Planning commission approves Circle K permit to sell beer and wine at Fourth Street location

The Santa Rosa Planning Commission voted 5-0 on May 8 to approve a conditional use permit (CUP24-047) allowing the existing Circle K/76 convenience store at 2799 Fourth Street to sell beer and wine for off-site consumption. The motion was moved by Commissioner Sisco and seconded by Commissioner Pardo.

Staff said the project requires no interior or exterior changes and was reviewed under the California Environmental Quality Act and found to be exempt as an existing-facilities project. Hana Michaelson, contract planner for the project, told the commission the site is a fully developed commercial center at the intersection of Fourth Street and Farmers Lane, adjacent to the Flamingo Hotel and near a senior housing complex, other retail, and transit-oriented development.

The decision matters because the site is within walking distance of multiple retail and hospitality uses. At the hearing, commissioners and members of the public raised concerns about local concentrations of alcohol retailers, safety and loitering near the creek, and the city’s limited authority to restrict hours of alcohol sales.

Michaelson said two public comments had been received during the review: one asking whether gas stations in Santa Rosa can sell beer and wine (the staff answer was yes, with an approved conditional use permit), and one expressing support for the owners and location. She said the applicant had reviewed and accepted the recommended conditions of approval and that the police department, while not represented at the hearing, had confirmed in writing that it had no issues with the site.

Representing the California Department of Alcoholic Beverage Control (ABC), Megan Brewer, staff services manager 1 at the Santa Rosa district office, explained the licensing distinction the commission discussed. “A Type 20 is an off-sale beer and wine only,” Brewer said. “A Type 21 . . . allows for the sale and purchase of wine, beer, and distilled spirits.” Brewer also confirmed that ABC sets hours for alcohol sales; she said the ABC-authorized hours for sales are 6 a.m. to 2 a.m., while the store’s posted hours are 5 a.m. to 11 p.m.

A member of the public, Janice Karman, urged the commission to reduce alcohol sales hours because of pedestrian traffic and nearby hotel activity. “I would like to see the hours reduced. That’s a very busy corner,” Karman said, adding she would prefer 9:00 p.m. as a cutoff for sales.

Commissioners discussed the limits of the review. Several members noted that the ABC licensing rules and census-tract geocoding can produce results that appear to split logically connected retail clusters. Commissioner Sisco said he could make the required findings but requested better alignment between the city’s zoning-code review and what the police department and ABC can actually document and enforce. Commissioner Sanders noted nearby parks, a school and a church and said the permit stays with the property even if operators change; he urged the applicant to voluntarily avoid single-can or single-serving sales, while acknowledging the commission cannot require that.

The motion to approve the conditional use permit (City file CUP24-047) passed on a 5-0 vote with Commissioners Sisco, Pardo, Sanders, Vice Chair Duggan and Chair Weeks voting Aye. Commissioners Carter and Horton were absent. Chair Weeks read the appeal information into the record: the action is final unless an appeal is filed with the city clerk’s office within 10 calendar days pursuant to zoning code section 20-62.03.

Key factual details from the record: the store’s posted hours are 5 a.m. to 11 p.m.; ABC-authorized alcohol sales hours are 6 a.m. to 2 a.m.; the application was submitted Sept. 10 and noticed in April; staff reported two public comments during review. The staff report cites a CEQA exemption for existing facilities (CEQA Guideline §15331). The applicant accepted the conditions of approval, and the police department had no unresolved objections in the staff materials.

The commission’s action grants the CUP to the property, not the operator; any future sale or change of operator would inherit the permit unless and until it is modified or revoked. The commission did not change ABC hours or container-size rules (those are set by ABC), and staff said the city can regulate hours of business operation but not the hours during which alcohol may be dispensed under ABC authority.

Votes at a glance - Motion: Approve a conditional use permit to allow sale of beer and wine for off-site consumption at Circle K/76, 2799 Fourth Street (City file CUP24-047). Mover: Commissioner Sisco; Second: Commissioner Pardo. Outcome: Approved 5-0. Appeal deadline: 10 calendar days per zoning code section 20-62.03.

For the record: the applicant was present at the hearing and did not present a separate slide presentation; ABC staff and city planning staff answered commissioner questions. No modifications or conditions beyond those in the staff report were added by the commission during the hearing.