Willow Glen Resident

News

Beverages & More approval on hold, decision is up to the city

By Mayra Flores De Marcotte

The San Jose Planning Commission could not approve the Beverages & More request for two conditional use permits because of a "public convenience or necessity" issue. The commissioners sent the request to the city council for a decision.

Beverages & More Store co-founder Steve McLaren wants to locate his business in the former Barbarella space on Lincoln Avenue, next to Subway restaurant. He's asking the city for two permits: a public drinking establishment (a wine- and beer-tasting area) permit and an off-site sales of alcohol permit. McLaren has stated unless the city approves both permits, he will not move into Willow Glen.

But the Planning Commission had a problem with his request.

For commissioners to make a decision on the permits, they have to determine "public convenience or necessity." This refers to whether a community wants or needs a specific establishment. The issue has been grayed because the area is already considered over-concentrated with off-sale liquor licenses.

In order to meet the "public convenience or necessity," an applicant must meet four criteria.

First, the proposed business will not be located within a Strong Neighborhoods Initiative or Neighborhood Revitalization area. Secondly, the business would not lead to the grouping of more than four off-sale liquor stores within a 1,000-foot radius. Kwik & Convenient, Wine Styles and Willow Glen Liquors all have off-sale liquor licenses. Beverages & More would be the fourth off-sale liquor business within the 1,000-foot radius. The third issue is that the business cannot be located within 500 feet of a school, daycare center, public park, social services agency or residential care or service facility or within 150 feet of a residence. There is a residence 15 feet from the proposed site. The fourth criteria is that alcohol sales cannot represent the majority of the proposed use. Beverages & More will have 70 percent of its store dedicated to the sale of alcoholic beverages.

The commission was unable to determine public necessity because two out of the four criteria could not be met and community response was split on the issue.

"Our hands are tied," said San Jose Planning Commissioner Bob Levy. "We are torn on this."

Willow Glen Neighborhood Association president Ed Rast told the commissioners the association is staying neutral on the issue.

According to Rast, emails exchanged on the community elist concerning the approval of a Beverages & More were split 50-50. He noted San Jose senior planner Carol Hamilton also received emails and letters that were equally divided.

Beverages & More sounds like a good idea, said Levy; the only concerns voiced pertain to parking and shopping carts.

However, he added, " The negative impact brought up by the residents may overshadow it."

Planning Commissioner James Zito said he also liked the overall business fit and thought it would work nicely with the neighborhood, but it needs to work with the residents.

"It's an upscale business and will complement the area," Zito said.

Willow Glen resident Tim Mulcahy, whose family owns the property Beverages & More would lease, said, "Lincoln Avenue is on the verge of changing, and Willow Glen is competing with other neighborhoods for shopping. Right now, it isn't as cohesive as Santana Row, Los Gatos and Valley Fair. Having a Beverages & More will lure other tenants to follow its success. It's a good California business."

The Willow Glen Business and Professional Association also supports the proposed application and submitted a letter to the planning commission stating this fact.

Willow Glen resident Marie Anderson is another supporter of Beverages & More.

"I am grateful that a first-class operation like Beverages & More wants to invest in our neighborhood," she said. "We will now have national, regional and independent businesses on the avenue. If we welcome them, they will continue to come."

However, not all residents agreed.

Willow Glen resident Larry Ames is against the proposal.

"I don't have any complaints on the liquor," Ames said. "My complaint is that Willow Glen is a walking location. Beverages & More is a driving location."

He said the only way the proposal would work is if McLaren and other business owners shared parking lots, there would be no shopping carts and there would be more food and fewer beverages. "This is just not the right place for this kind of business," Ames said.

Willow Glen Liquors owner Chuong Doan also spoke against the proposed business. His establishment would compete directly with Beverages & More for customers. He told the commissioners Beverages & More is too close to residential areas and pointed out that parking is difficult.

"For the last six years, there has been illegal parking by big delivery trucks all along Lincoln Avenue," he said.

McLaren responded to Doan's concern when he told the planning commission he would not have large trucks making deliveries, but small vans. He also addressed the illegal parking by delivery trucks.

"I have already spoken to Aqui's and I am willing to work around their delivery schedule," he said.

McLaren also addressed residents' concerns about proximity of his business to their homes.

"I looked for alternative sites in Willow Glen after the March 2 community meeting but was unable to find one that would be economically feasible," McLaren said.