APPEAL OF PLANNING COMMISSION
APPROVAL OF A COMMISSION USE PERMIT
AND WAIVER TO ALLOW THE OFF-SALE OF
BEER AND WINE AT AN EXISITING MARKET
AT 2208 EAST MAIN STREET
(APN 155-350-01) (APPLICATION NO. P23-0182)
Agenda Item 16.1
City Council Meeting
December 3, 2024
Appeal
• PC Approval July 25, 2024 (5-0 vote)
• Commission Use Permit and Waiver to allow the
off-sale of beer and wine at an existing market
• Appeal filed on August 5, 2024 by Mary
Elizabeth, citing:
• Concerns of over-concentration of alcohol licenses
Location
Project Site
General Plan / Zoning
RM
RL
Additional Zoning Districts: RL (Residential, Low Density) and RM (Residential, Medium Density)
Zoning District: CG (Commercial, General)
Low Density Residential
GP land use designation: Commercial
Medium Density Residential
Existing Off-Sale Licenses within 500 feet
Market Liquor store
Project Site
Staff Analysis
• Location Restrictions (SMC 16.80.040)
• 500 feet of a school, youth facility, daycare, religious facility, etc. (MET)
• Not located in a Crime Reporting District that exceeds 20% citywide average (MET)
• 500 feet from another off-sale establishment (NOT MET) • Requires waiver per SMC 16.80.040(D)(2)(d)(ii)(B)
• Not create a grouping of four or more off-sale establishments within 1,000 feet (MET)
• All Use Permit and Waiver findings made in the affirmative • Meets development standards for parking, site access, etc Project Details
• Existing 3,600± Market
“Mi Ranchito Market and Carniceria”
• Add off-sale of beer and wine (Type 20 License)
• Dedicate no more than 20% of floor area to
the sale and display of alcoholic beverages
• Distilled spirits will not be sold
Staff Analysis – Appeal Specific
• Concerns of overconcentration
• Planning Commission determined that public convenience or necessity would be served by the Market selling beer and wine for the convenience of its customer demand
• The existing Market sells a wide variety of grocery, clothing, beverage goods and operates a carneceria offering preferential cuts of meat • Only 2 off-sale establishments are in close proximity (500') to the Market; remaining 6 licenses are dispersed on the peripheral of the large census tract boundary
• The Use Permit Project conditions of approval will ensure the use will not result in loitering, vandalism, illegal sales, public drunkenness and other nuisance activities
Staff Recommendation
Adopt Resolution:
Denying the appeal and affirming the Planning
Commission’s approval of a Commission Use
Permit and Waiver to allow the addition of off-sale
beer and wine within the existing market at 2208
East Main Street, in accordance with the findings
and subject to the conditions in the proposed
resolution.