Barton Brierley, AICP, Director of Community Development

Transcription

1 Agenda Item No. 8C October 28, 2014 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: Laura C. Kuhn, City Manager Barton Brierley, AICP, Director of Community Development RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE DENYING THE PUBLIC CONVENIENCE OR NECESSITY (PCN) REQUEST TO SELL ALCOHOLIC BEVERAGES (BEER AND WINE) FROM THE QUICK WAY GAS STATION AND CONVENIENCE STORE AT 401 MERCHANT STREET DISCUSSION: On July 14, 2014, the Planning Division received an application for a City Determination of Public Convenience and Necessity (PCN) to allow the sales of alcoholic beverages from the Quick Way Gas Station and Convenience Store located at 401 Merchant Street. The applicant is proposing to sell beer and wine for off-site consumption only, under a Type 20 license. The alcoholic beverages would be sold and stored within the convenience store. Existing uses adjoining the subject site include retail stores and offices, residential homes a few blocks away, and Heritage Peak Charter School across the street (Attachment 1). An application for a Type 20 license is pending with the Department of Alcoholic Beverage Control (ABC). Pursuant to State Law ( of the California Business and Professions Code), all alcoholic beverage sales resulting in or adding to an undue concentration of liquor licenses shall be subject to a determination by local jurisdiction that public convenience or necessity will be served by the issuance of a liquor license. In addition, the City s Land Use and Development Code requires certain findings to be made, including the determination that the license will be consistent with the goals, objectives and policies of the General Plan and the Land Use and Development Code, and that the license will not be detrimental to the public health, safety or welfare of the community. According to the ABC, the proposed convenience store is located in a census tract that allows a maximum of 3 licenses without local jurisdiction approval. Currently, the census tract contains 14 existing licenses resulting in an undue concentration of liquor licenses. Also, the project site is located in a crime-reporting district that exceeds 120% of the City average number of annual offenses. The reporting district for the site reported 811 offenses from the last year. The average number of crimes for the census tracts is 171. As a result, the applicant must obtain PCN approval from the City. The applicant has submitted a PCN application in accordance with State Law and the Land Use and Development Code. The required noticing was sent to property owners and occupants within 600 feet of the project site. The City received 2 letters opposing the proposed project (Attachment 4). Notice was also sent to the Planning Commission, the City Council and the Police Chief. Councilmember Mashburn has requested that the Council review the project application. When reviewing PCN applications, the decision-maker must consider several criteria, such as impacts to sensitive surrounding land uses, excessive licenses in the vicinity, and crime-related problems in the area. These criteria are used to determine if the proposed liquor license would meet the additional findings required in the Code.

2 The Planning Division and the Police Chief do not support the proposed PCN application because the project site is across the street from an existing sensitive land use (Heritage Peak Charter School), which could potentially make illegal sales to minors more convenient. In addition, the Public Convenience or Necessity is currently served by 14 existing licenses in the census tract, including 5 licenses that are in close proximity to the project site (901 Mason Street, 541 Davis Street, 800 Merchant Street, 801 Merchant Street, and 300 Parker Street). Furthermore, the census tract reports a high crime rate and the additional license could potentially create more criminal activity. Therefore, the Police Chief and Planning Division staff recommend denial of the Public Convenience or Necessity request. The resolution of denial is attached to this report. If, after hearing the matter, the City Council determines that approval of the request serves a public convenience or necessity, the Council should direct staff to prepare findings and a resolution approving the request for consideration at a future Council hearing. FISCAL IMPACT: The Community Development Department s review and processing of the project application were funded by Planning application fees. RECOMMENDATION: By simple motion, adopt the subject resolution. ATTACHMENTS: Resolution Action Item Attachment 1: Location Map Attachment 2: List of Existing Liquor Licenses Attachment 3: Project Description, ABC Form-245, Site Plan, Floor Plan Attachment 4: Letters of Opposition

3 RESOLUTION NO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE DENYING THE PUBLIC CONVENIENCE OR NECESSITY (PCN) REQUEST TO SELL ALCOHOLIC BEVERAGES (BEER AND WINE) FROM THE QUICK WAY GAS STATION AND CONVENIENCE STORE AT 401 MERCHANT STREET WHEREAS, the City Council of the City of Vacaville conducted a duly noticed public hearing on October 28, 2014, regarding the Public Convenience or Necessity (PCN) application to sell alcoholic beverages (beer and wine) from the Quick Way Gas Station and Convenience Store, related to the following described property: 401 Merchant Street APN (File No ) WHEREAS, the public hearing before the City Council was duly noticed in accordance with applicable state law and the Vacaville Land Use and Development Code requirements; and WHEREAS, the City Council received testimony from City staff, the Police Chief, the applicant and interested persons regarding the application; and WHEREAS, the City Council has determined that the application is statutorily exempt under Section 15270(a) (Projects Which Are Disapproved) of the California Environmental Quality Act (CEQA) guidelines; and WHEREAS, the City Council has reviewed the Public Convenience or Necessity (PCN) application to sell alcoholic beverages (beer and wine) from the Quick Way Gas Station and Convenience Store at 401 Merchant Street and, based on the evidence contained in the written record and the testimony given at the public hearing, determines the following with respect to the findings required to approve the application: 1. That the approval of the application is consistent with the goals, objectives, and policies of the General Plan and of the Land Use and Development Code. This required finding cannot be made. The project site is located in close proximity to sensitive land uses such as residential homes and schools. Approval of the application would conflict with General Plan policies (2.6-G7), which require new development to be compatible with the character and scale of existing land uses. The additional liquor license would not be compatible with the surrounding sensitive uses. Therefore, approval of the application would not be consistent with the goals, objectives, and policies of the General Plan and of the Land Use and Development Code. 2. That the approval of the application will not be detrimental to the public health, safety, or welfare of the community. This required finding cannot be made.

