City of Stockton. Meeting Agenda - Final Planning Commission

Transcription

1 City of Stockton Stockton Planning Commission Meeting Agenda - Final Planning Commission Kevin Hernandez, Chair (At-Large) Sol Jobrack, Vice Chair (District 1) Kim Tutt (District 2) Elizabeth Hull (District 3) Chris Eley (District 4) Don M. Aguillard (District 5) D'Adrea Davie (District 6) Thursday, April 14, :00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA 1. CALL TO ORDER/ROLL CALL 2. PLEDGE TO FLAG 3. ADOPTION OF CONSENT CALENDAR APPROVAL OF PLANNING COMMISSION MINUTES Recommended Action: RECOMMENDATION Approval for filing minutes of the March 10, 2016 Planning Commission Meeting. Department: Attachments: Community Development Attachment A March 10 Planning Commission Minutes 4. PUBLIC COMMENT* 5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS Recommended Action: REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF BEER AND WINE IN A PLANNED CONVENIENCE STORE AS PART OF THE DEVELOPMENT OF A GASOLINE STATION AND CAR WASH FACILITY AT TRINITY PARKWAY (P ) RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution denying a Use Permit to allow the off-sale of beer and wine in a planned convenience store as part of the development of a planned gasoline station and car wash facility, in accordance with the Findings for Decision detailed herein. Department: Community Development Page 1 City of Stockton Printed on 4/7/2016 1

2 Planning Commission Meeting Agenda - Final April 14, 2016 Attachments: Attachment A - Location Map and Aerial Photograph Attachment B - Locations of Active Alcoholic Beverage Licenses Proposed Resolution Exhibit 1 - Site and Floor Plans and Color Elevations REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN A PROPOSED LIQUOR STORE AT 2700 COUNTRY CLUB BOULEVARD (P ) Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution denying a Use Permit to allow the off-sale of general alcoholic beverages in a proposed liquor store at 2700 Country Club Boulevard, in accordance with the Findings for Decision detailed herein. Department: Attachments: Planning Commission Attachment A - Location Map and Aerial Photograph Attachment B - Locations of Active Alcoholic Beverage Licenses Attachment C - Letters of Opposition Attachment D - Letter of Support and Public Petition Proposed Resolution Exhibit 1 - Site and Floor Plans REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF BEER AND WINE IN AN EXISTING MINI-MART WITH GASOLINE SALES AND A VARIANCE TO REDUCE THE MINIMUM SEPARATION REQUIREMENT BETWEEN AN OFF-SALE ALCOHOLIC BEVERAGE ESTABLISHMENT AND AN ACADEMIC SCHOOL FOR PROPERTY LOCATED AT 3440 EAST MAIN STREET (P ) Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution denying the following requests: 1. A Use Permit to allow the off-sale of beer and wine in an existing mini-mart with gasoline sales for property located at 3440 East Main Street; and 2. A Variance to allow a reduction of the required minimum 300-foot separation between an existing mini-mart with the proposed off-sale of beer and wine and a public academic school, for property located at 3440 East Main Street. Department: Community Development Page 2 City of Stockton Printed on 4/7/2016 2

3 Planning Commission Meeting Agenda - Final April 14, 2016 Attachments: Attachment A - Location Map and Aerial Photograph Attachment B - Locations of Active Alcoholic Beverage Licenses Attachment C - SUSD and Area Resident Correspondence Attachment D - Public Petitions to Support the Proposed Project Proposed Resolution Exhibit 1 - Site and Floor Plans 6. NEW BUSINESS* 7. UNFINISHED BUSINESS 8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS 9. COMMISSIONERS COMMENTS 10. ADJOURNMENT CERTIFICATE OF POSTING I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on April 7, 2016, in compliance with the Brown Act. Bonnie Paige, CMC By: Deputy Page 3 City of Stockton Printed on 4/7/2016 3

4 Planning Commission Meeting Agenda - Final April 14, 2016 A. The meeting will be conducted in accordance with Rosenberg s Rules of Order. B. Each person wishing to address the Planning Commission is encouraged to fill out a speaker card located at the podium. Each speaker will then be called forward to the podium to speak in the order in which their speaker card was received. Speakers are encouraged but not required to provide their name and address when speaking before the Commission. C. All questions from members of the audience to the Planning Commission and/or city staff members shall be directed to the Chairperson of the Planning Commission. All questions from Planning Commission members to staff shall be addressed directly to staff from the member asking the question. No personal comments and/or exchanges will be permitted between members of the audience and individual staff or Commission members. Rather, direction shall be given to staff to follow-up on any issues brought before the Commission. This rule applies to communications outside of the public hearing process. D. Information presented to the Commission shall only pertain directly to the item under consideration. Character assassinations, personal feuds, irrelevant data or repetitions of matters already presented shall not be permitted. E. All rules of Decorum pursuant to Council Policy Rules for Conduct of City Council Meetings apply equally to this Commission. Agendas, staff reports and minutes can be viewed on the City of Stockton web site DISCLOSURE OF CAMPAIGN CONTRIBUTIONS: State legislation requires disclosure of campaign contributions of $250 or more, made to any Planning Commissioner, by any person who actively supports or opposes any application pending before the Planning Commission, and such person has a financial interest in the decision. Active support or opposition includes lobbying a Commissioner and/or testifying for or against such an application. Any person having made a $250 or larger contribution within the preceding 12 months must disclose that fact during the public hearing or on said application. The official City Planning Commission policy is that applications pending before this Commission should not be discussed with the Commission members outside of a public hearing. If any representations are made privately, they must be identified and placed in the public record at the time of the hearing. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing. NOTE: All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one. In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California during normal business hours or by calling (209) , at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility. CONSENT ITEMS: Information concerning the consent items has been forwarded to the Planning Commission prior to the meeting. Unless a Commissioner or member of the audience has questions concerning a particular Page 4 City of Stockton Printed on 4/7/2016 4

5 Planning Commission Meeting Agenda - Final April 14, 2016 item and asks that it be removed from the Consent Calendar, the items are approved at one time by a roll call vote. Anyone wishing to speak on a consent item or public hearing item, please complete a "Request to Speak Card" and submit it to the Recording Secretary prior to the meeting. * For any person wishing to address the Planning Commission on any matter not on the printed agenda. Chairperson may set time limit for individual speakers/groups. Page 5 City of Stockton Printed on 4/7/2016 5

6 City of Stockton Legislation Text File #: , Version: 1 APPROVAL OF PLANNING COMMISSION MINUTES RECOMMENDATION Approval for filing minutes of the March 10, 2016 Planning Commission Meeting. Attachment A March 10 Planning Commission Minutes City of Stockton Page 1 of 1 Printed on 4/6/ powered by Legistar

