REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento

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1 REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento 3 PUBLIC HEARING December 5, 2013 To: Members of the Planning and Design Commission Subject: BevMo at 1700 J Street (P13-046) A request to sell alcoholic beverages for off-site consumption within a historic landmark building located at 1700 J Street in the General Commercial, Urban Neighborhood (C-2- UN) Zone in the Memorial Auditorium Historic District. A. Environmental Determination: Exempt per CEQA Guidelines Section Existing facilities. B. Conditional Use Permit to sell alcoholic beverages for off-site consumption within an existing 12,484 square foot building. Location/Council District: 1700, 1708 J street Assessor s Parcel Number: , Council District 4 Recommendation: Staff recommends the Commission approve the request based on the findings and subject to the conditions listed in Attachment 1. The Commission has final approval authority over items A and B above, and its decision is appealable to City Council. The project is non-controversial at the writing of this report. Contact: Antonio Ablog, (916) ; Stacia Cosgrove, Senior Planner, (916) Applicant: Liz Zaninovich, Beverages & more, Inc. (BevMo!), 1401 Willow Pass Road, Ste. 900, Concord, CA Owner: Rick Soehren, 1421 Birchwood Ln, Sacramento, CA

2 Vicinity Map 2

3 Summary: The applicant is requesting permission to establish a 12,484 Beverages and More (BevMo!) retail store in an existing building located at 1700 J Street. The project requires a Conditional Use Permit to allow the sale of alcoholic beverages for off-site consumption. Staff has sent notification of the request to community groups and property owners 300 feet of the site. Additionally, the applicant has performed separate outreach to neighborhood groups in the area. At the time of the writing of this report, staff was not aware of any outstanding issues. Table 1: Project Information General Plan designation: Urban Corridor High (FAR ) Existing zoning of site: C-2-UN (General Commercial) Overlay: Urban Neighborhood Existing use of site: Vacant commercial Property area: 0.58 acres Background Information: The subject site is at the southeast corner of 17 th Street and J Street. The 0.58 acre site is made up of two parcels; one with a vacant commercial building and the other with a surface parking lot. Until recently, the commercial building had been occupied by The Beat record store, which had operated in the location for almost 20 years. The site is surrounded by commercial and mixed-use buildings. Environmental Considerations: The Community Development Department, Environmental Planning Services Division has reviewed this project and determined that it is exempt from the provisions of the California Environmental Quality Act (CEQA) Section Existing Facilities. The project consists of the operation of a retail store, within an existing commercial building with only minor exterior alterations, involving no expansion of use beyond that existing. Policy Considerations: General Plan. The 2030 General Plan Update was adopted by City Council on March 3, The 2030 General Plan s goals, policies, and implementation programs define a roadmap to achieving Sacramento s vision to be the most livable city in America. The 2030 General Plan designation of the subject site is Urban Corridor High which provides for a mix of horizontal and vertical mixed use development and single use commercial and residential development. The 2030 General Plan has identified goals and policies under the Land Use and Urban Design Element. Some of the goals and policies supported by this project are: Land Use and Urban Design Element (Policy LU 2.1.3) Complete and Well- Structured Neighborhoods. The City shall promote the design of complete and wellstructured neighborhoods whose physical layout and land use mix promote walking to services, biking, and transit use; foster community pride; enhance neighborhood 3

