[00:00:01]
[CALL TO ORDER]
FOR A FLAG SLT AND A MOMENT OF SILENCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.COMMISSIONER POLLOCK RU PRESENT.
COMMISSIONER SAT PRESENT AND COMMISSIONER VICE PRESENT.
[CHAIRPERSON’S WELCOME]
TO THE ELCO PLANNING COMMISSION MEETING.THIS MEETING IS BEING LIVE STREAMED ON THE CITY OF EL CAJON WEBSITE.
APPEALS OF FINAL DECISIONS OF THE PLANNING COMMISSION MAY BE MADE THIS EVENING, BUT MUST BE FILED IN WRITING WITH THE CITY CLERK BEFORE 5:00 PM OCTOBER 17TH, 2022, AND MUST INCLUDE THE PAYMENT OF A FILING FEE.
IF YOU WISH TO SPEAK ON EITHER A NON AGENDA OR AGENDA ITEM TONIGHT, PLEASE FILL OUT A REQUEST TO SPEAK CARD LOCATED BY THE AGENDA AND TURN IT INTO THE SECRETARY WHO WILL CALL YOU UP TO SPEAK.
WHEN THE AGENDA ITEM COMES UP FOR PUBLIC COMMENT, WE ASK YOU GIVE US YOUR NAME, SPELLING OF YOUR LAST NAME.
SPEAKERS ARE LIMITED TO THREE MINUTES, THE DISPLAY ON THE PODIUM, AS WELL AS OTHER MONITORS IN THE CHAMBER.
WE'LL SHOW TIME COUNTING DOWN AT 30 SECONDS.
THE PODIUM CLOCK READ OUT WILL TURN RED.
SIGNIFYING YOU HAVE 30 SECONDS UNTIL THE END OF YOUR TIME.
APPLICANTS AND INDIVIDUALS REPRESENTING GROUPS OF PEOPLE MAY BE ALLOWED MORE TIME IF APPROPRIATE.
ALL PUBLIC HEARING COMMENTS SHOULD BE ADDRESSED TO ME AS THE CHAIR AND NOT TO THE INDIVIDUAL COMMISSIONERS OR TO STAFF MEMBERS.
PLEASE TURN OFF ALL ELECTRONIC DEVICES IF YOU HAD NOT DONE SO PURSUANT TO CITY COUNCIL RESOLUTION ONE 14 DASH 79, A COMMISSIONER WHO HAS RECEIVED EVIDENCE RELATED TO A MATTER BEFORE THE PLANNING COMMISSION OTHER THAN AN UNESCORTED VIEW OF THE SUBJECT PROPERTY IS REQUIRED TO DISCLOSE SUCH INFORMATION AT THE HEARING.
AT THIS TIME, WE WILL TAKE COMMENTS FROM ANY MEMBER OF THE PUBLIC ON THE PUBLIC COMMENT OF ANY ITEM OF BUSINESS WITHIN THE JURISDICTION OF THE COMMISSION THAT IS NOT ON THE AGENDA UNDER STATE LAW.
NO ACTION CAN BE MADE OR TAKEN UP ON ITEMS BROUGHT BEFORE UNDER PUBLIC COMMENT EXCEPT TO REFER IT TO STAFF FOR ADMINISTRATION OR PLACE IT ON A FUTURE AGENDA.
IF THERE'S ANYONE WHO WISHES TO ADDRESS THE COMMISSION UNDER PUBLIC COMMENT, PLEASE COME FORWARD NOW.
SEEING THAT THERE IS NONE, WE WILL MOVE
[CONSENT]
TO THE CONSENT CALENDAR.IS THERE ANY ITEMS THAT STAFF WISHES TO PULL ON THE CONSENT CALENDAR? NO CHANGES FROM STAFF.
FELLOW COMMISSIONERS, ANY ITEMS? NOPE.
I'LL MOVE TO ADOPT THE MINUTES AS RECORDED.
MOTION MADE BY COMMISSIONER SERCO.
SECOND BY COMMISSIONER VALEZ, PLEASE VOTE.
CAN YOU ENTER YOUR VOTE PLEASE? AND MOTION CARRIES BY UNANIMOUS VOTE.
[Public Hearing Item 2]
WILL MOVE ON TO THE NEXT AGENDA ITEM.AND THAT IS GONNA BE AGENDA ITEM NUMBER TWO.
THIS IS APPEALS OF A DIRECTOR'S DETERMINATION ALDI STORE.
THE REQUEST IS FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR AN OFF SALE ALCOHOL LICENSE.
IT IS SE EXEMPT AND STAFF'S RECOMMENDATION IS DENY STAFF.
UM, SO AGAIN, ITEM NUMBER TWO FOR YOUR CONSIDERATION IS AN APPEAL OF A DIRECTOR'S DETERMINATION, AND THAT IS IN REGARDS TO OFF SALE ALCOHOL, UH, FOR AN LD GROCERY STORE.
SO THIS ITEM WAS ORIGINALLY SCHEDULED FOR THE SEPTEMBER 20TH PLANNING COMMISSION MEETING, UM, BUT THE HEARING WAS CONTINUED TO TONIGHT AT THE REQUEST OF THE APPLICANT.
SO THE STORY IS LOCATED AT 1 23 FLETCHER PARKWAY ON THE EASTERN SIDE OF PARKWAY PLAZA NEXT TO BEST BUY.
UH, THE STORY IS UNDER CONSTRUCTION AND ALDI PLANS TO PROCEED WITH CONSTRUCTION, UH, WHILE THEIR REQUEST FOR ALCOHOL SALES IS PROCESSED.
UM, I ALSO WANNA HIGHLIGHT ON THIS SLIDE WE'VE IDENTIFIED, UH, OTHER OFF SALE ALCOHOL OUTLETS IN THE VICINITY OF THE SUBJECT SITE, WHICH INCLUDE, UH, WALMART AT PARKWAY PLAZA SMART FINAL TO THE WEST, AND THEN, UH, TARGET AND FOOD FOR LESS TO THE EAST.
SO FOR BACKGROUND, UM, STATE ALCOHOLIC BEVERAGE CONTROL OR ABC, UM, DOES HAVE A MORATORIUM ON THE ISSUANCE OF NEW OFF SALE ALCOHOL LICENSES IN THE CITY BECAUSE THE RATIO OF OFF SALE LICENSES EXCEEDS ONE LICENSE PER 2,500 INHABITANTS OF THE CITY.
[00:05:01]
HOWEVER, THERE'S A NUANCE HERE AND THAT IS THAT ABC STAFF HAVE INTERPRETED THAT THE MO MORATORIUM ONLY APPLIES TO NEW APPLICATIONS, THEREFORE A TRANSFER OF A LICENSE FROM OUTSIDE THE CITY TO A LOCATION WITHIN THE CITY DOESN'T FALL UNDER THAT MORATORIUM.THE SECOND ASPECT OF THE BACKGROUND IS THE DEEMED TO PROVE ALCOHOL SALES ORDINANCE, UH, WHICH ALSO APPLIES TO THIS REQUEST, AND THAT WAS APPROVED BY THE CITY COUNCIL BACK IN 2013.
THE ORDINANCE INDICATES THAT A CONDITIONAL USE PERMIT IS NOT REQUIRED FOR GROCERY STORES THAT ARE GREATER THAN 10,000 SQUARE FEET IN FLOOR AREA, WITH LESS THAN 10% OF FLOOR AREA ALLOCATED TO ALCOHOL DISPLAYING.
AND ALSO THAT NEW STORES NEED TO BE LOCATED IN A CENSUS TRACTED WITH CAPACITY FOR LICENSES WITH LOW TO AVERAGE CRIME RATES, AND THAT THE NEW STORE MUST ACQUIRE AN EXISTING OFF SALE LICENSE FROM AN OVER CONCENTRATED CENSUS TRACT IN THE CITY AND RELOCATE THAT LICENSE OR ELIMINATE, UH, ANOTHER LICENSE.
SO LOOKING BACK AT, AT WHAT HAPPENED IN THE PAST, ESSENTIALLY THE GOAL OF THE CITY COUNCIL IN 2013 WAS, UH, EITHER TO REDUCE, UH, OR TO NOT INCREASE THE NUMBER OF LICENSES WITHIN THE CITY, BUT TO GIVE FLEXIBILITY TO ALLOW LICENSES TO BE MOVED, UH, TO MEET THE DEMAND OF THE PUBLIC.
SO THE APPLICANT'S REQUEST IS SHOWN HERE.
UH, THE LD STORE IS APPROXIMATELY 24,000 SQUARE FEET AND INCLUDES LESS THAN 10% OF THE FLOOR AREA FOR ALCOHOL SALES.
SO IN COMPLIANCE WITH THAT FIRST ASPECT OF NOT REQUIRING A CONDITIONAL USE PERMIT, UM, THERE, UH, REQUEST ALSO INCLUDES CRIME PREVENTION MEASURES, UH, SUCH AS THE LOCATION OF ALCOHOL WITHIN THE STORE, EXTERIOR LIGHTING, AND OTHER MEASURES THAT I BELIEVE THE APPLICANT, UH, WILL PRESENT.
AND THEN LASTLY, UH, THE APPLICANT IS PROPOSING TO TRANSFER A LICENSE FROM SAN MATEO COUNTY, UM, SO OUTSIDE OF THE COUNTY OF SAN DIEGO INTO THE CITY OF OKLAHOMA.
SO HERE WE HAVE THE ABC LICENSE AND CRIME DATA.
SO THE DATA REGARDING THE NUMBER OF ALCOHOL LICENSE AND CRIME COMES DIRECTLY FROM ABC AND IT'S INCLUDED, IT'S AN ATTACHMENT, UH, TO THE REPORT.
UM, THE SITE IS LOCATED WITHIN A CENSUS TRACK THAT HAS 11 OFF SALE ALCOHOL LICENSES.
UM, AND ACCORDING TO ABC REGULATIONS BASED ON POPULATION, NO MORE THAN TWO LICENSES ARE ALLOWED, UH, WITHIN THAT CENSUS TRACT.
SO THE EXISTING CENSUS TRACT IS OVER CONCENTRATED FOR THE CRIME DATA.
THE AVERAGE NUMBER OF CRIMES PER DISTRICT IN THE CITY IS 164 CRIMES, AND THE SUBJECT SITE IS LOCATED WITHIN A DISTRICT THAT HAD 882 OFFENSES.
UH, SO THAT EQUATES TO A VERY HIGH CRIME RATES, UH, MORE THAN 500%, UH, HIGHER THAN THE CITYWIDE AVERAGE.
SO AGAIN, THIS WAS AN APPEAL OF THE DIRECTOR'S DETERMINATION.
AND SO WHAT THIS SLIDE SHOWS IS WHAT THE DIRECTOR DETERMINED IN CONJUNCTION WITH THE APPLICANT'S REQUEST.
SO THE APPLICANT'S PROPOSAL TO RELOCATE A LICENSE FROM SAN MATEO COUNTY TO THE CITY DID NOT COMPLY WITH THE MUNICIPAL CODE REQUIREMENTS, UH, TO RELOCATE IT LICENSE FROM AN OVER CONCENTRATED CENSUS TRACT ELSEWHERE IN THE CITY.
ADDITIONALLY, UH, THE FINDING WAS THAT THE SUBJECT SITE IS IN AN OVER CONCENTRATED, UH, CENSUS TRACT AS WE DISCUSSED ON THE LAST SLIDE, AND THEN ALSO THAT THE CRIME WEIGHT FOR THE SUBJECT SITE, UH, IS IN THE VERY HIGH, UH, CRIME RATE, UM, CATEGORY.
SO BASED ON THESE FINDINGS OF THE REQUEST WAS DENIED BY THE DIRECTOR.
SO THE APPLICANT'S APPEAL, UM, JUST INDICATED AN APPEAL AND DIDN'T PROVIDE ANY ADDITIONAL INFORMATION AS IT RELATED TO THE DIRECTOR'S DETERMINATION.
SO STAFF'S RECOMMENDATION, UH, IS TO DENY THE APPEAL, UH, OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION.
UM, AND THAT CONCLUDES TASK PRESENTATION.
UM, COUPLE QUESTIONS I HAVE FOR STAFF.
UM, ON THE STATISTICS THAT YOU GUYS WERE GIVEN, WHAT YEAR WERE THOSE CRIME STATISTICS? HOW CURRENT ARE THEY? THE CRIME STATISTICS ARE FROM 2020.
AND, UH, THE NO NEW DATA HAS BEEN, UM, PROVIDED TO THE ABC.
AND SO ONE OF THE ISSUES I ASKED MULTIPLE TIMES FOR THE CRIME DATA, I TALKED TO THE POLICE DEPARTMENT ABOUT THE CRIME DATA.
UM, THE ISSUE IS IS THAT, UH, THE DATA GETS REPORTED, UM, REGIONALLY AND THEN IT GETS REPORTED TO THE ABC.
AND SO THE ABC HAS TO USE THE, THE LAST ANNUAL YEAR OF CRIME DATA THAT'S AVAILABLE.
SO THAT'S WHY I REFERENCED IN THE PRESENTATION, THE ACTUAL FORM PRODUCED BY ABC, WHICH SITES THOSE CRIME STATISTICS SO THAT THEY'RE ACCURATELY, UM, CALCULATED AND PORTRAYED FAIRLY ACROSS THE WHOLE REGION.
DO THEY, DO THEY GIVE YOU A BREAKDOWN ON HOW MANY ARE ALCOHOL RELATED BY CHANCE? DO, DO THEY GIVE US ANY KIND OF BREAKDOWN? I'M JUST CURIOUS.
AND THEN THE OTHER QUESTION FOR THE OTHER STORES THAT ARE IN THE AREA, HOW MANY OF THOSE ARE TYPE 20 VERSUS TYPE? I THINK 21 IS HARD ALCOHOL.