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13 City of Stockton Legislation Text File #: , Version: 1 REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF BEER AND WINE IN A PLANNED CONVENIENCE STORE AS PART OF THE DEVELOPMENT OF A GASOLINE STATION AND CAR WASH FACILITY AT TRINITY PARKWAY (P ) RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution denying a Use Permit to allow the off-sale of beer and wine in a planned convenience store as part of the development of a planned gasoline station and car wash facility, in accordance with the Findings for Decision detailed herein. Summary The applicant, Barghausen Consulting Engineers, Inc., acting on behalf of the property owner, RAB Property Investments, LLC, has submitted a Use Permit application to allow the off-sale of beer and wine in a planned convenience store associated with the development of a planned gasoline station and car wash facility, for property located south of Eight Mile Road, between Scott Creek Drive and Trinity Parkway, in north Stockton. The proposed use is located in a High Crime Reporting District. The average number of crimes reported in this district is 192, which exceeds the average by 125%. The Police Department considers those districts with 20% or more above the average to be High Crime Reporting Districts. Allowing the proposed use in the existing regional shopping center has the potential to increase crimerelated activities in the area and result in additional demands for police services. Further, there are currently four (4) existing off-sale alcohol establishments in the vicinity of the subject site and the addition of another off-sale alcohol establishment has the potential to increase illegal activities associated with alcohol sales. Therefore, staff recommends that the Planning Commission deny the Use Permit, in accordance with the recommended findings in the staff report. DISCUSSION Background The proposed project area, an approximately 2.23-acre vacant site, is planned to be developed in two phases. Phase 1, containing approximately 1.26 acres, is located on the south end of the overall project site and will be developed with a gasoline station, a car wash, and a convenience store. Phase 2 will be developed with a fast-food restaurant. The site is zoned MX (Mixed Use) and is bounded to the: north by an automobile dealership (under construction) zoned MX; City of Stockton Page 1 of 5 Printed on 4/6/ powered by Legistar

14 File #: , Version: 1 east across Trinity Parkway by various retail, a restaurant, and office uses zoned MX; and southwest and west across Scott Creek Drive by a car wash and a fast-food restaurant and vacant land zoned MX (Attachment A - Location Map and Aerial Photograph). Project Description Development within the Park West Place Shopping Center is governed by the A.G. Spanos Business Park Master Development Plan (MDP), dated January Section 6.4 of the MDP requires a Planning Commission-approved Use Permit for both on-sale and off-sale alcohol uses. Construction of the planned gasoline station, car wash, and convenience store are permitted by the MDP as byright uses. Because the MDP does not contain specific development standards for a gasoline station, review of the project s Use Permit site plan was based upon the development standards contained in the Development Code. The proposed project complies with applicable Development Code standards for service stations, including the number of driveways and off-street parking spaces, landscaping requirements, and minimum separations from pump islands to structures, property lines, and other pump islands. The overall subject site is planned to contain a 3,180-square foot convenience store on the south side of the property, including eight gas pumps with 16 fuel dispensers under a canopy on the north side of the project site. The planned car wash will be located on the west side of the convenience store. Former SMC Section defines liquor stores as businesses having more than 20 percent of their gross floor area devoted to the sale, display, and/or storage of alcohol. The applicant has advised staff that the convenience store would not have more than 20% of its gross floor area devoted to the sale, display, and/or storage of alcohol, thereby avoiding classification as a liquor store. According to the applicant, beer and wine would be displayed in walk-in coolers on the west and south sides of the store. In addition to alcoholic beverages, the applicant would sell snacks, candies, and bottled/canned non-alcoholic beverages in the store. The planned hours of operation for the convenience store and gasoline sales would be 24 hours per day, seven days a week. The sale of alcoholic beverages would comply with ABC regulations and only be offered between 6:00 a.m. to 2:00 a.m., seven days a week. The Planning Division recently processed a comprehensive Code Amendment to Title 16 of the SMC related to alcoholic beverage sales. The noted Code Amendment was approved by the City Council on January 26, 2016, and became effective on March 26, In accordance with SMC Section F.1. a. and b., even though the new alcohol ordinance is in effect at the time of the Planning Commission s public hearing for this item, the subject Use Permit may be processed in accordance with previously-effective Code requirements that were in place at the time the application was accepted as complete for processing, as long as the application is acted upon within 90 days of the adoption of the new alcohol ordinance (April 26, 2016). Alternatively, the Planning Commission may process the Use Permit in accordance with the current alcohol ordinance, only if it determines that it is necessary to do so to ensure public health, safety, welfare, and orderly development. The subject Use Permit has been processed by Planning Division staff in accordance with the previouslyeffective provisions of the Development Code, based on the fact that the application was deemed complete for processing before adoption of the current alcohol ordinance (March 26, 2016). For the sake of consistency, staff is recommending that the Planning Commission utilize the Development Code s previously-affective alcohol provisions for the subject Use Permit. The recommended findings City of Stockton Page 2 of 5 Printed on 4/6/ powered by Legistar

15 File #: , Version: 1 Code s previously-affective alcohol provisions for the subject Use Permit. The recommended findings in the Planning Commission s staff report are consistent with the previously-effective alcohol ordinance. For the Planning Commission s information, staff s recommendation would also be for denial if the alcohol provisions in the current Code were used to evaluate the application. Specifically, the proposed use is located within 500 feet of another off-sale alcohol establishment (Chevron) and is located within a High Crime Reporting District. Current SMC Section D.2.d.ii. (B) states that a proposed off-sale alcohol establishment may not lead to the grouping of more than four off-sale alcoholic beverages establishments within a 1,000-foot radius. The proposed use complies with the noted regulation because there are only two existing businesses with the off-sale of alcoholic beverages within the 1,000 feet of the project site. ABC Alcohol Regulations In accordance with regulations administered by ABC, Census Tract 40.02, which includes the subject site, is permitted to have eight (8) off-sale alcohol licenses, based on the population in the census tract. There are currently five (5) active off-sale alcohol licenses in the census tract, not including the applicant s proposed license. The census tract, therefore, is not considered to be over-concentrated with off-sale alcohol establishments. According to the applicant, he will apply for an original off-sale beer and wine license (Type 20) from ABC, rather than attempting to transfer an existing license to the subject site. In accordance with California Business and Professions (B&P) Code Section , ABC cannot issue an original off-sale beer and wine license in a jurisdiction that has more than one such license for every 2,500 residents. According to ABC staff, Stockton exceeds that threshold. However, B&P Code Section contains an exemption that would allow ABC to issue the noted license under the following circumstances: 1) the premises are not located in a high crime area. 2) the premises are not located in an over-concentrated census tract, and 3) the governing body makes a finding of Public Convenience or Necessity (PCN). Census Tract is not over-concentrated with off-sale alcohol uses and will not become overconcentrated if the subject Use Permit is approved and an additional license is approved by ABC. However, the project site is located in a High Crime Reporting District. The addition of another offsale alcohol establishment in the regional shopping center has the potential to increase illegal activities associated with alcohol sales. Further, allowing the proposed use in the existing regional shopping center has the potential to increase crime-related activities in the area and result in additional demands for police services. For this reason, staff has determined that the required Finding of PCN could not be made for the project. The census tract has five (5) off-sale establishments. One off-sale alcohol establishment (Chevron) is located approximately 260 feet northeast side of the project site. Three other businesses with the offsale of alcohol (Wal-Mart, Target, and Cost Plus) are located within the overall shopping center and the fifth business is located on the west side of the census tract (Attachment B - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses). In staff s judgment, this area is already served by an adequate number of alcohol establishments. Approval of the subject Use Permit and the subsequent issuance of a Type 20 license by ABC has the potential to increase nuisance activities on or in close proximity to the premises, including illegal drug activity, public drunkenness, theft, City of Stockton Page 3 of 5 Printed on 4/6/ powered by Legistar

