developing the findings required by this section:

1. The number of locations of retail on-sale and off-sale licenses in the neighborhood, and the proximity to other establishments selling alcoholic beverages including beer and/or wine;

2. The proximity to and possible detrimental effects on nearby schools, playgrounds, public parks, and other similar uses;

3. Traffic impacts, pedestrian circulation, lighting, noise, littering and trash disposal;

4. Public loitering, nuisance, conduct of illegal activities on and outside the premises, or other crime or law enforcement problems;

5. Hours of operation;

6. Availability of parking.

F. Decision of the Planning Commission. The Planning Commission may approve, conditionally approve, or deny an application based on the findings above. The findings must be in writing and must be based on substantial evidence in view of the whole record to justify the ultimate decision.

G. Appeal. Any decision of the Planning Commission may be appealed directly to the City Council in the manner specified in Larkspur Municipal Code Chapter 2.50.

H. Compliance with Law. Any establishment engaging in the concurrent sale of motor vehicle fuel and alcoholic beverages must comply with all requirements of law, including, but not limited to, the requirements of Business and Professions Code Section 23790.5(d), as may be amended from time to time, and any other conditions imposed by the Planning Commission in furtherance of the purposes of this section. (Ord. 1030 § 2(12), 2018; Ord. 910 § 1, 2001)