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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, March 10, :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 February 11, 2016 Planning Commission meeting. Department: Attachments: Community Development Attachment A February 11 Planning Commission Minutes 4. PUBLIC COMMENT* 5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN A PROPOSED MINI-MART/DELI AT 2001 PACIFIC AVENUE (p15-397) Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution approving a Use Permit to allow the off-sale of general alcoholic beverages in a proposed mini-mart/deli at 2001 Pacific Avenue (APN ), in accordance with the Findings for Decision and Conditions of Approval detailed herein (Use Permit No. P15-397). Department: Community Development City of Stockton Page 1 Printed on 3/2/2016 1

2 Planning Commission Meeting Agenda - Final March 10, 2016 Attachments: Attachment A - Location Map and Aerial Photograph Attachment B - Locations of On-Sale and Off-Sale Alcoholic Beverage Licenses Attachment C - Comments from Stockton Unified School and Miracle Mile Impro Attachment D - Public Petitions Attachment E -Articles Regarding Crime and Alcohol Sales Proposed Resolution Exhibit 1- Site and Floor Plans REQUEST FOR A USE PERMIT TO ESTABLISH A PROPOSED LIQUOR STORE WITH THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES AT 2700 COUNTRY CLUB BLVD (P ) Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission continue the Use Permit's public hearing to April 14, 2016, as per the request by the applicant's attorney (Attachment A - Letter of Continuance). Department: Attachments: Community Development Attachment A - Letter of Continuance Attachment B - Location Map and Aerial Photograph Attachment C - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Lic Attachment D - Letters of Opposition Attachment E - 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; 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, in accordance with the Findings for Decision detailed herein (P ). Department: Public Works City of Stockton Page 2 Printed on 3/2/2016 2

3 Planning Commission Meeting Agenda - Final March 10, 2016 Attachments: Attachment A - Location Map and Aerial Photograph Attachmemt B - Locations of Active On-Sale and Off-Sale Active Alcoholic Beve Attachment C - Letter from Stockton Unified School District Proposed Resolution Exhibit 1 - Site and Floor Plans 6. NEW BUSINESS* 7. UNFINISHED BUSINESS 8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS CITY OF STOCKTON PLANNING COMMISSION TRAINING PROGRAM PRESENTED BY INSTITUTE FOR LOCAL GOVERNMENT Department: Community Development 9. COMMISSIONERS COMMENTS 10. ADJOURNMENT City of Stockton Page 3 Printed on 3/2/2016 3

4 Planning Commission Meeting Agenda - Final March 10, 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 City of Stockton Page 4 Printed on 3/2/2016 4

5 Planning Commission Meeting Agenda - Final March 10, 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. City of Stockton Page 5 Printed on 3/2/2016 5

6 City of Stockton Legislation Text File #: , Version: 1 APPROVAL OF PLANNING COMMISSION MINUTES RECOMMENDATION Approval for filing minutes of the February 11, 2016 Planning Commission meeting. Attachment A February 11 Planning Commission Minutes City of Stockton Page 1 of 1 Printed on 3/2/ powered by Legistar

