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USE PERMIT REQUEST FOR ALCOHOLIC BEVERAGE SALES FOR A NEW BAR AND NIGHTCLUB TO BE LOCATED WITHIN AN EXISTING BUILDING AT 2161 EAST MAIN STREET (P19-0267)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution of disapproval, based on the findings in the attached resolution.
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Summary
The applicants, Monica and Moreno Aguilar and Roy Reeves, propose to establish a new bar and nightclub including alcoholic beverage sales within a lease space of an existing commercial building located at 2161 East Main Street. Alcoholic beverage sales within a bar or nightclub are permitted under the project site’s Commercial General (CG) zone, subject to approval of a Commission Use Permit and compliance with provisions of Section 16.080.040 of the Municipal Code.
The business would sell alcohol under a Type 42 License (on-premises sale of beer and wine - public premises), which would be issued by the California Department of Alcohol Beverage Control (ABC). The applicant has indicated they will pursue their ABC license following City action on the Commission Use Permit. This type of license would authorize sale of beer and wine for consumption on or off the premises, where sold. No minors would be allowed, and food service would not be required.
As reflected in the staff report below, the proposal for alcoholic beverage sales does not comply with the location restriction related to proximity to other alcoholic beverage sales establishments (with one such establishment located across the street from the project site). Therefore, based strictly on a determination of compliance with this Municipal Code provision, staff recommends denial of the Commission Use Permit request. However, the site is located within a Crime Reporting District (CRD) (No. 0191) which has a lower than average number of crimes compared to all CRDs citywide. Also, the site is located within a census tract that is not over-concentrated for off-sale licenses. These issues are further discussed in this staff report.
DISCUSSION
Background
The General Plan Land Use Map designates the subject site as Commercial. The Zoning Map provides a Commercial, General (CG) designation.
The site is bounded to the:
• North by single family residential uses. The zoning is Low Density Residential.
• West and east by various commercial buildings in the CG zoning district along the East Main Street frontage. Adjoining the project site to the east is a vacant lot, with a commercial building adjoining to the west.
• South, across East Main Street, by commercial buildings along the East Main Street corridor in the CG zoning district. Uses include markets and a restaurant.
See Attachment A for location and Zoning Map.
Project Description
The applicants, Monica and Moreno Aguilar, and Roy Reeves, applied for a Commission Use Permit to establish an on-sale alcoholic beverages establishment within a 1,028 sq. ft. tenant space in an existing commercial building. There is an additional lease space next to the proposed bar/nightclub, in use as a nail salon, and one apartment unit located on the second floor. The apartment is currently vacant. (Attachment B - Proposed Site Plan and Floor Plan). There are also two additional lease spaces at the rear of the building on the ground floor, currently used for storage.
Proposed operational details are as follows:
• The applicant’s proposal statement indicates the proposed establishment would be operated as a sports bar, promoting local sporting events and teams. Proposed days and hours of the business would be Mondays through Thursdays, 3:00pm to 12:00am; Fridays, 3:00pm to 2:00am; and Saturdays and Sundays, 12:00pm to 2:00am. (The applicant also indicates that “hours of operation may be adjusted to match demand.”)
• There would be four employees.
• The interior would include a bar/customer counter, several small tables/chairs, six television screens, an electronic dart board, and restrooms and storage area. No pool tables are proposed at this time. A music/DJ/karaoke area is also proposed. There would be no outdoor service available.
• Alcoholic beverages would consist of beer and wine, along with non-alcoholic beverages. (Note: no distilled spirits are permitted with a Type 42 license.)
• No food service is proposed at this time, with the applicant indicating they intend to add basic food offerings in the future (pizza, hot dogs, etc.).
• Security would consist of:
o Use of a security camera system;
o Use of outdoor lighting for the entry area;
o Use of employees to ensure no loitering of patrons outside of the facility; and
o Use of a “scissor gate” system when the facility is closed.
The applicant also notes that they would utilize security guards if required by the City, in addition to their planned use of a staff person to check identification of patrons as they enter the front door
The project also includes a Design Review request for proposed modifications to the building exterior, consisting of:
• Removal of red paint to expose underlying brick.
