ENCINITAS — The Encinitas Planning Commission has denied a request from a New Encinitas convenience store to begin selling alcohol, citing zoning restrictions and public safety concerns.
In a 4-0 vote on April 17, the commission rejected the application from 7-Eleven franchisee Sukhwinder Singh Saini, who sought permission to sell alcohol as an accessory land use at the store located at 1988 Village Park Way. Vice Chair Chris Ryan was absent.
For more than 30 years, the 7-Eleven store has not sold alcohol due to its location in a limited local commercial zone, which prohibits such sales under city code. Alcohol sales are also banned in several other zones, including residential areas, office parks, light industrial zones, ecological reserves and parks.
Represented by attorney R. Bruce Evans of Solomon Saltsman & Jamieson, Saini requested an exception based on a 2006 decision in which the commission allowed alcohol sales at a now-closed Rite Aid at 4455 Manchester Avenue, also located in a local commercial zone.
Although alcohol sales are not permitted in that zone, the Rite Aid was approved to sell a limited quantity as an accessory use, meaning alcohol was not the store’s primary business. Saini sought the same designation for the 7-Eleven, proposing a cap of 4% of shelf space and 7% of gross sales for alcohol.
“That’s two cooler doors for this store,” Evans said at the meeting.
Evans added that the franchisee was open to further restrictions, including time limitations on alcohol sales. He argued the request was modest and aligned with public expectations of convenience stores.
“We think this is a very modest request that meets the convenience needs for local customers,” Evans said.
City staff disagreed with the interpretation, noting that the Rite Aid was located in a different zoning district. Staff also emphasized that, under the municipal code, a “convenience store” does not include the sale of alcohol.
Limited commercial zones are designated for shopping centers and other community-serving retail uses, while limited local commercial zones serve smaller neighborhoods such as Village Park. Staff maintained that the zoning distinction is meaningful and that the code was being applied correctly.
Evans argued the zones were too similar to justify a different outcome.
“From our perspective, there should be one set of rules – if the facts are the same and the zoning code identifies alcohol sales are the same for both zones, then the results should be the same interpretation,” Evans said.
Planning Commission Chair Steve Dalton supported the staff’s position, stating that while the zones may appear similar, they were intentionally established as distinct and should be treated accordingly.
Public input reflected similar concerns. Staff received five comments opposing the request, citing potential increases in traffic, noise and public safety issues. One comment was submitted in support.
“There was never alcohol sold there,” said city planner Francesca Carr, noting that the store’s building predates the city’s incorporation in 1986 but has never held a license to sell alcohol.
The current franchisee acquired the location in October 2021.
Although some commissioners debated the merits of granting an exception based on the Rite Aid precedent, the commission ultimately voted unanimously to uphold the zoning rules.
For Commissioner Susan Sherod, who represents New Encinitas, the decision was clear.
“They knew it when they acquired the business, it wasn’t a big surprise,” she said.
Sherod added that allowing alcohol sales could create issues in an area frequented by teens.
“I didn’t think it was a good idea to make an exception for the store because the area becomes an afterschool hangout spot for youth like my own 14-year-old son,” she said.
