PUBLIC HEARING
CONSIDERATION OF A CONDITIONAL USE PERMIT AND DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY TO ALLOW ON-SITE BEER AND WINE SALES FOR AN EXISTING RESTAURANT LOCATED AT 13830 SAN PABLO AVENUE, SUITES H & I, APN: 411-340-038.
PLAN2305-0002
CITY COUNCIL MEETING
JUNE 20, 2023
SITE CHARACTERISTICS
Location: 13830 San Pablo Ave
Suites H & I
General Plan Designation:
Commercial Mixed-Use
Zoning District:
(SP-2), San Pablo Avenue
Specific Plan, Commercial
Mixed-Use
13830 San
Pablo
Avenue
Suites H & I
LOCATION
Neighboring businesses include:
Porfiria insurance agency, Adobe Liquors, La
Strada, First Bank, Pacific Family Dental, H&R
Block, Rixen Chiropractic, Graham’s Family
Hair Care, Palabra de Dios bookstore.
The site faces San Pablo Avenue at
the northeast corner of San Pablo
Avenue and Church Lane
BACKGROUND
• Restaurant currently known as TortasY Taqueria Los Picudos, to be renamed Tortas Los Picudos No. 2.
• Full-service Mexican restaurant offering breakfast, lunch, and dinner • Restaurant licensed and operating since 2009
• Expanded into adjacent commercial space in 2012
• No alcohol sales have previously been offered at this location
PROJECT DESCRIPTION
PLAN2305-0002:
• Conditional Use Permit (CUP) for alcohol sales at a full-service restaurant
• New Type 41 Alcohol License for beer and wine in an eating establishment
• No changes to menu proposed
• Public Convenience or Necessity is required as the project is located in a census tract with an over-concentration of on-sale retail alcohol licenses.
EXISTING CONDITIONS
EXISTING CONDITIONS
PROPOSED FLOOR
PLAN
BUSINESS PLAN
• Current Hours:
Monday – Friday, 10:00 am to 7:00 pm
Saturday – Sunday, 9:00 am to 7:00 pm
• Proposed Hours:
Monday – Thursday 10:00 am to 7:00 pm
Friday - 10:00 am to 8:00 pm
Saturday – Sunday – 9:00 am to 8:00 pm (New Condition #7) • Table seating for up to 68 customers is available
• No more than 40% of the revenue will come from alcohol sales • Bottled and canned beer is proposed to be served
• Conditions of approval have been recommended by the Police Department and Community Development Department
Guiding Policy LU-G-7: Retain and enhance existing commercial, industrial, educational and entertainment land use areas to strengthen San Pablo’s economic base.
Guiding Policy LU-G-11: Recognize the importance of the mixed-use areas along San Pablo Avenue, San Pablo Dam Road, 23rd Street, and Rumrill Boulevard to the vitality and quality of life in San Pablo.
Implementing Policy LU-I-21: Ensure that noise, traffic, and other potential conflicts that may arise in a mix of commercial and residential uses are mitigated through good site planning, building design, and/or appropriate operational measures.
Implementing Policy LU-I-31: Establish zoning standards, including maximum size and separation requirements, for any commercial land use type that could adversely affect adjacent residential areas or create health and safety impacts.
General Plan Conformance
Land Use Policy 2-G-3: Promote pedestrian and transit
friendly development that enhances the public realm.
Land Use Policy 2-I-14: Encourage both day and nighttime uses within all major activity centers along the corridor.
Urban Design and Building Development Standard 4-G-3:
Encourage a mix of uses that is compatible with and caters to the needs of the community and region.
San Pablo Avenue Specific Plan Conformance
ZONING CONFORMANCE
The proposed Conditional Use Permit amendment meets the requirements of Section 17.62.020 of the Zoning Ordinance regarding alcoholic beverage sales in that:
• The selling of alcoholic beverages is in conjunction with a full-service restaurant • The selling of alcoholic beverages will be ancillary to food service •The project would enhance the existing commercial land use area and strengthen the City’s economic base
•The project would also contribute to the pedestrian activity in the area by enhancing the attractiveness of an existing business.
CONDITIONAL USE PERMIT
In order to grant any conditional use permit, the findings of the Planning Commission shall be that the:
“establishment, maintenance, or operation of the use of the building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.”
DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY
The criteria to be used for a determination of “public convenience or necessity” for an on-sale beer and wine license is found in section 23958.4 of the California Business and Professional Code (CBPC), where the issue of “undue concentration” is discussed. CBPC Section 23958.4 states that “undue concentration” exists when either:
• There are 20% more crimes in the crime reporting area than the average number of reported crimes from all reporting areas in the City of San Pablo; and/or
• The ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located.
13830 San Pablo Avenue has been identified as an area with an undue concentration of alcohol licenses. According to the ABC, up to seven (7) on-sale licenses are allowed in the corresponding census tract. Based on the statistics provided by ABC, there are currently eleven (11) other active type 41 licenses in this census tract.
DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY
•California Business and Professional Code Section 23958.4 states that if there is an undue concentration in alcohol licenses or the area is a high crime identified area, the applicant must demonstrate that public convenience or necessity would be served by the issuance of the on-sale beer and wine license. •As a part of this process, the applicant has submitted a narrative which discusses the business products and services, hours of operation and number of employees, and uniqueness and positive impact on the City with the on-sale beer and wine license. The narrative submitted by the applicant is included as Attachment C. •Nearby liquor license holders include La Strada, Adobe Liquors, and Las Montanas:
• La Strada holds a type 47 on-sale general alcohol license as a full-service restaurant. • Adobe Liquors holds a type 21 off-sale liquor license. • Las Montañas is located across the street on San Pablo Avenue and holds a type 21 off-sale liquor license. •All of these businesses are long-standing and highly successful and do not appear to generate any nuisance activity associated with alcohol sales. The subject restaurant is also of long standing with regular patronage and does not generate nuisance activity. There is no reason to believe that the addition of a type 41 alcohol sales license at this location would cause any negative impact to the area.
CONDITIONS OF APPROVAL
Contained in Resolution
Standard conditions apply
Special conditions include:
No sale of distilled spirits shall occur on the premises. The use shall be in substantial compliance with the proposed menu, floor plan, and business plan
The business shall not serve alcohol to an obviously intoxicated person; to a minor; to an individual without verifying age; or to sell alcohol outside of operating hours. Management shall not allow patrons to loiter in or about the premises upon closing the restaurant.
Security camera system accessible to the Police Department to be installed LEAD training for employees
Compliance with State ABC regulations
PLANNING COMISSION
RECOMMENDATION
The Planning Commission conducted a public hearing on May 23, 2023 and adopted Resolution PC23-05 recommending approval of a conditional use permit for on-site beer and wine alcohol sales associated with an existing restaurant, Tortas Los Picudos No.2, and a determination of public convenience or necessity for the on-site beer and wine sales at 13830 San Pablo Avenue.
Planning Commission vote:
AYES:Commissioners: Owens, Jackson, Feliciano, Morris
NOES:None
ABSENT: Gurdian
ABSTAIN:None
STAFF RECOMMENDATION
Conduct a Public Hearing
Adopt Resolution 23-05:
recommending approval to the City Council of a conditional use permit for on-site beer and wine sales associated with an existing restaurant, to be renamed Tortas Los Picudos No. 2, and determining that the request is exempt from environmental review under the California Environmental Quality Act
Include recommended conditions of approval
QUESTIONS?