The project’s Design Review aspect was considered by the Architectural Review Committee (ARC) on October 9, 2019. The ARC made three recommendations on the proposed project design:
1. Removal of existing ground-floor and second floor awnings;
2. Removal of exterior security bars on storefront windows, and placing the bars inside of windows (two feet behind the windows, per City Design Review criteria); and
3. Removal of existing red paint on the building’s original brick columns, along with cleaning of the columns.
In a response letter dated October 20, 2019, the property owner indicated that removal of the awnings would in turn remove sun shielding on the southern exposure, and that City Design Review Guidelines support use of awnings to add visual interest to a building; that security bars are located inside of the building; and that they have removed the red paint from the lower half of the building.
There is no on-site parking for the existing building. The previous tenant was a retail merchant.
Staff Analysis
Over-Concentration for On-Sale Alcohol Licenses by Census Tract
The project site is located in Census Tract No. 19.00 According to ABC, the maximum number of permitted on sale alcohol licenses allowed for this census tract is five (5) (ABC, August 2019)). Currently, the census tract has three (3) such licenses issued and active and, therefore, is not over-concentrated. (See Attachment C.)
Municipal Code Regulations for On-Sale of Alcohol
The following staff analysis addresses the application’s conformity to the standards at SMC 16.80.040 (Alcoholic Beverage Sales, -On-Sale and Off-Sale). SMC 16.80.040(D)(2) contains the following location restrictions for alcoholic beverage sales establishments:
• Proximity to Schools and Parks: The proposed use is not located within 500 feet of any public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, day-care facility, a public park, playground, recreational area, or youth facility. The proposed project therefore complies with this provision.
• Crime Reporting District: The on sale of alcoholic beverages should not be located in a Crime Reporting District (CRD) where the average number of crimes in that district exceeds the average number of crimes for all Crime Reporting Districts citywide by more than 20 percent. The project site is located in CRD No. 0191. The total number of crimes reported in the CRD No. 0191 for 2015, 2016, and 2017 is 163, which is 14.6 percent below the citywide annual average. The proposed use therefore complies with the CRD location restriction.
According to the Calls for Service (CFS) statistics from the Police Department, the area within a 500 ft radius of the project site had a total of 96 CFS between September 1, 2019 and January 31, 2020. A copy of the CFS report is provided (Attachment D).
• Proximity to Other Alcoholic Beverage Sales Establishments:
Municipal Code 16.080.040.D.2.b states:
“Establishment shall not be located in an area within 500 feet of an existing on-sale alcoholic beverage establishment or any location that would lead to the grouping of more than four (4) on-sale alcoholic beverage establishments within a 1,000-foot radius.” (Emphasis added)
The following table summarizes business locations that have active ABC alcoholic beverage sales licenses within 1,000 feet of the project site boundary:
|
Location |
ABC License Number |
Type of ABC License* |
Type of Business |
Approximate Distance from Project Site |
|
2075 East Main St |
278032 |
41 |
Restaurant |
590 ft |
|
2184 East Main St |
517431 |
40 |
Restaurant |
90 ft |
|
2196 East Main St |
517137 |
20 |
Market |
90 ft |
|
2251 East Main St |
466298 |
41 & 58 |
Restaurant |
585 ft |
|
2280 East Main St |
398245 |
21 |
Liquor Store |
575 ft |
*ABC License types:
- 20: Off-sale beer and wine
- 21: Off-sale, general
- 40: On-sale, beer (bar, tavern)
- 41: On-sale beer and wine, eating place
- 58: Catering permit
Based on the above-noted summary of existing ABC licenses in the project area,
the project site would exceed the Municipal Code standard with respect to being “located in an area within 500 feet of an existing on-sale alcoholic beverage establishment,” as one on-sale establishment is located directly across East Main Street from the project site, approximately 90 feet away, at 2184 East Main Street. The establishment, Don Jose’s Market and Mexican Restaurant, has listed hours of operation from 9:00am to 5:00pm, Monday through Saturday, with the establishment closed on Sunday. These hours of operation would have some degree of overlap during afternoons with the proposed bar/nightclub. Therefore, the proposed use does not comply with the 500-foot separation requirement as noted above.
However, the project would not exceed the grouping criteria within the 1,000 foot radius of the project site, as there are 3 existing establishments with active ABC licenses for on-sale alcohol within a 1,000 foot radius of the project site; therefore, there would not be more than the maximum permitted 4 such establishments within 1,000 feet.