4 identity; ensure public safety; are family-friendly and address the needs of all ages and abilities. Land Use and Urban Design Element (Policy LU 6.1.1) Mixed-Use Corridors. The City shall create or improve mixed-use corridors by requiring compact development patterns that are oriented to and frame the street, establish a safe and comfortable environment for walking, and avoid encroachment upon adjacent residential areas. Public Health and Safety (Policy 1.1.7) Development Review. The City shall continue to include the Police Department in the review of development projects to adequately address crime and safety, and promote the implementation of Crime Prevention through Environmental Design principles. The proposed project meets the 2030 General Plan goals and policies related to Citywide Land Use and Urban Design Element. The project was reviewed by the Police Department and conditions and restrictions are provided for the proposed use. Public/Neighborhood Outreach and Comments: Early notification was sent to various neighborhood advisory groups including the Midtown Neighborhood Association, Marshall School/New Era Neighborhood Association, Boulevard Park Neighborhood Association, Midtown Business Association, Downtown Sacramento Partnership, and the Sacramento Old City Association. The hearing was also notified to property owners within a 300 foot radius of the site and the property has been posted. Staff has not received any comments fin opposition to the Conditional Use Permit request. Staff has received a number of letters of support, which are included in Attachment 7. Project Design: Land Use The applicant is requesting permission to establish the sale of alcoholic beverages in an existing 12,484 square-foot commercial building. Beverages & more! (BevMo!) is the leading alcoholic beverage-lifestyle specialty retailer in the western United States and among the largest in the country. BevMo! Operates 150 stores, typically 10,000 square feet, in well-trafficked retail areas in major metropolitan markets throughout California, Arizona and Washington. BevMo! aims to provide a welcoming environment for competitively priced alcoholic and non-alcoholic beverages along with products such as specialty foods and snacks, cigars, glassware and related bar and wine accessories. BevMo! expects a staff of employees at the proposed store with the possibility of additional employees during the holidays. The proposed store hours will be 9:00 a.m. to 10:00 p.m. seven days a week. Section (B) of the zoning code requires the issuance of a Conditional Use Permit for the sale of alcoholic beverages for off-site consumption. The Planning and Design Commission shall consider whether the proposed use will negatively impact nearby residentially zoned areas, and shall give consideration to the distance of the proposed use from residential buildings and from churches, schools, hospitals, public parks and playgrounds, child care centers, social services, and other similar uses. In 4

5 addition to the considerations applicable to all special permit applications, the Planning Commission may consider the following regulations: hours of operation; quantity and size of containers sold; alcoholic content of wines; percentage of shelf space devoted to alcoholic beverages; a requirement that the establishment post, in compliance with the city code, signs prohibiting the possession of open alcoholic beverage containers or the consumption of alcoholic beverages on any property adjacent to the establishment under the control of the establishment s operator; and any other activities proposed for the premises. The subject site is surrounded by commercial uses with some mixed-use and multifamily residential buildings nearby. The only sensitive use such as a church, school or public parks within 500 feet radius of the subject site is St. John s Lutheran Church which is 450 feet south of the subject site. Staff believes that there is adequate distance between the Church and the retail store to not cause any land use compatibility issues. The applicant is applying for three types of alcoholic beverage licenses from the State Department of Alcoholic beverage Control. The main license for the proposed retail store is the Type 21 License. This license type allows the sale of beer, wine, and spirits for off-premises construction. The applicant will also be requesting Type 42 and Type 86 licenses to allow beer and wine tasting on site. These licenses will be secondary to the Type 21 License. Table 2 below lists the businesses proximate to the subject site with a license type similar to the main Type 21 license being sought with this application. Table 2: Active Type 20/21 Licenses in Census Tract Name Address Type Italian Importing Co 1827 J Street 20 Rodney s Cigar & Liquor 1000 J Street 21 Thrifty Payless 831 K Street Degrees Holding th Street 21 CVS 1701 K Street 21 Bonfare Market th Street 21 Fong Liquors 1126 I Street 21 *Type 20 License allows the sale of beer and wine for off-site consumption, Type 21 allows for the sale of beer, wine, and spirits for off-site consumption. The City s Police Department has issued a letter to Alcoholic Beverage Control stating that the Public Convenience or Necessity will be served with this proposed beer and wine sales (see Attachment 6). The Police Department has also placed conditions of approval on the alcohol sales for this special permit. In evaluating the special permit proposal, the Planning Commission is required to make the following findings: 5

