2016-42 - EG NOTICE OF DECISION
f Planning& Building Department
Project Name: Lazy Acres Alcohol License
Request: Allow a Type 21 Alcohol License within a grocery store
Ministerial Actions: Public Convenience
CEQA Determination: Exempt
DECISION: APPROVED
Project Number: 16-150 PCN
PBD Number: 2016-42
Location: 150 Encinitas Boulevard
Community: Old Encinitas
APN: 258-090-39
Applicant: Bristol Farms dba "Lazy Acres Market"
Representative: Beth Aboulafia, Hinman & Carmichael LLP
Project Planner: Anna Yentile, Associate Planner, ayentfte&ga nit�sca.�e�r
Decision Date: September 12, 2016
Report Approval: ® Roy Sapa'u, Senior Planner
SUMMARY AND KEY CONSIDERATIONS
The applicant requests findings for public convenience or necessity for a proposed Type 21
License (Off-Sale General) to sell alcoholic beverages for offsite consumption in association
with a new grocery store.
PROJECT DESCRIPTION
The applicant submitted an application to the California Department of Alcoholic Beverage
Control (ABC) for a Type 21 License (Off-Sale General license) for the Lazy Acres Market
located at 150 Encinitas Boulevard. As per City Council Resolution 96-37 and in accordance
ITEM NAME: Lxzv ACRES ALCOHOL LICENSE
PROJECT NUMBER: 10-150 PCN
SEPTEMBER 12. 2O1G
with Business and Professions Code Section 23958.4/b\2' the applicant requests that
the [)inac1o[ determine that public convenience or necessity would be served by issuance of the
Type 21 license.
PROJECT ANALYSIS
Background
The existing n918i| center was developed under the County of San Diego. An /\drnininingbve
Design Flevi8vv Permit, Minor Use Permit and Coastal Development Permit for fagodo
modifications and monument sign changes was approved for Lazy Acres Market on May 13.
2018 (NOUCe of Decision No. 2018-17. Case No. 15-278 ADR/M|N/COP). Lazy ACn*o has
obtained building permits for tenant improvements and expects to open Fall 2016.
Project Site Characteristics:
General Plan: General Commercial
Specific Plan: None
Zoning District: General Commercial
Zoning Overlay: California Coastal Commission's Appeal
Jurisdiction, Cultural/Natural Resources Overlay
Zone and ScenicNisual Corridor Overlay Zone
Community Character Context: Inland Residential Gridded
Other Key City Plan: None
Notable State or Regional Plan and Law: None
Adjacent Area:
Direction G neral Plan & Community Character Context Land Use
Zoning Di trict
North Public/Semi- Inland Residential Gridded Cottonwood Creek Park
Public &
Public
South Visitor Serving Inland Residential Gridded Gas Station
Commercial &
Visitor Serving
Commercial
East Transportation Inland Residential Gridded Interstate 5
Corridor
West Public/Semi- Inland Residential Gridded Cottonwood Creek Park
Public &
Public
The project site is an infi|| property surrounded by the Cottonwood Creek Park to the north and
vveSt' Interstate 5 to the east and 8 restaurant and hotel to the south. There is an existing
wetland located VD the Cottonwood Creek property.
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ITEM NAME: LAZY ACRES ALCOHOL LICENSE
PROJECT NUMBER: 16-150 PCN
SEPTEMBER 12,2016
Municipal Code Analysis
The subject property is located within the General Commercial zone. A grocery store use with
off-premise sales of alcoholic beverages such as proposed by Lazy Acres Market is a permitted
use within the General Commercial zone. No other improvements are proposed as part of this
request.
Other Policy or Plan Consistency
Business and Professions Code Section 23958.4(b)2 stipulates that the State Alcohol Beverage
control Board may grant a license to an applicant premise if the local governing body of the area
in which the applicant premises are located determines that public convenience or necessity
would be served by the issuance of the license. The City Council adopted Resolution 96-37
pursuant to this Business and Professions Code Section to provide direction to staff relative to
review of license applications and determining findings for public convenience and necessity.
Staff reviewed the request according to the process established by Resolution 96-37. Several
factors were considered in determining whether public convenience or necessity would be
served, including overconcentration data, surrounding land uses, crime data and ABCs
conditions of approval for the proposed license.
Lazy Acres is located within census tract 176.03. Currently there is no overconcentration of off-
sale licenses in this census tract with one license existing. The current county ratio is one
license to 1,537 residents. Census tract 176.03 has a population of 2,476, which would allow
one (1.6 rounded down) license to meet the census limit. There is also one on-sale
establishment in this census tract, which meets the limit. With the addition of this license, the
census tract would be over concentrated compared to the County average.
