The URL can be used to link to this page

Home My WebLink AboutPC Staff ReportTitle: E r f -uryt CORPOSAMSV CITY OF NATIONAL CITY- PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NA T TONAL CITY, CA 91950 PLANNING COMMISSION STAFF REF-Gra. Item no. 3 November 4, 2013 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT REDBIRD MARKET LOCATED AT 2035 HIGHLAND AVENUE. Case File No.: 2013-18 CUP Location: Northeast comer of Highland Avenue and East 21st Street Assessor's Parcel No.: 561-271-04 Staff report by: Michael Fellows — Planning Technician Applicant/Owner: Laith Arabo Zoning designation: MXC-2 Major Mixed -Use Corridor (MXC-2) Adjacent land use/zoning: North: Single -Family Residential / MXC-2 East: Single -Family Residential / RS-3 South: Commercial across E. 21st Street ! MXC-2 West: Commercial across Highland Ave. / MXC-2 Environmental review: Not a project per CEQA BACKGROUND Site Characteristics The project site is located at the northeast corner of Highland Avenue and East 21st Street in the Major Mixed -Use Corridor (MXC-2) zone. The property is developed with a two-story, mixed use development consisting of a market (Red Bird) on the ground level and one residential unit on the upper level. The building is 3,364 square feet located on a 9,853 square -foot lot. There are seven on -site parking spaces. The business has a lawful non -conforming Type 20 (beer and wine) license issued by the California Department of Alcoholic Beverage Control (ABC). Proposed Use The applicant is requesting to add distilled spirits retail sales to the market for off -site consumption. The store operates Monday through Friday from 8:00 a.m. to 10:00 p.m. and until 11:00 p.m. on Saturday. No change in hours is proposed. Per the attached floor plan (Exhibit A), distilled spirits would be stored in a secure cabinet located behind the cashier area. Beer and wine is currently displayed in and next to a cooler located on the north side of the store. No change in location of beer and wine is proposed. Analysis Section 18.30.050 of the National City Land Use Code allows for off -site alcohol sales with an approved Conditional Use Permit (CUP). The addition of distilled spirits triggers the need for a CUP and would also include analysis of the previous nonconforming alcohol sales products. Alcohol Sales Concentration/Location ABC records indicate that there are currently six businesses approved for off -sale alcohol permits in the subject census tract (116.01). Of the six businesses, two are off - sale general outlets (beer, wine, and distilled spirits) and four are off -sale beer and wine outlets: Business Name Sits Address License Type* CUP Keg N Bottle 2335 Highland Ave 21 N High Bev Liquor 2111 Highland Ave 21 N National City Market 220-240 E. 18th St 20 N Highland Service Station 1803 Highland Ave 20 Y Red Bird Market 2035 Highland Ave 20 N Highland Arco 2336 Highland Ave 20 Y * Type 20 - Off -Sale Beer and Wine Type 21 - Off -Sale General (beer, wine, and distilled spirits) The two off sale general outlets located in this census tract are both located on Highland Avenue. Hi Bev Liquor is located directly across East 21st Street approximately 80 feet away from Red Bird Market. Keg N Bottle is located three blocks north on the corner East 24th Street and Highland Avenue. Census tract 116.01 includes the area of the City between East 18th and 24th Streets, and between National City Blvd. and "L" Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of three off sale alcohol permits be issued in this census tract, where six exist. Chapter 18.30.050 (C) requires that the applicant conduct a community meeting to inform residents of the proposal. Department policy requires that the meeting be held at a reasonable time when community members will most likely be able to attend (e.g. evenings during the work week or weekends). The applicant's community meeting was held on a Friday at 9:00 a.m., inconsistent with this requirement. The applicant states that four people attended the meeting and that no questions were posited by the attendees. Chapter 18.30.050 (D) requires a 660-foot distance from sensitive uses such as schools. The nearest school is Otis Elementary, which is located approximately 950 feet away to the northwest across Highland Avenue. The applicant also submitted a petition that was signed by 384 people in support of the application. Police Department comments Crime statistics provided by PD indicate that the reporting area (Beat 23) had a 2012 crime rate of 112%, This beat has the highest crime rate in the City; however, it is below the 120% considered to be a high crime area. Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Red Bird Market received 14 points, which would indicate a medium risk. The Risk Assessment is attached. Institute for Public Strategies comments An acccccment of the pr,opos , was also received from the Institute for Public Strategies (IPS). Issues mentioned included proximity of the subject property to land uses that include: schools and churches, Operation Samahan Youth Center, and a nearby Alcoholics Anonymous location. Also, graffiti problems were noted on the property and "homemade" two packs of beer were observed for sale. Conditions of Aoorovai Standard Conditions of Approval have been included with this permit, as well as conditions specific to off sale alcohol sales per Council policy (no single sales, cup and ice prices; signaae, etc.). There are also conditions requiring that coolers and/or cabinets containing alcohol products be locked after sales hours, and for video surveillance equipment to be installed. In addition to the conditions listed above, there are also two conditions related to property use and appearance. The first is related to the abatement of graffiti, which has been observed on site. The second is related to parking in the public right-of-way, which occurs on a regular basis on the wide sidewalk to the south of the market. The building is located approximately seven feet from the south property line, adjacent to a wide section of sidewalk (approximately 15 feet). There are four parking spaces marked out on the sidewalk that were not permitted by the City. As a result, vehicles are often parked adjacent to the building, which partially block the right-of-way. Furthermore, parking spaces are not permitted within an exterior side yard setback, as is the case here. Condition number 25 has been added to require the removal of these parking spaces. The condition also requires that permits submitted for construction show the correct location of the property line. Summary The business has an existing nonconforming ABC license that predates the City's CUP requirement for off sale alcohol sales. The census tract in which the market resides is over -concentrated with regard to alcohol licenses; therefore, the addition of distilled spirits to the existing license would exacerbate the over -concentration situation. Although there would technically be no increase in the number of ABC licenses in census tract 116.01, there is an existing liquor store across the street that already sells distilled spirits. As such, there is no public convenience or necessity served by adding distilled spirits sales at Redbird Market. Based on the risk factors indicated by the Police Department and the proximity of the business. to sensitive uses — as specified by the Institute for Public Strategies — the Planning Department is recommending denial of the Conditional Use Permit request. RECOMMENDATION 1. Deny 2013-18 CUP based on attached findings/findings to be determined by the Planning Commission; or 2. Continue the public hearing to a specific date; or 3. Approve 2013-18 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Denial/Approval 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Community Meeting Info 6. Police Department Comments 7. Institute for Public Strategies comments 8. Public Hearing Notice (Sent to 390 property owners and occupants) 9. Site photos 10. Applicant's Plans (Exhibit A, case file no. 2013-18 CUP, dated 9/24/2013) MICHAEL FELLOWS BRAD RAULSTON Planning Technician Executive Director RECOMMENDED FINDINGS FOR DENIAL 2013-18 CUP, 2035 Highland Ave. 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is an over -concentration of off -sale alcohol licenses in census tract 116.01 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since alcohol is currently offered at six other outlets, including two that sell distilled spirits, within the same census tract. 3. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of distilled spirits pursuant to law. RECOMMENDED FINDINGS FOR APPROVAL 2013-18 CUP, 2035 Highland Ave. 1 That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to an existing grocery market in an existing commercial area, and since the sale of liquor is not expected to increase the demand for parking on the property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Highland Avenue is classified as an arterial street in the Circulation Element, and the addition of alcohol sales is expected to result in minimal increased traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a grocery store, an established and allowed use in the applicable mixed -use zone. b. That public convenience and necessity may be served by a proposed use of the property for the retail safes of distilled spirits pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2013-18 CUP, 2035 Highland Ave. General 1 This Conditional Use Permit authorizes the sale of beer, wine and distilled spirits at Redbird Market located at 2035 Highland Ave. Plans submitted for permits associated with this project shall conform with Exhibits A, Case File No. 2013-18 CUP, dated 912412013. 2. Within four (4) days of approval, pursuant to Fish and Game Code, 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay a!I necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the C_onditiona! Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 7. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all paring lots and outbuildings and any property or adjacent property under the control of the applicant, 12.AIi cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be von free of charge. 13. ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge, 14.The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2013-18 CUP, dated 9/24/2013. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. The current exhibit does not show the location of wine; therefore, it will need to be modified to show a location subject to approval by the Planning Department. 15. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 16. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to, the exterior from within, are prohibited. interior displays of alcohoiic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities durinci the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of aii other items. Said records shaii be kept no iess frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19.Al1 sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and onagers. The KISS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20.The sale of alcoholic beverages shall be limited to the hours of 8:00 a.m. to 10:00 p.m. Monday through Friday, and 8:00 a.m. to 11:00 p.m. on Saturdays. 21.Coolers and/or cabinets containing alcohol products shall be !poked and made inaccessible to the public outside of the hours listed in condition number 20_ or as modified through permit modification. 22. No ; vi; ; operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides intended to cater to children. 23.As part of this permit, security cameras shall be installed on the premises. 24. Exterior wails of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Planning Department. Graffiti shall be removed within 72 hours of its observance as required by Chapter 10.54 — Graffiti Control — of the National City Municipal Code. 25. No parking is permitted between the building and East 21st Street. The parking spaces marked on the concrete on the south side of the building shall be removed. "No Parking" signs shall be posted on the south side of the building. The City Manager or designee may require additional measures to discourage parking in this area should the aforementioned remedy not be effective (e.g., landscaping, bollards, etc.). Police 26. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. RM-3 2005 t 2004 Go 0 0 0 tD - 2030 E 21 st St 2115 • 2100 2140 E 22nd St IMP 1 J Project Locations Z0 erB'c+-Unda.r; 1931 04 G7 E 201th St 2005 2027 2035 RM-2 ' cia 12004 2018 a MXC-2 1 co 2111 °° 2115 2127 2151 2207 e 1 2104 2120 2126 2130 fD RS-3 Go N Go 2007 2015 2025 2031 co 2107 i I i I Feet 0 75 150 300 API'': 561-271-04 Planning Commission Location Map 2013=18 CUP 10.22.13 39.02 38 i 36.0 36.04' 1/1 36.03 18.02 L. 119.02 220 118.0 1 20.02.- 117. 120.03 . 32.02 NATIONA1 v‘ 121.02 116.01 121.01 C I T-Y.s 122 116.02 .21' I A 3 A. .09 IS E 32.01 .. 125.02 124.01 0 123.03 124.02 123.04 123.02 G 32.11 32.12 32.04 seos 7 ek 10 et Mahood� Lae Payee a< - 4...mateLegabottiAtara La Vi,ska Carnettrt :P Genera 4 V, 'F` 0._ an M-200b ttcMetal corfluS re All ilgOte res lyad Po ane 01,40-805 trilall6hiebd Certain maiRit dirogarmlet. lB`lQ05HI TE4 95I rigriga to erred- NAOMI:rand frq. Et2CAN B0.9Dire tradirean s0f I htkilireidTile s and- le &as NorthAmifica ere tradernafisofTeleileas•Ic. o'er Feakki • rt StEri Diggs Sweetwater CotetyPtaii e Coorip radan:Allil rasenee 130STela'At a NaltuAsnettta,7nc. City of National City Beat 23 Source: Microsoft Mappoint NCPD CAU, 4/18/07 0\e'" Re: Redbird Market Dr Ed Brand Sweetwater District 1130 5th avenue Chula Vista,Ca Dear Dr Brand ABCO CONSULTING 2010 MT LANGLEY ST CHULA VISTA, CA 619-942-1551 619-934-6590 January 5,2013 The Arabo family operators of Redbird Market 2035 Highland Ave, National City, based upon the request of their customers, and a desire to stay competitive, with the influx of "Super Size Mercado's", Locating and focusing in on the National City market. The middle size stores who have served National City for years, are in jeopardy, to that end, we will be seeking an upgrade to the existing conditional use permit for a type 21 license. In order to maximize community participation, the planning department has asked that we schedule community education meeting, to that end, the meeting is scheduled January 25,2013 at 9:00 am at the National City, Larry Bennett, American Legion Hall, Post 255,Meeting Room 35 E 18TH Street, National City, CA 91950. I am attaching minutes to a previous meeting that was held on this application, last year, but was withdrawn. AGENDA RED BIRD C.U.P. UPGRADE EDUCATIONAL MEETING January 25, 2013 American Legion Hall 9:00 a.m. 1. Introduction and Purpose - ABCO Consulting 2. Questions and Answers - ABCO Consulting 3. Adjournment MINUTES The meeting was called to order at 9:00 a.m. The purpose of the project was explained. There being no questions relative to the proposed project, the meeting adjourned at 9:45 a.m. yi Signed: Augie Bareno, Representative ABCO Consulting REDBIRD MKT CONDITIONAL USE PERMIT EDUCATION MEETING JANUARY 25,2013-LARRY E.BENNETT AMERICAN LEGION POST 255 35 EAST 18TH STREET, NATIONAL CITY, CA 91950-9:00 