1 ** NOT ADOPTED **
RESOLUTION PC24-16
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN PABLO
APPROVING A CONDITIONAL USE PERMIT TO ADD OFF -SALE GENERAL
ALCOHOL SALES, INCLUDING DISTILLED SPIRITS, TO AN EXISTING BEER AND
WINE LICENSE FOR A LEGAL NONCONFORMING CONVENIENCE MARKET LOCATED AT 14701 SAN PABLO AVENUE , SAN PABLO, APN 413-310-017; AND REVOKING CONDITIONAL USE PERMIT #1212.
WHEREAS, the project site at 14701 San Pablo Avenue is located in the; San Pablo Avenue Specific Plan Zoning District (SP-2), and the land use designation is High- Density Residential; and
WHEREAS, the applicant, Russell McLeod, Franchise Area Director for Bonfare Markets, has applied for a Conditional Use Permit to add liquor sales to the current beer and wine sales at an existing, legal nonconforming convenience market at this location; and
WHEREAS, the current alcoholic beverage sales use is a legal nonconforming use in the High-Density Residential district within the San Pablo Avenue Specific Plan zoning designation (SP-2); and
WHEREAS, in accordance with Section 17.08.030.A, a nonconforming use may be continued but the use shall not be enlarged or increased unless a use permit is obtained; and
WHEREAS, in accordance with Section 17.20.040.B, the Planning Commission shall consider a finding as to whether the establishment, maintenance or operation of the proposed off-sale general alcohol sales 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; and
WHEREAS, this project is exempt from the California Environmental Quality Act under Class 1, Existing Facilities, as it involves the continued operation of an existing use and no proposed changes to the existing commercial building where the convenience market is currently located are proposed; and
WHEREAS, a public hearing notice was provided by mail on November 13th, 2024 to the applicant, local affected agencies and to all property owners within 300 feet of the subject property, and has been published in the West County Times newspaper (West Contra Costa edition of the East Bay Times) on November 16th, 2024 in accordance with the requirements of Government Code Section 65091; and
2 WHEREAS, the public hearing was held on November 26, 2024, at which public testimony was considered.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of San Pablo has reviewed the proposed project and grants approval of a Conditional Use Permit to add off-sale general alcohol sales, including distilled spirits, to the non-conforming use at the subject location based on the following findings:
A. The proposed project is categorically exempt from the provisions of the California Environmental Quality Act, in accordance with CEQA Guidelines pursuant to Section 15301, Existing Facilities. Class 1(a). This Class applies to existing private structures, such as the existing co mmercial building where the convenience market is currently located.
B. The granting of the Conditional Use Permit to add general alcohol sales to the legal nonconforming use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the city , as the business would not be expanded in size and would continue to be buffered from adjacent multi -family residential uses by its parking lot and perimeter fencing.
C. The proposed request would help to strengthen an existing long- standing convenience market that is well suited to the site and which serves nearby commercial and residential properties.
D. The proposed expansion of alcohol use would be located within a limited area of currently displayed tobacco and sundries merchandise shelving located securely behind the cashier.
E. The proposed request would be responsive to Ge neral Plan policies calling for the enhancement of existing commercial areas in that it would help to strengthen the viability of an existing commercial use by offering additional merchandise choices for customers.
F. The proposed request would comply with the development standards of the Zoning Ordinance in that no changes to the facility ar e proposed as a part of the requested alcohol license, other than the rearrangement of merchandise on display in order to make room for the proposed liquor behind the counter . No changes to the existing building are proposed.
G. Public notice of the hearing has been given by mail to the applicants, local affected agencies, all property owners within 300 feet of the subject property, and has been published in the East Bay Times, in accordance with the requirements of Government Code Section 65905.
3 H. All findings herein are based on the Planning Commission’s review of the entire record, including but not limited to written or oral public comments, staff presentation, staff report, and/or applicant submittals including the application.
BE IT FURTHER RESOLVED that the Planning Commission of the City of San Pablo hereby grants approval of a Conditional Use Permit to allow the expansion of a nonconforming use by allowing for on-sale general alcohol sales in addition to existing beer and wine sales at an existing convenience market. Conditions of Approval are listed as follows:
1. The Use Permit shall become null and void within one year of the effective date of approval if not applied.
2. The use shall be conducted in substantial compliance with the proposed narrative and floor plan of the convenience store, submitted on November 14th, 2024, and on file with the Community Development Department, PLAN2 411-0001. Minor deviations from these s ubmitted plans may be approved by the Zoning Administrator if it is determined the overall intent of this Conditional Use Permit and all Conditions of Approval remain fulfilled.
