CITY COUNCIL AGENDA REPORT

Transcription

1 CITY OF CITY COUNCIL AGENDA REPORT TYPE OF ITEM: Info/Consent AGENDA ITEM NO.: "I - f DATE: TO: City Council THROUGH: Greg Nyhoff, City Manager Office of the City Manager FROM: SUBJECT: Ashley Golden, Development Services Director Development Services Department Resolution reversing Planning Commission's Approval of Planning and Zoning Permit No (Special Use Permit-Alcohol Sales) to allow an existing 76,639 square foot Wal-Mart, located at 2701 Savie:rs Road to sell beer, wine, and liquor for off-site consumption (ABC Type 21) within the store. CONT ACT: Juan Martinez, Associate Planner juan.martinez@ci.oxnard.ca.us, RECOMMENDATION Adopt a resolution reversing the Planning Commission's approval of Planning and Zoning Permit No (Special Use Permit -Alcohol) to allow an existing 76,639 square foot Wal-Mart, located at 2701 Saviers Road to sell beer, wine, and liquor for off-site consumption (ABC Type 21) within the store. BACKGROUND The City Council conducted a public hearing on December 1, 2015, to consider Planning and Zoning Permit No (Special Use Permit -Alcohol Sales). After consideration of all oral and written evidence upon close of the public hearing, the City Council voted to deny Planning and Zoning Permit No (Special Use Permit-Alcohol Sales). The attached Resolution codifies the Council's decision. FINANCIAL IMPACT There is no financial impact. ATTACHMENTS Attachment No. 1 - City of Oxnard Resolution Reversing Approval of PZ (SUP)

2 CITY COUNCIL OF THE CITY OF OXNARD RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD REVERSING THE PLANNING COMMISSION'S APPROVAL OF PLANNING ANDZONINGPERMITN (SPECIALUSEPERMIT-ALCOHOL)TO ALLOW AN EXISTING 76,639 SQUARE FOOT WAL-MART, LOCATED AT 2701 SA VIERS ROAD TO SELL BEER, WINE, AND LIQUOR FOR OFF-SITE CONSUMPTION (ABC TYPE 21) WITHIN THE STORE. FILED BY BRENT MCMANIGAL ON BEHALF OF WAL-MART STORES, INC AND THE PROPERTY OWNER, 550 EAST HOSPITALITY LANE, SUITE 300, SAN BERNARDINO, CALIFORNIA WHEREAS, on January 15, 2014, Brent McManigal on behalf of Wal-Mart Stores, Inc. and the property owner (the "Applicant" and/or "Permittee") submitted a request to allow an existing Wal-Mart located at 2701 Saviers Road to sell beer, wine, and liquor for off-site consumption (ABC Type 21) and allow authorized alcoholic beverage manufacturers, winegrowers and wholesalers ("Tasting Coordinator") to conduct "Instructional Tasting Event(s)" within the store (ABC Type 86) - APN ; and WHEREAS, on October 1, 2015, the Planning Commission of the City of Oxnard ("Planning Commission") conducted a duly noticed public hearing to consider Applicant's request to approve Planning and Zoning Permit No (Special Use Permit) to allow an existing Wal-Mart located at 2701 Saviers Road to sell beer, wine, and liquor for off-site consumption (ABC Type 21) and allow a Tasting Coordinator to conduct "Instructional Tasting Event(s)" within the store (ABC Type 86) (the "Project") in accordance with Sections through of the Oxnard City Code; and WHEREAS, after review of the entire record before the Planning Commission and all written and oral evidence presented on October 1, 2015, the Planning Commission voted to revise the Project and Planning and Zoning Permit No (Special Use Permit) to only allow the sale of beer, wine, and liquor for off-site consumption (ABC-Type 21); and WHEREAS, the City Council of the City of Oxnard ("City Council") has considered a Notice of Requesting Review of the Planning Commission's decision to approve the Project, filed on October 19, 2015, by Councilmember, Bert E. Perello and has carefully reviewed the decision of the Planning Commission; and WHEREAS, all persons wishing to testify in connection with the proposed Project were heard and the City Council conducted a comprehensive review of the Project; and WHEREAS, it is appropriate for the City Council to consider the interest of City residents and interested parties in reaching a decision whether to grant or deny the Project and the opinions of these individuals may constitute substantial evidence to support a particular finding the City Council is required to make; and ATTACHMENT I PAGE OF_~-

