Title
Public Hearing to Consider Call for Review and Adoption of Resolution Upholding the Planning Board Resolution PB-16-01 to Deny Use Permit File No. PLN15-0440 to Allow the Sale if Beer and Wine at a Convenience Store (76 Gas Station) Located at 1716 Webster Street. [The proposed amendment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 - Projects Which Are Disapproved.] (Community Development 481001)
Body
To: Honorable Mayor and Members of the City Council
From: Elizabeth D. Warmerdam, Interim City Manager
Re: Public Hearing to Adopt a Resolution Upholding the Planning Board’s Decision to Deny a Use Permit Amendment to allow Beer and Wine sales at the 76 Gas Station Located at 1716 Webster Street. [The proposed amendment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 - Projects Which Are Disapproved.]
BACKGROUND
In 1995, the City of Alameda approved a Use Permit to establish a convenience store at the gas station at 1716 Webster Street. That use permit prohibits the sale of beer and wine.
In 2012, the current business operator (the applicant) applied to amend the use permit to permit sale of beer and wine from the convenience store. Staff recommended approval of the request. The Planning Board unanimously denied the request. Upon appeal, the City Council unanimously upheld the Planning Board’s denial.
In 2015, the applicant re-submitted his application to sell beer and wine from the store.
On January 11, 2016, the Planning Board held a public hearing and denied the subject use permit request (Exhibit 1). Staff recommended denial because, in staff’s opinion, there have been no change in conditions in the area or with the application since the City Council’s 2012 decision.
On January 13, 2016, both Mayor Spencer and Councilmember Oddie submitted calls for review of the Planning Board’s action to deny the amendment. (Exhibit 2).
DISCUSSION
In 2012, the Planning Board and City Council denied the use permit citing factors primarily related to the overconcentration of alcohol sales in the area, and police reports documenting a high number of alcohol-related incidents on Webster Street.
Staff was not able to identify any significant changes in these factors that have occurred over the last three years that would cause the City Council to reconsider its use permit findings from 2012.
At the Planning Board hearing, the applicant argued that the new Safeway grocery store at Alameda Landing sells alcohol and the Safeway gas station, which does not sell alcohol, adds competition to his business and reduces his profit margins. Although staff is sympathetic to the challenges facing small businesses in Alameda, this change in the business environment does not change the public health and safety concerns stated in the 2012 Planning Board and City Council findings to deny the permit. A comparison of the police incident reports from 2012 and 2015 still indicate a high number of alcohol-related incidents in the vicinity (Exhibit 3).
FINANCIAL IMPACT
There is no direct impact to the General Fund on an action to approve or deny this use permit request.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The proposed project is consistent with the City of Alameda General Plan and Zoning Ordinance.
ENVIRONMENTAL REVIEW
This project is determined to be Categorically Exempt from the California Environmental
Quality Act (CEQA) pursuant to the CEQA Guidelines Section 15270 - Projects Which Are Disapproved.
RECOMMENDATION
Adopt a Resolution upholding the Planning Board’s decision to deny a use permit amendment to allow beer and wine sales at the 76 Gas Station located at 1716 Webster Street.
Respectfully submitted,
Debbie Potter, Community Development Director
By,
Allen Tai, Planning Services Manager
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. 2016 Planning Board Staff Report and Exhibits
2. Calls for Review from Mayor Spencer and Councilman Jim Oddie
3. Alameda Police Incident Reports for 2012 and 2015
4. List of Gas Stations in Alameda and Those Permitted to Sell Alcohol