6 A. The proposed use will not adversely affect the peace or general welfare of the surrounding neighborhood. The proposed use will not adversely affect the peace or general welfare of the surrounding neighborhood in that: 1) store hours are limited to the hours between 9:00 a.m. and 10:00 p.m.; 2) the beer, ale,and malt beverages will be limited to quantities of two containers or more; 3) Wine and/or wine coolers will be limited to quantities of four or more or 750ml containers or larger; 4) distilled spirits will be limited to containers of 375ml or larger; and 5) a closed circuit video monitoring system will be used to monitor the store. B. The proposed use will not result in undue concentration of establishments dispensing alcoholic beverages. The proposed use will not result in undue concentration of establishments dispensing alcoholic beverages in that the Police Department has reviewed the project and issued a letter stating that Public Convenience or Necessity is served. C. The proposed use will not enlarge or encourage the development of a skid row or blighted area. The proposed use will not enlarge or encourage the development of a skid row or blighted area since the sale of alcohol will be limited to the hours between 9:00 a.m. and 10:00 p.m. and the site is conditioned to be maintained and kept clear of litter. D. The proposed use will not be contrary to or adversely affect any program of redevelopment or neighborhood conservation. The proposed use is not contrary to policies in the 2030 General Plan and does not impact redevelopment or neighborhood conservation. Staff supports the request to sell alcoholic beverages at the subject site since Public Convenience or Necessity is served and the project is conditioned to restrict hours of alcohol sales, limit the sizes and quantity of alcoholic containers, and provide security monitoring. Access, Circulation and Parking The site is located at the southeast corner of J Street and 17 th Street. The subject site includes an existing 47-space surface parking lot with access from J Street. The existing lot will provide adequate parking as only six parking spaces are required for the retail store. Aside from the existing surface parking lot, there are a number of on-street, metered parking spaces on the 17 th street side of the subject site. Height, Bulk and Setbacks There are no changes to the height, bulk or setback of any structures on the site. Building design, signage and landscaping There is no proposed expansion to the existing 12,484 square foot commercial building, and no modifications to the site plan. The interior of the building will be modified to 6

7 accommodate the proposed BevMo! retail store. A majority of the interior space, approximately 10,700 square feet, will be utilized for the sales area shelving. There will be a small tasting area on the east side of the store. A wine cold box will be located near the front of the store and a walk-in cooler will be located at the rear of the store. The rear of the store will also include a stock room, break room, and restrooms. There are exterior changes proposed with the new retailer. The changes include: - The removal of the existing checkerboard patterned panels beneath some of the windows; - The addition of decorative metal artist-designed banners at the brick columns; - Retention of the former The Beat advertising display at the front entry on J Street to provide for the announcement of community events; - Addition of two new metal canopies at the J Street store entrance; and - Application of decorative vinyl graphics to the lower portion of storefront windows to partially obscure store shelving. In addition to the changes above, three new signs are proposed. Two new 8-4 by 2-0 BevMo! signs are proposed, one along each street frontage. One new 7-10 internally lit exclamation mark sign is proposed at the northwest corner of the building. All new signage is consistent with the sign requirements. As the subject building is a landmark building located in the Memorial Auditorium Historic Preservation district, the modifications to the building elevations and signage were reviewed at the staff level and approved, with conditions on November 22, The changes were approved as proposed with the exception to staff recommended changes to the number and location of the proposed metal banners. The conditions and staff recommendation on the banners is attached to this report (Attachment 5) Conclusion: Staff recommends the Commission approve the request based on the findings and subject to the conditions listed in Attachment 1. Staff s recommendation is based on Public Convenience or Necessity being served and that the project is conditioned to restrict hours of alcohol sales, limit the sizes and quantities of alcoholic containers, and provide security monitoring. 7

