PLANNING COMMISSION AGENDA REPORT Planning and Building Department Agenda Item: #8A Project Name: Alcohol Establishments along the Coast Highway 101 Corridor. Request: Overview of on-sale and off-sale alcohol establishments along the Coast Highway 101 corridor. Project Number: N/A Prepared By: Laurie Winter, Associate Planner [email protected]Department: Planning & Building Meeting Date: December 1, 2016 Report Approval: Recommended Actions: Roy Sapa’u, Senior Planner Steve Chase, Management Consultant 1. Receive staff’s presentation; and 2. Provide input or further direction, as appropriate. BACKGROUND: On October 20, 2016, the Planning Commission requested that staff return with a presentation regarding the concentration of existing on-sale and off-sale alcohol establishments along the Coast Highway 101 corridor. ANALYSIS: A. Existing Establishments Currently, there are 83 alcohol establishments along the Coast Highway 101 corridor. The following table provides a breakdown of the establishments by type (on-sale or off- sale) and by community. Alcohol Establishments Cardiff Old Encinitas Leucadia Total On-Sale 15 37 17 69 Off-Sale 3 6 5 14 Total Number of Establishments 18 43 22 83 DECEMBER 1, 2016 ITEM 8A 1 of 20
Transcript
PLANNING COMMISSION AGENDA REPORT
Planning and Building Department
Agenda Item: #8A
Project Name: Alcohol Establishments along the Coast Highway 101
Corridor.
Request: Overview of on-sale and off-sale alcohol establishments
OFF-SALE LICENSES# NAME OF ESTABLISHMENT STIE ADDRESS ABC LICENSE PLANNING CASE 1 7 ELEVEN 102 LEUCADIA BLVD 21 N/A2 7 ELEVEN 1766 N COAST HIGHWAY 21 14-254 MIN/CDP3 7 ELEVEN 105 W D STREET 20 N/A4 CHUAO CHOCOLATIER 937 S COAST HIGHWAY, STE C109 20 N/A5 EL TORITO MARKET 948 N COAST HIGHWAY 20 03-012 MIN/CDP6 FARR BETTER SPIRITS INC 332 N COAST HIGHWAY 21 N/A7 LEUCADIA LIQUOR 640 N COAST HIGHWAY 21 N/A - NON CONFORMING8 MAR VISTA LIQUOR 2117 SAN ELIJO AVE 21 N/A9 QUEEN EILEENS 548 S COAST HIGHWAY 20 N/A10 ROYAL LIQUOR 1496 N COAST HIGHWAY 21 N/A - NON CONFORMING11 SAN ELIJO CAMP STORE S COAST HIGHWAY 20 N/A12 SEASIDE MARKET 2087 SAN ELIJO AVE 21 15-300 MIN13 THIRD CORNER WINE SHOP 897 S COAST HIGHWAY, STE F 20 99-248 MUP14 WHOLE FOODS 687 S COAST HIGHWAY 21 N/A
DECEMBER 1, 2016 ITEM 8A 10 of 20
PLANNING COMMISSION
AGENDA ITEM #8A
DECEMBER 1, 2016
On-Sale and Off-Sale Alcohol Establishments
Attachment PC-3
Sheriff Department Calls for Service (January 2014 through October 2016)
DECEMBER 1, 2016 ITEM 8A 11 of 20
ATTACHMENT PC-3
On-Sale Alcohol Serving Establishments
Sheriff Department Calls For Service1
Along 101 Corridor
* Three Year Report *
January 2014 thru October 2016
Name of Establishment Business Address 20142015
2016Total
1st Street Bar 656 S Coast Hwy 101 15 7 5 27
American Legion Post 416 210 W F Street 0 0 0 0
Beachside Bar & Grill 806 & 810 S Coast Hwy 101 1 6 2 9
Bella Giulia 90 N Coast Hwy 101 0 0 0 0
Best Pizza & Brew 102 Aberdeen Dr 0 0 3 3
Bier Garden 641 S Coast Hwy 101 1 0 1 2
Birds Eye Kitchen 540 N Coast Hwy 101 0 0 1 1
Blue Ribbon Artisan Pizzeria 897 S Coast Hwy 101 1 0 0 1
Solace & Moonlight Lounge 25 East E Street 9 2 1 12
Solterra Winery 934 N Coast Hwy 101 1 0 1 2
St. Tropez Bakery & Bistro 947 S Coast Hwy 101 3 1 0 4
Summers at the Besta Wan 148 Aberdeen Dr 4 1 0 5
Sushi Do (Sakura Bana) 1031 S Coast Hwy 101 0 0 0 0
The Kraken 2531 S Coast Hwy 101 3 13 7 23
The Taco Stand 642 S Coast Hwy 101 0 0 3 3
Third Corner Wine Shop & Bistro 897 S Coast Hwy 101 0 1 3 4
Tower 13 2633 S Coast Hwy 101 1 1 0 2
Trattoria I Trulli 830 S Coast Hwy 101 0 0 0 0
Trattoria Positano 2171 San Elijo Ave 0 0 0 0
Union Kitchen & Tap 1108 S Coast Hwy 101 1 3 1 5
Urbn Pizza 764-766 S Coast Hwy 101 0 0 1 1
Via Italia 565-569 S Coast Hwy 101 0 2 0 2
Vigiluccis 530-534 N Coast Hwy 101 0 1 0 1
Wine Steals Cardiff 1953 San Elijo Ave 0 0 1 1
91 88 70 249
(1) Calls for service include noise complaints and drunk in public or disturbance calls from residents or a passerby.
