R-060-12 Denying the PC appeal for 7 Eleven

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I characteristics of the site when compared to nearby alcohol establishments, the City Council has determined that the proposed 2 alcohol use will result in increased traffic, noise and vagrancy in the area without any physical buffers. Thus, the proposed use does not fit within 3 the residential pattern of development and as a result is not in accord with the objectives of the Zoning Ordinance and the purposes of the zone 4 in which the site is located. 5 6. The distinguishing characteristics noted in the record of this proposed use to a recently approved use with alcohol sales evidence why the 6 inclusion of alcohol sales in this application is materially different and why it makes this application not in accord with the objectives of the 7 Zoning Ordinance and the purposes of the zone in which it is located. 8 B. The proposed use, together with the conditions applicable thereto will be 9 detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 10 1. Many members of the public testified that the proposed alcohol use 11 would result in increased traffic, noise and vagrancy, and would negatively impact adjacent residential uses. Based on the evidence in the 12 record, including evidence from the Planning Commission meeting and evidence concerning the operating characteristics of the site when 13 compared to nearby alcohol establishments, the City Council has determined that the proposed alcohol use will result in increased traffic, 14 noise and vagrancy in the area without any physical buffers. Thus, the proposed will be detrimental to the public health, safety and welfare. 15 2. The distinguishing characteristics noted in the record of this proposed 16 use to a recently approved use with alcohol sales evidence why the inclusion of alcohol sales in this application is materially different and 17 why it makes this application detrimental to the public health, safety and 18 welfare. 19 SECTION 4. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council finds that the public 20 convenience is not served by, and there is no necessity for, issuance of an off -sale alcohol license to operate the proposed 2,522-sf single -story retail building located at 1089 N. Rancho 21 Avenue for the following reasons: 22 The proposed Project is located in an area where there is an undue concentration of 23 active "off'sale "alcohol licenses (Type 21). 24 An undue concentration exists for off -sale alcohol licenses when the ratio of off - sale alcohol licenses to population in the census tract or census division in which 25 an applicant's premises are located exceed the ratio of off -sale retail licenses to 26 population in the County. 27 The proposed Project is located in Census Tract 66.01. There are three (3) active off -sale alcohol licenses (Type 21) within Census Tract 66.01 according 28 to the State of California Department of Alcoholic Beverage Control (ABC). Census Tract 66.01 has a current population of 4,564 based on the most recent