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9 Findings of Fact Attachment 1 Proposed Findings of Fact and Conditions of Approval BevMo at 1700 J Street (P13-046) 1700 J Street, Sacramento, CA A. Environmental Determination: Exempt 1. Based on the determination and recommendation of the City s Environmental Planning Services Manager and the oral and documentary evidence received at the hearing on the Project, the Planning Commission finds that the Project is exempt from review under Section Existing Facilities. The project consists of the operation of a retail store within an existing commercial building with only minor exterior alterations, involving no expansion of use beyond that existing. There are no unusual circumstances that would result in a significant effect, and the cumulative effects of the project have been evaluated in the Master EIR prepared for the 2030 General Plan. The project would not have a significant effect on the environment. B. The Special Permit to allow alcohol sales for off-premises consumption in the General Commercial (C-2) zone is approved subject to the following Findings of Fact and Conditions of Approval: 1. The proposed use will not adversely affect the peace or general welfare of the surrounding neighborhood in that: 1) alcohol sales are limited to the hours between 9:00 a.m. and 10:00 p.m., 2) the sale of fortified wines and distilled spirits is prohibited and alcoholic container sizes are regulated, 3) security system and site monitoring are mandated for the business; and 4) it is of adequate distance (450 feet) from any sensitive uses. 2. The proposed use will not result in undue concentration of establishments dispensing alcoholic beverages in that the Police Department has reviewed the project and issued a letter stating that Public Convenience or Necessity is served. 3. The proposed use will not enlarge or encourage the development of a skid row or blighted area since the sale of alcohol will be limited to the hours between 9:00 a.m. and 10:00 p.m. and the site is conditioned to be maintained and kept clear of litter. 4. The proposed use is not contrary to policies in the 2030 General Plan and does not impact redevelopment or neighborhood conservation. 9

10 Conditions of Approval B. The Special Permit to allow alcohol sales for off-premises consumption in the General Commercial, Urban Neighborhood (C-2-UN) zone is hereby approved subject to the following conditions: Planning Division B1. The applicant shall obtain all necessary licenses from the Department of Alcoholic Beverage Control prior to the sale of alcoholic beverages. B2. The business shall establish a Good Neighbor policy that includes but not limited to the following: a. Provide an emergency contact person and phone number on-site, in a clearly identified place readily accessible to residents of the neighborhood; and b. Establish a process for neighbors to communicate directly with the management staff should there be any problems or issues. B3. The site shall be maintained and kept clear of any litter. B4. Store hours shall be limited to the hours between 9:00 a.m. and 10:00 p.m. Sunday through Saturday. B5. Any modifications to the project shall be subject to review and approval by the Planning Division. Department of Transportation B6. Construct standard public improvements as noted in these conditions pursuant to Title 18 of the City Code. Improvements shall be designed to City Standards and assured as set forth in chapter of the City Code. All improvements shall be designed and constructed to the satisfaction of the Department of Public Works. Any public improvement not specifically noted in these conditions shall be designed and constructed to City Standards. This shall include street lighting and the repair or replacement / reconstruction of any existing deteriorated curb, gutter and sidewalk fronting the property along J Street and 17 th Street per City standards and to the satisfaction of the Department of Public Works. B7. The applicant shall repair/reconstruct any deteriorated portions of the existing alley per City standards (in concrete) and to the satisfaction of the Department of Public Works. The limit of repair/reconstruction shall be from the alley entrance to the eastern boundary of the parking lot. B8. Prior to issuance of any building permits, the applicant shall apply for and obtain approval for a revocable encroachment permit for any signs, awnings or any architectural features that protrude onto the existing right of way. 10