SO WHO CURRENTLY IS OUT OF THOSE OTHER HIGHLIGHTED
[00:10:01]
STORES WHO'S JUST SELLING BEER AND WINE, AND THEN WHO'S SELLING THE WHOLE KIT AND CABOODLE? SURE.UM, IN THE ATTACHMENTS, WE INCLUDED THE LIST OF ALL THE ABC LICENSES WITHIN THE CENSUS TRACT, AND I CAN GIVE YOU THOSE IN ONE SECOND.
UM, SMART AND FINALS, EVERYTHING, IF I REMEMBER CORRECTLY, I DON'T KNOW ABOUT WALMART AND SMART AND FINAL IS THE TYPE 21.
UM, CVS AT 5 72 FLETCHER PARKWAY, WHICH I DIDN'T HIGHLIGHT ON THE SLIDE IS ALSO A TYPE 21.
TARGET SMART AND FINAL IS A TYPE 21.
AND THEN, YEAH, I BELIEVE YOU'RE, I THINK, I THINK TARGETS TYPE 20, AND I DUNNO WHAT FOOD FOR LESS IS THOUGH.
I DON'T HAVE, UM, THE LICENSE TYPES BECAUSE, UM, BOTH TARGET AND FOOD FOR LESS ARE ACTUALLY OUTSIDE OF THE SUBJECT CENSUS TRACKED.
SO THAT WASN'T INCLUDED IN ANY ATTACHMENTS.
WELL, ANY OTHER QUESTIONS FOR STAFF? UH, YES.
UH, YOU SAID THAT, UH, THERE'S 11, UH, TO SELL ALCOHOL WITHIN THIS TRACK MM-HMM.
UM, AND IT WAS ALSO, UM, THOSE LICENSES WERE APPROVED BEFORE THAT THAT REGULATION OCCURRED.
UM, I THINK THE, THE CRITICAL TIME PERIOD HERE IS LOOKING BACK AT WHEN COUNCIL ACTED ON THE DEEMED TO PROVE ALCOHOL SALES ORDINANCE IN 2013.
SINCE THAT TIME, WE HAVEN'T HAD ANY NEW LICENSES THAT HAVE BEEN ISSUED IN THE CITY.
AND, UH, ARE THERE ANY, UH, MOM PAST STORES THAT HAVE, UH, THE TYPE 20 OR 21 LICENSE IN THE COMMUNITY? I, I DIDN'T SEE ANY, UH, INDIVIDUALLY OWNED INSTEAD OF A CORPORATE OWNED.
UM, I MEAN, I WOULD HIGHLIGHT, UM, THE, THERE'S THE ARNELL, UH, LIQUOR STORE, UH, WHICH IS TO THE WEST OF, UM, WALMART ACROSS THE STREET, UH, ON JOHNSON IN THE CORNER COMPLEX THERE, UH, WHERE THE DENTIST OFFICE IS, UM, IN THE STRIP MALL.
SO THAT'S, UM, IT'S LISTED AS, UM, AROL LIQUOR INCORPORATED.
UM, I DON'T HAVE THEIR OWNERSHIP INFORMATION, BUT, UH, THAT'S PROBABLY BETTER CHARACTERIZED AS, UM, SOMETHING THAT'S NOT A CORPORATE ENTITY.
ANY OTHER QUESTIONS FOR CHEF? ALL RIGHT.
WELL, AT THIS TIME, UH, LET'S GO AHEAD AND OPEN UP PUBLIC HEARING.
DO WE HAVE SPEAKER CARDS? YES, WE HAVE SKIP, SORRY.
HOW DO YOU SPELL YOUR LAST NAME? I'M SORRY.
IT'S J A N AS IN NANCY, E S JAMES.
OR SOMETIMES IT'S JAMES, SOMETIMES IT'S JONES
UH, CHAIR ROSE, MEMBERS OF THE PLANNING COMMISSION, CITY STAFF, AND THE CITIZENS OF EL CAJON, WE APPRECIATE YOU HAVING US HERE THIS EVENING TO GIVE YOU THE LD CASE.
UM, WE FULLY UNDERSTAND THE, UH, THE VALUE OF THE ORDINANCE THAT WAS CREATED IN 2013, UH, AND WE FULLY UNDERSTAND, UH, ALL THE RULES AND REGULATIONS THAT, THAT GO ALONG WITH THAT.
WHY DON'T YOU MOVE THAT MIC A LITTLE CLOSER TO YOU? MAKE IT EASIER FOR US.
USUALLY I HAVE THE OTHER PROBLEM WHERE THEY TOLD ME TO SHUT UP A LITTLE BIT.
UM, UH, ONCE AGAIN, MY NAME IS SKIP JAMES.
UH, I'VE BEEN WITH ALDI ABOUT 33 YEARS.
UM, THEN LA MOST OF THAT IN THE MIDWEST IN THE LAST 10 YEARS I'VE BEEN IN CALIFORNIA.
UH, MY TERRITORY IS, UH, SAN DIEGO COUNTY AND RIVERSIDE COUNTY, AND THEN THERE'S TWO OR THREE OTHER PEOPLE IN THE OFFICE LIKE ME THAT HANDLE THE OTHER SEVEN OR EIGHT COUNTIES OF SOUTHERN CALIFORNIA.
HE'S GONNA RUN THE, RUN THE MACHINE HERE, AND DOUG IS OUR ONE OF OUR CONSULTANTS AS WELL.
AND WE'LL ALL ANSWER THE QUESTIONS AT THE END THAT YOU MIGHT HAVE.
UH, SO LIKE I SAID, WE FULLY UNDERSTAND, UM, AND MR. ALVES BEEN EXTREMELY HELPFUL EXPLAINING EVERYTHING TO
[00:15:01]
US.UH, AND THIS AND THE WHOLE CITY STAFF OF EL CAJON.
WE COMMEND THEM FOR, UM, FOR ALL OF OUR, ALL THEIR EFFORTS TO HELP HELP US WITH THE DEVELOPMENT PROCESS FROM THE INITIAL, UH, PLANNING REVIEW OF OUR, OF OUR ELEVATIONS TO THE, THE, UH, BUILDING DEPARTMENT AND GETTING OUR BUILDING PERMIT AND GETTING GOING.
SO WE CERTAINLY APPRECIATE EVERYBODY'S EFFORTS.
UM, THE REASON WE, WE ARE HERE TONIGHT IS BASICALLY, UH, TO INFORM YOU ABOUT ALDI, UM, AND THEN ALSO FOR, TO SEE IF YOU CAN CONSIDER, UH, UH, THE DECISION THAT THE DIRECTOR HAS MADE TO DENY THE PCN REQUEST, UM, AND ALLOW ALDI, UH, THE PCN TO, TO GET THEIR TYPE 20 BEER AND WINE LICENSE.
BEFORE I GET TOO DEEP INTO THAT, I'LL JUST GIVE YOU SOME, SOME FACTS ABOUT ALDI.
UH, WE HAVE ABOUT 2,240 STORES NATIONWIDE.
91 OF THOSE STORES ARE IN CALIFORNIA.
UH, ALL 91 DO HAVE A, EITHER A TYPE 20 OR TYPE 21.
SOMETIMES THE TYPE TWENTYS AREN'T AVAILABLE, UH, TO PURCHASE.
SO WE, WE MOVE UP AND TYPE AND BY THE TYPE 21, BUT WE DON'T CARE ANY, ANY HARD ALCOHOL.
UM, ALL THESE REALLY A SIMPLE CONCEPT GUYS.
UM, WE PROVIDE THE BEST QUALITY PRODUCT WE CAN, WE CAN POSSIBLY PROVIDE THE CUSTOMER AT THE LOWEST POSSIBLE PRICE.
OUR MODEL IS, IS, IS VERY SIMPLE, AS I SAID.
UH, OUR, OUR GOAL IS TO CONTROL COSTS AND PAST WHATEVER COST WE CONTROL TO SAVINGS TO THE CUSTOMER.
WE CARRY ABOUT 1700 ITEMS IN AN ALL THESE STORE, AND THEY ARE THE MOST COMMONLY PURCHASED ITEMS IN A HOUSEHOLD OF THE MOST COMMONLY PURCHASED SIZE.
UH, IN THAT MIX, YOU'RE GONNA FIND FRESH PRODUCE, YOU'RE GONNA FIND FRESH MEAT, UH, YOU'RE GONNA FIND A GREAT BAKERY SECTION, UH, ALONG WITH OUR DRY, DRY GROCERY AND COOLER AND FREEZER.
UH, AND THEN IN MOST STORES, YOU'RE GONNA FIND ABOUT 125 DIFFERENT BOTTLES OF WINE AND ABOUT, UH, A DOZEN BEERS OR SO.
UM, AND WE, YOU ALSO FIND, I'M SORRY, THIS WAS EXCITING THIS TIME OF THE YEAR, UH, YOU ALSO FIND IN THE CENTER STORE ARE, ARE ALL DEFINED SECTION, WHICH IS A, UH, A MIX OF PRODUCTS THAT ARE SEASONAL AND, AND, UH, VERY POPULAR FOR THE DAY.
UH, I DUNNO IF YOU'VE SEEN OUR ADS HERE, OR MAYBE IT'S COMING UP SHORTLY, BUT WE CARRY ADVENT CALENDARS, UH, THAT HAVE DIFFERENT WINES FROM THROUGHOUT COUNTRIES IN, IN, IN EUROPE.
UH, WE CARRY ONE FOR BEER, ONE FOR WINE, ONE FOR CHOCOLATE, ONE FOR TOYS, THE, THE WHOLE NINE.
SO THAT'S KIND OF THE CENTER AISLE WE CALL THE TREASURE FEEL, UH, PART OF THE STORE.
SO YOU'D NEVER KNOW WHAT YOU'RE GONNA FIND.
UH, PEOPLE, WE ADVERTISE OUT TWO WEEKS FOR IT, SO PEOPLE GET IN LINE ON WEDNESDAY MORNING TO COME AND SHOP THE L DEFINED SECTION.
UM, THE, WE DO ALL THAT IN ABOUT 20 TO 22,000 THOUSAND SQUARE FEET.
THIS STORE'S JUST A LITTLE BIT BIGGER BECAUSE THAT'S HOW BIG THE OFFICE DEPOT SPACE WAS.
UM, IT'S A FIVE AISLE STORE, VERY EASY TO NAVIGATE, VERY EASY TO SHOP, UH, IN A QUICK IN AND OUT.
UH, IN THE LAST FOUR OR FIVE, SIX YEARS.
WE'VE ALSO ADDED THE DOES EVERY OTHER RETAILER HAS, UM, THE E-COMMERCE OPTIONS OF CURBSIDE PICKUP AND DELIVERY, UH, TO ASSIST YOU WITH MAKING YOUR DECISION, UH, THIS EVENING.
UH, IF YOU DON'T MIND, I'D LIKE TO READ SOME THINGS I'VE, I'VE, I'VE POINTED OUT TO MYSELF, UH, THAT, UH, MAYBE HELP YOU MAKE YOUR DECISION TO ALLOW ALL THE, UH, THE PCN REQUEST.
UM, WE HAVE A LIMITED BEER WINE SELECTION, AS I SAID, ABOUT 125 BOTTLES OF WINE AND A DOZEN BEERS.
UH, WINE IS SOLD BY THE BOTTLE, UH, AND BEER IS SOLD BY THE TYPICAL 4 6 8 12 PACK.
HOWEVER, IT'S, HOWEVER, IT'S, UH, CARRIED.
UH, NO INDIVIDUAL BEERS ARE SOLD.
THE WINE IN BEER SECTION IS ABOUT 32 LINEAL FEET OF THE STORE, UM, OF THE, OF THE, OF THE SHELVING.
SO IF YOU MULTIPLY THAT OUT, THAT'S ABOUT 4% OF THE MILLENNIAL FEED OF THE SHELVING IS DEDICATED TO BEER AND WINE.
UH, THE BEER AND WINE SELECTION IS LOCATED AT THE FRONT OF THE STORE.
PATRICK, IF YOU CAN MIND PULLING THAT UP AT THE FRONT OF THE STORE.
UH, SO YOU CAN SEE THE CHECKOUTS THERE AT THE FRONT.
AND THE, AND THE RED IS THE BEER AND WINE SECTIONS IMMEDIATELY IN FRONT OF THE CHECKOUTS.
SO MON BY, BY THE CASHIERS AND THE FRONT END PERSONNEL.
WE HAVE A CCT CAM CCTV CAMERA SYSTEM WITH 34 CAMERAS, UM, ALL OF 'EM OPERATING 24 7.
AND OF COURSE, MONITORING ALSO THE BEER AND WINE SECTION.
WE HAVE A SINGLE POINT OF ENTRY AT THE FRONT OF THE STORE.
UM, UH, SO THAT'S THE POINT OF ENTRY AND THE POINT OF EGRESS.
AND WE, OF COURSE, WE HAVE THE REQUIRED, UH, EMERGENCY EXITS THROUGHOUT THE STORE, BUT THAT'S, THAT'S THE ONLY WAY IN AND WAY OUT FOR, MAINLY FOR CUSTOMERS EXCEPT FOR EMERGENCY.
UH, WE HAVE VERY FEW PROMOTIONS FOR BEER AND WINE, UH, IN STORE.
UH, YOU MIGHT SEE ONE OR TWO BOTTLES IN OUR AD, UH, ONE OR TWO BEERS IN HER A, UH, DEPENDING ON, YOU KNOW, THE OCTOBERFEST, THAT SORT OF THING, OR CCO DE MAYO.
UH, WE MIGHT ADVERTISE A LITTLE BIT, BUT IN STORE WHEN YOU'RE NOT GONNA SEE THE MASSIVE SUPER
[00:20:01]
BOWL DISPLAYS OR THE MASSIVE NFL PLAYOFFS OR ANYTHING LIKE THAT, WHERE THEY'VE GOT BEER AS YOU COME IN THE STORE HITTING YOU RIGHT IN THE FACE.SO YOU'RE NOT GONNA SEE THAT IN THE STORE.
UH, THIS LOCATION IN PARTICULAR AS, UH, AS MR. ALBE POINTED OUT, IS SURROUNDED BY, UH, COMMERCIAL, UM, TONS OF RESTAURANTS, TONS OF, UM, UH, OFFICE COMPLEXES, HOTEL, I THINK OF, UH, HERE AND THERE.