Additionally, the Lazy Acres parcel is located adjacent to a public park to the north and west,
Interstate 5 to the east and a restaurant and hotels to the south. Though the public park's parcel
is immediately adjacent to the Lazy Acres shopping center, there is no pedestrian or vehicular
connection to and from the store directly. There is no anticipated concern regarding the
remaining uses.
In the last year, there were eight calls for service for driving under the influence of alcohol within
a quarter mile of the proposed license location and 23 other alcohol related offenses. However,
in an email from ABC dated July 1, 2016, ABC indicated that both the Sherriff's Department and
Boys and Girls Club had no objections to the license request at this location. In addition, the
Sheriff's department provided a letter dated July 28, 2016 specifically stating similar
establishments have not contributed significantly to the crime rate in the City. ABC further stated
that no conditions of approval were anticipated for the license request.
The applicant has indicated that alcohol will occupy five to six percent of the floor area of the
store with approximately five percent of overall sales from alcoholic beverages. Therefore, staff
finds that only a minority of the floor space is devoted to alcohol beverages.
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ITEM NAME: LAZY ACRES ALCOHOL LICENSE
PROJECT NUMBER: 16-150 PCN
SEPTEMBER 12, 2016
ENVIRONMENTAL CONSIDERATIONS
The project has been determined to be exempt from environmental review pursuant to California
Environmental Quality Act (CEQA) Guidelines Section 15300.1. Section 15300.1 exempts
projects over which public agencies exercise only ministerial authority. The request for public
convenience is a ministerial action. The project meets the criteria for the exemption. The project
does not qualify as one of the exceptions prescribed under Section 15300.2 of the CEQA
Guidelines and no historic resources are affected by the proposed project.
DISCUSSION
Staff assessed the overconcentration data, surrounding land uses and crime data. In addition,
staff received letters indicating no objections to the application from the Sheriff's department
and Boys and Girls Club. ABC did not find it necessary to impose conditions on the proposed
Type 21 alcohol license at this subject site. Therefore, staff finds that public convenience would
be served by issuance of the license. Off sale of alcohol is a common convenience service for
grocery stores of this size. The amount of floor area devoted to alcohol sales demonstrates that
the sales would be accessory to the principal grocery store use.
FINDINGS
Based on the findings for a Public Convenience or Necessity per Resolution 96-37 and
the aforementioned analysis, the Planning & Building Department has made the following
findings to support the approval:
Finding for Public Convenience Explanation of Finding
Factual data showing that the premises will Lazy Acres Market proposes five to six percent
have a majority of floor space devoted to food of its overall sales towards alcohol. The
or other merchandise with a minority of floor remaining sales relate to standard
space devoted to alcohol beverages. A typical supermarket goods.
use meeting this criteria would be a
supermarket or other food store with alcohol
beverages offered as one of many products.
Information from the Encinitas Substation of The San Diego County Sheriff's department
the San Diego County Sheriff that similar stated in a letter that similar establishments
establishments within the City of Encinitas within the City of Encinitas have not
have not contributed significantly to the crime contributed significantly to the crime rate within
rate within the City of Encinitas. the City.
CONCLUSION
The proposed request for a Type 21 Alcohol license meets the criteria for findings for public
convenience. Therefore, staff finds for public convenience.
DISCLOSURES
This notice constitutes a decision of the Planning & Building Department only for the
discretionary entitlement. Additional permits, such as Building and Grading Permits, may be
required by the Planning & Building Department or other City Departments. It is the property
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ITEM NAME: LAZY ACRES ALCOHOL LICENSE
PROJECT NUMBER: 16-150 PCN
SEPTEMBER 12, 2016
owner's and applicant's responsibility to obtain all necessary permits required for the type of
project proposed.
In accordance with the provisions of Municipal Code Section 1.12, the decision of the Planning
& Building Department may be appealed to the City Council within 15 calendar days of the date
of this determination. The appeal must be filed, accompanied by a $250 filing fee, prior to 5:00
pm on the 15th calendar day following the date of this Notice of Decision. Any filing of an appeal
will suspend this action as well as any processing of permits in reliance thereon in accordance
with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is taken on
the appeal. The action of the Planning & Building Department may not be appealed to the
California Coastal Commission.
If you have any questions regarding this determination, please contact Anna Yentile, Associate
Planner, at 760-633-2724 or by email at 1yentflIeDa qig .c i; or contact the Planning &
Building Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at 760-633-2710 or by
email at pLannin !qD!� ,il i � ,_q .
S GNATU
Manjeet Ranu, AICP
Acting Director of Planning & Building
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