11 B9. All new and existing driveways shall be designed and constructed to City Standards to the satisfaction of the Department of Public Works. The applicant may have to reconstruct any existing driveways if found to be non-ada compliant. Police Department B10. Alcohol sales are limited to the hours between 9:00 AM and 10:00 PM, Sunday through Saturday. B11. The sale of beer, ale, or malt beverages is restricted to containers of not less than 12 ounces and sold in quantities of two or more, except for malt based coolers. B12. Kegs may be sold individually in sizes of 1 gallon or larger. B13. Wine and/or wine coolers must be sold in no less than 750 ml containers or 4 pack containers. B14. Distilled spirits shall be sold in.375 ml containers or larger. B15. No one under the age of 21 is allowed to enter the store unless accompanied by an adult. B16. No one under the age of 21 is allowed in the tasting area. B17. Electronic point of sale age verification which requires the scanning of customer s identification and automatic verification of birth date to ensure age requirements are met shall be required for all alcohol sales. B18. The cashier stations shall be equipped with a central station silent robbery alarm system and telephone. B19. Store shall be equipped with a monitored burglary alarm system. B20. Any rear door used to admit employees or deliveries shall be equipped with a 180 degree viewing device to screen persons before allowing entry. B21. Height markers which display height measurements are required on the interior doorway of the business. B22. All exterior lighting fixtures shall be maintained and operational. B23. No public telephone/pay phone shall be allowed on the premises. B24. The applicant shall post the property No Trespassing / No Loitering in accordance with section 602(k) of the California Penal Code, and sign an 11

12 enforcement agreement with the Sacramento Police Department to prosecute all violators. B25. Signs shall be posted prohibiting consumption of alcoholic beverages in the business and in the parking lot areas. The proprietor, or their agent, shall immediately disperse loiterers in order to prevent nuisance or unreasonable interference with adjacent properties. B26. There shall be no video/arcade machines maintained upon the premises at any time. B27. All dumpsters must be kept locked. B28. The applicant shall be responsible for the daily removal of all litter on premises. B29. Recorded, closed-circuit color video cameras shall be employed to monitor the cash registers, entrances, exterior of the building, and the parking lot. B30. The recording device shall be a digital video recorder (DVR) capable of storing a minimum of 30 days worth of activity. DVR shall have the capability to transfer recorded data to another medium (i.e. external hard drive or DVD). B31. The DVR must be kept in a secured area that is accessible only to management. There shall be at least one member of the managerial staff on-site that can assist law enforcement in viewing and harvesting recorded footage. B32. Television style monitors shall be mounted in a visible location near the entrance so that patrons can clearly see their activities are being monitored when they enter through the front door. B33. If problems arise and the City receives excessive complaints or significant negative and/or criminal activity occurs, the City reserves the right to revoke the Special Use Permit. This determination shall be subject to Section of the City Zoning Code (Revocation of a Special Permit). 12

13 Exhibit 1A: Site Plan 13

14 Exhibit 1B: Floor Plan 14

15 Attachment 2: Elevations 15

16 Attachment 3: Proposed Exterior Changes 16

17 Attachment 4: Proposed Signs 17

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21 Attachment 5: Preservation Review Conditions 1. The project is approved as per stamped plans and conditions of approval. 2. Existing checkerboard patterned material shall be removed 3. Metal canopies shall be provided at store entry per approved plans 4. Signage shall consist of internally lit pan channel lettering and shall conform to the attached signage exhibits. All signage is subject to review and approval of a separate Sign Permit. 5. The number and location of proposed metal banners shall be revised to be consisting with staff comments as noted in Attachment Building permit shall not be issued until the expiration of the seven (7) calendar day request for reconsideration period. If reconsideration is requested, no permit shall be issued until final approval is received. 7. All other notes and drawings on the final plans as submitted by the applicant are deemed conditions of approval. Any changes to the final set of plans stamped by Preservation staff shall be subject to review and approval prior to any changes. Applicant shall comply with all current building code requirements. 8. A signed copy of the Affidavit of Zoning Code Development Standards shall be scanned and inserted into the final set as a general sheet to be submitted for building permit. 9. The approval shall be deemed automatically revoked unless required permits have been issued and construction begun within three years of the date of the approval. Prior to expiration, an extension of time may be granted by the Director upon written request of the applicant. 21

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23 Attachment 6: Public Convenience or Necessity Letter 23

24 Attachment 7: Letters of Support 24

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