TO 10:00 am IN ATTENDANCE AUGIE BARENO, ABCO CONSULTING ON BEHALF OF APPLICANT REDBIRD MKT/LAITH ARABO. MONICA BONILLA, LEGION VOLUNTEER AUGIE BARENO OPENED THE MEETING AT 9:05 am, MONICA BONILLA A LEGION VOLUNTEER, WHO HAPPENS TO BE A CUSTOMER OF REDBIRD, UPON HEARING COMMENTS REGARDING THE STORE DECIDED TO SIT IN. AUGIE BARENO PROVIDED A GENERAL BACKGROUND OF THE STORE AND EXPLAINED THAT THIS EFFORT TO UPGRADE THE LIQUOR LICENCE COMES FROM THE REQUEST OF CUSTOMERS AND THE IMPACT THAT MIDDLE TO SMALL STORES THAT CATER TO THE HISPANIC CONSUMER IN MEATS AND OTHER GOODS ARE FEELING AS THE RESULT OF LARGE CHAINS LIKE EL SUPER CONCENTRATING ON THE NATIONAL CITY MARKET.THIS IS AN EFFORT TO BE ABLE TO STAY COMPETITIVE. ALSO REDBIRD HAS BEEN DEEPLY COMMITTED TO COMMUNITY CAUSES SUCH AS SUHI FOOTBAL, GIRLS SOFTBALL, MAAD AND MANY OTHER ACTIVITIES. SEEIN NO FURTHER QUESTIONS OR DINTS OF DISCUSSION, THE MEETING WAS ADJOURNED AT 9:33 am. REDBIRD MKT CONDITIONAL USE PERMIT EDUCATION MEETING JANUARY 25,2013-LARRY E.BENNETT AMERICAN LEGION POST 255 35 EAST 18T= STREET,NATIONAL CITY ,CA 91950 SIGN IN SHEET ADDRESS Q. 7./ .. CLI ((% 9 3-7/ xo PHONE/EMAIL DATE: Jul NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT 28. 2013 BUSINESS NAME: Red Bird Market ADDRESS: 2035 Highland Avenue, National City OWNER NAME: Laith Arabo DOB: O7/05/1967 OWNER ADDRESS: _2035 Highland Avenue, National City (add additional owners on page 2) I. Type of Business Restaurant (1 pt) X Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) X Close by l0pm (2 pts) ❑ Close after lOpm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) C Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1pt) X Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses Der Census Tract Eli Below (1 pt) ❑ Average (2 pts) X Above (3 pts) Revised: 7/11 1 of 2 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) ❑ Below (1 pt) X Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) 0 Mostly commercial businesses (1 pt) X Some businesses, some residential (2 pts.) 0 Mostly residential (3 pts) VIII. Owner(s) records check X No criminal incidents (1 pt) ❑ Minor criminal incidents (2 pts) 0 Multiple/Major criminal incidents (3 pts) J Low Risk ( 12pts or less) Medium Risk (13 —1 Spts) High Risk (19 — 24pts) To4:5i Points 14 OWNER NAME: Laith Arabo DOB: 07/05/1967 OWNER ADDRESS: _2035 Highland Avenue, National City OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Census Tract 116.01 through the Dept of ABC allows for (3) three "Off -Sale" ABC licenses. Currently there are (6) six. (2) Of the (6) six are currently Type 21 license types. Completed by: Graham Young, Sergeant Badge ID: 365 2 of 2 South Bay community Environmental Scan For Alcohol License Upgrade Red Bird Market ic-3k l-i ch! o kEve.ntiei N i_ri_aj CC! y, CA 419 ,,C August 2, 2013 This proposed liquor license upgrade is for the Red Bird Market, located at 2035 Highland Avenue in National City. The business is located at the Northeast corner of Highland Avenue and 21st Street in National City. The Census Tract is 0116.01. The applicant is applying for an upgrade of their type 20, Off Sale Liquor License, for sale ot beer and wine, to a type 21 license, Oft sale beer, wine and distilled spirits, for consumption off of the premises where sold. The business is a neighborhood market with sales ot meat, produce and grocery items in addition to sales of beer and wine. During a scan of the business and property the following was noted: Sales at the business during an approximately 30 minute time frame in the afternoon consisted of only grocery items and one purchase of tobacco. There were more than 20 customers and there were no sales of alcohol observed. During a scan of the business, some graffiti was noticed on the exterior of the business. These areas were at the front of the business on parking poles, the ice machine and a pay phone. In the rear of the business Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92106 • Phone: 619.476-9100 • Fax: 619.476-9104 www.pubiicstrategfes. erg graffiti was noted on the outside of an exterior wall of an additional building. The covering to an electrical outlet was missing from a water machine on the south wall of the business. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org A meeting location for Alcoholics Anonymous is located at 2241 Highland Avenue and 1f 10th of a mile from the applicant location. Meetings are held in Spanish, seven days a week. Youth Sensitive Areas The location is located directly near youth sensitive areas and along one of the major walkways for students attending Sweetwater High School, !ocated at 2900 Highland Avenue. Sweetwater High School has a student population of 2,537 students. The students are in grades nine through twelve in addition to Special Education students up to age twenty-one. This equates to a very large percentage of youth demographics in the immediate area, especially when walking to and from school on both the East and West sides of Highland Avenue. f-uri. J j1 liic &If; C;r.yt) tJf,"! 