16 File #: , Version: 1 or in close proximity to the premises, including illegal drug activity, public drunkenness, theft, assaults, acts of vandalism, excessive littering, loitering, excessive loud noise (especially in the late night or early morning hours), and traffic violations. Further, authorizing a new convenience store with the off-sale of beer and wine near an existing convenience store with the off-sale of alcohol (Chevron) would potentially result in the concentration of illegal activities related to alcohol uses in the proximity of the project site and increase adverse impacts upon the public convenience, health, interest, safety or the general welfare of persons residing or working in the neighborhood of the proposed use. Proximity to School Former SMC Section A requires a minimum separation of 300 feet between an establishment with the off-sale of alcoholic beverages and public or private academic schools for students in kindergarten through 12th grade. The nearest schools, Christa McAuliffe Middle School and Manlio Silva Elementary School (Lodi Unified School District), are located approximately 3,600 feet southeast and 3,800 feet west of the project site, respectively. According to the San Joaquin County Office of Education, there are no County One Schools located in the vicinity of the project site. The proposed use, therefore, complies with previous SMC Section A with respect to the minimum required separation between off-sale alcohol use and schools. Problem Use There are seven required general findings in former SMC Section A that must be considered in order to approve the proposed use. The general findings require compliance with all applicable provisions in the SMC; including maintaining the integrity and character of the applicable zoning district; compliance with General Plan objectives/policies and any applicable Specific Plan or Master Development Plan; the provision of adequate utility services for the proposed use; consideration of public convenience, health, safety, and land use compatibility; and compliance with California Environmental Quality Act (CEQA) Guidelines. In addition, the off-sale of alcoholic beverages constitutes a Problem Use and, as such, requires three additional findings, pursuant to former SMC Section B. In accordance with former SMC Section B. Problem Uses are defined as Uses that have a blighting and/or deteriorating effect upon their surroundings, and which may be dispersed to minimize their adverse impacts. The proposed use would not represent a dispersal of this problem use, but would, instead, increase the concentration by allowing an additional Problem Use in the area. As a result, the required findings for Problem Uses cannot be made in the affirmative for the following reasons: 1. The proposed use is likely to interfere with the comfortable enjoyment of life or property in the area, because the applicant has failed to provide any evidence that an additional alcoholic beverage sales establishment would not adversely affect the area. According to the Police Department s newly updated crime report statistics (2013 through 2015), the average number of crimes reported in all of the Citywide Crime Reporting Districts is 85. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 192, which exceeds the average by 125%. The Police Department only considers those districts with an average of 20% or more above the average to be High Crime Reporting Districts. Therefore, the project site is located in a High Crime Reporting District. Adding City of Stockton Page 4 of 5 Printed on 4/6/ powered by Legistar

17 File #: , Version: 1 Districts. Therefore, the project site is located in a High Crime Reporting District. Adding another Problem Use in the shopping center has the potential to increase vagrancy and illegal activities and is expected to result in additional calls for police service. 2. The proposed use will increase or encourage the deterioration or blight in the area, because the census tract already contains five (5) off-sale and nine (9) on-sale alcohol establishments. More specifically, four (4) of the off-sale establishments and eight (8) of the on-sale establishments are located within 4,000 feet of the project site. Clearly, the area immediately surrounding the proposed use is adequately served by the existing alcohol sales businesses. Adding another alcoholic beverage sales establishment in the neighborhood surrounding the subject site has the potential to create an unsafe neighborhood; specifically, by additional potential crimes, illegal activities, and drunkenness, as well as increasing or encouraging deterioration or blight in the area. 3. The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential, because there are no such programs in place in the subject neighborhood. However, the proposed alcohol establishment will be contrary to the conservation, improvement, and redevelopment of the area, because such establishments have the potential to increase alcohol-related illegal activities, which would adversely affect the quality of life for area residents. In summary, the proposal, if approved, would introduce an additional Problem Use into a neighborhood that already has a significant number of crimes and other illegal activities. The required Findings for Problem Use cannot be made in the affirmative, because this neighborhood already has an adequate number of alcohol sales outlets and an additional outlet has the potential to result in adverse impacts upon the general health and welfare of the neighborhood. As such, staff recommends denial of the Use Permit application. ENVIRONMENTAL REVIEW Denial of the application does not constitute a project under the California Environmental Quality Act (CEQA) and, therefore, no environmental analysis is needed for the proposed use. VOTES REQUIRED A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to transact business or decide any matter. Attachment A - Location Map and Aerial Photograph Attachment B - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses City of Stockton Page 5 of 5 Printed on 4/6/ powered by Legistar

18 Attachment A Project Site Location Map 18

19 Attachment A Project Site Aerial Photograph 19

20 Attachment B Off-Sale Alcohol On-Sale Alcohol Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses 20

21 Resolution No. STOCKTON PLANNING COMMISSION RESOLUTION DENYING A USE PERMIT REQUEST TO ALLOW THE OFF-SALE OF BEER AND WINE IN A PROPOSED CONVENIENCE STORE AS PART OF THE DEVELOPMENT OF GASOLINE STATION AND CAR WASH FACILITY AT TRINITY PARKWAY (P ) The applicant, Barghausen Consulting Engineers, Inc., acting on behalf of the property owner, RAB Property Investments, LLC, has submitted a Use Permit application to allow the off-sale of beer and wine in a proposed convenience store associated with the development of a planned gasoline station and car wash facility at the above-noted location; and The subject Use Permit was processed by Planning staff in accordance with applicable alcohol provisions of the previous Development Code, based on the fact that the application was deemed complete for processing and scheduled for action by the Planning Commission before the effective date of the new alcohol ordinance; and The project site is located in an area of the City that has experienced an above average number of crimes (Crime Reporting Districts with an average of 20% or more above the average); and This neighborhood already has an adequate number of alcohol sales establishments. Approval of the proposed use on the subject site would have the potential to create an unsafe environment for surrounding residential and retail uses, by increasing the potential for crimes such as loitering, panhandling, drunkenness, and encouraging deterioration or blight in the area, generating adverse impacts upon the general health, and welfare of the neighborhood, as well as resulting in additional calls for police service; and BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF STOCKTON, AS FOLLOWS: The Planning Commission hereby denies the request for a Use Permit to allow the offsale of beer and wine in a proposed convenience store as part of the construction of a proposed gasoline station, car wash facility, and convenience store at Trinity Parkway (See Exhibit 1 - Site and Floor Plans and Color Elevations) based on the following findings: // // // 21

