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PLN15-0440 - 1716 Webster Street - Applicant: United Brothers Enterprise, Inc. The applicant requests an amendment to a use permit to allow sale of beer and wine at an existing 24-hour gas station and convenience store. The property is located within the C-C, Community Commercial zone within the Webster Street Business District. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 - Projects Which Are Disapproved.
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To: President and
Members of the Planning Board
From: Allen Tai, AICP
Planning Services Manager
Date: January 11, 2016
BACKGROUND
The subject property is an existing gas station with a 1995 use permit for a convenience store and 24-hour operation. The 1995 use permit specifically prohibits the sale of alcohol (Exhibit 1). In 2012, the property received approval to be redeveloped with a new convenience store and gas station. The applicant at the time also applied for an amendment to the existing use permit to remove the restriction prohibiting alcohol sales. The request for alcohol sales was unanimously denied by the Planning Board. That denial was subsequently was upheld by the City Council upon an appeal by the applicant (Exhibit 2).
Pursuant to Alameda Municipal Code Section 30-21.8 - Limitation on New Application, applications for use permits that are denied are not eligible for resubmittal for three years from the date of the denial. Since it has been three years since the September 4, 2012 City Council decision on this matter, the applicant is requesting a reconsideration of the same use permit amendment.
DISCUSSION
The applicant proposes to sell beer and wine for off-site consumption during lawfully permitted hours (6:00 a.m. to 2:00 a.m. of the following day). If the City approves this request, the applicant will then need to apply for a liquor license from the California Department of Alcoholic Beverage Control (ABC). Currently, two stores within 300 feet of this store also sell alcohol (Best Buy Liquor and 7-11).
In 2012, staff originally recommended approval of the applicant’s request to the Planning Board, because convenience store goods and services are commonly provided at gas stations. Staff thought that through the use permit process, the Planning Board could require litter pickup, limit shorter hours of alcohol sales, and even the amount of shelf space devoted to alcoholic beverages. Staff recommended a condition of approval that prohibits alcohol sales after midnight, which is consistent with a neighboring liquor store in the immediate area.
The Planning Board disagreed with the staff recommendation in 2012 and denied the request citing the following factors in its findings:
• Alcohol sales is an incompatible use and would adversely affect the residential homes immediately adjacent to the subject property;
• The sale of alcohol for off-site consumption is already plentiful in the vicinity, and permitting additional outlets for off-sale alcohol would oversaturate this area;
• Increasing the number of retail outlets that sell alcohol will adversely affect adjacent residents and businesses; and
• Testimony from neighborhood residents about existing police activity in the area and problems with litter, fights, and late night noise attributed to the sale of alcohol support the general assumption that permitting alcohol sales on this property would be detrimental to other property.
In response to an appeal by the applicant, the City Council held a hearing on September 4, 2012 and unanimously upheld the Planning Board’s findings and denial of the application.
Although three years have passed, staff is unable to identify any changes in either the application or the surrounding conditions in the area that would cause the Planning Board to reconsider their conclusions from 2012. Therefore, staff is recommending that the Planning Board deny the application.
ENVIRONMENTAL REVIEW
The proposed use permit amendment is statutorily exempt under California Environmental Quality Act (CEQA) Section 15270 - Projects Which Are Disapproved.
Should the Planning Board wish to approve the application after holding a public hearing and consideration of all public testimony, administrative records, and application material, CEQA provides a categorical exemption per CEQA Guidelines Section 15301 - Existing Facilities - for operation or permitting of existing private structures involving negligible expansion of use beyond that which exists.
PUBLIC NOTICE AND COMMENTS
Property owners and residents within 300 feet of the project’s boundaries were notified of the public hearing and given the opportunity to review and comment on the proposal. Because the project is located in the Webster Street Business District, the West Alameda Business Association was specifically notified of this proposal.
RECOMMENDATION
Hold a public hearing and deny the use permit amendment to allow alcohol sales at 1716 Webster Street according to the findings in the Draft Resolution (Exhibit 3).
Respectfully submitted,
Allen Tai
Planning Services Manager
Exhibit:
1. Use Permit UP-95-23
2. Council Resolution
3. Draft Resolution
4. Application