RESO 2020-25_ 1641 E ST ANDREW - Laserfiche WebLink

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Resolution No. 2020-25 Page 3 of 7 CUP No. 2020-16 supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed ABC license will maintain a safe and attractive environment in the neighborhood. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Spectrum Wine is located within a multi-tenant industrial center and its operation is compatible with the surrounding industrial use businesses. E. A Public Convenience and Necessity (“PCN”) letter is required per Business and Professions Code Section 23958.4 as the State has determined that an overconcentration of off-premises ABC licensed establishments within the census tract exists. The State Department of Alcoholic Beverage Control identifies a census tract as over concentrated if the ratio of off-sale retail licenses to the population of the census tract which the premises is located exceeds the ratio of off-sale retail licenses to the population of the county. Based on this analysis, census tracts in the City are allowed one licensed establishment per 1,697 residents. Spectrum Wine is located in Census Tract No. 744.03, which is allowed three (3) off-sale outlets based on the State’s criteria, while seven (7) active licenses currently exist. Although the census tract is over concentrated per State standards, the business model for Spectrum Wine differs from the other off-premises establishments as Spectrum Wine specializes in wine auctions and retail sales in which customers can purchase wine by the bottle or in larger quantities while the other establishments are smaller neighborhood markets that sell both beer and wine. There is one existing establishment called The Original Wine Club located at 1431 South Village Way, Unit A, that sells beer and wine with tastings. Thus, despite the overconcentration of ABC licenses in the census tract, the issuance of an additional off-sale ABC license at this location is necessary to serve the public convenience, will not create any adverse impacts and will not impact the overall crime rate of the area. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class – Existing Facilities). The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The project proposes to allow the operation of an alcoholic beverage control license to sell alcoholic beverages for off-premises consumption, warehousing, and instructional seminar tastings. Based on this analysis, a Notice of Exemption, Environmental Review No. 2020-46, will be filed for this project.