3 PZl (SUP) Page2 WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD: SECTION 1. Based on the entire record before the City Council and all written and oral evidence presented, including the Planning Commission Staff Report and all attachments thereto, the City Council finds: The proposed use will result in or add to an undue concentration of establishments selling alcoholic beverages at retail within 1,000 feet of the location fo:r which the special use permit is applied. City Council 11,896 provides that there is a presumption that an undue concentration will result or be added to if the establishment for which the special use permit is applied will be located less than 350 feet from another establishment of the same type. The proposed Project seeks a California Alcoholic Beverage Control (ABC) Type-21 license, which is an off-sale license that allows for the sale of beer, wine and distilled spirits for consumption off the premises. The Police Department Report dated September 22, 2015 states that there is at least one other Type-21 license within 350 feet of the proposed Project. Within 1,000 feet of the proposed Project there are three Type-21 licenses and two Type-48 licenses. In light of this and pursuant to the terms of 11,896, there is a presumption of undue concentration. City Council 11,896 also provides that a presumption may be rebutted by a preponderance of the evidence, based on the facts of the particular case. Here, there is insufficient evidence to rebut the presumption of undue concentration. On the contrary, the Police Department Report states that the average number of Part I and II crimes within the Applicant's reporting district and all other reporting districts within 1,000 feet of the Project is 202. This is 62 percent higher than the average crime rate in citywide and is considered significant. Under Section of the Business and Professions Code, an applicant's premises are considered to be located in an area of "undue concentration" when the applicant's crime reporting district has a 20 percent greater number of reported crimes. No evidence was submitted to establish lower crime rates for the reporting district for which the proposed Project is located. On the contrary, members of the public made the following assertions regarding crime: ATTACHMENT t) -----:--:--- PAGE "- OF,

4 PZl (SUP) Page3 Dr. Cesar Morales: Dr. Morales submitted a letter dated November 18, 2015 and expresses concern that the area already experiences crime levels above City averages. During the public hearing, Dr. Morales reiterates that the area already exceeds crime levels that are higher than the City average. Ms. Nancy Pederson: Ms. Pederson states that a higher concentration of alcohol is strongly related to violence regardless of the economic, age, or ethnic characteristics of a neighborhood. Ms. Pederson also states that the City has alarming statistics related to DUis. Ms. Francine Castanon: Ms. Castanon states that there is an overconcentration and that the proposed Project is adjacent to a Methadone clinic. Based on the evidence presented during public testimony, the City Council finds that the proposed Project will result in or add to an undue concentration of establishments selling alcoholic beverages at retail within 1,000 feet of the location for which the special use permit is applied and no evidence was submitted to establish lower crime rates for the reporting district for which the proposed Project is located - evidence necessary to rebut the presumption of "undue concentration." SECTION 2. Based on the findings set forth herein, the City Council hereby reverses the Planning Commission's approval of Planning and Zoning Permit (Special Use Permit Alcohol) and therefore denies the Project. SECTION 3. Based on the City Council's denial of the Project, the Project is not subject to the California Environmental Quality Act (CEQA) pursuantto Sections 15061(b)(4) and 15270(a) of the State CEQA Guidelines. SECTION 4. The decision of the City Council shall be final upon adoption of this Resolution as set forth in Section of the Oxnard City Code. SECTION 5. The City Clerk is hereby directed to mail a copy of this Resolution to the Applicant and the Planning Commission pursuant to Section of the Oxnard City Code within ten (10) days of the adoption of this Resolution. [SIGNATURES ON FOLLOWING PAGE]

5 PZ (SUP) Page4 PASSED AND ADOPTED by the City Council of the City of Oxnard on the 7th day of December 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Tim Flynn, Mayor Daniel Martinez, City Clerk APPROVED AS TO FORM: City Attorney