Parking
The subject property has no available on-site parking. The previous occupant of this space, a retail market, had a parking requirement of four (4) spaces based on a requirement for 1 space/250 sq. ft. of gross floor area. The proposed use (bar/nightclub) has a parking requirement of seven (7) spaces, three (3) more than the previous tenant.
The applicant has indicated that the property owner also owns a commercial site (applicant sales, at 2222 East Main Street), making 15 spaces available to the proposed bar/nightclub. The appliance sales store has listed hours of operation from 9:00 am to 5:00 pm.
Municipal Code Section 16.64.040 provides that additional spaces may be required through a discretionary permit (e.g., Commission Use Permit). The Planning Commission could either grant the ability to use off-site spaces referenced above (located across East Main Street, approximately 230 feet from the project site) or grant an outright waiver as provided at Section 16.64.050(F).
Additionally, unrestricted (i.e., day or hour) on-street parking is available in front of the proposed establishment.
Required Findings
In order to approve the requested Commission Use Permit, the Planning Commission must make all findings at SMC 16.168.050(A) (General Findings), SMC 16.168.050(B) (Problem Uses), and SMC 16.168.050(C) (Alcoholic Beverages). As indicated above and in the attached proposed resolution, the proposed use does not conform to all standards for the appropriate location of alcoholic beverage sales (proximity to the on-sale establishment located across the street). Consequently, as reflected in the attached proposed resolution, staff recommends disapproval based on the inability to make the following required findings:
• The proposed use is allowed within the subject zoning district with the approval of a use permit and complies with all other applicable provisions of this Development Code and the Municipal Code (SMC 16.168.050(A)(1).
• The proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located (SMC 16.168.050(A)(2) (Use Permit);
• The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use (SMC 16.168.050(A)(5) (Use Permit);
• The proposed use is not likely to interfere with the comfortable enjoyment of life or property in the area (SMC 16.168.050(B)(1) (Problem Uses);
• The proposed use will not increase or encourage the deterioration or blight of the area (SMC 16.168.050(B)(2) (Problem Uses);
• The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential (SMC 16.168.050(B)(3) (Problem Uses);
• The proposed use will not result in repeat nuisance activity on or in close proximity to the premises. Nuisance activity includes, but is not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination/defecation, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noise (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or police detentions and arrests (SMC 16.168.050(C)(1) (Alcoholic Beverages); and
• The public convenience or necessity would be served by the issuance of this Commission Use Permit or land development permit. In making a determination of public convenience or necessity, the applicable Review Authority may consider criteria, including, but not limited to, the following: (a) Proximity and number of other establishments selling alcohol (SMC 16.168.050(C)(4) (Business and Professions Code 23958.4 (Public Convenience or Necessity)).
In response to the application and prior to drafting this staff report, the applicant was advised of the likely disapproval recommendation by staff (see Attachment E). The applicant provided a written response (see Attachment F).
SMC 16.80.040(D)(2) provides that the Planning Commission may waive the applicable location restriction to promote and support local economic business growth throughout the city. However, staff is not supportive of waiving the location restrictions given the presence of an on-sale alcohol establishment located across the street.
Staff and the applicant have also discussed the project and the question of proximity to the on-sale alcohol sales use located across the street; the applicant indicated his intent to further address this issue with the Planning Commission at the March 12, 2020 public hearing. The applicant requests approval based on the nature of the one on-sale alcoholic beverage establishment located within 500 feet of the project site (across the street), and, if the Commission should determine to approve the project, through agreement to having all possible “Conditions of Approval” at SMC 16.80.040(D)(5)(a) imposed (see Attachment G for list), though for Condition 5.a.i (pay telephone), the applicant has indicated preference to allow patron use of their on-site business phone as opposed to installation of a pay telephone.
Public Comments
Notice for this item was published in the Record on April 13, 2020, and a notice has been sent to all property owners within a 300-foot radius of 2161 East Main Street. One written communication was received that is included at Attachment H.
Attachment A - Location & Zoning Map
Attachment B - Proposed Site Plan and Floor Plan
Attachment C - Census Tract 19.00 (Off-Sale Liquor Licenses)
Attachment D - Calls for Service
Attachment E - Staff letter to applicant
Attachment F - Applicant’s Revised Project Statements (1 and 2)
Attachment G - SMC 16.80.040(D)(5) “Conditions of Approval”
Attachment H - Public Comments
This staff report was prepared by Brian Millar, Planning Consultant; (530) 902-9218 or brian.millar@stocktonca.gov.