UM, AND IN TONS OF RETAILERS, UH, THE GRANTING OF THIS, UH, THIS PCN WILL ALSO ALLOW THE FOLLOWING.
IT'LL MAKE ALL, ALL THE PRODUCTS AVAILABLE TO ALL CUSTOMERS.
SO IF WE DO HAPPEN TO RUN SOMETHING IN AN AD AND THEY COME IN FOR IT, AND, AND THEY DON'T FIND IT, UH, THEY, THEY GET DISAPPOINTED.
UH, SO THE, THEY MAY TRAVEL THROUGH THREE OR THREE AND A HALF MILES AWAY TO GO TO OUR, OUR SAN CARLOS STORE.
UM, IT SAVES THEM ADDITIONAL TIME AND MONEY, UH, SO THEY DON'T HAVE TO, TO, TO GO TO ANOTHER STORE TO FIND THE, TO FIND WHAT THEY'RE LOOKING FOR.
UM, AND THEY ORDER TO BUY A NICE TABLE WINE TO COMPLIMENT THEIR DINNER FOR THE EVENING.
UH, AND AS WE KNOW WITH GAS PRICES AND INFLATION, EVERYBODY'S BUDGET SQUEEZED, UM, IN EVERY PENNY COUNTS.
ADDITIONALLY, UH, WE ALLOW, UM, YOU KNOW, THIS WILL ALLOW ALDI TO FAIRLY COMPETE WITH THE RETAILERS THAT WERE MENTIONED EARLIER.
THE COMPETITORS, UM, THE PR PEOPLE SAY, DON'T EVER MENTION A COMPETITOR ON IN THE IN PUBLIC, SO I'LL JUST SAY COMPETITORS.
UM, FINALLY, UM, WE HAVE ATTEMPTED TO PURCHASE A TYPE 20 LICENSE.
WE'VE ACTUALLY WENT OUT AS FAR AS TO TYPE TO IF WE CAN PURCHASE A TYPE 21 LICENSE, WHICH IS USUALLY DOUBLE THE PRICE OF A, OF A TYPE 20.
AND WE'VE BEEN LOOKING FOR THAT FOR LIKE A YEAR AND A HALF.
UH, SO WE'VE COME UP, COME UP EMPTY, UH, AND TO THE BEST OF OUR RESEARCH TELLS US, UH, NO, NO TYPE 20 S HAVE CHANGED HANDS IN THIS CENSUS TRACT, UH, SINCE THE ORDINANCE WENT IN PLACE IN 2013.
UH, IN SUMMARY, UH, WE ARE EXCITED TO BECOME A PART OF THE WHOLE EL OKLAHOMA COMMUNITY AND TO BRING OUR CONCEPT TO THE CUSTOMERS HERE.
UM, WE ARE EXCITED TO, TO PARTICIPATE IN THE REVITALIZATION OR REJUVENATION, HOWEVER YOU WANNA DETERMINE OF PARKWAY PLAZA.
I THINK THAT'S A GOOD CENTRAL CENTRAL POINT FOR, UH, THE CITY OF EL CAJON.
UM, I BELIEVE, I BELIEVE YOU'VE PROBABLY SEEN OUR CONSTRUCTION, UH, GOING ON IN THE LAST COUPLE, COUPLE OF MONTHS, AND I CAN PROMISE YOU WHEN THAT THING'S DONE, IT'LL BE BEAUTIFUL INSIDE AND OUT.
UM, AND WE'VE OBVIOUSLY MAKING A SIGNIFICANT INVESTMENT IN THE COMMUNITY.
UH, WE ASKED THAT YOU RECONSIDER THE, THE, UH, DIRECTOR'S DECISION AND GRANT OLDIE A PCN FOR THE TYPE 20 BEER AND MINE LICENSE, SO WE CAN CARRY ALL OF OUR PRODUCTS FOR ALL THE CUSTOMERS.
ANY QUESTIONS? UH, WE CAN, WE CAN ALL ANSWER, UM, SHOOT AWAY.
UM, FELLOW COMMISSIONERS, UH, GO RIGHT AHEAD.
UH, SO YOU'RE BRINGING THE LICENSE FROM SAN MATEO CITY, CORRECT? YEAH.
HAVE YOU, UH, CONSIDERED OR IS THERE, UH, SOMEBODY OUT THERE THAT'S WILLING TO DO A THREE-WAY TRADE OFF? SOMEBODY THAT WANTS TO MOVE TO SAN MATEO FROM EL CAJON, TAKE THAT LICENSE AND YOU WOULD TAKE THEIR LICENSE? I'VE NOT CONSIDERED, THAT'S PROBABLY GONNA DEPEND ON WHAT SAN MATEO'S ORDINANCES ARE.
UM, THEY PROBABLY WOULDN'T DO THAT IF, IF, IF SAN MATEO'S NOT AS RESTRICTIVE AS, AS AJO AT THIS POINT IN TIME.
COMMISSION VALEZ, YOU HAD A QUESTION? NO.
WHAT, WHAT ARE YOUR HOURS OF OPERATION THAT YOU'RE PLANNING ON FOR THIS PARTICULAR SITE? WE'RE, WE'RE ALL, ALL THE STORES IN CALIFORNIA OPEN NINE TO NINE, UH, SEVEN DAYS A WEEK AND CLOSE, YOU KNOW, A GOOD SELECT GROUP OF HOLIDAYS.
UM, WOULD YOU GUYS CONSIDER CONTINUING TO TRY TO FIND A LICENSE AND, AND, UH, PURCHASING IT AFTER THE STORE IS UP AND RUNNING? HAVE YOU GUYS, UH, THOUGHT ABOUT THAT AT ALL? ABSOLUTELY.
UM, THAT'S, WE, WE WOULD KEEP THAT HIGH ON OUR AGENDA.
I MEET WITH, UH, THE, UH, OUR LIQUOR LICENSE CONSULTANT, YOU KNOW, ONCE OR TWICE A MONTH.
AND I'VE INSTRUCTED THEM THAT IF, IF WE'RE GRANTED A LICENSE TO, TO TRANSFER IN THAT WE WILL CONTINUE TO LOOK FOR RELATIONS IN THE CENSUS TRACT OR IN THE CITY OF EL CAJON, AND WE'LL JUST MAKE THAT ONE EFFECTIVE FOR THIS LOCATION AND TRANSFER THE SAN MATE ONE OUT.
ANY OTHER QUESTIONS? ANY QUESTIONS? NO.
UH, WE APPRECIATE YOU GUYS BEING HERE.
WE ARE DESPERATELY IN NEED OF SUPERMARKETS AND GROCERY, GROCERY STORES, SO WE'RE EXCITED.
AND I KNOW MY KIDS ARE ECSTATIC.
THEY GO UP TO SAN CARLOS RIGHT NOW TO BUY GROCERIES, AND THEY LIVE IN LAKESIDE, SO PROBABLY HITTING THAT AL FINES AISLE PRETTY HARD, WOULD BE MY GUESS.
I, I DIDN'T KNOW ANYTHING ABOUT ALDI UNTIL THEY START SHOPPING THERE, AND THEY JUST ABSOLUTELY LOVE IT.
SO, AND, AND THEY'RE ON A FIXED, THEY'RE ON A FIXED BUDGET, SO IT'S A BIG DEAL TO THEM.
WELL, I, I CAME UP WITH A QUESTION.
REGARDING, UH, UH, SHOPLIFTING OR HOMELESS PEOPLE COMING INTO THE STORE.
DO YOU HAVE A POLICY HOW YOU WOULD, UH, HANDLE SOMEBODY THAT COME INTO TO THE STORE, OBVIOUSLY INTOXICATED, OR THEY'RE SHOPLIFTING OR, OR
[00:25:01]
ANYTHING OF THAT SORT? HOW WOULD YOU HANDLE THAT TYPE OF SITUATION? OH, ABSOLUTELY.OR YOU, WE'LL FOLLOW OUR STORE PROCEDURES AND ALL OF THEM ARE TO ADDRESS THOSE SITUATIONS.
AS SOON AS THEY COME ABOUT, YOU JUST DON'T LET 'EM WALK OUT.
WE'RE ATTEMPT OUR BEST TO ESCORT THEM OUT, TO KEEP EVERY, WE'RE GONNA ATTEMPT OUR BEST TO ESCORT THEM OUT.
THEN IF IT NEEDS TO BE ESCALATED, WE'LL HAVE TO ESCALATE IT.
YOU MENTIONED YOU DO NOT SELL SINGLE CANS, 40 ANSWERS, ANY OF THAT STUFF.
IS THAT CORRECT? THAT'S CORRECT.
AND NO PLANS IN THE FUTURE TO DO SO? NO.
NOT THAT I'M AWARE OF, BUT I, I'M, BUT THE PROGRAM'S BEEN IN PLACE FOR A NUMBER OF YEARS NOW.
AND WE HAVE NOT GONE THAT, THAT DIRECTION.
I DO HAVE AN ADDITIONAL QUESTION.
UM, SO HOW ARE YOUR CHECKOUT STANDS GOING TO BE? WILL THEY ALL BE MANNED, OR ARE YOU GOING TO HAVE ANY OF THE SELF CHECK WHERE PEOPLE CHECK THEMSELVES OUT AND THEN CAN LEAVE? WELL, INTERESTING ENOUGH SELF CHECKOUT'S COMING.
UH, PATRICK, CAN YOU PULL THAT UP FOR ME ONE MORE TIME TO GET THE FLOOR LAYOUT YEP.
ANY CHANCE YOU CAN BLOW THAT UP A LITTLE BIT OR NO? OKAY.
SO YOU SEE THE, THE ENTRY IS DOWN AT THE BOTTOM OF THE PAGE.
UM, THEY SHOP FOLKS SHOP THE STORE, AND THEY END UP AT THE, YOU KNOW, AT THE FRONT THERE, FRONT SECTION THERE WHERE YOU SEE THE FOUR BAYS OF, OF CHECK LANES TOGETHER.
AND THOSE TWO DUAL CASHIER STANDS ARE IN CHARGE OF THAT SELF CHECKOUT AREA THERE AS WELL.
AND OBVIOUSLY IN CALIFORNIA, YOU CAN'T SELF CHECK OUT IF YOU'RE BUYING ALCOHOL, YOU CAN'T SELF CHECK OUT ALCOHOL.
THAT'S MONITOR TO MAKE NOBODY, I DON'T EVEN THINK IT ALLOWS YOU TO SCAN IT IN CALIFORNIA, GET A RED LIGHT.
IT WON'T EVEN, I DON'T THINK IT EVEN SCANNED ITSELF CHECKUP.
ACTUALLY, I CAN TELL YOU HOW THAT WORKS AT VAUGHN'S.
IT DOES ALLOW YOU TO SCAN IT, BUT IT ALERTS AND SOMEBODY HAS TO COME OVER AND CHECK YOUR ID, RIGHT? YEAH.
THE FRONT END MANAGER COMES UP AND DOES, DOES THEIR KEY CODE OR WHATEVER.
THAT'S WHAT, THAT'S WHAT I'VE SEEN ANYWAY.
THE ALBERTSONS TELLS YOU TO GO TO THE REGULAR LINE, WHICH IS INTERESTING.
QUESTION KIND OF FOR, FOR BOTH.
BEFORE IN THAT LOCATION, THERE WAS AN ALBERTSONS, AND I ASSUME THAT ALBERTSONS DID HAVE A LIQUOR LICENSE.
I, YEAH, I KNOW, BUT MANY YEARS AGO THERE WAS AN ALBERTSONS AT THE END OF THERE MANY YEARS AGO.
THERE WAS A GROCERY STORE THERE, BUT IT TURNED INTO BEST BUY.
SO I JUST CURIOUS IF THEY KNEW YOUR MICROPHONE ON.
IT IS ON, MAYBE I NEED TO BE LOUDER.
I'VE BEEN HERE FOR 25 YEARS, BUT THERE USED TO BE NOW SINCE, AND I BELIEVE THERE WAS A LIQUOR LICENSE THERE, SO I, BUT I, I DON'T KNOW, THEY PROBABLY RELEASED TO SOMEWHERE ELSE, BUT THERE HAS BEEN IN THAT AREA BEFORE.
UM, IF STAFF DIDN'T LOOK INTO HISTORICAL LICENSES, YEAH.
WE JUST HAVE THE DATA FOR THE CURRENT LICENSES.
IS THERE ANY OTHER SPEAKER CARDS? I DO HAVE PATRICK AND DOUGLAS
NO OTHER SPEAKER CARDS AT THIS TIME I'LL MAKE A MOTION TO CLOSE PUBLIC HEARING.
MOTION MADE BY COMMISSIONER MORROW, SECONDED BY COMMISSIONER SOT PLEASE VOTE.
MOTION CARRIES BY UNANIM, BUT, ALL RIGHT.
WELL, FELLOW COMMISSIONERS, LOVE TO HEAR YOUR THOUGHTS.
SO I HAVE SOME THOUGHTS REGARDING, UH, PARKWAY PLAZA AND THE REGIONAL SHOPPING CENTER.
UM, WE'RE TALKING RIGHT NOW ABOUT OFF SALE ALCOHOL LICENSES, BUT LET'S TALK FOR A MOMENT ABOUT ON SALE ALCOHOL LICENSES.
WE'VE RAN INTO THE SAME ISSUE WITH A NUMBER OF RESTAURANTS IN PARKWAY PLAZA.
IT'S AN OVER CONCENTRATION, BUT WE ALLOWED THEM, BECAUSE IT'S A REGIONAL SHOPPING CENTER AND MANY PEOPLE DRIVE MANY MILES JUST TO GO TO PARKWAY PLAZA.
UM, SO I WONDER IF WE MIGHT CONSIDER THE SAME THING FOR THE SITE OF PARKWAY PLAZA WITH THE OFF SALE LICENSES, ESPECIALLY SINCE THIS ISN'T A BAR, THIS ISN'T A RESTAURANT THAT'S SENDING PEOPLE OUT THE DOOR HAVING HAD ALCOHOL, BUT CARRYING ALCOHOL IN BOTTLES AND CANS.