22 General Findings: a. The proposed use would not maintain or strengthen the integrity and character of the neighborhood and MX (Mixed Zone) zoning district in which it is to be located, because the proposed use has the potential to increase the number of calls for police service in the shopping center and residential neighborhoods. There are currently five (5) existing off-sale alcohol establishments in the vicinity of the subject site and the addition of another offsale alcohol establishment has the potential to increase illegal activities associated with alcohol sales. Further, allowing the proposed use in the existing regional shopping center has the potential to increase crime-related activities in the area and result in additional demands for police services. b. The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified would endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the neighborhood of the proposed use, because the proposed use is potentially detrimental due to its likelihood to result in additional calls for police services related to illegal activities from alcohol sales, including noise, public drunkenness, vandalism, and panhandling and, thereby, place a further strain on police resources. c. The design, location, size, and operating characteristics of the proposed use would not be compatible with existing and future land uses on-site and in the vicinity of the subject property, because the proposed use has the potential to be incompatible with offices, retail uses, and other personal services in the vicinity area of the project site due to the creation of additional alcoholrelated impacts, such as noise, illegal drug usage and sales, theft, and violent behavior. Criteria Problem uses are defined as uses that have a blighting and/or deteriorating effect upon their surroundings, and which may be dispersed to minimize their adverse impacts. Former SMC Section B provides criteria that must be considered for the establishment of uses identified as problem uses, subject to the approval of a Commission use permit: a. The proposed use with respect to the proximity and type of other problem uses; b. The effect of dispersal or concentration of problem uses in the general area; c. The effect that the proposed use is likely to have on the neighborhood; 22

23 d. The noise, traffic, and/or visual impacts, as well as other relevant factors, on the compatibility of the proposed use with the surrounding institutional, business, and residential uses; e. The potential of the proposed use to create or increase loitering or vandalism in the area; and f. The degree that traffic safety, both on- and off-site, will be adversely affected by the proposed activity. There are five (5) existing Problem Uses located in Census Tract No Approving the subject Use Permit and granting the applicant an additional offsale alcohol license would increase the number of Problem Uses in the census tract. It would also increase the potential to adversely affect or endanger public safety in the surrounding neighborhood through additional crimes and the associated increase in calls for police services. Further, alcohol-related problems in the area have the potential to increase public nuisances, such as loitering, vandalism, and panhandling, etc., that are generally associated with stores with the off-sale of alcoholic beverages. The above criteria are then used to make the following three additional findings required for Problem Uses (former SMC B): Problem Use Findings a. The proposed use is likely to interfere with the comfortable enjoyment of life or property in the area, because the applicant has failed to provide any evidence that an additional alcoholic beverage sales establishment would not adversely affect the area. According to the Police Department s newly updated crime report statistics (2013 through 2015), the average number of crimes reported in all of the Citywide Crime Reporting Districts is 85. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 192, which exceeds the average by 125%. The Police Department only considers those districts with an average of 20% or more above the average to be High Crime Reporting Districts. Therefore, the project site is located in a High Crime Reporting District. Adding another Problem Use in the shopping center has the potential to increase vagrancy and illegal activities and is expected to result in additional calls for police service. b. The proposed use will increase or encourage the deterioration or blight in the area, because the census tract already contains five (5) off-sale and nine (9) on-sale alcohol establishments. In fact, four (4) of the off-sale establishments and eight (8) of the on-sale establishments are located within 4,000 feet of the project site. Clearly, the area immediately surrounding the proposed use is adequately served by the existing alcohol sales businesses. 23

24 Adding another alcoholic beverage sales establishment in the neighborhood surrounding the subject site has the potential to create an unsafe neighborhood; specifically, by additional potential crimes, illegal activities, and drunkenness, as well as increasing or encouraging deterioration or blight in the area. c. The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential, because there are no such programs in place in the subject neighborhood. However, the proposed alcohol establishment will be contrary to the conservation, improvement, and redevelopment of the area, because such establishments have the potential to increase alcohol-related illegal activities, which would adversely affect the quality of life for area residents. PASSED, APPROVED, and ADOPTED April 14, AYES: NAYS: ABSENT: KEVIN HERNANDEZ, CHAIR City of Stockton Planning Commission ATTEST: DAVID KWONG, SECRETARY City of Stockton Planning Commission 24

25 Exhibit 1 Site Plan 25

26 Exhibit 1 Floor Plan 26

27 Exhibit 1 Elevations 27

28 Exhibit 1 Elevations 28

29 Exhibit 1 Elevations 29

30 City of Stockton Legislation Text File #: , Version: 1 REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN A PROPOSED LIQUOR STORE AT 2700 COUNTRY CLUB BOULEVARD (P ) RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution denying a Use Permit to allow the off-sale of general alcoholic beverages in a proposed liquor store at 2700 Country Club Boulevard, in accordance with the Findings for Decision detailed herein. Summary The applicant, Harry Shergill, is proposing to establish a liquor store with the off-sale of general alcoholic beverages (Type 21) at the above-noted location. In accordance with regulations administered by the State Department of Alcoholic Beverage Control (ABC), Census Tract 10.00, which includes the subject site, is permitted to have four (4) off-sale alcohol licenses, based on the population in the census tract. There are currently three (3) active off-sale alcohol licenses in the census tract, not including the applicant s proposed license. Approving the Use Permit to allow the issuance of an additional alcohol license by ABC would not constitute an overconcentration in this census tract. However, the area immediately surrounding the proposed use is fully served by existing alcohol sales outlets. Two nearby off-sale alcohol establishments (Shell Gasoline Station and 7- Eleven) are located directly across Country Club Boulevard from the project site. Another alcohol outlet (Safeway) is located in the southwest corner of the shopping center in which the proposed liquor store is located. Clearly, there is an adequate number of off-sale alcoholic beverages establishments to serve the neighborhood. Furthermore, the proposed use is located in a High Crime Reporting District. Approval of a fourth (4 th ) off-sale license in this area has the potential to increase crimes and other activities related to alcohol uses and would likely result in an increase in calls for police services. Therefore, staff recommends that the Planning Commission deny the Use Permit, in accordance with the recommended findings. DISCUSSION Background The proposed 3,300-square foot liquor store would occupy a vacant building (former Blockbuster) that is located in the northeast corner of an existing approximately ten-acre shopping center. The overall center is located at the southwest corner of Country Club Boulevard and Interstate 5 in central Stockton. The overall shopping center is zoned CG (Commercial, General) and is bounded to the: north across Country Club Boulevard by an existing gasoline station (Shell) and a mini-market (7-Eleven), zoned CN (Commercial, Neighborhood) and an apartment complex zoned RH City of Stockton Page 1 of 5 Printed on 4/6/ powered by Legistar