1tfr :n-n7 H.m. n SerW.CeS F1_C1?r -v 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619,476-9100 • Fax: 619.476-9104 www.publicstrategies.org Inside the business, some individual containers of beer were taped together with packing tape to make "homemade" two -packs. The business also sold manufacturer's pre -packaged three -packs of alcohol. The existing license is a non -conforming "grand -fathered" license. This non -conforming license would allow sales of single -serve containers of alcohol. There were no single -serve containers observed in the business. A conditional use permit is not part of the current non -conforming type 20 license. Clear Tape Used By Retailer to Make Two -Packs Manufacturer's Pre -Packaged Three -Packs Funded by the San Diego County Health and Huraan Services Agency 2615 Camino del Rio So. #300 San Diego, California: 92108 ' Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org Sweetwater High School is located'! mile from the applicant. The schooi has a student population of approximately 2,500 students. After school activities involve approximately 500 students, mostly for academic programs. Sweetwater High School also has a Saturday school program. Operation Samahan operates a "Youth to Youth" Center nearby at 2743 Highland Avenue. They work cioseiy with stuudents. Olivewood Elementary School is located nearby at 2505 F Avenue and 4/10's of a mile southwest from the applicant. They have approximately 700 students enrolled in pre-school through the sixth grade. John A. Otis Elementary School is located nearby at 621 E. 18th Street and 3/10's of a mile northwest from the applicant. They have 500 students enrolled in grades pre-school through the sixth grade. National City Middle School is located nearby at 1701 D. Avenue and % mile northwest from the applicant. They have 780 students enrolled in grades seven and eight. Churches Several churches are in close proximity to the applicant: The Centro Cristiano Agape Church is located at 2107 "I" Avenue and 1/10`h of a mile from the applicant location. The Kingdom Hall ofJehovah's Witnesses is located at 831 E 20th St and is approximately 486 feet from the applicant location. San Diego Japanese Southern Baptist Church is located at 2605 Highland Avenue. Highland Avenue Baptist Church. is :ocated at 2605 Highland Avenue. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.public,strategies.org Outlet Density Census Tract 0116.01 is over the allowable number of Off Sale liquor outlets and has an undue concentration that exceeds the ratio of off -sale retail licenses to population. The ABC allowable number for Off Sale outlets in the Census Tract is three liquor outlets. The actual number is six, twice the number of allowable licenses. Four of the existing licenses, including the applicant are type 20 (beer and wine) and two of the existing licenses are type 21(beer, wine and distilled spirits). One of the type 21 licenses, Hi Bev Liquor, is :ocated directly across the street from the applicant at 2111 Highland Avenue, The second type 21 license, Keg N Bottle, is located 2/10th's of a mile away at 2335 Highland Avenue. Census Tracts Off -sale On -sale Census Tract 0116.01 Establishment is within this tract Allowed: 3 Actual: 6 Number Above/Below Allowable: r' Allowed: 6 Actual: 4 Above/Below: -2 Neighboring Census Tracts Tract 219 Allowed: 4 Actual: 6 Number Above/3elow Ailowable: H Allowed: 7 Actual: 10 Above/Below: Tract 116.02 Allowed: 2 Actual: 3 Number , Abcve/Beloliv A`:bwa5!e: .1 Allowed: 3 Actual: 1 Above/Below: -2 Tract 117 Aiio ead: 4 Actual: 9 Number Above/Below Allowable: Allowed: 7 Actual: 12 Above/Below: Tract 121.01 Allowed: 1 Actual: 1 Number Above/Below Allowable: - Allowed: 2 Actual: 3 Above/Below: -1 Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org Map from ABC.CA.Cov Website Showing Alcohol Outlets in National City Crime Rate The crime rate for Beat 23 in 2012, was 112%. This Beat includes the Red Bird Market. Beat 23 has the highest crime rate in the city. In 2011, the crime rate for Beat 23 was 108% and this was the second highest crime rate in the city. The crime rate has increased by 4% over the past year (2011 to 2012). A crime rate of 120% is considered a High Crime area. Funded by the San Diego County Health and Hyman Sendces Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org Community Input Parents with children attending nearby schools had strong opinions against the liquor license upgrade. A parent did not support the license upgrade. The parent noted peer pressure from other students and said tax revenue should riot be a reason for the license upgrade. The parent said community safety, not over saturation of alcohol outlets should be the priority. Two additional parents said it is easy for students to have adults purchase alcohol for them. The neighborhood markets and liquor stores are places where homeless hang out and students know they may buy alcohol for them. This easy access is a huge problem for families. One of the parents noted that they do not see homeless and addicts at the larger stores. The parent said this may be