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Council upholds planning commission, denies Village Park 7‑Eleven appeal for off‑premises alcohol sales
Summary
The City Council on Aug. 13 denied an appeal to allow beer and wine sales at the Village Park 7‑Eleven, upholding the planning commission’s determination that off‑premises alcohol sales are prohibited in the Limited Local Commercial zone for 1988 Village Parkway.
The Encinitas City Council on Aug. 13 denied an appeal seeking to allow beer and wine sales at the Village Park 7‑Eleven at 1988 Village Parkway.
Planning staff reviewed the property's history and applicable Encinitas Municipal Code sections and told the council the alcohol‑sales land use is expressly prohibited in the Limited Local Commercial (LLC) zoning district under the zoning use matrix and accessory‑use rules. Fran Carr, the planner, explained that although a 2006 Rite Aid approval had allowed accessory alcohol sales in a different commercial zone, Rite Aid is located in the Local Commercial (LC) zone and not the LLC zone that applies to the Village Park site. Staff concluded the current request did not fit within the listed accessory uses and recommended the council deny the appeal and uphold the planning commission.
The appellant, Bruce Evans, argued the 1991 zoning amendment and the city's 2006 exercise of discretion in the Rite Aid case supported the request and that the council should be able to apply the same discretionary approach here with conditions (for example a 4% sales area cap and a 7% gross‑sales cap). The franchisee, Raja Saini, said the store is a long‑standing neighborhood convenience and that offering beer and wine would reduce vehicle trips to nearby stores.
Residents who live near the store testified in opposition, saying the 7‑Eleven site is close to multiple schools and is not an appropriate location for convenience alcohol sales. The council discussed zoning distinctions and possible paths for the applicant — a zone change or a formal amendment to the zoning code — and ultimately voted to deny the appeal and affirm the planning commission’s interpretation.
Staff noted that the Rite Aid store is closed and that any entitlement there has expired; a future proposal on that site would need a fresh review under current code. The council did not adopt code changes; staff said the applicant could pursue a zoning code amendment or zone change if the franchisee wishes to seek alcohol sales at the site.