31 File #: , Version: 1 (7-Eleven), zoned CN (Commercial, Neighborhood) and an apartment complex zoned RH (Residential, High Density); east across Interstate 5 by single-family homes zoned RL (Residential, Low Density) and an apartment complex zoned RH; south by an apartment complex zoned RH; and west by a church and vacant land zoned RL (Attachment A - Location Map and Aerial Photograph). Project Description The applicant is proposing to establish a liquor store at the above-noted location and is requesting a Use Permit to allow the off-sale of general alcoholic beverages in the business. Because the applicant proposes to devote more than 20 percent of the store s gross floor area to the sale, display, and/or storage of alcohol, the proposed use is classified as a liquor store, pursuant to Stockton Municipal Code (SMC) Section According to the applicant, general alcohol would be displayed in a locked cabinet on the north side of the business. Beer and wine would be displayed in a walk-in cooler on the east side of the store. The business owner would offer other merchandise for sale in the store, including chips, snacks, candies, and bottled/canned beverages. A liquor store, as defined in the SMC, may use 100% of its floor area for alcohol sales, display, and/or storage. By applying for a liquor store, the applicant avoids the need to apply for another Use Permit in the future if he wishes to increase the amount of area devoted to alcohol-related activities. The proposed hours of operation for the liquor store would be from 7:00 a.m. to 11:00 p.m., seven days a week. The Planning Division recently processed a comprehensive Code Amendment to Title 16 of the SMC related to alcoholic beverage sales. The noted Code Amendment was approved by the City Council on January 26, 2016, and became effective on March 26, In accordance with SMC Section F.1. a. and b., even though the new alcohol ordinance is in effect at the time of the Planning Commission s public hearing for this item, the subject Use Permit may be processed in accordance with the previously-effective Code requirements that were in effect at the time the application was accepted as complete for processing, as long as it is acted upon within 90 days of the adoption of the new alcohol ordinance (April 26, 2016). Alternatively, the Planning Commission may process the Use Permit in accordance with the current alcohol ordinance, only if it determines that it is necessary to do so to ensure public health, safety, welfare, and orderly development. The subject Use Permit was processed by Planning staff in accordance with the previously-effective provisions of the Development Code, based on the fact that the application was deemed complete for processing and scheduled for action by the Planning Commission before the effective date of the new alcohol ordinance. For the sake of consistency, staff is recommending that the Planning Commission utilize the previously-effective alcohol provisions for the subject Use Permit. The recommended findings in the Planning Commission s staff report are consistent with the previouslyeffective alcohol ordinance. For the Planning Commission s information, staff s recommendation would also be for denial if the alcohol provisions of the current Code were used to evaluate the application. Specifically, the proposed use would not be located within 500 feet of a sensitive land use, but is located within 500 feet of another off-sale alcohol establishment (actually three), and is located within a High Crime Reporting District. City of Stockton Page 2 of 5 Printed on 4/6/ powered by Legistar

32 File #: , Version: 1 Census Tract The project site is located in Census Tract Based upon the population in that geographic area, ABC has determined that four (4) off-sale alcoholic beverage establishments are allowed within the Census Tract. There are currently three (3) active off-sale establishments within the census tract, not including the applicant s requested license. The applicant has advised staff that he has acquired an active Type 21 license from a site outside of the City and that his intention is to transfer that license to the subject site, if the subject Use Permit for the proposed liquor store is approved by the Planning Commission and ABC approves the transfer. In accordance with ABC s regulation, a Public Convenience or Necessity (PCN) Finding for a Type 21 license would not be required, because the project site is not located in an over-concentrated census tract and approval of a fourth license would not result in an overconcentration of off-sale licenses in the census tract. The area within 4,000 feet of the project site has eleven (11) existing off-sale alcohol establishments. Two nearby off-sale alcohol businesses (Shell Gasoline Station and 7-Eleven) are located directly across Country Club Boulevard from the project site and a third one (Safeway) is located in the southwest corner of the shopping center in which the proposed liquor store is located (Attachment B - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses). In staff s judgment, the neighborhood is already served by an adequate number of alcohol establishments and an additional off-sale alcohol business at this location has the potential to increase crimes, loitering, vandalism, panhandling, drunkenness, and vagrancy in this mixed retail and residential neighborhood and would likely result in an increase in calls for police service, which would deplete police resources in this area of the City. Proximity to Schools Former SMC Section A required a minimum separation of 300 feet between an establishment with the off-sale of alcoholic beverages and public or private academic schools for students in kindergarten through 12th grade. The nearest private school (Montessori Children s House), located at 2448 Country Club Boulevard, is approximately 760 feet east of the project site. In addition, Hoover Elementary School and Commodore Stockton Skills School (Stockton Unified School District) are located approximately 1,400 feet and 1,200 feet, respectively, north of the subject site. According to the San Joaquin County Office of Education, there are no County one Schools located in the vicinity of the project site. The proposed use, therefore, complies with the noted minimum required separation from schools. Problem Use There are seven required general findings in former SMC Section A that must be considered in order to approve the proposed use. The general findings require compliance with all applicable provisions in the SMC; including maintaining the integrity and character of the applicable zoning district; compliance with General Plan objectives/policies and any applicable Specific Plan or Master Development Plan; the provision of adequate utility services for the proposed use; consideration of public convenience, health, safety, and land use compatibility; and compliance with California Environmental Quality Act (CEQA) Guidelines. Additionally, an off-sale alcoholic beverage establishment constitutes a Problem Use and, as such, requires three additional findings, pursuant to former SMC Section B.In accordance with former SMC Section , Problem Uses are defined as Uses that have a blighting and/or deteriorating effect upon their surroundings, and which may be dispersed to minimize their adverse impacts. The proposed use would not City of Stockton Page 3 of 5 Printed on 4/6/ powered by Legistar

33 File #: , Version: 1 and which may be dispersed to minimize their adverse impacts. The proposed use would not represent a dispersal of this problem use, but would, instead, increase the concentration by allowing an additional problem use in the area. As a result, the required findings for Problem Uses cannot be made in the affirmative for the following reasons: 1. The proposed use is likely to interfere with the comfortable enjoyment of life or property in the area. The applicant has failed to provide any evidence that an additional alcoholic beverage sales establishment would not negatively impact the area. According to the Police Department s newly updated crime report statistics (2013 through 2015), the average number of crimes reported in all of the Citywide Crime Reporting Districts is 85. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 132, which exceeds the average by 55%. The Police Department considers those districts with an average of 20% or more above the average to be High Crime Reporting Districts. Therefore, the project site is located in a High Crime Reporting District. Adding another Problem Use in the shopping center has the potential to increase vagrancy and illegal activities and is expected to result in additional calls for police service. 2. The proposed use will increase or encourage the deterioration or blight of the area. The area within 4,000 feet of the project site contains eleven (11) off-sale and twelve (12) on-sale alcohol outlets. Clearly, the area immediately surrounding the proposed use is adequately served by the existing alcohol sales businesses. Adding another alcoholic beverage sales establishment in the neighborhood surrounding the subject site has the potential to create an unsafe neighborhood; specifically, by additional potential crimes, illegal activities, and drunkenness, as well as increasing or encouraging deterioration or blight in the area. 3. The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential, because there are no such programs in place in the subject neighborhood. However, the proposed alcohol establishment will be contrary to the conservation, improvement, and redevelopment of the area, because such establishments have the potential to increase alcohol-related illegal activities, which would adversely affect the quality of life for area residents. In summary, the proposal, if approved, would introduce an additional Problem Use into a neighborhood that already has a significant number of crimes and illegal activities in the proximity of the project site. The noted Findings for Problem Use cannot be made in the affirmative, because an additional outlet has the potential to result in adverse impacts upon the general health and welfare of the neighborhood. Therefore, staff recommends denial of the Use Permit application. Public Comments Copies of three letters submitted to ABC in response to its public notice requirement were given to Planning staff by an area resident (Attachment C - Letters of Opposition). The letters addressed perceived concerns regarding the concentration of on-sale and off-sale alcohol businesses in the neighborhood surrounding the project site. According to the letters, adding another off-sale alcohol establishment could potentially increase crimes and other illegal activities related to alcohol use in the neighborhood. Staff also received letters of support and a petition with the names of 24 area residents that was submitted to ABC in response to its required public notice. The petition signers City of Stockton Page 4 of 5 Printed on 4/6/ powered by Legistar