3. The operation of the Business shall be consistent with Section 17.30.020 Alcoholic Beverage Sales of the Zoning Ordinance, and any other applicable regulations in the San Pablo Municipal Code.
4. The applicant shall comply with all of the provisions of Section 17.30.020 Alcoholic Beverage Sales. Any significant changes in the business hours or increase in the type of operation must be reviewed and approved by the Planning Commission.
5. Obtain the necessary permits to sell off site distilled spirits from the Department of Alcohol Beverage Control.
6. The hours of operat ion shall be 6:00 A.M. - 12:00 A.M. daily, including hours of alcoholic beverage sales. Any subsequent request to increase the hours of the restaurant and/or alcohol sales requires an amendment to this Use Permit from the City of San Pablo, and in no event shall the hours of operation extend past midnight.
7. The applicant, in the operation of the business, shall not sell alcohol to a minor; sell alcohol without valid identification verifying age; or sell alcohol outside of the permitted hours. If two such violations occur in a 12-month period, the Use Permit may be revoked.
8. The business shall have and maintain an Odin/Milestone compatible security camera system which is front facing (entry and parking lot) and accessible to the Police Department.
9. Upon closing, the management or its representatives shall not allow patrons to loiter in or about the business and shall not furnish or sell alcohol to anyone on the premises.
4 10. The business shall affix “NO LOITERING” signs to the building that are easily visible by the public. It is the store management or its representatives’ responsibility to ensure that loitering does not occur on the premises.
11. The applicant shall be subject to an annual review of calls for service from the Police Department, during which the Police Department may request voluntary modifications to the security plan or other measures to reduce the number of calls for service.
12. The applicant shall maintain a valid City of San Pablo business license and all permits and licenses needed to sell alcoholic beverages.
13. All tenant improvements requiring a building permit shall be obtained through the Community Development Department prior to implementation
14. No illegal signs, pennants, banners, balloons, flags, or streamers are to be used on this site at any time.
15. All signs shall be subject to the review and approval by the City. No other outside displays are permitted. Prior to the installation of any signs, the applicant shall obtain design review approval from the Planning Division, and building permits from the Building Department.
16. The site shall be kept clean of all debris (boxes, junk, garbage, etc.) at all times.
17. If the use granted by this Conditional Use Permit is discontinued for a period of six consecutive months, the Use Permit shall automatically expire.
18. If the Zoning Administrator finds evidence that conditions of approval have not been fulfilled or that the use has resulted in a substantial adverse effect on the health, and/or general welfare of users of adjacent or proximate property, or have a substantial adverse impact on public facilities or services, the Zoning Administrator may refer the review of the permit to the Planning Commission at that time. If, upon such review, the Commission finds that any of the results above have occurred, the Commission may modify or revoke the Use Permit.
19. The Chief of Police shall monitor the convenience market’s compliance and shall request that the Zoning Administrator revoke the permit if the business fails to comply with the- conditions or it is deemed by the Police Department that the premise is becoming, or has become, a public nuisance.
20. Failure to comply with any of the terms or conditions of this Use Permit is a violation of the City of San Pablo Municipal Code, subject to the enforcement provisions prescribed by Chapter 17.10, Enforcement, and any and all other penalties and remedies that may be provided by law.
21. Any Use Permit granted in accordance with the terms of the City of San Pablo 5 Municipal Code may be revoked if any of the conditions or terms of such permit are violated, the use is discontinued, or if any law or ordinance is violated in connection therewith.
22. Indemnification: Pursuant to Government Code Section 66474.9, the applicant (including any agent thereof) shall defend, indemnify, and hold harmless the City of San Pablo and its agents, officers. or employees from any claim to attack. set aside, void or annul, the City's approval concerning this planning application, which action is brought within the time period provided for in Section 66499.37.
The City will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense.
BE IT FURTHER RESOLVED that the Planning Commission of the City of San Pablo hereby revokes Conditional Use Permit #1212 and replaces it with the Conditional Use Permit approved above.
BE IT FURTHER RESOLVED that the foregoing recitations are true and correct, and are included herein by reference as findings.
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Adopted this 26th day of November 2024, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST: APPROVED:
________________________ __________________ Elizabeth H. Tyler, Secretary Jerome Jackson, Chair