Planning commission recommends denial of alcohol permit at 1610 McKee Road, citing overconcentration and school proximity

The San Jose Planning Commission voted to recommend that the City Council deny a planned development permit and a determination of public convenience or necessity that would allow off‑sale alcohol at a proposed mini‑mart at 1610 McKee Road.

City staff, represented by project manager Cameron Gee, described the application (PD24‑016; ER24‑208) as a planned development permit and PCN for a 2,376‑square‑foot tenant space proposed to sell beer, wine and spirits under a Type 21 ABC license. Gee said approximately 119 square feet (about 5% of the floor area) would be dedicated to alcohol sales, operating hours would be 7 a.m. to midnight, and two employees would be on site during operating hours. The San Jose Police Department provided a neutral position but confirmed the census tract is “over concentrated,” which triggers the PCN findings required by the municipal code.

Staff reported the site is designated neighborhood/community commercial and lies within planned development zoning (PDC99‑064). Gee summarized the PCN findings staff could not make: the site would be the fifth off‑sale establishment within a 1,000‑foot radius (staff counted five active off‑sale establishments), the site is within 500 feet of Anna and Darling Elementary School and about 70 feet from nearby residences along North 30th Street, and the census tract has more licenses than the population threshold allows. For those reasons staff recommended denial and advised that if the commission cannot make the required PCN findings, the commission should forward a denial recommendation to the City Council, which is the final decision maker and may consider claimed public benefits.

The applicant, identified in the record as the business owner of 101 Mini Mart and Crispy Crunchy Chicken (referred to in testimony as the applicant), told commissioners the permit is critical to the survival and competitiveness of the small business, said the owner invested about $180,000 to open the second location, and said approval would create five full‑time and two part‑time jobs and increase foot traffic for surrounding businesses. The applicant disputed some license counts used by staff, said several nearby licenses are not actively used for spirits sales, and emphasized a roughly 1,060‑foot distance from the school entrance to their store entrance (the municipal code requires distance measurements from property line/entrance per staff explanation). The applicant said the store at 450 feet from the school (Lucky 7) is already close to the school entrance.

Public commenters were split. Danny Garza, representing the Plata Arroyo Neighborhood Association and Little Portugal East, cited broad neighborhood opposition and said District 5 and District 3 offices oppose the permit, calling the request “greed” and citing past traffic and safety incidents on McKee Road. Lucky 7 owner Wendy opposed additional alcohol sales near children and said the area has struggled with public‑safety issues. Rosa Henriques, a nearby resident, spoke in favor of the permit.

Commissioners asked staff and the applicant questions about measurement of school distance, whether inactive licenses count toward concentration, and whether a beer‑and‑wine‑only condition would change findings. Staff said the ordinance treats beer/wine and spirits similarly for PCN findings and that staff count issued active licenses in the tract regardless of whether a business currently uses them. Several commissioners said they were sympathetic to the applicant’s situation but gave weight to the staff analysis and police concerns about overconcentration and proximity to an elementary school.

Commissioner Young moved to approve the staff recommendation to deny the project; Commissioner Lardinois seconded. The commission voted to recommend denial (6 yes, 1 no, 2 absences). The recommendation will be forwarded to City Council for final action.