UM, AS FAR AS REGIONAL SITE GOES, I DON'T SEE ANY ISSUE WITH ONE MORE GROCERY STORE THAT ACTUALLY HAS BEER AND A WINE IN IT.
THE BIG STICKY POINT IS THE, THE CONDITION OF APPROVAL WAS
[00:30:01]
TO TAKE AN OVER CONCENTRATED LICENSE OUT OF THE CITY, OR AT LEAST MOVE IT FROM ONE OVER CONCENTRATED AREA INTO ANOTHER.SO WE'RE NOT ADDING A LICENSE TO THE CITY, AND IF WE'RE PULLING IT FROM SAN MATEO, WE'RE ACTUALLY ADDING THE LICENSE TO THE CITY.
YOU KNOW, I WAS THINKING THE SAME THING.
AND ONE OF THE THINGS THAT IS DIFFERENT, YOU KNOW, ALDI IS A, IS, IS A CORPORATION OF CONSIDERABLE SIZE.
AND, UM, YOU KNOW, I, I DON'T KNOW HOW WE WOULD DO IT, BUT I WOULD LIKE TO, TO GET SOME FOLLOW-UPS.
AND IF HE MENTIONED THAT THEY WILL CONTINUE LOOKING FOR A LICENSE, UH, I WOULDN'T SEE IT BEING AN ISSUE FINANCIALLY FOR THEM TO, WHEN ONE DOES COME AVAILABLE, WE KNOW WHEN ONE COMES AVAILABLE, WE KNOW IT'S GONNA BE EXPENSIVE, LET'S START THERE.
UM, ESPECIALLY IF IT WAS A TYPE 21 AND WE COULD GET RID OF A 21 FOR A 20.
AGAIN, IT'S, IT'S, UM, IT IS A CORPORATION WITH, UH, HIGHER STANDARDS IN PLACE.
UM, THERE IS DEFINITELY A NEED FOR A GROCERY OUTLET.
WE ARE, WE ARE LACKING IN GROCERY STORES.
WHEN VA WENT DOWN ON SECOND STREET, THAT WAS A BIG DEAL.
THAT WAS A BIG DEAL FOR A LOT OF PEOPLE IN THAT AREA.
I MEAN, WHERE DO THEY GO? YOU KNOW, I MEAN, I LIKE, I LIKE SMART AND FINAL, BUT IT'S A BULK STORE.
UM, I DON'T HAVE A PROBLEM WITH SOME OF THE WALMARTS, BUT AGAIN, IT'S DIFFERENT QUALITY.
UM, AND THERE'S REALLY NO SERVICE IN THAT AREA FOR A STORE.
AND, AND MY BIGGEST THING IS LOOKING FORWARD, IF WE GET A REDEVELOPMENT OF PARKWAY PLAZA, WE KNOW THERE'S GONNA BE SOME MIXED USE THERE AND THEY'RE GONNA NEED TO BE ABLE TO SHOP AS WELL.
AND SO THOSE ARE, THEY DON'T HAVE TO LEAVE TO GO SOMEWHERE ELSE.
THEY CAN JUST GET A ONES STOP SHOP AND GET EVERYTHING DONE.
AND THEY ARE VERY COST EFFECTIVE IN COMPARISON TO A LOT OF THE THINGS IN THE AREA.
WON'T MENTION NAMES, BUT THEY ARE SURE.
I MISSION RULES, LET ME SEE IF I UNDERSTAND YOU CORRECTLY.
WHAT YOU'RE SUGGESTING IS TO, UM, UH, GOING AGAINST A COMMISSIONER'S DECISION OR, UH, GOING WITH A COMMISSION'S DECISION WITH LEAVING THE OPEN OPEN IN CASE THEY FIND A LICENSE ELSEWHERE.
UH, AM I, AM I, UH, STATING THAT CORRECTLY OR, YEAH, I, WHAT, WHAT I WOULD LIKE, IF WE ARE WILLING TO, UH, TO, TO GRANT THE TYPE 20, I WOULD WANT THEM TO CONTINUALLY, I WOULD WANT THEM TO CONTINUE UNTIL THEY FIND A LICENSE.
WHETHER IT TAKES SIX MONTHS, A YEAR, TWO YEARS TO BE THE FIRST ONE ON THE, UH, RADAR TO RETIRE A LICENSE.
BUT ONCE YOU HAVE THE APPROVAL AND YOU'RE SELLING ALCOHOL, WHAT'S THE INCENTIVE TO GO AND FIND ANOTHER LICENSE? THAT'S A GREAT POINT.
UM, I DON'T KNOW IF THAT'S SOMETHING WE CAN PUT IN, YOU KNOW, MAYBE LIKE A SIX MONTHS REVIEW, FIND OUT, YOU KNOW, AND I DO AGREE WITH THAT.
UM, I DON'T KNOW IF THAT'S POSSIBLE STAFF IF WE'RE ABLE TO DO THAT.
SO, MR. CHAIRMAN, IF I COULD INTERJECT.
UM, I THINK THE, I THINK THE NUANCE IN THE DISCUSSION HERE IS THAT TONIGHT WE'RE TALKING ABOUT AN APPEAL OF THE DIRECTOR'S DETERMINATION.
SO THE, THE FOCUS, UM, OF THIS DISCUSSION TONIGHT IS SOLELY ON THOSE FACTORS THAT WE DESCRIBED IN THE, IN THE PRESENTATION AND STAFF REPORT, WHICH IS, IS IT AN OVER CONCENTRATED SENSE TRAC AND IS IT IN A HIGH CRIME AREA? SO I UNDERSTAND THE MERITS OF THE DISCUSSION THAT THE COMMISSION'S HAVING AS IT RELATES TO, YOU KNOW, HAVING MORE OPPORTUNITIES FOR OFF SALE LICENSES IN A REGIONAL SETTING.
THAT THE ISSUE IS, IS THAT THAT'S NOT THE CODE THAT WE HAVE IN PLACE RIGHT NOW.
SO THE CITY COUNCIL, AS THE LEGISLATIVE BODY HAS ESTABLISHED THAT CODE SECTION AND THOSE CRITERIA.
AND SO THE SPECIFIC QUESTION THAT WE HAVE TO LOOK AT TONIGHT ARE THOSE, JUST THOSE TWO FACTORS OF OVER CONCENTRATION AND CRIME AS IT RELATES TO THE DIRECTOR'S DETERMINATION.
SO IF THE, IF THE COMMISSION WERE TO BE, UM, OF THE MIND THAT, THAT THERE IS MERIT TO CHANGING THE CODE THAT'S NOT ON THE TABLE FOR TONIGHT BECAUSE IT HASN'T BEEN DOCKETED OR AGENDA OKAY.
SO ULTIMATELY, IF THIS WERE TO BE DENIED BY THE PLANNING COMMISSION, UM, IT'S MY UNDERSTANDING THAT THE APP APPLICANT IS, UH, WOULD BE INTERESTED IN APPEALING THAT TO THE CITY COUNCIL.
SO AT THAT HEARING, UM, THE, UM, CITY COUNCIL WOULD HAVE THAT OPPORTUNITY TO, TO LOOK AT THAT AND PROVIDE DIRECTION TO STAFF.
SO AT THE SAME TIME, SO IF THE PLANNING COMMISSION IS INTERESTED IN, UM, PROVIDING AN OPINION ON, ON THAT TYPE OF CHANGE, UM, IF YOU WERE TO DENY THIS REQUEST TONIGHT, UM, YOU COULD ALSO PROVIDE DIRECTION TO STAFF THAT IF THIS IS APPEALED TO THE CITY COUNCIL, UM, TO, UH, PROVIDE SOME ADDITIONAL
[00:35:01]
BACKGROUND ABOUT THE COMMISSION'S, FEELINGS ABOUT REGIONAL SERVING ALCOHOL OUTLETS AT THEM ALL.NEXT QUESTION I HAVE, AND THIS MIGHT BE FOR BARBARA.
THE, THE, THE RESOLUTION THAT WE HAVE IS TO, WE EITHER DENY OR NOT DENY THE, THE APPEAL OF THE COMMUNITY DEVELOPMENT.
SO, SO IN OTHER WORDS, WHAT WE'RE VOTING ON TONIGHT, JUST SO I'M CLEAR, IT SAYS, MOVE TO ADOPT THE NEXT RESOLUTION OR DENYING THE APPEAL.
THAT'S EITHER AN UP OR DOWN VOTE.
SO, JUST SO I UNDERSTAND, SO IF WE DON'T ADOPT THAT RESOLUTION AND WE DON'T, AND, AND, UM, WE DON'T DENY THE APPEAL, WHAT DOES THAT MEAN? WELL, THAT WOULD MEAN BACKING UP A LITTLE BIT, UH, A, A LIQUOR LICENSE IS A PROPERTY, RIGHT? IT'S, UM, AN INTEREST, A VERY EXPENSIVE INTEREST IN PROPERTY.
AND IF ONE, UH, APPLICANT IS GIVEN THAT PROPERTY AND ANOTHER DENIED IT, THAT'S A VIOLATION OF DUE PROCESS.
SO KEEP IN MIND THAT IF YOU WERE TO, UH, OVERRULE THE DIRECTOR'S DECISION THAT IT WOULD OPEN THE DOOR FOR OTHERS IN THE AREA.
SO IF WE, IF THERE'S NOT ENOUGH VOTES TO DENY, DOES THE MOTION, DOES THEIR APPEAL CARRIES? I GUESS MY QUESTION, DOES THAT MAKE SENSE? SO, UH, YES, BUT AGAIN, I'LL REMIND YOU, YOU NEED TO MAKE FINDINGS FOR THAT.
THAT, THAT, THAT WAS MY, THAT WAS MY QUESTION.
JUST WHEN IT CAME TO, YOU KNOW, THE VOTING.
CAN I ADD, JUST DO ONE MORE THING TO THAT.
THE, UM, AND SO IN RELATION TO YOUR QUESTION ABOUT, UM, AN ALTERNATIVE RESOLUTION, IF YOU WANTED TO GRANT THE APPEAL, YOU WOULD HAVE TO MAKE FINDINGS IN THE POSITIVE.
SO YOU'D HAVE TO MAKE A FINDING THAT THE CENSUS TRACT IS NOT OVER CONCENTRATED AND THAT THERE'S NOT A HIGH CRIME RATE IN THE AREA.
SO THERE WOULD'VE TO BE ALTERNATIVE, UH, ALTERNATIVE FINDINGS.
YEAH, REGARDING THAT, CUZ HE SAYS IT, IT'S, UM, THE AREA IS KIND OF, IT'S TOO DENSE FOR THE AREA, BUT IS THAT POPULATION WISE, THAT'S MOSTLY COMMERCIAL AND BUSINESSES.
SO HOW IS THAT BASIS IN OPPOSED TO OTHER AREAS WHERE THERE ARE MORE RESIDENTIAL HOUSING WHERE THIS AREA IS BASICALLY MOSTLY COMMERCIAL RESIDENTS, YOU KNOW, BUSINESSES AND YOU'VE GOT THE WHOLE, YOU KNOW, AIRFIELD AND EVERYTHING.
SO HOW DO THEY JUSTIFY AMOUNT THAT THEY COULD USE WHEN YOU'RE USING AN AREA THAT'S NOT REALLY POPULATED BY RESIDENTS, IT'S MORE OF A COMMERCIAL ZONE, PARKWAY PLAZA AND WHATNOT.
YOU KNOW, I WOULD ACKNOWLEDGE THAT I, I UNDERSTAND YOUR POINT AND THAT IT IS NOT A HIGHLY POPULATED AREA AND THAT'S WHY THERE'S NOT A LOT OF CAPACITY FOR LICENSES THAT ARE THERE.
AND OBVIOUSLY MANY LICENSES WERE GRANTED OVER TIME IN THE PAST PRIOR TO THE REGULATIONS THAT WE HAVE NOW, UH, BECAUSE OF THAT FACT, BECAUSE IT'S AN EASILY ACCESSIBLE AREA THAT'S, YOU KNOW, UH, RIGHT OFF THE FREEWAY WITH A LOT OF REGIONAL SERVING, UM, COMMERCIAL USES.
UM, BUT REALLY IT'S, IT'S FROM THE STAFF PERSPECTIVE AND THE DIRECTOR'S DETERMINATION PERSPECTIVE, WE'RE JUST, WE'RE STUCK BETWEEN KIND OF A ROCK AND HARD PLACE.
AND THAT THE CODE RIGHT NOW SAYS THAT WE DON'T WANT TO ADD MORE.
AND, AND REALLY THE ANSWER TO THE QUESTION IS, UM, IF THE COMMISSION AND OR THE CITY COUNCIL IN THE FUTURE WANTS TO ADD MORE, THEY NEED TO GIVE DIRECTION TO CHANGE THAT CODE AND BRING THAT BACK THROUGH THE PLANNING COMMISSION AND CITY COUNCIL AND HAVE THEM APPROVE THAT.
SO JUST TO TAKE THAT ONE STEP FURTHER, UM, IF, IF THAT DIRECTION WAS GIVEN, UM, TO STAFF TO CHANGE THE CODE, UM, AND THEN IN THE, THEN ALDI IN THE FUTURE COULD COME BACK AND SEPARATELY, DEPENDING ON WHAT THE CODE SAYS, APPLY FOR A NEW, UH, PUBLIC CONVENIENCE OR NECESSITY FINDING, AND THAT COULD BE GRANTED BY THE DIRECTOR WITHOUT HAVING TO COME BACK THROUGH A HEARING AT THE PLANNING COMMISSION.
UM, YEAH, YOU KNOW, THE, UH, DIRECTOR'S, UH, DECISION, I, I FIND IT VERY COMPELLING AS NOAH ALVI HAS, UH, HAS STATED, YOU KNOW, THE CODE IS, UM, UH, YOU KNOW, IT'S, IT'S PURE.