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11 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 MINI-MART/DELI AT 2001 PACIFIC AVENUE (P15-397) RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution approving a Use Permit to allow the off-sale of general alcoholic beverages in a proposed mini-mart/deli at 2001 Pacific Avenue (APN ), in accordance with the Findings for Decision and Conditions of Approval detailed herein (Use Permit No. P15-397). Summary The applicant, Manmohan Raghar, is requesting a Use Permit to allow the off-sale of general alcoholic beverages in a proposed mini-mart/deli at the northwest corner of Pacific Avenue and Bedford Road (the Miracle Mile Improvement District (MMID)). In accordance with regulations administered by the State Department of Alcoholic Beverage Control (ABC), the project site is located in Census Tract 12.00, which is permitted to have four off-sale alcohol licenses, based on the population in the census tract. There are currently three active off-sale alcohol licenses in the census tract. Approval of a fourth off-sale alcohol license would not result in an overconcentration of such licenses in this census tract. In addition, the proposed use complies with applicable provisions of Stockton Municipal Code (SMC) Section , with regard to separation of off-sale alcohol uses from schools, and is not located in a high crime reporting district. DISCUSSION Background The approximately 0.08-acre site is located at the northwest corner of Pacific Avenue and Bedford Road in central Stockton. The neighborhood surrounding the subject site is comprised of a variety of land uses. Generally, the area is developed with single-family homes, duplexes, triplexes, and commercial uses. The latter are primarily located along both sides of Pacific Avenue. The site is occupied by an approximately 2,800-square foot commercial building. The proposed 1,500-square foot mini-mart/deli will be located in a vacant suite in the southern end of the building. The remaining 1,300 square feet of the building is currently occupied by a computer repair shop. The site is zoned CG (Commercial, General) and is bounded to the: north by a spa and boutique shop zoned CG; east across Pacific Avenue by various retail uses zoned CG; south across Bedford Road by a retail store (Tap Plastics) zoned CG; and west by an office zoned CG (Attachment A - Location Map and Aerial Photograph). City of Stockton Page 1 of 5 Printed on 3/2/ powered by Legistar

12 File #: , Version: 1 Project Description The applicant recently leased the subject site and is requesting a Use Permit to allow the operation of a new mini-mart/deli with the off-sale of general alcoholic beverages (Shop N Go, #5, ABC Type 21 - Off-Sale General Alcoholic Beverage license) to satisfy his customers needs. 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 minimart/deli would not have more than 20% of its gross floor area devoted to the sale, display, and/or storage of alcohol. As a result, the business is defined as a mini-mart by the Development Code. According to the applicant, high-end wines and spirits would be sold in the store and displayed in a cabinet behind the counter in the northeast corner of the store. Beer and wine would be displayed in a walk-in cooler in the southwest corner of the business. In addition to alcoholic beverages, the applicant would sell deli products, such as sandwiches, burritos, and hot dogs, as well as other merchandise, including dairy products, chips, snacks, candies, and bottled/canned beverages. The proposed hours of operation for the mini-mart/deli would be from 7 a.m. to 10 p.m., seven days a week. The applicant has stated that he would establish a good relationship with the community and the Police Department and would attend monthly meetings of the MMID. As the Planning Commission is aware, 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; however, it will not become effecting until 60 days after its approval (March 26, 2016). As a result, the subject Use Permit is being processed in accordance with applicable provisions of the current Development Code and the findings proposed for the Planning Commission s action are consistent with the current Development Code. Proximity to Schools SMC Section A requires a minimum separation of 300 feet between an establishment with the off-sale of alcoholic beverages and a public or private academic school for students in kindergarten through 12th grade. The nearest schools, El Dorado Elementary School and Stockton Adult School, are located approximately 750 feet south side of the project site. In addition, Stockton Unified School District s Early College Academy is located approximately 2,600 feet southeast of the site. The proposed use complies with SMC Section A, with regard to the separation requirement from schools, which decreases students potential exposure to social pressures on their way to and from school. According to the San Joaquin County Office of Education, there are no San Joaquin County Office of Education oneschools located in the vicinity of the project site. The proposed use, therefore, is not expected to have an adverse impact on students attending the noted schools and complies with the noted standard. Census Tract Concentration The project site is located in Census Tract Based on the population in that geographic area, ABC has determined that four (4) off-sale alcohol beverage establishments may be allowed in the census tract. There are currently three (3) off-sale alcohol establishments within this census tract, not including the applicant s requested alcohol license. The nearest off-sale alcohol establishment is City of Stockton Page 2 of 5 Printed on 3/2/ powered by Legistar

