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CUP No. 2025-02 – Ole City Market ABC License (1623 W. Seventeenth Street) March 10, 2025 Page 4 of 8 4 8 6 3 be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant’s request and has determined that the sale of alcoholic beverages for off-premises consumption at the subject location will not be detrimental to the health, safety, or welfare of the community. Pursuant to Section 41-196(c) and 41-196(d) of the SAMC, the subject site is exempt from separation requirements for off-sale establishments, as the subject tenant space exceeds 10,000 square feet in size. Given that the market is over 10,000 square feet in size, it is also not subject to the maximum alcohol storage and display area for off-sale establishments of five-percent (5%). Although not subject to this requirement, the applicant is proposing an alcohol storage and display area of less than two percent (2%). Furthermore, the site will be in compliance with all standards of SAMC Section 41-196(f) for the off-premise sale of alcoholic beverages, which can also be found as part of Exhibit 1. These operational standards will mitigate potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the community. The proposed sale of alcoholic beverages for off-premises consumption will provide an ancillary service to Ole City Market customers by allowing them the ability to purchase a wider variety of alcoholic beverages in conjunction with groceries. This would allow the market to remain economically viable and compete with nearby stores offering the same type of services, and would allow the market to better serve the community by providing an added convenience and a “one- stop” shopping experience. Moreover, the use will not be detrimental to persons residing and working in the area as the operation standards will ensure that the use will not create any negative or adverse impacts. Ole City Market is an established grocery chain with established policies and procedures focused on security and alcohol responsibility, which will help ensure that alcohol sales are handled in a responsible manner and in a manner in compliance with all applicable laws. Lastly, the subject site is located in a commercial zone, which abuts a larger commercial shopping center to the east containing three businesses that also offer sale of alcoholic beverages for off- premises consumption. These business locations are further discussed in Table 3 of the staff report, below. Moreover, the market is not in close proximity to any parks, playgrounds, religious institutions, or schools primarily attended by minors. The establishment will comply with the operational standards set forth in Section 41-196(f) of the SAMC, thereby mitigating impacts to public health, safety, and welfare. Furthermore, the City has not received any complaints or issued any notice of violations to the property owner or previous tenants, including when the Northgate Market occupied the site and was also selling alcoholic beverages for off-premises consumption. General Plan Consistency The approval of the proposed project will be consistent with the General Plan land use designation of General Commercial (GC), which allows for the development of highly visible and accessible shopping opportunities along arterial corridors. The proposed use would provide an added amenity and would promote a land use that enhances the City’s economic fiscal viability and mitigates any potential impacts to the surrounding community. Furthermore, approval of this application would be consistent with several goals and policies of the General Plan, specifically Goals 1, 2 and 3 of the Land Use (“LU”) Element and Goals 1 and 3 of the Economic Prosperity (“EP”) Element as discussed below.