Public Hearing
CONDITIONAL USE PERMIT FOR THE
SALE OF BEER, WINE, AND SPIRITS AT
AN EXISTING GROCERY STORE
(MANOLO FARMERS MARKET)
LOCATED AT 303 HIGHLAND AVENUE
2024-11 CUP
Item 11.1
Planning Commission Action
Public hearing on October 7
Planning Commission recommended approval with one additional condition related to electronic verification Six community members spoke in opposition to the item; three others were opposed, but did not speak Overhead
Overhead
Street View
Site Characteristics
3.35 acre commercial property
Located on the east side of Highland Ave. between E. 2nd Street and E. 4th St. Existing 27,000 square-foot grocery store (Manolo Farmers Market) with parking area Zoned Minor, Mixed-Use Corridor (MXC-1)
Surrounding area is a mix of commercial and residential uses Existing CUP for beer and wine sales since 1990. Extended hours approved in 2000.
Proposal
The business proposes to upgrade their ABC license to sell distilled spirits in addition to beer and wine Manolo Farmers Market has had ABC License (Type-20) since 1990 Proposed hours of operation are from 7:00 a.m. to 10:00 p.m. daily Previous CUP approved for 7:00 a.m. to 11:00 p.m.
Floor plan indicates the total area dedicated to alcohol sales Existing beer and wine - 408 square feet
Proposed distilled spirits located behind a sales counter - 64 square feet Floor Plan
Distilled Spirits
Beer
Exit
Exit
Entrance
Wine
Staff Analysis
NCMC 18.30.050 allows for alcohol sales for off-site consumption in the MXC-1 with approved CUP Additional requirements related to alcohol CUPs:
Expanded Mailing – notice to owners/occupants within 660 ft. (737 total) Community meeting – Applicant held July 8, 2024 – no attendees Distance requirements – Not applicable with grocery stores Census Tract 118.02– Currently has five off-sale licenses ABC website updated after staff report was written
Four are recommended by ABC
Applicant is one – no additional
Adhere to City Council Policy 707
Addressed with standard conditions of approval
Comments Received:
Police Department (PD)
Risk Assessment – given 11 points
Low risk – 12 points or less
Assigns points based on type of business, license concentration, calls for service, etc.
Institute for Public Strategies (IPS)
Recommendations
In-person Responsible Beverage Sales and Service (RBSS) training for all staff. Daily litter removal and timely graffiti removal from areas under control of the licensee. Post signs in both English and Spanish related to the sale of alcoholic beverages to persons under 21. Post signs prohibiting open alcoholic beverage containers on the premises/loitering Incorporated into conditions of approval
Recommended Conditions
Standard Conditions of Approval
Electronic age verification
Conditions specific to off-site alcohol sales per Council Policy 707 Hours of operation
Responsible Beverage Service and Sales (RBSS)
Alcohol sales for off-site consumption to remain accessory Application-specific conditions
Maintain conditions of existing CUP (2000-20)
IPS comments related to signage, graffiti, and litter
Distilled spirits to be stored in a lockable cabinet behind the sales counter Floor Plan
Distilled Spirits
Beer
Exit
Exit
Entrance
Wine
Summary
Proposed use is consistent with the General Plan
Alcohol sales for off-site consumption are a conditionally-allowed use in MXC-1 zone Alcohol sales would be accessory to the grocery store in an established commercial area Inclusion of conditions consistent with Council Policy 707 intended to alleviate concerns related to area impacts
Additional conditions addressing IPS comment
Options
• Find project exempt from CEQA & approve 2024-11 CUP based on findings listed in the draft resolution / findings determined by the Council; or • Find project not exempt from CEQA and/or deny 2024-11 CUP based on findings listed in the draft resolution / findings determined by the Council; or • Continue the item for additional information
• Staff recommending approval