Planning Commission Staff Report
Report Prepared by: Francisco Mendoza-Gonzalez, Associate Planner
Title
SUBJECT: Conditional Use Permit #1272, initiated by Paramjeet Singh, on behalf of Encina Investment Group Mainplace Merced, LLC, property owner. This application involves a request for alcohol sales (beer, wine, and distilled spirits) for off-site consumption for a new convenience market at 429 W. Main Street, generally located on the north side of Main Street, approximately 75 feet east of Canal Street, with a General Plan designation of Regional/Community Commercial (RC), and a Zoning classification of Central Commercial (C-C) *PUBLIC HEARING*
ACTION: Approve/Disapprove/Modify
1) Environmental Review #23-18 (Categorical Exemption)
2) Conditional Use Permit #1272
SUMMARY
Paramjeet Singh is requesting approval to sell beer, wine, and distilled spirits for off-site consumption (Type 21 Alcoholic Beverage Control License) for a new convenience market located at 429 W. Main Street. A conditional use permit is required to approve the sale of alcohol for off-site consumption for buildings under 20,000 square feet per Merced Municipal Code Section 20.44.010 - Alcoholic Beverage Sales for Off-Premises Consumption. Staff is recommending approval of this application subject to the conditions contained in the Staff Report.
RECOMMENDATION
Planning staff recommends that the Planning Commission approve Environmental Review #23-18 (Categorical Exemption), and Conditional Use Permit #1272, including the adoption of the Draft Resolution at Attachment A subject to the conditions in Exhibit A and the findings/considerations in Exhibit B.
Body
DISCUSSION
Project Description
The subject site is located in Downtown Merced on the north side of Main Street, approximately 75 feet east of Canal Street at 429 W. Main Street (Attachment B). The subject site is currently a vacant 1,750-square-foot suite that is part of the Mainplace Merced development adjacent to the Regal Hollywood movie theatre. The applicant is proposing to remodel the interior of the suite to operate a convenience market that would sell a variety of goods, snacks, and drinks, including this request for beer, wine, and distilled spirits for off-site consumption. The applicant is proposing to operate Sunday through Thursday from 9:00 a.m. to 12:00 a.m., and Friday through Saturday from 9:00 a.m. to 2:00 a.m.
A Finding of Public Convenience or Necessity (adopted by City Council) is required, because the subject site is located within a Census Tract that is considered over-concentrated with alcohol licenses by Alcoholic Beverage Control standards. The Police Department has determined that they would support the sale of alcohol for off-site consumption if specific conditions are included to reduce the potential for alcohol-related incidents such as Conditions #15 through #23.
Surrounding uses as noted in Attachment B.
|
Surrounding Land |
Existing Use of Land |
City Zoning Designation |
City General Plan Land Use Designation |
|
North |
AT&T Facility |
Central Commercial (C-C) |
Regional/Community Commercial (RC) |
|
South |
Envy Clothing (across Main Street) |
Central Commercial (C-C) |
Regional/Community Commercial (RC) |
|
East |
Vinho’s Wine & Lounge |
Central Commercial (C-C)) |
Regional/Community Commercial (RC) |
|
West |
Cold Stone Creamery |
Central Commercial (C-C) |
Regional/Community Commercial (RC) |
Background
The subject site is part of the Mainplace Merced development which is directly west of the Regal Hollywood movie theatre. Merced Mainplace has a variety of restaurants and shops within the building such as Cold Stone Creamery, Little Oven Pizza, a Hookah Bar, Pretty Good Burger, and a few other vacant suites. The subject site was previously one larger suite that was recently divided into two separate suites. The other recently created suite is currently occupied by Vihos Wine Lounge & Tapa Bar which operates as a wine lounge (sells wine for both on-site and off-site consumption) that offers live music. Before this suite was divided, it operated as a nightclub with alcohol sales that has had a variety of operators such as Club Azteca, and Paradigm Lounge (approved by Planning Commission in 2012 through Conditional Use Permit #1168).
Findings/Considerations
Please refer to Exhibit B of the Draft Planning Commission Resolution at Attachment A.
ATTACHMENTS
A. Draft Resolution
B. Location Map
C. Floor Plan Showing Location of Alcohol Stored
D. Sensitive Uses
E. Police Department Incident Map (500-foot-radius from Site)
F. Police Department City-Wide Incident Hot Spot Map
G. Categorical Exemption
H. Presentation