DECEMBER 1, 2016 ITEM 8A 13 of 20
PLANNING COMMISSION
AGENDA ITEM #8A
DECEMBER 1, 2016
On-Sale and Off-Sale Alcohol Establishments
Attachment PC-4
City Council Resolution 1996-37
DECEMBER 1, 2016 ITEM 8A 14 of 20
RES4LUTIQN NO. 96-37
A RESQLUTION (}F THE CITY OF ENCINITAS, CALIFORNIA, ADUPTINGCR3TERIA T4 ENABLE THE CITY TO MAKE FINDINGS OF PUBLIC
CONVENIENCE OR NECESSITY PURSUANT TO SECTION 23958.4(b}2 OF THESTATE OF CALIFtJRPIIA BUSINESS AND PROFESSIOtNS C(?DE AND GRANTING
REVIEW AUTHORITY TO THE CITY MANAGER
t~THEREAS, Business atad Professions Code Section 23958.4(b}2 stipulates that the StateAlcohol Beverage Control Board may grant a license to an applicant premise if the "localgoverning body of the area in which the applicant premises are laca~ed determines that publicconvenience or necessity would be served by the issuance" of the Iicense; and
WHEREAS, there is no definition of "Public Convenience , or Necessity" in State orMunicipal Codes and the City Council needs to provide direction to staff relative to the review oflicense applications as the findings for public convenience ar necessity may be determined;
NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of Encinitas,California., as follows:
A. AUTHORITY TO RENDER DETERMINATIONS OF PUBLIC CQNVENIENCEUR NECESSITY
1. The City Manager or the City Manager's designated representatives) shall review applicationspursuant to the standards set forth in Section B of this resolution.
2. Arty deterrrtinatian made by the City Manager or the CYty Manager's designatedrepresentatives) may be appealed to the City Council in accordance with Municipal Code Chapter1.12.
B. STANDARDS TO REVIEW IN RENDERING DETERIVITNATIt?NS OF PUBLICCONVENIENCE t~R NECESSITY
An applicant must provide 'evidence to the authorized agency that the applicant premises areintended to provide consumers with merchandise or services separate from alcohol beverages andthat consumers visiting the premises would purchase alcohol beverages as a secondary item to othermerchandise or service. Evidence to consider may include, but shall not be limited to
a. Factua] data. showing that the premises will have a majority of door space devoted to foodor other merchandise with a minority of floor space devoted to alcohol beverages. A typical usemeeting this criteria would be a supermarket or other food stare with alcohol beverages offered asone of many products.
b. Information froze the Encinitas Substation of the San Diego County Sheriff that similarestablishments within the. City of Encinitas have not contributed significantly to the crime ratewithin the City of Encinitas.
2, NECESSITY
An applicant must provide evidence to the authorized agency that a substantial public demand forthe product cannot otherwise be satisfied unless applicant's permit is approved. Information to beconsidered may include, but shall not be limited to:
a. Factual data. showing that the applicant premises wi11 provide an unique experience whichcould not otherwise be met within the City of Encinitas. Aspects of the unique experience mayinclude ambiance, aesthetics or provisions of specialized services at the applicant premises.
b. Information from the Encinitas Substation of the San Diego County Sheriff that similarestablishments within the City of Encinitas have not contributed significantly to the crrtne ratewithin the City of Encinitas.
