Santa Rosa Planning Commission Meeting - October 26, 2023: 7-Eleven CUP Approved
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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.
Meeting Transcript
Chair Weeks, it's 4:30, and we're ready to get started whenever you are. Thank you. So with that, I'd like to call to order this meeting of the Planning Commission. Will you please call roll? Commissioner Carter. Here. Commissioner Sisko? Here. Commissioner Holton? Here. Commissioner Peterson. Here. Commissioner Sanders. Here. Vice Chair Duggan. Here. Chair Weeks. Here. Let the record reflect that all commissioners are present. Thank you. And so with that, we'll move on to number two, approval of minutes. We have two sets of minutes today, September 14th and September 28th. Are there any changes to the minutes? Okay, so then with that, um they will stand as approved. Uh do we have any public comments on the minutes? We're not seeing not seeing any public comments. Uh anybody going to the podium for the the item on the minutes. Um we'll go ahead and move on to the public comment period on non-agenda items. We're now taking public comments on item three, non-agenda matters. This is a time when any person may address the commission on matters that are not listed on the agenda, but which are within the subject matter jurisdiction of the committee. So with that, um Mr. DeWitt. Thank you. Give us a second here to get the public comment timer up on the screen. All right, go ahead. Hello, my name is Duane DeWitt. I'm from Roseland. I don't know if you saw today's paper. Had an article about how you could help downtown Santa Rosa. I think one of the best ways you could help it is by keeping in mind the problems that have been afflicting it are from planners that came before you. Well, the other day there was a man had a meeting here at City Hall. It wasn't a city meeting, it was uh developer who bought the Chenay property, uh the community hospital. And twenty-two years ago, the Agon Open Space District bought some land, nine acres next to Pollen Creek, and it's called the Pollen Creek Preserve. That actually could be the touchstone for you folks to revitalize downtown Santa Rosa. You're thinking, well, how could that happen way over there? Well, basically, that man is up against some stiff opposition from people who were traumatized by the fires, the tub fires, all those victims up there. They don't want to see any of that type of stuff come back in there. And we shouldn't be traumatizing them anymore. Right across the street, first street, those vacant buildings, lots of other spots, the parking lots. If you could have your planning staff and department begin to work for the benefit of the taxpayers and citizens, not just the developer, and look into what's called transfer of development rights, land swap.
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