IT'S, UH, IT SAYS WHAT IT SAYS, YOU KNOW, AT THE SAME TIME, UM, TO, UH, TO, UH, DENY THE DENYING HERE IT WOULD, WE'D BE DOING GYMNASTICS WITH A CODE, AND THAT MEANS WE'RE TWISTING THE CODE TO SAY SOMETHING THAT IT DOESN'T SAY THAT BECAUSE OF THIS AND THIS AND THIS AND THAT.
WE'RE MAKING ALL KINDS OF EXCUSES.
AND I THINK THAT OPENS UP THE DOOR FOR LIKE BARBARA STATED, UH, TO OTHER ISSUES THAT WE MAY HAVE COMING BEFORE US.
AND, UM, I THINK WE'RE, WE'RE TREADING ON VERY PRECARIOUS GROUND RIGHT NOW.
AND I THINK LIKE STAFF HAS STATED, THE ONLY PEOPLE WHO ARE AUTHORIZED TO MAKE THE CHANGE IN THE CODE AND THE ZONING IS
[00:40:01]
THE CITY COUNCIL.IT'S, UH, BEYOND OUR SCOPE TO MAKE THAT, UH, DECISION.
HOWEVER, WE, WE COULD MAKE A DECISION AND SAY, WELL, WE RECOMMEND THAT THE CITY COUNCIL CHANGE THE CODE.
IN MY MIND DOING THAT, UM, WE WE'RE COMING TO A SLIPPERY SLOPE.
WHERE, WHERE DO WE DRAW THE LINE, RIGHT? SURE, SURE.
UM, I AGREE THE, UH, CITY COUNCIL ALSO THEY CAN APPEAL TO CITY COUNCIL AND CITY COUNCIL CAN DO THE SAME THING THAT WE'RE SITTING HERE THINKING ABOUT DOING TONIGHT.
WHETHER WE AGREE WITH THE DENIAL OR NOT, THAT THAT'S, I GUARANTEE YOU THAT, UM, THE CHANGING OF THE CODE WILL TAKE TIME.
YOU KNOW, MY, MY MY CONCERN IS THIS, WE'VE GOT A SITUATION WHERE PRIOR TO 2013, UH, ON OFF SALE LICENSES WERE HANDED OUT LIKE CANDY.
UH, THE BAD ACTORS HAVE RUINED IT FOR THE GOOD ACTORS, UH, LIKE AN ALDI.
AND MY GOAL IS, AS FAR AS FINDINGS GO, IS TO GET GROCERY STORES HERE FOR PUB PUBLIC TO, TO HAVE A PLACE TO SHOP.
I MEAN, I DON'T NEED TO SEE ANY MORE FINDINGS IN THE FACT THAT WE NEED MORE GROCERY STORES HERE, IN MY OPINION.
UM, I DON'T ALSO KNOW THAT THE APPEAL PROCESS IS TO ALLOW US TO MAKE A DECISION OUTSIDE OF THE CODE, BECAUSE THE CODE IS A CODE, LIKE YOU SAID, AND IT IS VERY RIGID.
UM, AND THERE MAY BE TIMES ONCE IN A WHILE WHERE WE NEED TO MAKE AN EXCEPTION.
UM, I'M, WE'RE NOT TALKING A CONVENIENCE STORE HERE, WE'RE NOT TALKING, WE'RE TALKING ABOUT A CHAIN OF, YOU KNOW, 2000 STORES THAT WANTS TO CONTINUE TO DEVELOP.
UM, AND SO I JUST, I I, I HAVE TO LOOK AT IT A LITTLE BIT DIFFERENTLY FROM THAT STANDPOINT, UM, JUST BECAUSE WE, WE GIVE OUT THESE ON SALE LICENSES WITH ZERO REGARD FOR WHATEVER REASON, THERE'S NOT A PROBLEM WITH THE ON SALE.
UM, I THOUGHT A LOT ABOUT THIS AND WHEN HE MENTIONED THAT THEY WEREN'T SELLING SINGLE CANS, YOU KNOW, WHICH EVERY OTHER PLACE IS, EVERY GAS STATION, EVERY SEVEN 11, EVERY, YOU KNOW, THIS IS ANCILLARY, 4% IS ANCILLARY TO PEOPLE GOING TO A GROCERY STORE, YOU KNOW, AND I WANT THEM TO SUCCEED.
UM, AND I KNOW THIS IS PART OF THEIR MODEL, SO I, I AM, I AM TORN JUST LIKE EVERYBODY ELSE HERE.
I'M TORN BECAUSE I FEEL LIKE THEY'RE BEING PENALIZED FOR THE PROBLEMS OF THE PAST BEFORE 2013.
UM, AND IT'S OBVIOUS THAT, UH, THEY'RE NOT HERE TO PEDAL ALCOHOL.
THEY'RE HERE TO SERVE THE COMMUNITY WITH A GROCERY STORE.
I MEAN, THAT'S A BIG DIFFERENCE TO ME.
AND IF, IF THEY'RE WILLING TO MAYBE EVEN COME BACK AND GIVE US AN UPDATE ON WHAT THEY'VE FOUND AND EVERY SIX MONTHS UNTIL THEY FIND SOMETHING, YOU KNOW, I WOULD BE WILLING TO CONSIDER IT.
BUT I JUST, I, I, I DON'T WANT TO PAINT HIM WITH SUCH A BROAD BRUSH EITHER, YOU KNOW, THAT THAT'S WHY WE HAVE AN APPEALS.
WHY EVEN HAVE APPEALS? WHY NOT JUST SAY THE CODE IS THE CODE AND YOU'RE, YOU'RE STUCK.
I MEAN, THERE IS, THERE IS A PURPOSE TO THAT COMMISSION VALEZ.
UM, YEAH, AS I LOOK AT KIND OF THE BIG FOUR, AGAIN, WE WON'T SAY NAMES, BUT THE BIG FOUR STORES, I MEAN, TO ME, TWO OF THEM ARE DEPARTMENT STORES THAT HAPPEN TO ADD SOME GROCERIES INTO THEM.
UM, I'VE BEEN IN ONE OF THEM THAT'S LOCATED THERE IN PARKWAY PLAZA, AND ALMOST EVERY TIME I'M THERE, SHOPLIFTING HAPPENS.
VA I MEAN, FLAGRANT, THEY DON'T EVEN TRY TO HIDE IT.
YOU'LL SEE SOMEBODY PICK UP A BAG OF CHIPS, START EATING IT IN THE STORE, AND THEN JUST PUT THE THING, YOU KNOW, PUT THE EMPTY BAG AT THE CHECKOUT AND, AND JUST WALK OUT.
UM, I'VE WATCHED PEOPLE, THAT'S WHY I ASKED ABOUT THE SELF CHECK.
UM, I'VE BEEN IN A FEW STORES THAT HAVE PUT THOSE SELF CHECKOUTS AND, UM, I'VE SEEN PEOPLE'S THINGS BEEP.
AND THE PERSON WHO'S MANNING IT, YOU KNOW, KIND OF OVERSEEING ALL OF THEM, KIND OF GOES OVER AND PUNCHES IN THEIR CODE, WHATEVER IT IS, UM, WHILE THE PERSON'S BAGGING UP THE GROCERIES.
AND AS THEY TURN AROUND AND WALK AWAY, THEY WALK OUT AND I WATCH ONE GUY GO, WAIT, DID THAT PERSON JUST WALK OUT? THEY DIDN'T EVEN PAY WITH BAGS FULL OF GROCERIES.
UM, AND I THINK THAT IN SOME OF THESE STORES THAT THEY'RE SO BIG AND THEY'RE SO KIND OF WALLED OFF THAT IT'S HARD TO EVEN GET A VISUAL THE WAY THAT WE WERE SHOWN IN THE PLANS.
I KIND OF LIKE THE FACT THAT THE SELF CHECK IS NESTLED IN BETWEEN SOME MANNED STATIONS.
AND EVEN IF, YOU KNOW, YOU HAVE THE TWO, IF I REMEMBER CORRECTLY, IT WAS TWO MAN STATIONS, A SELF CHECK, AND THEN THEN ANOTHER MAN'S STATION.
SO EVEN IF YOU DIDN'T HAVE THAT OTHER ONE MANNED, YOU HAVE PEOPLE BETWEEN THE DOOR AND THE SELF CHECK.
I'VE BEEN INSIDE THOSE STORES.
YOU DON'T HAVE REALLY HIGH AISLES.
I MEAN, IT JUST IS MORE OPEN IN THE WAY IT'S LAID OUT.
IT'S NOT LIKE, OR PEOPLE CAN BE HIDING IN THE AISLES.
I MEAN, I'VE SEEN PEOPLE DRINKING.
I, I MEAN, I'VE SEEN A LOT OF THINGS IN STORES.
I'VE LIVED IN EL CAJON A LONG TIME TOO.
UM, AND IT IS NICE IF YOU CAN GO INTO, I MEAN, THIS IS THE KIND OF STORE
[00:45:01]
I, I WOULD FEEL COMFORTABLE TAKING MY GRANDKIDS IN.WE'RE GONNA, I'VE BEEN TO THE ONE EVEN UP IN RAMONA.
UM, YOU GET A COUPLE OF ITEMS. I'M NOT USUALLY BUYING ALCOHOL IF I'M WITH THEM, BUT IF I WANTED TO BUY A BOTTLE OF WINE OR SOMETHING THAT YOU COULD, AND YOU FEEL SAFE TAKING YOUR KIDS IN THE STORE BECAUSE YOU COULDN'T HAVE EYES ON THEM AND EYES ON YOUR SURROUNDINGS.
SO I AGREE IT, THAT'S THE KIND OF STORY YOU WANNA BRING INTO YOUR COMMUNITY.
UM, THE, UM, I MEAN THERE IS A, A WALMART MARKETPLACE THAT'S ON SECOND, BUT IT'S, YOU KNOW, I DON'T LIKE TO, I, I GO TO THE SPROUTS, BUT YOU KNOW, YOU DON'T REALLY LIKE TO GET OUTTA YOUR CAR.
YOU GET PANHANDLED LIKE CRAZY EVEN THOUGH THEY'RE NOT SUPPOSED TO DO THAT.
SO, UM, BUT YOU KNOW, I KNOW THAT WE'RE LOOKING AT THIS OTHER DEVELOPMENT, UM, THAT, YOU KNOW, POTENTIALLY IN PARKWAY, I KNOW THAT'S NOT NECESSARILY A QUESTION BEFORE US, BUT WHEN I THINK ABOUT THE CRIME ISSUE, WHAT THEY PRESENTED COULD ACTUALLY HELP PREVENT, UH, AND THEY'RE SETTING UP THEIR STORE WHERE THERE WOULDN'T BE AS MUCH CRIME FOR THEIR STORE.
THE OTHER STORES THAT ARE NOT DOING THE PREVENTION IS HURTING A STORE THAT HAS A LAYOUT THAT ALREADY LENDS ITSELF TO NOT HAVE THAT.
AND I ALSO THINK THAT IT, UM, THE PEOPLE THAT ARE GOING IN THERE, I DON'T WANNA BE STEREOTYPICAL, UM, BUT YOU'RE LOOKING FOR VERY SPECIFIC THINGS.
IT'S FAMILIES THAT ARE BUYING FAMILY SIZE ITEMS. YOU, IT WOULD BE HARD FOR A SMALL FAMILY TO GO INTO A SMART AND FINAL AND NOW THEY'VE GOTTA BUY A MONTH'S WORTH OF SOMETHING WHEN THEY'RE LIVING WEEK TO WEEK WITH OUR PAYCHECKS.
SO I THINK THERE'S A LOT OF THINGS FOR US TO LOOK AT IF WE'RE, IF WE'RE, YOU KNOW, TRYING TO OVER MAKE THE EXCEPTION, I CAN'T, I DON'T KNOW HOW IT REALLY DEALS WITH THE OVER CONCENTRATION OTHER THAN LIKE A COMMISSIONER POLLOCK RU SAID, YOU, YOU'RE IN AN AREA THAT'S CONCENTRATED WITH BUSINESSES, SO IS IT UNFAIRLY BEING CHARGED WITH OVER CONCENTRATION BECAUSE OF THE, BECAUSE OF THAT? UM, AS OPPOSED TO IF YOU LOOKED AT A MORE RURAL, YOU KNOW, I DUNNO IF WE HAVE REALLY A RURAL AREA, BUT I DON'T KNOW, I THINK I WAS THROWING A LOT OF STUFF OUT THERE, BUT WHEN I THINK ABOUT CRIME, I JUST THINK ABOUT THE WAY THEIR STORE'S LAID OUT.
IT WOULD BE THEY'RE NOT GONNA ADD TO THE CRIME AS FAR AS SHOPLIFTING.
AND I DON'T THINK PEOPLE GO INTO AN ALLIE TO GET A BOTTLE OF WINE AND DOWN IT IN THE PARKING LOT AND THEN, YOU KNOW, YEAH.
THAT'S JUST MY, MY THOUGHTS ON THAT.
MR. CHAIRMAN, CAN I ADD TO THAT? YEAH, JUST FOR ONE SECOND.
THE, SO, UM, I WOULD SAY THAT, UM, IF WE'VE SPOKEN WITH ALDI ABOUT, UM, YOU KNOW, LOOKING AT FINDING A LOCATION OR A LICENSE ELSEWHERE, THE CITY TO TRANSFER TO THIS LOCATION, UM, WE HAD NOT RULED THAT OUT.
UM, IF THEY WERE TO FIND THE ONE THAT WAS LOCATED ELSEWHERE IN THE CITY, UM, AND PROPOSE TO RELOCATE IT TO THE, THE CURRENT LOCATION, UH, WE WOULD EVALUATE THAT IN CONJUNCTION WITH THE POLICE DEPARTMENT AND LOOKING AT THEIR, UH, OBVIOUSLY THEY HAVE A, A VERY ROBUST, UM, YOU KNOW, CRIME, UH, DETERRENCE PROCESS WITH SECURITY CAMERAS AND, AND OTHER THINGS THAT THEY HAVE IN PLACE.