34 File #: , Version: 1 residents that was submitted to ABC in response to its required public notice. The petition signers support the proposed use in the shopping center (Attachment D -Letters of Support and Public Petition). ENVIRONMENTAL REVIEW Denial of the application does not constitute a project under the California Environmental Quality Act (CEQA) and, therefore, no environmental analysis is needed for the proposed use. VOTES REQUIRED A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to transact business or decide any matter. Attachment A - Location Map and Aerial Photograph Attachment B - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses Attachment C - Letters of Opposition Attachment D - Letters of Support and Public Petition City of Stockton Page 5 of 5 Printed on 4/6/ powered by Legistar

35 Attachment A Project Site Location Map 35

36 Attachment A Project Site Aerial Photograph 36

37 Attachment B Project Site On-sale Alcohol Off-sale Alcohol Bar Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses 37

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52 Resolution No. STOCKTON PLANNING COMMISSION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF STOCKTON DENYING A USE PERMIT TO ALLOW THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN A PROPOSED LIQUOR STORE AT 2700 COUNTRY CLUB (P ) The applicant, Harry Shergill, submitted an application for a Use Permit to allow the establishment of a proposed liquor store with the off-sale of general alcoholic beverages at 2700 Country Club Boulevard; and The subject Use Permit was processed by Planning staff in accordance with applicable alcohol provisions of the previous Development Code, based on the fact that the application was deemed complete for processing and scheduled for action by the Planning Commission before the effective date of the new alcohol ordinance; and The project site is located in an area of the City that has experienced an above average number of crimes. Approval of the proposed liquor store on the subject site would have the potential to create an unsafe environment for surrounding residential and retail uses, by increasing crimes, loitering, panhandling, drunkenness, encouraging deterioration or blight in the area, and resulting in additional calls for police service ; and This neighborhood already has an adequate number of alcohol sales outlets and adding another off-sale use would have the potential to result in adverse impacts upon the general health and welfare of the neighborhood and increase vagrancy and illegal activities and result in additional calls for police service; now; therefore, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF STOCKTON, AS FOLLOWS: 1. The Planning Commission hereby denies the request for a Use Permit to allow the establishment of a proposed liquor store with the off-sale of general alcoholic beverages at 2700 Country Club Boulevard (See Exhibit 1 - Site and Floor) based on the following findings: // // 52

53 General Findings Problem Use Findings a. The proposed use would not maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located, because the proposed use has the potential to increase the number of calls for police service in the shopping center and in nearby commercial areas and residential neighborhoods. There are currently eleven (11) existing off-sale alcohol establishments in the vicinity of the subject site and the addition of another off-sale alcohol establishment has the potential to increase illegal activities associated with alcohol sales. Further, allowing the proposed use in the existing shopping center has the potential to increase crime-related activities in the area and result in additional demands for police services. b. The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified would endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the neighborhood of the proposed use, because the proposed use is potentially detrimental due to its likelihood to result in additional calls for police services related to illegal activities from alcohol sales, including noise, public drunkenness, vandalism, and panhandling and, thereby, place a further strain on police resources. c. The design, location, size, and operating characteristics of the proposed use would not be compatible with existing and future land uses on-site and in the vicinity of the subject property, because the proposed use has the potential to be incompatible with residences, offices, retail uses, and other personal services in the vicinity area of the project site due to the creation of additional alcohol-related impacts, such as noise, illegal drug usage and sales, theft, and violent behavior. The following criteria shall be considered pursuant to former Section B and findings made in compliance with Section (B) related to problem uses: Criteria a. The proposed use with respect to the proximity and type of other problem uses; 53

54 b. The effect of dispersal or concentration of problem uses in the general area; c. The effect that the proposed use is likely to have on the neighborhood; d. The noise, traffic, and/or visual impacts, as well as other relevant factors, on the compatibility of the proposed use with the surrounding institutional, business, and residential uses; e. The potential of the proposed use to create or increase loitering or vandalism in the area; and f. The degree that traffic safety, both on- and off-site, will be adversely affected by the proposed activity. There are three (3) existing Problem Uses located in Census Tract No Approving the subject Use Permit and granting the applicant an additional offsale general alcohol license would increase the number of Problem Uses in the Census Tract. It would also intensify existing alcohol-related problems in the area surrounding the subject site and increase the potential to adversely affect or endanger public safety in the surrounding neighborhood through additional crimes and the associated increase in calls for police services. Further, those alcohol-related problems in the area have the potential to increase public nuisances, such as loitering, vandalism, and panhandling, etc., that are generally associated with stores with the off-sale of alcoholic beverages. The above criteria are then to be used to address the following required additional findings for Problem Uses (SMC B): a. The proposed use is likely to interfere with the comfortable enjoyment of life or property in the area, because the applicant has failed to provide any evidence that adding another alcoholic beverage sales establishment would not negatively impact the area. According to the Police Department s newly updated crime report statistics (2013 through 2015), the average number of crimes reported in all of the Citywide Crime Reporting Districts is 85. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 132, which is 55% above the City-wide average. The Police Department considers those districts with an average of 20% or more above the average to be High Crime Reporting Districts. The project site is, therefore, located in a High Crime Reporting District. As a result, adding another Problem Use in the shopping center has the potential to increase vagrancy and illegal activities and can also be expected to result in additional calls for police service. 54

55 b. The proposed use will increase or encourage the deterioration or blight of the area, because there are eleven (11) existing off-sale alcohol outlets in the vicinity of the subject site. Clearly, the area immediately surrounding the proposed use is adequately served by the existing alcohol sales outlets. Adding another alcoholic beverage sales establishment in the neighborhood surrounding the subject site has the potential to create an unsafe neighborhood, due to increased crimes, illegal activities, and drunkenness, as well as by increasing or encouraging deterioration or blight in the area. c. The establishment of an additional off-sale alcohol use in the area will not be contrary to the redevelopment of the surrounding neighborhood. While the City has no specific programs for the conservation, improvement, or redevelopment of the area, approval of the proposed use will be contrary to the improvement and redevelopment of the area, because such an establishment has the potential to increase alcohol-related illegal activities, which would adversely affect the quality of the life for area residents and the viability of future retail/commercial development in the existing shopping center.. PASSED, APPROVED, and ADOPTED April 14, AYES: NAYS: ABSENT: KEVIN HERNANDEZ, CHAIR City of Stockton Planning Commission ATTEST: DAVID KWONG, SECRETARY City of Stockton Planning Commission 55