4 The project site is located within a census tract that contains a higher than average crime rate. Additionally, the site is located in close proximity to residential uses and is across the street from an existing charter school. As a result, the additional liquor license could unreasonably impact surrounding sensitive uses. Therefore, approval of the application would be detrimental to the public health, welfare and safety of the community. 3. That the public convenience or necessity is served by the approval of the application. This required finding cannot be made. The proposed PCN request has been considered in accordance with Section (Criteria to be Considered in Determining Public Convenience or Necessity) of the City s Land Use and Development Code. The City Council finds that the proposed liquor license would potentially impact sensitive surrounding uses, and would not enhance the economic viability or recreational opportunities in the area. The additional license would add to an excessive concentration of licenses and potentially increase crime-related offenses in the area. In addition, the public convenience or necessity is currently being served by 5 existing licenses that are in close proximity to the project site (901 Mason Street, 541 Davis Street, 800 Merchant Street, 801 Merchant Street, and 300 Parker Street). Therefore, the public convenience or necessity would not be served by the approval of the application. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Vacaville does hereby deny the Public Convenience or Necessity (PCN) application to sell alcoholic beverages (beer and wine) from the Quick Way Gas Station and Convenience Store located at 401 Merchant Street, in accordance with the above findings for denial. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a regular meeting of the City Council of the City of Vacaville, held on the 28th day of October, 2014 by the following vote: AYES: NOES: ABSENT: ATTEST: Michelle A. Thornbrugh, City Clerk

5 ATTACHMENT 2 California Department of Alcoholic Beverage Control SOLANO COUNTY - (Off-Sale Licenses) Census Tract = Report as of 10/12/2014 License License Status Number Type Orig. Iss. Date Expir Date Primary Owner and Premises Addr. Business Name 1) ACTIVE 21 3/31/1994 2/28/2015 HANS, JASWANT S 1040 E MONTE VISTA AVE VACAVILLE, CA JOHNS LIQUORS 2) ACTIVE 20 9/12/2005 8/31/2015 BCPK PETROLEUM INC MERCHANT GAS & MART 800 MERCHANT ST VACAVILLE, CA ) ACTIVE 20 11/21/2005 6/30/2015 PNS STORES INC BIG LOTS ALAMO DR VACAVILLE, CA ) ACTIVE 20 1/25/ /31/2014 BARAJASPALAFOX, LEONEL MEXICO MEAT MARKET E MONTE VISTA AVE, STE A VACAVILLE, CA ) ACTIVE 20 5/26/2009 4/30/2015 GILPIN, JOHN PHILIP 411 DAVIS ST, STE. 201 VACAVILLE, CA VITUS WINES 6) ACTIVE 20 8/17/2009 7/31/2015 RETAIL ALLIANCE LLC CHEVRON 541 DAVIS ST VACAVILLE, CA ) ACTIVE 21 7/14/2009 5/31/2015 A & B LIQUOR AND FOOD INC 808 ALAMO DR VACAVILLE, CA A & B LIQUOR AND FOOD INC 8) ACTIVE 20 9/7/2010 8/31/2015 GILPIN, JOHN PHILIP QUERCUS WINES 406 MAIN ST VACAVILLE, CA ) SUREND 20 2/18/2011 1/31/2015 ATS MARKET & GAS INC 900 MASON ST VACAVILLE, CA ) ACTIVE 20 6/21/2012 5/31/2015 IJK OIL, INC. 970 MERCHANT ST VACAVILLE, CA ATS VALERO CHEVRON 11) ACTIVE 20 2/12/2013 6/30/ ELEVEN INC 7 ELEVEN 901 MASON ST VACAVILLE, CA ) ACTIVE 20 8/9/2013 7/31/2015 AU ENERGY LLC MERCHANT SHELL 950 MERCHANT ST VACAVILLE, CA ) ACTIVE 21 5/13/2014 4/30/2015 BASSI, JARNAIL SINGH 300 PARKER ST VACAVILLE, CA VACAVILLE FOOD & LIQUOR 14) ACTIVE 21 1/1/1994 7/31/2015 BRAENDLEIN, SANDRA LEE VACAVILLE U SAVE LIQUORS MERCHANT ST VACAVILLE, CA

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