City Council Hearing:
Consideration of Conditional Use Permit Application No. P22-03906
Exhibit O
Staff Presentation
HEARING TO CONSIDER THE APPEAL OF THE
DENIAL OF ALCOHOLIC BEVERAGE
CONDITIONAL USE PERMIT P22-03906
PRESENTATION BY: PHILLIP SIEGRIST | PLANNING MANAGER
CITY COUNCIL HEARING | June 6, 2024ID 24-652
Timeline
.April 2018: Fire occurred in the store which halted all operations.
April 2019: Pursuant to FMC Section 15-404(F)(3), the gas station and off-site alcohol sales were not continued within the specified timeframe (12 months) and consequently considered abandoned.
October 2022: Applicant filed for re-establishment Conditional Use Permits. Note: Only the ABCUP is being considered.
ABCUP P22-03906 requests authorization to establish a State of California Alcoholic Beverage Control Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for the Circle “D” Food & Liquor store.
October 2023: ABCUP denied by Planning and Development Director.
January 2024: Applicant submitted supplemental materials in response to denial.
April 2024: Planning Commission denied appeal and upheld Director’s denial.
CITY COUNCIL
June 6, 2024 | ID 24-652
Project Floor Plan (Original & Revised)
CITY COUNCIL
June 6, 2024 | ID 24-652
Responsible Neighborhood Market Act - Location Restrictions Restriction:
1) Near Sensitive Uses. The establishment shall not be located within 1,000 feet of the following:
a. A public park, playground, recreational area includ ing a trail that is immedi ately adjacent to a public park, or youth facility, including a nursery school, preschool, or day care facility; b. A public or private State-licensed or accredited school; or c. An alcohol or other drug abuse recovery or treatment facility.
Restriction:
2) Near Other Alcoholic Beverage Establishments. The establishment shall not be located within 1,000 feet of an existing establishment, nor ma y it lead to a grouping of more than four establishments within a 1,000-foot radius. Notwithstanding this requirement, an establishment shall not be located within 500 feet of an existing establishment when an establishment is located in a Census Tract that is not oversaturated with off-sale licenses.
CITY COUNCIL
June 6, 2024 | ID 24-652
Responsible Neighborhood Market Act - Location Restrictions Restriction:
3) Within High Crime Areas. The establishment shall not be located in an area of high crime, as defined by the California Business and Professions Code 23 958.4(a)(1) et seq., and as determined by the Department of Alcoholic Beverage Control.
Restriction:
4) Within High Concentration Areas. The establi shment shall not be located in an area of high concentration, as defined by the California Business and Professions Code 23958. 4(a)(3) et seq., and as determined by the Department of Alcoholic Beverage Control.
CITY COUNCIL
June 6, 2024 | ID 24-652
Responsible Neighborhood Market Act - Location Restrictions Restriction:
5) Citywide Ratio. No establishment shall be grante d a Conditional Use Permit under this Section if the number of sites selling alcohol for off-site consumption will exceed one license per 2,500 residents. This ratio requirement shall not apply to: (1) existing establishments that must obtain a CUP pursuant to this ordinance due to proposed expansion or improvement of an existing use that is currently operating pursuant to a CUP issued prior to the effective date of this ordinance; (2) new establishments that utilize the Cancel and Transfer pr ovisions stated in Section S., below: or (3) an existing establishment that is in good standing which has a change in the ABC License holder, specifically partner franchisees.
CITY COUNCIL
June 6, 2024 | ID 24-652
Responsible Neighborhood Market Act
Location Restrictions Exceptions
1) The proposed use is not located within an area in which the Chief of Police has determined, based upon quantifiable information, that the proposed us e: (a) would be detrimental to the public health, safety, or welfare of persons located in the area; or (b) would increase the severity of existing law enforcement or public nuisance problems in the area.
2) The proposed off-premises sale of alcoholic beve rages is incidental and appurtenant to a larger retail use and provides for a more complete and convenient shopping experience. 3) The proposed outlet for the off-premises sale of alcoholic beverages would act as a public convenience or necessity to an underserved portion of the comm unity and/or enhance the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety. 4) The primary use of the establishment, based on information provided by the applicant, has been determined by the Review Authority to meet the defini tion of a General Market including a supermarket, neighborhood grocery store, or a Healthy Food Grocer.
CITY COUNCIL
June 6, 2024 | ID 24-652
Fresno Municipal Code Use Classifications
General Market: Retail food markets of food and grocery items for off-site preparation and consumption. Typical uses include supermarkets, neighborhood grocery stores, and specialty food stores Specialty Food Grocer: A food and beverage retail sales establishment s that (1) dedicates at least 70% of retail space to a specialized category of food products such as foods from a specific country, ethnicity, or locality; and (2) dedicates at least 10% of retail space to fresh food s such as dairy, (excluding ice cream), produce, meat, poultry, and fish.
Healthy Food Grocer: A food and beverage retail sales establishment that (1) dedicates at least 50 percent of retail space to a general line of grocery products inte nded for home preparation, consumption and use; and (2) dedicates at least 30 percent of reta il space to perishable goods including dairy, fresh, produce, fresh meats, poultry and fish, and frozen foods.
Convenience Retail: Establishments primarily engaged in the provisio n of frequently or recurrently needed small personal items or services for residents within a reasonab le walking distance. These include various general retail sales and personal services of an appropriate size and scale to meet the above criteria.
CITY COUNCIL
June 6, 2024 | ID 24-652
Project Floor Plan (Revised for Council)
CITY COUNCIL
June 6, 2024 | ID 24-652
Staff Recommendation
DENY the appeal and UPHOLD the action of the Planning and Development Department Director to deny ABCUP Application No. P22-03906 requesting authorization to establish a State of California Alcoholic Beverage Control Type 21 (Off-Sale Beer, Wine, & Distilled Spirits) alcohol license for a Circle “D” Food & Liquor store.
CITY COUNCIL
June 6, 2024 | ID 24-652