C. PROCESSING PROCEDURES
The application for determination of public convenience or necessity is to be submitted to theCommunity Development Department. Following a review of all factual data, the determinationshall be mailed to the applicant, ABC and any interested party. The determination may includespecific conditions to insure that the use of the applicant premises will be maintained in a mannerconsistent with any approved findings of public convenience or necessity.
bw:resaahc
~ /~ ~~ 317DECEMBER 1, 2016 ITEM 8A 16 of 20
PASSED AND Ai~OPTED this 15th day of May, 1996, by the foiiowing vote, to wit:
AYES: Aspell~,NAYS: NoneABSTAIN: NoneABSENT: None
Bond, Davis, DuVivier, Hano~
ATTESTATItJN:
DEBORAH CERVONE, City Clerk
bw:resaabc
A.MES BOND, Mayor
DECEMBER 1, 2016 ITEM 8A 17 of 20
PLANNING COMMISSION
AGENDA ITEM #8A
DECEMBER 1, 2016
On-Sale and Off-Sale Alcohol Establishments
Attachment PC-5
California Business and Professions Code
Sections 23816 and 23958.4
DECEMBER 1, 2016 ITEM 8A 18 of 20
ATTACHMENT PC-5
CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 23816 AND 23958.4
SECTION 23816
The number of premises for which an onsale general license is issued shall be limited to one for each
2,000, or fraction thereof, inhabitants of the county in which the premises are situated. No additional
onsale general licenses, other than a renewal or transfer or as permitted by Section 23821i, shall be
issued in any county where the number of all premises for which onsale general licenses are issued is
more than one for each 2,000, or fraction thereof, inhabitants of the county. No onsale general license
shall be issued in lieu of or upon the cancellation or surrender of an onsale beer and wine license.
SECTION 23958.4.
(a) For purposes of Section 23958, "undue concentration" means the case in which the applicant
premises for an original or premises-to-premises transfer of any retail license are located in an area
where any of the following conditions exist:
(1) The applicant premises are located in a crime reporting district that has a 20 percent
greater number of reported crimes, as defined in subdivision (c)ii, than the average number of reported
crimes as determined from all crime reporting districts within the jurisdiction of the local law
enforcement agency.
(2) As to on-sale retail license applications, 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.
(3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in
the census tract or census division in which the applicant premises are located exceeds the ratio of off-
sale retail licenses to population in the county in which the applicant premises are located.
(b) Notwithstanding Section 23958, the department may issue a license as follows:
(1) With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail
license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section
25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's
license, if the applicant shows that public convenience or necessity would be served by the issuance.
(2) With respect to any other license, if the local governing body of the area in which the
applicant premises are located, or its designated subordinate officer or body, determines within 90 days
of notification of a completed application that public convenience or necessity would be served by the
issuance. The 90-day period shall commence upon receipt by the local governing body of (A) notification
by the department of an application for licensure, or (B) a completed application according to local
requirements, if any, whichever is later.
If the local governing body, or its designated subordinate officer or body, does not make a
determination within the 90-day period, then the department may issue a license if the applicant shows
the department that public convenience or necessity would be served by the issuance. In making its
determination, the department shall not attribute any weight to the failure of the local governing body,
DECEMBER 1, 2016 ITEM 8A 19 of 20
ATTACHMENT PC-5
or its designated subordinate officer or body, to make a determination regarding public convenience or
necessity within the 90-day period.
i 23821. Whenever it is made to appear to the department by satisfactory evidence that the population in
any county has increased by more than 2,000 or multiples of 2,000 inhabitants since the most recent United
States decennial or special census, and it appears to the department that by reason thereof the inhabitants
of the county are unjustly and unfairly discriminated against, and if the total number of on-sale general
licenses in such county do not then exceed the maximum specified in Section 23816, the department, subject
to the limitation contained in Section 24070, may issue not to exceed one on-sale general license for each
increase of 2,000 inhabitants in the county since the taking of the census.
Whenever it is made to appear to the department by satisfactory evidence that the population in any county
has increased by more than 2,500 or multiples of 2,500 inhabitants since the most recent United States
decennial or special census and it appears to the department that by reason thereof the inhabitants of the
county are unjustly and unfairly discriminated against, and if the total number of off-sale general licenses in
such county do not then exceed the maximum specified in Section 23817, the department, subject to the
limitation contained in Section 24070, may issue not to exceed one off-sale general license for each increase
of 2,500 inhabitants in the county since the taking of the census.
Before any applications for new original on-sale general or new original off-sale general or intercounty
transfer of off-sale general or on-sale general licenses are accepted, the department shall publish pursuant to
Section 6061 of the Government Code in the county where such new original licenses may be issued or into
which off-sale general or on-sale general licenses may be transferred, notice of the department's intention to
receive applications for the issuance of such new original licenses or for the intercounty transfer of off-sale
general or on-sale general licenses, setting forth the date, time, manner and place of acceptance of such
applications within the county. In all other respects the limitation hereinbefore provided for shall continue in
effect.
ii "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of