56 Exhibit 1 56

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58 City of Stockton Legislation Text File #: , Version: 1 REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF BEER AND WINE IN AN EXISTING MINI-MART WITH GASOLINE SALES AND A VARIANCE TO REDUCE THE MINIMUM SEPARATION REQUIREMENT BETWEEN AN OFF-SALE ALCOHOLIC BEVERAGE ESTABLISHMENT AND AN ACADEMIC SCHOOL FOR PROPERTY LOCATED AT 3440 EAST MAIN STREET (P ) RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution denying the following requests: 1. A Use Permit to allow the off-sale of beer and wine in an existing mini-mart with gasoline sales for property located at 3440 East Main Street; and 2. A Variance to allow a reduction of the required minimum 300-foot separation between an existing mini-mart with the proposed off-sale of beer and wine and a public academic school, for property located at 3440 East Main Street. Summary The existing mini-mart with gasoline sales was authorized and constructed under the jurisdiction of San Joaquin County and was later annexed into the City in The applicant, Manpreet Singh, purchased the property in May of 2015 and has been operating the facility since that time. He has submitted the following two applications for the convenience of his customers: 1) a Use Permit to allow the off-sale of beer and wine in the existing mini-mart with gasoline sales; and 2) a Variance to reduce the required minimum 300-foot separation between his mini-mart with the proposed off-sale of beer and wine and an existing public academic school. Stockton Municipal Code (SMC) Section A requires a minimum separation of 300 feet between off-sale alcohol establishments and public or private academic schools for students in kindergarten through 12th grade. Roosevelt Elementary School (Stockton Unified School District) is located approximately 100 feet away from the subject site. As a result, the Variance application was filed in order to request a reduction of the above-noted separation from 300 to 100 feet. Due to the lack of special and exceptional circumstances and physical conditions applicable to the project site, none of the required findings for granting the Variance can be made in the affirmative and staff is recommending that the Planning Commission deny the requested Variance application. As a result, the proposed Use Permit application to allow the off-sale of beer and wine in the mini-mart does not comply with the development standards for off-sale alcoholic beverage sales, specifically the noted separation requirement. Staff, therefore, is also recommending that the Planning Commission deny the Use Permit application, based upon the underlying facts and an inability to make the required affirmative findings to support the two requested applications. City of Stockton Page 1 of 7 Printed on 4/6/ powered by Legistar

59 File #: , Version: 1 DISCUSSION Background The approximately 0.6-acre site is located at the southwest corner of Main Street and Broadway Avenue in east Stockton. The project site is occupied by an existing 800-square foot mini-mart in the center of the property and four existing gas pumps with eight (8) fuel dispensers under a canopy on the north side of the project site. The site is zoned CG (Commercial, General) and is bounded to the: north across Main Street by various retail uses zoned CG; northeast across Main Street and Broadway Avenue by an existing public elementary school (Roosevelt Elementary School) zoned RL (Residential, Low Density); east across Broadway Avenue by an existing church zoned CG; south by single-family residences zoned RL; and west by various retail uses zoned CG (Attachment A - Location Map and Aerial Photograph). Project Description In accordance with SMC Section , a retail store selling a combination of alcohol, gasoline, and a range of merchandise for the motoring public is defined as a convenience store. The applicant has been operating the existing mini-mart with gasoline sales since 2015 and is now requesting a Use Permit to convert the mini-mart into a convenience store by the addition of the offsale beer and wine. He has indicated to staff that the request has been made in order to satisfy his customers needs. The applicant proposes to devote no more than 20 percent of the store s gross floor area to the sale, display, and/or storage of alcohol, thereby avoiding classification as a liquor store, pursuant to SMC Section According to the applicant, beer and wine would be displayed in an existing walk-in cooler in the southeast corner of the store. The operator would continue to offer other merchandise for sale in the store, including chips, snacks, candies, and nonalcoholic bottled/canned beverages. The hours of operation for the existing mini-mart with gasoline sales are from 6:00 a.m. to 10:00 p.m., seven days a week, and no change is proposed if the Use Permit is approved. The Planning Division recently processed a comprehensive Code Amendment to Title 16 of the SMC related to alcoholic beverage sales. The noted Code Amendment was approved by the City Council on January 26, 2016, and became effective on March 26, In accordance with SMC Section F.1. a. and b., even though the new alcohol ordinance is in effect at the time of the Planning Commission s public hearing for this item, the subject Use Permit may be processed in accordance with the previously-effective Code requirements that were in effect at the time the application was accepted as complete for processing, as long as it is acted upon within 90 days of the adoption of the new alcohol ordinance (April 26, 2016). Alternatively, the Planning Commission may process the Use Permit in accordance with the current alcohol ordinance, only if it determines that it is necessary to do so to ensure public health, safety, welfare, and orderly development. The subject Use Permit was processed by Planning staff in accordance with the previously-effective provisions of the Development Code, based on the fact that the application was deemed complete for processing and originally scheduled for action by the Planning Commission before the effective date of the current alcohol ordinance. For the sake of consistency, staff is recommending that the Planning Commission utilize the previously-effective alcohol provisions for the subject Use Permit. City of Stockton Page 2 of 7 Printed on 4/6/ powered by Legistar

60 File #: , Version: 1 Planning Commission utilize the previously-effective alcohol provisions for the subject Use Permit. The recommended findings in the Planning Commission s staff report are consistent with the previously-effective alcohol ordinance. For the Planning Commission s information, staff s recommendation would also be for denial if the alcohol provisions of the current Code were used to evaluate the application. Specifically, the proposed use would be located too close to a school. The proposed use does not comply with the current Code s minimum 500-foot separation from sensitive land uses, including schools. Proximity to Schools Former SMC Section A requires a minimum separation of 300 feet between an establishment with the off-sale of alcoholic beverages and public or private academic schools with students in kindergarten through 12 th grade. The nearest school, Roosevelt Elementary School (Stockton Unified School District), is located approximately 100 feet northeast of the project site. Variance The applicant submitted the Variance application to request a reduction of the noted minimum separation requirement. SMC Section A requires four General Findings of Fact that must be made in the affirmative in order to approve a Variance application. Staff believes that none of the four required findings can be made in the affirmative. Each of the required findings in listed below and is followed by staff s analysis: 1. Special Circumstances - There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict or literal interpretation and enforcement of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Staff cannot make this finding because there are no special circumstances, unique physical characteristics, or conditions applicable to this site that distinguish it from other similarly-zoned parcels in the vicinity. The requested Variance application has been submitted solely for the applicant to be able to provide alcohol sales to his customers. Therefore, enforcement of the required 300-foot minimum separation does not deny the applicant privileges that are enjoyed by other property owners in the vicinity of the project site. 2. Exceptional Circumstances - There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zoning district. This above-noted finding cannot be made in the affirmative because there are no distinctive or exceptional circumstances or physical conditions applicable to the site or to the intended use of the site that distinguish it from other properties in the area with the same zoning designation. The project site has the same zoning as the adjoining parcels to the north, east, and west and the existing mini-mart is not configured in such a way that students at the adjacent school are precluded from being able to access the store. Finally, the Development Code does not contain any provisions that would exclude the proposed off-sale alcohol use from having to comply with the noted minimum separation requirement. City of Stockton Page 3 of 7 Printed on 4/6/ powered by Legistar

61 File #: , Version: 1 3. Physically Suitable - The subject site would be physically suitable for the proposed Variance. The above-noted finding cannot be made in the affirmative because the site, like other parcels that surround it, is essentially flat and has no distinctive physical features that distinguish it from nearby parcels with CG zoning. 4. Granting the variance would: Census Tract a. Be necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought; b. Be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code; c. Not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the same zoning district; d. Not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the subject property; e. Not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or materially injurious to properties or improvements in the vicinity; and f. Be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines. This finding cannot be made in the affirmative because granting the Variance would authorize a use that would not be permitted for other CG-zoned parcels within 300 feet of the nearby school. Approval of the Variance would represent a granting of special privilege that would be inconsistent with limitations placed on other similarly-zoned parcels in the vicinity of the project site. Finally, granting the Variance could be detrimental to the safety and general welfare of students, teachers, and staff in the existing school and residents in the surrounding neighborhood, due to the project s potential for police-related problems associated with the proposed off-sale of beer and wine in the existing mini-mart (e.g. loitering, increased calls for service ). The project site is located in Census Tract Based upon the population in that geographic area, the State Department of Alcoholic Beverage Control (ABC) has determined that three (3) offsale alcoholic beverage establishment are allowed within the Census Tract. There is currently one (1) active off-sale alcohol establishment within this Census Tract, not including the applicant s requested license. The applicant is proposing to buy an existing off-sale beer and wine license (Type 20) from outside of the census tract and transfer it to the subject site. Approval of the Use Permit and the subsequent issuance of a Type 20 ABC license would not result in an overconcentration of such licenses in the census tract. Therefore, in accordance with ABC s regulations, a finding of Public City of Stockton Page 4 of 7 Printed on 4/6/ powered by Legistar

62 File #: , Version: 1 licenses in the census tract. Therefore, in accordance with ABC s regulations, a finding of Public Convenience or Necessity is not required to be made for this project by the Planning Commission. However, the larger area within 4,000 feet of the subject site has fourteen (14) existing off-sale alcohol outlets. Nine (9) of the fourteen (14) alcohol establishments are located on the east side of Highway 99, which is under the jurisdiction of San Joaquin County (Attachment B - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses). Adding another off-sale alcohol establishment has the potential to increase crimes, loitering, vandalism, panhandling, drunkenness, and vagrancy in this neighborhood and would likely result in an increase in calls for police service, which would deplete police resources in this area of the City. Problem Use There are seven required general findings in former SMC Section A that must be made in the affirmative in order to approve the proposed off-sale alcohol use. The general findings require compliance with all applicable provisions in the SMC; maintaining the integrity and character of the applicable zoning district; compliance with General Plan objectives/policies and any applicable Specific Plan or Master Development Plan; the provision of adequate utility services for the proposed use; consideration of public convenience, health, safety, and land use compatibility; and compliance with the California Environmental Quality Act s (CEQA) Guidelines Additionally, an off-sale alcoholic beverage establishment constitutes a Problem Use and, as such, requires three additional findings, pursuant to former SMC Section B. In accordance with Section of the SMC, Problem Uses are defined as Uses that have a blighting and/or deteriorating effect upon their surroundings, and which may be dispersed to minimize their adverse impacts. The proposed use would not represent a dispersal of this problem use, but would, instead, increase the concentration by allowing an additional problem use in the area. As a result, the required findings for Problem Uses cannot be made in the affirmative for the following reasons: 1. The proposed use is likely to interfere with the comfortable enjoyment of life or property in the area. The applicant has failed to provide any evidence that adding another alcoholic beverage sales establishment would not negatively affect the area surrounding the subject site. He has stated that no more than 20% of the store floor area will be dedicated to alcohol sale, display, and/or storage of alcohol; however, that restriction is not intended to reduce off-site impacts, but is simply a way to differentiate between two similar land uses: convenience stores/minimarts and liquor stores. 2. The proposed use will increase or encourage the deterioration or blighting of the area. According to the Police Department s newly updated crime report statistics, the average number of crimes reported in all of the Citywide Crime Reporting Districts is 85. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 92, which is approximately 8% above the average of crimes reported Citywide. Because the average is not more than 20% above the City-wide average, the district is not considered a High Crime Reporting District. Although the project site is not located in a High Crime Reporting District, there are already four (4) on-sale and fourteen (14) off-sale alcohol outlets in the vicinity of the proposed use. Clearly, the area immediately surrounding the proposed use is adequately served by the existing alcohol sales outlets. Adding another alcoholic beverage sales establishment in the neighborhood surrounding the subject site has the potential to create an unsafe neighborhood, due to an increase in alcohol-related crimes, illegal activities, and drunkenness and increase or encourage deterioration or blight in the City of Stockton Page 5 of 7 Printed on 4/6/ powered by Legistar

63 File #: , Version: 1 illegal activities, and drunkenness and increase or encourage deterioration or blight in the area. 3. The establishment of an additional off-sale alcohol use in the area will not be contrary to the redevelopment of the surrounding neighborhood. While the City has no specific programs for the conservation, improvement, or redevelopment of the area, approval of the proposed use will be contrary to the improvement and redevelopment of the area, because such an establishment has the potential to increase alcohol-related illegal activities, which would adversely affect the quality of the life for area residents and the viability of future retail/commercial development in the surrounding area. In summary, approval of the Variance would represent a granting of special privilege that would be inconsistent with limitations placed on other similarly-zoned parcels in the vicinity of the project site and is, therefore, the basis for staff s recommendation for denial of the Variance application. Absent an approved Variance application and the accompanying relief from the noted minimum separation standard, the requested Use Permit to allow the off-sale of beer and wine in the existing mini-mart does not comply with the SMC s development standards for alcoholic beverage sales. As a result, staff recommends denial of the noted applications, because of the inability to make all of required affirmative findings for both the Variance and Use Permit applications. Public Comments Stockton Unified School District s Facilities and Planning Division submitted a letter of opposition to the requested alcohol-related use. The letter, which is signed by two facilities planning staff and the principal of Roosevelt Elementary School, states that alcohol use is one of the initial stages of the progression into illicit drug use. It notes that there are already ample alcohol establishments in the vicinity of the project and adding another off-sale alcohol license has the potential to be detrimental to children living within the area. Staff also received an from an area resident who is opposed to the variance and off-sale of beer and wine in the mini-mart (Attachment C - Letter from Stockton Unified School District and from Area Resident). In additional, a petition with the names of 144 area residents was submitted to Planning staff by the applicant in support of the project (Attachment D - Public Petitions to Support the Proposed Project). ENVIRONMENTAL REVIEW Denial of the application does not constitute a project under the California Environmental Quality Act (CEQA) and, therefore, no environmental analysis is needed for the proposed use. VOTES REQUIRED A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to transact business or decide any matter. Attachment A - Location Map and Aerial Photograph Attachment B - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses Attachment C - Letter from Stockton Unified School District and from Area Resident Attachment D - Public Petitions to Support the Proposed Project City of Stockton Page 6 of 7 Printed on 4/6/ powered by Legistar

64 File #: , Version: 1 City of Stockton Page 7 of 7 Printed on 4/6/ powered by Legistar

65 Attachment A Project Site Location Map 65

66 Attachment A Roosevelt Elementary School Crossroads of the Valley Church Project Site Aerial Photograph 66

67 Attachment B Project Site On-Sale of alcohol Off-Sale Alcohol Bar Locations of On-Sale and Off-sale Active Alcoholic Beverages Licenses 67

68 Attachment C 68

69 Attachmen C 69

70 Attachment D 70

71 Attachment D 71

72 Attachment D 72

73 Attachment D 73

74 Attachment D 74