UM, SO, UM, THE CRIME REPORTING IS PART OF THE FINDINGS AND PART OF THE FACTS THAT WE PRESENTED TONIGHT.
UH, BUT I WOULDN'T NECESSARILY, UM, IDENTIFY THAT AS SOMETHING THAT WOULD BE A, A FACTOR FOR DENIAL IF THEY WERE TO FIND A, A LICENSE ELSEWHERE IN THE CITY TO RELOCATE.
AND THEN I, THE CITY ATTORNEY WANTED TO ADD ONE ADDITIONAL ITEM.
THE, UM, AS I MENTIONED ABOUT DUE PROCESS, IF WE ALLOW THIS BECAUSE THIS IS A STORE WE, LIKE DOWN THE ROAD, WE WOULDN'T BE ABLE TO CLAIM THAT WE GAVE EVERYONE DUE PROCESS BECAUSE A LIQUOR LICENSE IS A PROPERTY, RIGHT.
AND IF WE GIVE IT TO ONE STORE BECAUSE WE THINK IT'S A BETTER STORE AND DENY IT TO ANOTHER ONE, WE'RE DENYING THAT OTHER STORES DUE PROCESS.
SO WE'RE KIND OF STUCK BETWEEN THE LAW HERE AND OUR OWN, UH, OUR OWN MUNICIPAL CODE.
AND THE ONLY WAY THAT'S GONNA CHANGE IS IF THE MUNICIPAL CODE CAN BE CHANGED.
SO IF WE CHANGE A MUNICIPAL CODE AND WE SAY ANYONE THAT HAS A STORE THAT'S OVER 15,000 SQUARE FEET GETS A LICENSE AND ANYONE UNDERNEATH, ARE WE ALSO PICKING WINNERS AND LOSERS THAT WAY TOO? THAT THAT WOULD BE SOMETHING THAT WOULD BE WORKED OUT AT THE TIME? UH, RIGHT BETWEEN THE, YOU KNOW, STAFF AND OKAY.
YEAH, SO WITH THE, WITH THE NEW POLICY, IF A NEW POLICY, UM, OR A NEW ORDINANCE WERE TO BE ADOPTED BY THE CITY COUNCIL THAT HAD THOSE ADDITIONAL EXCEPTIONS, UH, KIND OF LIKE THE COMMISSION AND THE DISCUSSION ALLUDED TO EARLIER WHERE, UH, THE PROCESS FOR ON SALE ALCOHOL, THE MALL WAS CHANGED, UM, THIS WOULD JUST BE ANOTHER PROCESS CHANGE.
SO, YOU KNOW, IF THE, IF THE COMMISSION, UH, BELIEVES, UM, THAT THAT IS APPROPRIATE IN THIS INSTANCE, THAT'S SOMETHING THAT COULD BE CONVEYED, UH, BY A MOTION MAKER TO SAY THAT THERE'S INTEREST IN PROVIDING MORE FLEXIBILITY TO THE CODE IN THE FUTURE.
BUT AGAIN, THAT THE NARROW FOCUS OF THE DISCUSSION, UH, THIS EVENING IS REALLY FOCUSED ON THOSE TWO FACTORS, UM, THAT THE, THE DIRECTOR USED TO MAKE THE DETERMINATION, WHICH IS, IS IT AN OVER CONCENTRATED CENSUS TRACT AND, AND DOES IT HAVE THAT HIGH CRIME RATE? SO
[00:50:01]
BASICALLY KIND OF WHAT YOU READ EARLIER, CUZ I KNOW THAT WE ARE KIND OF GOING AROUND IN CIRCLES, BUT IT MEETS THE REQUIREMENTS TO ALLOW SO TO BE MOVED HERE, BUT BECAUSE OF THE HIGH, HIGH CRIME RATE IN THE DENSITY, THOSE TOOTH FACTORS IS A NO FOR RIGHT NOW, IT WOULD HAVE TO BE CHANGED AND THEN IF WE DID IT FOR ONE, THEN WE WOULD PARTICULARLY HAVE TO DO IT FOR ANOTHER.I REMEMBER IN, UH, I THINK IT WAS 2014 OR 2015, SHORTLY AFTER THIS DEEMED APPROVED ORDINANCE WENT IN, WE HAD THAT, UH, GAS STATION OPEN UP AND THE GAS STATION WAS FINE, BUT THEY WANTED A LIQUOR LICENSE BECAUSE ALL THE GAS STATIONS NEARBY HAD LIQUOR LICENSES.
AND THAT SAID, NO, WE, WE ALREADY HAVE AN OVER CONCENTRATION.
THEY ALREADY HAD THEIR LICENSES AND UH, I DON'T REMEMBER WHAT HAPPENED TO THE BUSINESS, BUT WE TOLD THEM THAT THEY COULDN'T SURE.
THEY'RE STILL, THEY'RE STILL IN BUSINESS.
I RECOGNIZE THAT ALDI HAS A VERY SPECIFIC MODEL AND HOPEFULLY BEFORE THE STORE OPENS, I MEAN IT'S STILL UNDER CONSTRUCTION YEAH.
HOPEFULLY SOMEBODY WILL LOSE A LICENSE AND SAY, HEY, WE WE'RE WILLING TO SELL, BUT I DON'T THINK WE CAN MAKE THE FINDINGS THAT THIS IS NOT A HIGH CRIME RATE OR THAT IT IS UNDER CONCENTRATED WITHOUT THE CITY COUNCIL ALLOWING FOR PARKWAY PLAZA AS A REGIONAL SHOPPING CENTER BEING A, A SPECIAL, UH, ZONE.
IT SAYS HERE THAT WE CANNOT FIND BY THE DIRECTOR'S DETERMINATION THAT PUBLIC CONVENIENCE OR NECESSITY WOULD NOT BE SERVED.
SO I DON'T SEE ANYTHING IN HERE.
I MEAN, I KNOW WE TALK ABOUT CRIME RATE, BUT WHAT THEY'RE SAYING IS, IS AN ORDER FOR THIS TO BE APPROVED, WE WOULD HAVE TO FIND IT AS A PUBLIC CONVENIENCE OR NECESSITY.
IS THAT WHAT I'M UNDERSTANDING? AND SO IT'S A SUPERMARKET MM-HMM.
AND SO IT'S A PUBLIC CONVENIENCE AND A NECESSITY AND IT'S SOMEWHAT OF A NECESSITY.
UM, YOU KNOW, I'M NOT TRYING TO BUST THE CITY WIDE OPEN.
I AM TRYING TO BRING BUSINESS INTO THIS CITY THAT IS A GOOD BUSINESS TO HAVE.
AND I'M NOT LOOKING AT JUST FROM A BUSINESS, I'M LOOKING AT IT FROM A WHY DON'T WE HAVE A TRADER JOE'S? WHY DON'T WE HAVE AN ALD? MM-HMM.
IT'S GONNA TAKE THEM YEARS TO FIND ONE.
AND SO WELL THEN WE JUST SAY ALDI JUST RUNS DIFFERENT ADS IN EL CAJON AND THEY DON'T DO WINE SALES IN EL CAJON.
THEY JUST HAVE TO HAVE, YOU KNOW, FIGURE YOU JUST HAVE TO GO TO A DIFFERENT STORE.
SO IS THAT CONVENIENT? I I, AND I'M JUST, I'M JUST TRYING TO LOOK AT THIS DIFFERENTLY.
WE'VE COME ACROSS THIS FOR TH FOR ALMOST 10 YEARS AND I'M JUST SAYING THAT EVERY NOW AND THEN, I THINK WE MIGHT NEED TO JUST THINK A LITTLE BIT OUTSIDE THE BOX JUST BECAUSE WE ARE TRYING TO BRING IN GOOD, CLEAN BUSINESS AND, AND MY THOUGHTS ARE IF PEOPLE ARE BUYING BEER AND WINE FROM THERE, MAYBE THEY WON'T BUY IT FROM THE LIQUOR STORE DOWN THE STREET.
AND MAYBE IT'LL MAKE IT HARDER FOR OTHER BUSINESSES AT THAT POINT TO CONTINUE OPERATING BUSINESSES THAT ARE NOT ABOVE BOARD, YOU KNOW, IN SO MANY OTHER WAYS.
THAT'S JUST KIND OF MY CONCERN.
SO I'M ASSUMING WHETHER ALDI GETS THE LICENSE TO SELL BEER AND WINE, THEY'RE STILL GONNA HAVE A STORE THERE, CORRECT? RIGHT.
SO IT STILL MEETS THE CONVENIENCE AND NECESSITY FOR CUSTOMERS WHO, UNLESS THEY WANNA BUY ALCOHOL CORRECT.
GONNA HAVE TO DRIVE SOMEWHERE ELSE.
THEY HAVE TO DRIVE SOMEPLACE ELSE.
UM, THAT'S WHICH, WHICH IS MORE IMPORTANT MAINTAINING THE, THE CODE OR ALLOWING PEOPLE TO BUY THE ALCOHOL, RIGHT? I MEAN YOU GOTTA AWAY THAT WHAT WHAT IS THE MOST IMPORTANT? SURE.
UM, IT'S NOT ABOUT THE ALCOHOL.
THE ALCOHOL CAN BE BOUGHT AT WALMART.
THEY CAN RIDE THEIR BIKE ACROSS THE STREET TO SMART AND FINAL, THEY CAN GO AROUND THE CORNER TO THE LIQUOR STORE.
IT'S REALLY AN, IT'S JUST AN UNFORTUNATE SITUATION CUZ WE'RE NOT GONNA SEE A DIFFERENCE IN CRIME BASED ON THIS.
NO, THIS IS NOT WALMART'S RIGHT THERE.
AND LIKE YOU SAID, WALMART, HAVE YOU WALKED IN THAT STORE? IT'S A, IT'S A FREE FOR ALL IN THAT PLACE, UM, INSIDE AND OUT.
AND SO, UM, I WOULD RATHER SEE A GOOD PLAYER BE REWARDED AND MAYBE IT WOULD CONVINCE OTHER PEOPLE TO EITHER FOLLOW SUIT OR, YOU KNOW, NOT CONTINUE THEIR OPERATIONS.
WELL, EVEN LOOKING AT THEIR MODEL, THE AMOUNT OF SPACE DEDICATED TO ALCOHOL IS SO SMALL THAT, LIKE YOU SAID, THE CHANCES THAT SOMEBODY'S GOING IN THERE JUST TO BUY ALCOHOL IS REALLY SLIM BECAUSE THE SELECTION IS VERY LIMITED UNLESS THERE'S THAT ONE BOTTLE THAT YOU CAN ONLY GET THERE.
I MEAN, CHANCES ARE IF SOMEBODY'S GOING THERE TO GET A BUNCH OF BEER TO GO TO A PARTY, THEY'RE PROBABLY GOING, NO OFFENSE, BUT THEY'RE PROBABLY GOING SOMEWHERE ELSE, YOU KNOW, PROBABLY TO THE SMART AND FINAL AND GET ALL THE CHIPS AND ALL THE OTHER STUFF TO, YOU KNOW, TO BUY LARGER VOLUMES OF IT.
SO IT IT, IT IS MORE SOMEBODY WHO'S BUYING THEIR FOOD FOR A MEAL, AMY, YOU KNOW, TO MEAL AND, AND A BOTTLE OF WINE TO GO WITH IT, OR
[00:55:01]
A SMALL AMOUNT OF ALCOHOL, YOU KNOW, TO GO WITH IT.SO THAT'S ALSO COMPELLING, YOU KNOW, THAT IT'S, THAT'S NOT THE MAIN CRUX OF WHAT THEY'RE TRYING TO, TO DO.
IT'S NOT THE ALCOHOL BRINGING SOMEBODY IN AND THEN OH YEAH, WE AL WE HAVE THIS OTHER STUFF TOO.
UM, I, I GET THAT'S ALSO NOT WHAT WE'RE TRYING TO SURE.
WELL, I MEAN, AT THE, AT THE END OF THE DAY, YOU THINK OF IT, WE'RE HERE TO, TO EITHER ADOPT THE NEXT RE RESOLUTION IN ORDER TO DENY THE APPEAL, AND THAT IS EITHER GONNA BE AN UP OR DOWN VOTE.
AND FROM WHAT STAFF EXPLAINED TO US, IF I'M CORRECT, IS IF WE, IF THAT MOTION DOES NOT CARRY, THEN THE APPEAL GOES THROUGH.
IS THAT CORRECT? IN OTHER WORDS, THEY DON'T HAVE TO APPEAL TO CITY COUNCIL IF WE DO NOT SUPPORT THE APPEALS, WHAT I'M GETTING AT OR IF WE DON'T, IF WE DO NOT SUPPORT THE DENIAL, IT BASICALLY, GRANTED, IF WE APPROVE THE DENIAL, THEN THEY WOULD HAVE TO APPEAL TO THE CITY COUNCIL.
IF WE DON'T APPROVE THE DENIAL.
IF WE DON'T APPROVE THE DENIAL, NOT SURE WHAT HAPPENS NEXT.
THAT'S WHAT I'M KIND OF GETTING AT.
THEN YOU HAVE TO HAVE FINDINGS FOR WHY YOU DIDN'T APPROVE THE DENIAL.
YOU DIDN'T APPROVE THE DENIAL, DIDN'T UPHOLD THE DENIAL.
AND FINDINGS CAN'T BE THAT ONE STORE IS BETTER THAN ANOTHER STORE.
BUT, BUT THE DENIAL WAS BASED ON CONVENIENCE OR NECESSITY.
SO IF WE FIND CONVENIENCE AND NECESSITY IS THAT A FINDING? WELL, I, I THINK I WOULD ADD IS THAT, UM, WHEN YOU LOOK AT, FOR THE FINDING OF PUBLIC CONVENIENCE AND NECESSITY, THE, THE QUESTIONS THAT HAVE TO BE ANSWERED ARE THE, THAT OVER CONCENTRATION OF THE CENSUS TRACT ASPECT OF THINGS, AND THEN THE TRANSFER OF A LICENSE FROM ELSEWHERE IN THE CITY TO THE, TO THE SUBJECT SITE.
UM, YOU KNOW, I'VE HAD THESE CONVERSATIONS WITH, WITH ALDI AND EXPLAIN TO THEM, UM, YOU KNOW, THAT ULTIMATELY, UM, YOU KNOW, IF THEY WANT, IF THEY DISAGREE WITH WHAT THE CODE SAYS AND IF THE, IF THE COMMISSION DOESN'T LIKE WHAT THE CODE SAYS, UM, THE BEST PATH FORWARD IS TO PROVIDE THAT RECOMMENDATION TO THE CITY COUNCIL IN CONJUNCTION WITH AN APPEAL SO THAT IF ALDI, SO IF THERE'S A DENIAL TONIGHT BASED ON THOSE SPECIFIC FINDINGS, AND THEN, UM, ALDI APPEALS AND THEN, UM, THE COMMISSION COULD ARTICULATE THEIR DESIRE TO MAKE A NEW, TO ADD FLEXIBILITY TO THE CODE LIKE YOU'VE BEEN TALKING ABOUT, WHICH IS, WE'RE STUCK RIGHT NOW BECAUSE THE CODE IS SO RESTRICTIVE.
SO IF YOU ARTICULATE THAT FLEXIBILITY THAT YOU WANT TO ADD TO THE CODE TO ALLOW REGIONAL SERVING, UM, GROCERY STORES, UH, TO, TO HAVE AN OPPORTUNITY TO LOCATE IN OVER CONCENTRATED CENSUS TRACKS IN CONJUNCTION WITH THE PRESENTATION TO THE CITY COUNCIL ON THAT, ON THE APPEAL, I WOULD BE ABLE TO PROVIDE, UH, THAT RECOMMENDATION, UH, TO THE CITY COUNCIL.
AND THEN THEY COULD ULTIMATELY MAKE THAT, UH, POLICY DECISION AND PROVIDE DIRECTION TO STAFF.
AND THEN IF WE ARE, UM, IF WE GET THAT DIRECTION AND WE MAKE THAT CHANGE TO THE CODE, OBVIOUSLY IT WOULD COME BACK TO THE PLANNING COMMISSION FOR REVIEW AND APPROVAL.
BUT THEN WE STILL REMAIN WITH A DEFINED PROCESS AND FINDINGS OF LOOKING AT THESE SPECIFIC CRITERIA FOR EVERY ONE OF THESE ESTABLISHMENTS SO THAT THEY'RE ALL TREATED EQUALLY AND FAIRLY.
AND AS BARB INDICATED, WE'RE NOT, UM, LOOKING AT THEM ON A CASE BY CASE BASIS, SAYING, WELL, THIS ONE SEEMS LIKE IT'S OKAY, BUT I DON'T KNOW ABOUT THIS ONE.
BUT YOU'RE SAYING LIKE, IF ANOTHER STORE IS, IS IT OKAY FOR ME TO ASK YOU A QUESTION? YEAH, YEAH, PLEASE DO.
UM, UM, IF THERE WAS ANOTHER STORE THAT WANTED TO GO IN ON THE OTHER SIDE, CUZ SOMETHING ELSE, ANOTHER GROCERY TYPE STORE AND WANTED TO, AND HAD A LICENSE FROM OUT OF THE COUNTY MM-HMM.
UH, BUT IT'S IN, WITHIN PARKWAY PLAZA WE'RE SAYING THAT THIS IS KIND OF A REGIONAL CENTER.
THEY WOULD BE TREATED THIS WAY AS OPPOSED TO A STORE DOWN ON MOLL JUST WANTING TO OPEN.
YEAH, I MEAN IT WOULD DEPEND ON THE LANGUAGE IN THE CODE AND THE ULTIMATE DIRECTION FROM THE CITY COUNCIL.
BUT ESSENTIALLY THAT, THAT'S WHAT I'VE HEARD THE COMMISSION DISCUSSING TONIGHT, WHICH IS LET'S FIGURE OUT A WAY TO ADD FLEXIBILITY TO THE CODE AND THEN LET'S FIGURE OUT A WAY, UM, TO, UM, HAVE THE, THE MALL BEING THE REGIONAL SERVING, UM, SHOPPING DISTRICT, UH, BE ABLE TO HAVE THAT FLEXIBILITY.
SO, BUT ULTIMATELY IT WOULD, WE GET DIRECTION FROM COUNCIL, WE WOULD HAVE TO, UM, NOTICE A PUBLIC HEARING TO CHANGE THE CODE THAT WOULD COME BACK TO THE PLANNING COMMISSION FOR REVIEW.
UM, AND THEN, THEN ONTO CITY COUNCIL FOR A RECOMMENDATION.
YOU KNOW, WE DO HAVE OUR ANNUAL, UM, OMNIBUS, UM, ZONING OR ZONING CODE UPDATE THAT WE DO.
UM, AND SO, UM, IN TALKING WITH ALD ON THEIR TIMELINES AND EXPECTATIONS, YOU KNOW, I SAID IF, IF THERE'S AN OPPORTUNITY AND COUNCIL GIVES US DIRECTION, YOU KNOW, WE WILL DO EVERYTHING WE CAN TO EXPEDITE THAT BECAUSE WE HAVE A, A STRONG FOCUS ON ECONOMIC DEVELOPMENT, BRINGING NEW RESOURCES INTO THE CITY AND THAT ARE GONNA BE PROVIDING SERVICES THAT ARE NEEDED AS, AS THE COMMISSIONS ARTICULATED, AS RELATES TO BONDS CLOSING DOWN AND OTHER THINGS.
SO IT'S NOT, UH, THAT THIS PROCESS IS GONNA TAKE, YOU KNOW, A YEAR OR TWO YEARS, UM, IT'LL BE AT THE FOREFRONT OF, OF STAFF'S EFFORTS ON MAKING CODE CHANGES.
[01:00:01]
SO WHAT, REAL QUICK THOUGH, IF WE LIKE THE CODE, BUT EVERY NOW AND THEN WE NEED TO MAKE AN EXCEPTION, BUT WE LIKE THE CODE AS IT IS.I I DON'T WANNA HAVE A DOUBLE EDGED SWORD HERE WHERE WE CHANGE THE CODE AND, AND THEN WE END UP WITH SOMETHING WORSE THAN WE HAVE NOW.
WELL, NO, I THINK IF WE MADE TWO BROAD CHANGES TO THE CODE THAT ARE VERY SPECIFIC, BUT THEY'RE BROAD ACROSS THE CITY.
I DON'T MIND GROCERY STORES HAVING A BEER AND WINE AISLE.
BUT IF WE ALLOWED FOR MORE TYPE 20 LICENSES IN GROCERY STORES BASED ON SQUARE FEET ANYWHERE IN THE CITY, IF THE CAPACITY WAS THERE AND IF WE CHANGED THE PARKWAY PLAZA REGIONAL CENTER INTO A SPECIAL ZONE WHERE WE CAN OVER CONCENTRATE BECAUSE THERE ARE NO PEOPLE LIVING THERE MM-HMM.
WHEREAS RIGHT NOW WE CAN'T JUST SAY, OH, IT'S NOT OVER CONCENTRATE, IT'S NOT IN A HIGH CRIME RATE.
SO WILL WOULD OVER CONCENTRATION AND CRIME RATES STILL COME INTO PLAY IF WE CHANGE THE, THE CODE? I MEAN, ULTIMATELY WE'D DEPEND ON THE, THE CHANGES.
SO THE CHANGES WOULD COME BACK TO THE PLANNING COMMISSION FOR REVIEW AND APPROVAL.
BUT WHAT I'M HEARING THE COMMISSION SAY IS THAT, UH, THEY WOULD WANT TO SEE POTENTIALLY A CHANGE TO THE CODE THAT SAID OVER CONCENTRATION WOULDN'T COME INTO PLAY.
AND SIMILARLY, LIKE WE TALKED ABOUT EARLIER, UH, AS IT RELATES TO CRIME, WE WOULD LOOK AT THE SPECIFIC, UM, CRIME MEASURES THAT THE APPLICANT IS PROPOSING IN CONJUNCTION WITH THEIR REQUEST.
UH, THE POLICE DEPARTMENT WOULD EVALUATE THAT AND PROVIDE A, A RECOMMENDATION.
ALSO THERE, THERE IS, UH, A LARGE, UH, APARTMENT COMPLEX ON THE SOUTH SIDE OF, UH, WALMART ON THE OTHER SIDE OF WHERE THE, UH, DRAINAGE DITCHES.
AND ALSO WE HAVE DISCUSSED IN ALLOWING PARKWAY PLAZA AND TO DEVELOP INTO CONDOMINIUM MM-HMM.
SO THERE IS A POSSIBILITY THAT RESIDENTIAL, UH, HOUSING WILL COME INTO BEING YEAH.
AT PARK PLAZA AND THEN THAT IT'S ALREADY BEEN APPROVED.
AND THEN, THEN THAT BE MORE CONVENIENT TO HAVE SOMETHING RIGHT THERE CUZ THEY COULD JUST WALK THERE AND THEN WALK HOME.
BUT THEN AGAIN, ON FESTIVAL STREET ACROSS THE STREET, UH, THERE'S A HIGH VOLUME OF HOMELESSNESS AND ENCAMPMENT THERE.
WHICH, YOU KNOW, USUALLY HOMELESS PEOPLE TO PANHANDLE THEY NEED A POPULATION TO PANHANDLE MM-HMM.
AND KIND OF TO ADD REGARDING THE, CUZ I KNOW WE DISCUSSED THE CRIME RATE OF THIS WHOLE THING, BUT IT'LL BE NICE TO SEE WHAT SPECIFICALLY THE CRIMES ARE, WHETHER THEY'RE ALCOHOL OR RELATED OR THEY'RE JUST, YOU KNOW, STEALING HALF THE CLOTHES FROM WALMART OR, OR WHAT TYPE OF CRIMES IN THE AREA AND SEE IF THIS ALCOHOL IS REALLY GONNA MAKE ANY DIFFERENCE OF WHAT'S HAPPENING IN THE AREA.
WE, YOU DO HAVE A MALL, SO THERE'S GONNA BE A HIGH CRIME RATE THERE ANYWAY CUZ PEOPLE ARE GONNA GO THERE AND SHOPLIFT ON A DAILY BASIS, ALCOHOL OR NOT.
AND THOSE ARE TWO YEAR OLD STATISTICS AND WE DON'T HAVE ANY REAL DRILL DOWN DATA WHICH WE WOULD NEED TO GET.
SO I MEAN, BY 2024 IT SOUNDS LIKE WE'LL HAVE THIS YEAR'S INFORMATION, WHICH WON'T REALLY DO US ANY GOOD.
DO WE KNOW HOW THIS WOULD AFFECT THE TRANSFER OF THE LICENSE FROM SAN MATEO? IF, IF THE UH, IF THE DENIAL IS UPHELD TONIGHT, EVEN EVEN PENDING RECOMMENDATIONS, THE, I I KNOW THAT PART OF WHAT THEY'RE LOOKING TO DO IS TO TRANSFER A LICENSE.
DOES THAT END UP GOING, DO THEY LOSE THAT OPPORTUNITY? I THINK THE ISSUE IS IS THAT I CAN'T SPECULATE ON THE FUTURE ACTION OF THE COUNCIL OR THE COMMISSION.
UM, SO I MEAN, YOU WOULD HAVE THE OPPORTUNITY TO LOOK AT THE NEW, UM, SO IF COUNCIL GAVE US DIRECTION TO CHANGE THE CODE, UM, STAFF WOULD, UM, EVALUATE IT, UH, AND MAKE A RECOMMENDATION BACK TO THE PLANNING COMMISSION.
AND AT THAT HEARING YOU COULD, YOU KNOW, LOOK AT THE CONTEXT OF THE CURRENT REQUEST TO RELOCATE FROM SAN MATEO AND SEE HOW THAT ALIGNS, UM, WITH THE ULTIMATE RECOMMENDATION FOR THE CHANGE TO THE CODE.
BUT I WOULD SAY STAFF WOULD KEEP THAT AT FOREFRONT OF MIND.
UM, WHEN LOOKING AT, UM, WHAT WE WANT TO DO TO CREATE A, UH, BETTER REGIONAL SERVING OPPORTUNITY FOR OFF SALE ALCOHOL OUTLETS WHEN DEVELOPING THE CODE.
AND IN THE MEANTIME SOME SMALL LIQUOR STORE, THE PERSON WANTS TO RETIRE CUZ THEIR KIDS DON'T WANNA TAKE OVER THE BUSINESS AND THEY, THEY'RE WILLING TO SELL THE LICENSE, THEN IT, NONE OF THIS REALLY MATTERS FOR THEM.
THEY COULD JUST PURCHASE THAT LICENSE AND DO WHAT THEY NEED TO DO.
THEY COULD, UH, PURCHASE THE LICENSE FROM AN OVER CONCENTRATED TRACT AS IT'S INDICATED IN THE CODE, AND THEN THEY COULD REAPPLY FOR THE PUBLIC CONVENIENCE AND NECESSITY FINDING, AND THEN THE DIRECTOR
[01:05:01]
WOULD REEVALUATE THAT AND IN CONJUNCTION WITH A RECOMMENDATION FROM THE POLICE DEPARTMENT MAKE A DECISION.ANY OTHER QUESTIONS? I MEAN, THE WAY I SEE IT RIGHT NOW IS WE'VE GOT, UM, IF SO, WHEN WE, WHEN WE HAVE THIS RESOLUTION AND WHEN WE, WHEN WE VOTE ON THIS RESOLUTION AFTER THIS VOTE, WE CAN SO, SO MOVE TO MAKE ANOTHER RESOLUTION OR, OR GIVE INSTRUCTION BASED ON THE OUTCOME OF THE VOTE.
I THINK WHAT I WOULD, BASED ON WHAT I'VE HEARD THE COMMISSION DISCUSSING, UM, THE STAFF RECOMMENDATION WOULD BE TO, UM, ADOPT THE RESOLUTION, UM, DENYING THE APPEAL, BUT TO PROVIDE, UM, DIRECTION TO STAFF THAT IT, THIS IS, UM, FURTHER IF THIS IS APPEALED TO THE CITY COUNCIL, THAT, UH, TO, FOR STAFF TO CONVEY, UM, THAT THE PLANNING COMMISSION, UM, IS INTERESTED IN PROVIDING ADDITIONAL FLEXIBILITY, UM, TO THE OFF SALE ALCOHOL REGULATIONS IN ORDER TO, UH, ALLOW GROCERY STORES IN, IN THE REGIONAL COMMERCIAL SETTING, UM, TO HAVE MORE FLEXIBILITY.
ANY, ANY OTHER, UH, DELIBERATION? UM, MY, UM, I'M A LITTLE TORN YOU GUYS BECAUSE JUST I THINK THIS IS GREAT THAT WE WANNA MOVE FORWARD AND MAYBE CHANGE THE CODE.
UM, BUT I KIND OF WOULD LIKE TO SEE ALDI GET THEIR, THEIR STORE UP AND RUNNING THE WAY THAT IT SHOULD BE.
AND SO THAT DOES TROUBLE ME BECAUSE I DON'T KNOW HOW LONG THAT'S GONNA TAKE AND IT STILL DOESN'T GUARANTEE ANYTHING.
UM, MY OTHER ISSUE IS THAT I'VE GOT A BIG, BIG STORE HERE AND I WANT TO ATTRACT MORE AND IF THEY'RE MIRED IN BUREAUCRACY FOR THE NEXT SIX MONTHS OR A YEAR, THEY'RE GONNA GO SOMEWHERE ELSE.
I MEAN, SANT IS BOOMING AND SO I DO WANT TO KEEP THAT INTO CONSIDERATION, YOU KNOW, IF WE DECIDE THAT WE WANNA CHANGE THE CODE.
I, I MEAN FOR ME, I, I'M, I'M, I'M DEFINITELY IN FAVOR OF, OF LETTING THESE, LETTING LD MOVE FORWARD AND THEN WHATEVER CODE WE WANT TO CHANGE AND STUFF, THAT'S GREAT.
WE CAN, WE CAN BRING THAT UP AND DO THAT.
THAT'S GONNA BE GOING BACK AND FORTH BETWEEN US AND CITY COUNCIL.
UM, MY OTHER CONCERN IS THAT THIS WILL PROBABLY GET TO CITY COUNCIL AND IT WILL PROBABLY GET APPROVED ANYWAYS BECAUSE CITY COUNCIL IS TRYING TO CREATE AN ENVIRONMENT OF GROCERY STORES AND, UM, THAT WE'RE OPEN FOR BUSINESS.
AND SO WELL, CAN WE, CAN WE DO BOTH? CAN WE, UM, DENY THE DENIAL
WE WANT TO SEE THE STORE THERE.
IT FITS THE GENERAL CODE, UH, COMMERCIAL REGIONAL, IT'S BY RIGHT SEQ EXEMPT, BUT BECAUSE OF THE HIGH CRIME RATE AND BECAUSE OF THE OVER CONCENTRATION, WE DO NOT HAVE THE FINDINGS TO OVERTURN THE APPEAL OR OVERTURN THE DIRECTOR'S DECISION.
BUT WHAT WE CAN DO IS CONVEY TO THE CITY COUNCIL AND TO STAFF, OR THROUGH STAFF TO THE CITY COUNCIL THAT WE ARE ALL IN A BIND HERE.
WE DON'T HAVE THE TOOLS WE NEED TO APPROVE A STORE LIKE THIS WITH ITS ALCOHOL LICENSE INTACT.
I DON'T THINK ANY OF US WANT TO DENY THIS STORE IN PARKWAY PLAZA.
BUT AS THE CODE STANDS, WHICH THE CITY COUNCIL PUT IN PLACE, WE CANNOT DO THAT.
SO LET'S READ THE REQUIRED FINDINGS.
THE PROPOSED ESTABLISHMENT MEETS THE LOCATION REQUIREMENTS OF SECTION 17,000 210 0 90.
THE PROPOSED ALCOHOLIC BEVERAGE SALES ACTIVITY WILL NOT AGGRAVATE EXISTING PROBLEMS IN THE NEIGHBORHOOD.
AND I THINK WE TALKED ABOUT THAT AND WE AGREE THAT PROBABLY WOULD NOT SUCH AS LOITERING, PUBLIC DRUNKENNESS, THE PROPOSED ESTABLISHMENT WILL NOT DETRIMENTALLY AFFECT NEARBY NEIGHBORHOODS.
IT'S NOT REALLY NEAR NEIGHBORHOODS OF THE ALCOHOL ESTABLISHMENT, RESIDENTIAL BUILDING SCHOOLS, PARK PLAYGROUNDS OR RECREATIONAL AREAS, NONPROFIT YOUTH FACILITIES, PLACES OF WORSHIP HOSPITALS, ALCOHOL OR DRUG ABUSE CENTERS.
AND THE PROPOSED ESTABLISHMENT IS LOCATED IN A CENSUS TRACK, WHICH YOU ARE REFERRING TO WITH THE CAPACITY FOR ADDITIONAL OFF SALE LICENSES.
I AS IDENTIFIED BY THE ABC WITH LOW AVERAGE.
SO YOU'VE GOT FOUR FINDINGS AND WHAT YOU'RE SAYING IS FINDING D IS THE ONE THAT WE'RE STUCK ON.
[01:10:03]
SO, MR. CHAIRMAN, IF I CAN JUST ADD ONE MORE THING TOO, IS THAT WE DO HAVE OTHER ALCOHOL LICENSE REQUESTS THAT ARE IN THE PIPELINE, UM, AND THAT ARE UNDER REVIEW.AND SO LOOKING AT THOSE FINDINGS, THAT'S WHERE WE, WE WANT TO MAKE SURE THAT WE'RE CONSISTENT AS IT RELATES TO THOSE FINDINGS.
WELL I THINK AT THIS POINT COMMISSIONERS, WE SHOULD, I THINK COMMISSIONERS, SO TEELY HAS IT, WE JUST NEED TO, TO MAKE A MOTION AND YOU'RE EITHER GONNA SUPPORT THE DENIAL OR YOU'RE NOT GONNA SUPPORT THE DENIAL.
AND THAT'S THE BEAUTY OF A COMMISSION.
UM, I MOVE TO ADOPT THE NEXT RESOLUTION IN ORDER DENYING THE APPEAL OF THE COMMUNITY DEVELOPMENT WITH A CAVEAT THAT IT WOULD BE APPEALED TO THE CITY COUNCIL FOR A POSSIBLE ZONE CHANGE WITH ALL THAT HAS BEEN DISCUSSED HERE TODAY, WHICH NOAH LV, I THINK HE WILL MAKE IT KNOWN THE DISCUSSION THAT WE HAD HERE THIS EVENING.
AND IS THAT FINE TO PUT THAT IN, IN THAT, IN THAT RESOLUTION? OKAY.
DO I HAVE A SECOND? I WILL SECOND.
MOTION MADE BY COMMISSIONER SOLAY, SECONDED BY COMMISSIONER CIRCLE.
AND YOU NOW WILL GO TO CITY COUNCIL TO, FOR AN APPEAL IF YOU SO CHOOSE.
SO, YOU KNOW, WE WANT YOU HERE,
[Public Hearing Item 3]
ITEM NUMBER THREE IS A CON, UH, SEVEN 11 OFF SALE ALCOHOL SALES, UH, CONTINUANCE.IT'S ALCOHOL SALES FOR TYPE 20, UH, LICENSE.
UH, IT IS SEQUEL EXEMPT AND THEY WANT TO CONTINUE TO OCTOBER 18TH STAFF.
UM, SO ON SEPTEMBER 27TH, UH, STAFF DID RECEIVE A REQUEST FOR A CONTINUANCE FROM THE APPLICANT'S REPRESENTATIVE.
UM, THEY ASKED FOR A TWO WEEK CONTINUANCE TO A DATE CERTAIN, UH, DUE TO HEALTH ISSUES, UH, FROM THEIR PROJECT TEAM.
UM, STAFF HAD NO OBJECTIONS TO THAT CONTINUANCE.
UM, SO STAFF'S RECOMMENDING, UH, CONTINUANCE TO A DATE CERTAIN OF OCTOBER 18TH.
UH, THE CONTINUANCE TO A DATE CERTAIN JUST MEANS THAT WE WILL NOT RE-NOTICE, UH, THE PUBLIC HEARING.
UM, AND THEN IF IT'S CONTINUED, UH, WE WOULD HAVE THE PUBLIC HEARING ON OCTOBER 18TH.
WE DON'T NEED TO, DO WE NEED TO, WE NEED TO CONTINUE.
WE NEED A, A MOTION TO, TO, UM, CONTINUE, UH, THE PUBLIC HEARING TO DATE CERTAIN OF OCTOBER 18TH.
I MAKE A MOTION TO CONTINUE TO DATE OF CERTAIN.
MOTION MADE BY COMMISSIONER MORROW.
AND MOTION CARRIES BY UNANIM AS VOTE.
[Public Hearing Item 4]
AGENDA ITEM NUMBER FOUR IS AN AMENDMENT OF THE ZONING CODE, LODGING ESTABLISHMENTS, WHICH WE TALKED ABOUT LAST MEETING.IT IS SE EXEMPT, AND WE WANT TO CONTINUE THIS ONE TO A DATE.
SO, UM, FOR, FOR THIS ITEM, IT WAS ON SEPTEMBER 20TH THAT THE PLANNING COMMISSION ADOPTED THE RESOLUTION OF INTENTION.
UM, LATER THAT FOLLOWING WEEK, THE CITY COUNCIL ALSO DOCKETED A DISCUSSION, UM, AND, UH, THEY RECEIVED A REPORT ON THE COUNTY'S, UH, MOTEL VOUCHER PROGRAM ON SEPTEMBER 27TH.
SO, UM, DURING THE CITY COUNCIL'S DISCUSSION, UM, THEY ACTUALLY APPOINTED A CITY COUNCIL'S SUBCOMMITTEE OF COUNCIL MEMBERS, GLOBAL AND ORTIZ.
UM, AND THE SUBCOMMITTEE IS INTENDED TO ASSIST IN DRAFTING NEW POLICY AND REGULATIONS AS IT RELATES TO, UH, THE USE OF HOMELESS VOUCHERS, AND THEN PRESENT THEM BACK TO COUNCIL FOR CONSIDERATION AND GIVE THAT DIRECTION BACK TO STAFF.
SO, UM, SINCE THE COUNCIL TOOK THAT DIRECTION, WE'RE RECOMMENDING, UH, THAT YOU CONTINUE THIS HEARING TO A DATE UNCERTAIN.
SO AGAIN, THE DIFFERENCE BETWEEN A DATE UNCERTAIN AND A DATE CERTAIN, SINCE IT'S UNCERTAIN, THAT MEANS WE WILL, UH, SEND OUT A NEW PUBLIC HEARING NOTICE, UH, AFTER WE RECEIVE DIRECTION FROM CITY COUNCIL.
AND THEN WE WILL RETURN TO, UH, THE PLANNING COMMISSION IF NEEDED, BASED ON COUNCIL'S DIRECTION.
DO I, I'LL MAKE A MOTION TO CONTINUE TO DATE.
MOTION MADE BY COMMISSIONER MORROW, SECONDED BY COMMISSIONER.
[3. OTHER ITEMS FOR CONSIDERATION]
RIGHT.THIS TIME, STAFF, DO YOU HAVE SOME OTHER ITEMS FOR CONSIDERATION FOR COMMUNICATION? I DO.
UH, ONE ADDITIONAL FOR CONSIDERATION, UM, OCTOBER IS COMMUNITY PLANNING MONTH, AND, UM, STAFF IS GONNA BRING FORWARD A PROCLAMATION AS IT RELATES TO COMMUNITY PLANNING MONTH, UH, AT THE NEXT CITY COUNCIL MEETING ON OCTOBER 11TH.
UM, SO I WANTED TO INVITE ALL OF THE PLANNING COMMISSION TO COME, UH, BE IN ATTENDANCE AND BE ACKNOWLEDGED FOR YOUR HARD WORK IN FRONT OF THE CITY COUNCIL.
SO IF YOU'RE ABLE TO JOIN AT THE 3:00 PM COUNCIL MEETING NEXT TUESDAY, UM, THAT WOULD BE GREAT.
UM, IF YOU CAN'T, THAT'S FINE AS WELL.
SO, UM, JUST LET ME KNOW SO, UM, WE CAN ACKNOWLEDGE YOU AND YOUR HARD WORK.
[01:15:01]
ALL RIGHT.EVERYONE GONNA BE HERE?
NEXT TUESDAY, 3:00 PM EXCELLENT.
WELL, DO I HAVE A MOTION TO ADJOURN OR DID I JUST MAKE THE MOTION TO ADJOURN? MAKE THE MOTION TO ADJOURN AND I'LL SECOND IT.
COMMISSIONER SAT, CAN YOU VOTE PLEASE?
[5. COMMISSIONER REPORTS/COMMENTS]
ONE QUICK QUESTION FOR, FOR STAFF, REAL QUICK, BUTTON LIGHTS.WILL THE MESSAGE CONVEYED TONIGHT REGARDING THAT, HOW DOES THAT ACTUALLY GET TO CITY COUNCIL? AND WHAT DO WE DO WE NEED TO COME HERE ON THIS PUBLIC COMMENT AND TALK A LITTLE BIT ABOUT THAT? OR IS IT PRETTY MUCH CLEAR WHAT, WHAT WE WERE ASKING FOR? DO YOU THINK? I'D BE HAPPY TO GO AHEAD.
OH, I WAS GONNA SAY OUR OFFICES WILL PROBABLY WORK TOGETHER FOR ON A DRAFT THE WAY WE DO EVERY YEAR FOR THE OMNIBUS UPDATE.
AND JUST ADD THAT INTO THE MIX.