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Staff Report #20-016-PC

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Staff Report #20-016-PC Community Development STAFF REPORT Planning Commission Meeting Date: 3/9/2020 Staff Report Number: 20-016-PC Public Hearing: Use Permit/Aparna Saha/710 Willow Road Recommendation Staff recommends that the Planning Commission approve a use permit to allow the sale of beer and wine at an existing convenience store for off-premises consumption. The convenience store is associated with an existing service station at 710 Willow Road in the C-4 (General Commercial) zoning district. In accordance with the requirements of the California State Department of Alcoholic Beverage Control (ABC), staff recommends that the Planning Commission find that the off-sale of alcohol at this location (ABC Type 20 License) serves a public convenience or necessity. Staff also recommends that the Planning Commission deny a use permit to operate the existing service station and associated convenience store at the site 24 hours a day. The recommended actions are included as Attachment A. Policy Issues Each use permit request is considered individually. The Planning Commission should consider whether the required use permit findings can be made for the proposal and whether the sale of beer and wine at this location serves a public convenience or necessity. The Planning Commission should also consider whether the existing service station and associated convenience store should be permitted to operate 24 hours a day, or whether the business should be closed between the hours of midnight and 6:00 a.m. Background Site location The subject property is located at 710 Willow Road, in the northeast corner of the intersection of Willow Road and O’Keefe Street, and is accessible from both Willow Road and O’Keefe Street. To be consistent with the orientation of the building, this report refers to Willow Road as the front of the property. The adjacent parcel to the north at 718 Willow Road is also in the C-4 (General Commercial) zoning district and is occupied by acupuncture, massage therapy, and chiropractic uses. The adjacent parcels to the east and south across O’Keefe Street are in the R-3 (Apartment) zoning district and occupied by a mix of single-family and multi-family residences. Parcels to the west across Willow Road are zoned PF (Public Facilities) and are the site of the Menlo Park Veterans Affairs Medical Center. A location map is included as Attachment B. Previous Planning Commission review On January 14, 2019, the Planning Commission approved a proposal to convert an automotive mechanic shop into additional convenience store area, install new exterior doors and windows, and make changes to the trim and colors on the exterior of the convenience store building. The applicant received a building City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Staff Report #: 20-016-PC Page 2 permit for the alterations in February 2019, and the work was completed in August 2019. Analysis Project description The applicant is requesting a use permit to operate the 76 service station’s existing gas pumps and convenience store 24 hours a day, and also a use permit to allow the sale of beer and wine for off- premises consumption (ABC Type 20 license) between the hours of 6:00 a.m. and 2:00 a.m. the following day. The site is currently developed with eight fueling stations, a 1,000-square foot snack shop and a 160- square foot storage shed, totaling 1,160 square feet of gross floor area. The fueling pumps and convenience store are currently open daily from 6:00 a.m. to midnight. No changes are proposed to the existing site improvements. The project plans and the applicant’s project description letter are included as attachments C and D, respectively. The applicant states the existing convenience store sells a number of products including a variety of snacks, coffee and soft drinks, tobacco products, and items related to vehicle maintenance such as automotive oil and air fresheners. The proposed alcohol sales would be limited in size relative to the overall business, occupying approximately 20 percent of the existing wall cooler space. The applicant indicates that the convenience store cash register presently has software programmed to restrict sales of tobacco without scanning the date of birth from a purchaser’s ID. Cashiers are trained on the use of the register software and specific regulations regarding the sale of tobacco. The applicant states that the same principles and protocols would be implemented with regard to the sale of alcohol to prevent any illegal sales to minors. Determination of public convenience or necessity One of the components of the proposed application is the determination of public convenience or necessity, as required by ABC. Prior to the licensing of a new “off-sale alcohol” establishment, ABC requires the local jurisdiction to make a determination of public convenience or necessity. In Menlo Park, such a determination is made by the Planning Commission (unless appealed to the City Council), in conjunction with any associated application such as a use permit for the off-site retail sale of alcohol. The criteria for this determination are not explicitly defined by State or City code, and each determination is reviewed on a case-by-case basis to consider the specific factors involved. As a mixed-use corridor in the Willows neighborhood, the section of Willow Road between Middlefield Road and US 101 currently contains a variety of uses, including alcohol sales. Three businesses in the area, all grocery stores, currently have off-sale ABC licenses: • Hacienda Super Mercado – 1933 Menalto Avenue (Type 20 – beer and wine) • The Willows Market – 60 Middlefield Road (Type 21 – beer, wine, and spirits) • El Rancho Market – 812 Willow Road (Type 20 – beer and wine) Of the businesses listed above, all three are in the same census tract as the subject parcel. ABC has indicated that the addition of a fourth off-sale alcohol license would mean the census tract is considered City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Staff Report #: 20-016-PC Page 3 over concentrated. However, if the Planning Commission finds that the proposal serves a public necessity or convenience, ABC may issue a Type 20 license for the subject business. Although the area surrounding the subject site contains grocery stores providing the off-site sale of alcohol, the format, size, and focus of these businesses varies. In staff’s view, convenience encompasses a broader set of factors beyond an absolute number of stores, including considerations of location, an availability of product types, pricing, and a store’s overall product mix (including non-alcoholic products). Staff believes the addition of a relatively limited set of beer and wine offerings would complement the other products for sale. In addition, the proposed operations would provide a convenience for customers by allowing them to make such purchases at a service station in combination with fueling their vehicles or purchasing limited convenience items, without having to make additional trips to area grocery stores to purchase beer or wine. Staff believes the proposed off-sale of beer and wine in conjunction with the existing convenience store operations would provide a convenience and service to patrons traveling on Willow Road and residing in the vicinity of the subject site. Staff shared the proposal with the Menlo Park Police Department, who reviewed calls for service over the last few years related to the service station and convenience store. The Police Department determined that most activities in the vicinity were officer-initiated, such as regular patrols of the area and traffic stops, and not calls for service related to the gas station or convenience store. As a result, the Police Department indicated they did not believe that approving the request for an off-sale alcohol license at the site would lead to a higher volume of calls for service. Business operations after midnight The second component of the proposed application is a request for 24-hour operations of the existing gas pumps and convenience store. Chapter 8.12 of the Municipal Code requires a permit for business operations between the hours of midnight and 6:00 a.m. on premises within 300 feet of any property zoned for or occupied by residential uses. As described in a previous section, parcels zoned for and occupied by residential uses are located immediately adjacent to the rear of the subject site and across O’Keefe Street. Additional residentially-zoned and occupied parcels are located within 300 feet in the Willows neighborhood. Chapter 8.12 specifies that the criteria for granting or denying a permit shall be as follows: • Whether the permit will allow activity which interferes with the peace and quiet of persons of ordinary sensibility while enjoying property in use as residential property, • The number of persons affected, • The extent of such interference, • The length of time during which an existing business has been operating between the hours of midnight and 6:00 a.m. without significant complaint to the city, and • Hardship to the business from loss of income or other factors if the permit is not granted. The Municipal Code further states that the permit shall be granted unless it is found that the interests of the residents in the peaceful and quiet enjoyment of residential property outweigh the interests of the business seeking the permit. The permit shall be denied in whole or in part, or conditions shall be attached City of Menlo Park 701 Laurel St., Menlo Park, CA 94025 tel 650-330-6600 www.menlopark.org Staff Report #: 20-016-PC Page 4 to the permit, only to the extent that the denial or conditions are supported by the findings.
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