due to the easy in and out purchase from a small neighborhood store instead of making the purchase from a large grocery store. Community input identified concerns with the close proximity of this existing liquor outlet to nearby schools. One parent was concerned about the danger to her teenage son. The parent said alcohol is a drug and a temptation to her son, just like cigarettes and marijuana. Another parent said students are vulnerable when they pass by these locations on their way to and from school. Adults can purchase alcohol for the student and the students don't always make good decisions. An additional parent was firmly against the license upgrade stating that alcohol is a poison to our youth. The parent has seen the youth vulnerability to alcohol and is aware of classmates of her son who came to school intoxicated from alcohol. A parent said there should be less alcohol in National City to change the perception of the city. She said "People refer to National City as ghetto." "There is a problem with alcohol addiction in the community." Another parent said we are losing our children to alcohol and drugs. The easy access to alcohol is a problem, even for "clean students" as they are surrounded by alcohol. A manager at a nearby business said he did not have any problems related to the two nearby alcohol outlets (Red Bird Market and Hi Bev Liquor). He was in favor of the business upgrading its license. Two community members contacted in the area noted there is "A liquor store on almost every corner in National City" and this is a safety issue for our youth. The two community members did not believe the business needed to upgrade its license. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 San Diego, California, 92108 ® Phone: 619.476-9100 * Fax: 619.476-9104 www.publicstrategies.org Considerations Census tract 0116.01 currently has six off -sale licenses. The allowable number by ABC for this census tract, based by populations three and the census tract is currently over the a:lowab a number by three additiorai off - sale licenses. Two of the existing off -sale licenses are type 21 and allow for sales of beer, wine and distilled spirits. Census tract 0116.01 currently has the highest crime rate in National City with a crime rate of 112% in the year 2012. This is an increase of four percent from the 2011 crime rate. A crime rate of 120% is considered a "High Crime Area". The existing type 20 license for beer and wine sales is a "grandfathered pre-existing license and the business does not have a Conditional Use Permit (CUP). A new license would require a CUP with conditional uses or limitations as part of the license requirements. CUP conditions could include limiting the sales of "single serve" beverages as well as prevent the business current practice of taping together two bottles or cans to make "two - packs", in addition to other conditions of the license as indicated by the police department and city government. Funded by the San Diego County Hearth and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.pubficstrategies.org NitirIONAL iirrcogroRASED CITY OF NATIONAL r I ;v - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT AN EXISTING MARKET AT 2035 HIGHLAND AVENUE CASE FILE NO.: 2013-18 CUP APN: 561-27 i -04 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 4th, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request (Applicant: Laith Arabo). The applicant is requesting approval to sell distilled spirits at a market (Red Bird) previously approved to sell beer and wine. Plans are available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 5:30 p.m., November 4th, 2013, who can be contacted at 619-336-4310 or plannincanationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone &se raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director 2013-18 CUP — Redbird Market — Alcohol Sales — Site Photos Front of market looking northeast Front of market looking east Existing beer and wine displays Item no. 4 November 4, 2013 RESOLUTION NO. 24-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT REDBIRD MARKET LOCATED AT 2035 HIGHLAND AVENUE. CASE FILE NO. 2013-18 CUP APN: 561-271-04 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at Redbird Market located at 2035 Highland Avenue at a duly advertised public hearing held on November 4, 2013, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2013-18 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 4, 2013, support the following findings: 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there. Is an ever-concen+ration of of sale alcohol licenses in census tract 116.01 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since alcohol is currently offered at six other outlets, including two that sell distilled spirits, within the same census tract. 3. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of distilled spirits pursuant to Jaw. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is denied. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 4, 2013, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRPERSON