Santa Rosa Planning Commission Meeting - October 26, 2023

This regular meeting of the Santa Rosa Planning Commission convened at 4:30 PM on October 26, 2023, in City Hall Council Chamber. Commissioners unanimously approved minutes from September 14 and September 28, 2023, and heard public comments on non-agenda items. The primary action was the reconsideration and approval of a Conditional Use Permit (CUP22-052) for 7-Eleven at 136 College Avenue to sell beer and wine for off-site consumption, previously continued from August 24, 2023, due to a 3-3 tie vote. The permit was approved by a 5-2 vote.

Public Comments & Testimony

• Duane DeWitt (Roseland resident) commented on revitalizing downtown Santa Rosa. He suggested using Transfer of Development Rights and land swaps involving the Chenay property (former community hospital) and the Paulin Creek Preserve (nine acres acquired by the Agon Open Space District 22 years ago) to create over 1,000 to 1,500 housing units in the core area, benefiting taxpayers and citizens rather than developers.

Discussion Items

• 7-Eleven Conditional Use Permit (CUP22-052) – Continued from August 24, 2023. The existing convenience store at 136 College Avenue sought a permit to sell beer and wine for off-site consumption. Staff recommendation (presented by Supervising Planner Susie Murray) was approval, supported by the Police Department and Housing and Community Services after multiple site visits. The applicant (7-Eleven representative and store owner Raj Abhol) noted the store has been open two years with no significant issues, and they voluntarily worked with the California Department of Alcoholic Beverage Control (ABC) to add enforceable conditions: limiting container size, reducing sales hours to 10 AM – 10 PM, posting no-loitering signage, and removing trash from neighboring properties. ABC representative Heather Williams confirmed these conditions are unusual and enforceable. Staff noted the general plan land use and zoning are Neighborhood Mixed Use, and six required findings could be met.
• Commissioner Discussion: Commissioner Cisco clarified that the city cannot impose operational conditions on alcohol sales; only ABC has that authority, and commended the applicant for securing ABC conditions. Commissioner Sanders questioned ABC about overconcentration metrics, learning that population-based formulas (not geographic proximity) are used, allowing multiple outlets within a short walk without triggering overconcentration. Commissioner Duggan reviewed the August 24 video and noted the site’s rezoning to Neighborhood Mixed Use supports neighborhood-serving uses. Commissioner Cisco remained opposed, citing existing nuisance impacts, proximity to homeless services, vacant lots, and overconcentration of alcohol outlets (three within a 10-minute walk: Speedway Express, 9th Street Market, and 7-Eleven). Commissioner Sanders echoed concerns about neighborhood livability and consistency with the General Plan’s vision of safe, livable residential neighborhoods. Commissioner Holton changed his vote from no (August) to yes, citing the applicant’s good-faith effort to secure ABC conditions, particularly the hours restriction. Others (Carter, Peterson, Weeks) maintained earlier support, noting the operation is well-run and does not constitute a nuisance.

Key Outcomes

• Approval of CUP22-052: Motion by Commissioner Carter, seconded by Commissioner Peterson. The resolution (PC-2023-023) was approved by a vote of 5 to 2: Chair Weeks, Vice Chair Duggan, Commissioner Carter, Commissioner Holton, and Commissioner Peterson voting yes; Commissioner Cisco and Commissioner Sanders voting no.
• Conditions: The permit includes self-imposed ABC conditions (container size limit, restricted hours 10 AM–10 PM, anti-loitering and graffiti control, property cleanup) that run with the operator but not the land. The city’s conditions of approval apply to the property.
• Finality: The decision is final unless an appeal is filed with the City Clerk within 10 calendar days (by November 6, 2023) per Zoning Code Section 20-62.
• Other: The meeting was adjourned at 5:17 PM.