13 File #: , Version: 1 located at 537 West Harding Way (New Hi & Bye Market, Type 21 license), which is located approximately 1,500 feet southwest of the project site. The second off-sale establishment is located at 3215 Pacific Avenue (Save Mart Supermarket, Type 21 license), approximately 2,900 feet north of the subject site. The third active off-sale alcohol establishment is located at 1270 Country Club Boulevard (Ronnie s Market & Deli, Type 21 license), approximately 4,200 feet west of the site. With approval of the subject Use Permit and the subsequent issuance of a Type 21 license by ABC, a total of four (4) off-sale licenses would be located in the census tract (Attachment B - Locations of On-Sale and Off-Sale Active Alcoholic Beverage Licenses). Because a fourth (4th) Type 21 license within the census tract would not cause an over-concentration of such licenses, a finding of Public Convenience or Necessity (PCN) is not required to be made by the Planning Commission. Because the three (3) existing off-sale alcohol establishments are not located near the project site, the operation of a new mini-mart/deli at the subject location would allow area residents to purchase grocery items and/or alcohol within walking distance of their homes and reduce potential traffic-related impacts in the surrounding residential and commercial neighborhood. Problem Use Requirements The off-sale of alcoholic beverages is defined by the SMC as a Problem Use and additional findings must be made in order to approve the Use Permit. Those findings address the project's potential for blight or deterioration in the area and aid in dispersing the use to minimize any adverse impacts. The recommended Conditions of Approval require the business operator to install a video surveillance system, which would reduce crimes or similar impacts associated with the proposed use in the vicinity area of the project site. In addition, the applicant is proposing to install exterior lighting around the premises to provide a safe and well-lighted environment for his customers and area residents. Furthermore, the operator and employees involved in the sale of alcoholic beverages would be required by the recommended Conditions of Approval to participate in an ABC Licensing Education of Alcohol and Drugs (LEAD) training course. According to the Police Department s analysis of crime report statistics, the average number of crimes reported in all of the Citywide Crime Reporting Districts is 94. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 111, which exceeds the average by 18%. 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 not considered to be located in a high crime reporting district. The proposed use would comply with all applicable findings, including the General Findings included in SMC Section A and the Problem Uses Findings contained in SMC Section B. The former require the use to be consistent with the Development Code, maintain or strengthen the integrity and character of the neighborhood, be consistent with the General Plan, be proposed on a physically suitable site, not endanger public health and safety, be compatible with nearby land uses, and be in compliance with the California Environmental Quality Act (CEQA). The latter state that the use should not interfere with the comfortable enjoyment of life or property in the area and not encourage blight. As a result, the required Use Permit findings can be made in the affirmative. As such, staff recommends that the Planning Commission approve the Use Permit application to allow the off-sale of general alcoholic beverages in the proposed mini-mart/deli. Public Comments City of Stockton Page 3 of 5 Printed on 3/2/ powered by Legistar

14 File #: , Version: 1 On November 4 and December 9, 2015, respectively, staff received comments from the Stockton Unified School District and the Miracle Mile Improvement District in response to the project s application referral (Attachment C - Comments from Stockton Unified School District and Miracle Mile Improvement District). The school district and MMID raised the following concerns related to the operation of the proposed mini-mart/deli with the off-sale of general alcoholic beverages: The proposed use would increase the amount of loitering, panhandling, drunkenness, and illegal alcohol-related activities in the vicinity of the project site; The proposed use would attract customers who would buy alcohol from the store to consume on the street, in front of business, and in nearby parking lots; The sale of alcohol in the mini-mart/deli would potentially increase crimes in the area, thereby disrupting the livelihood of residents, tenants, and stakeholders in the vicinity of the project site; and The proposed use would increase pedestrian traffic and loitering in the vicinity of the subject site and at nearby schools if people choose to walk through the neighborhood when they leave the proposed mini-mart/deli. In addition, copies of the petitions (containing more than 250 signatures) that were submitted to ABC in response to its public notice requirement were given to Planning staff by an area resident (Attachment D- Public Petitions). The petitions addressed perceived concerns regarding the concentration of on-sale and off-sale alcohol businesses in the general neighborhood, the proximity of the proposed use to nearby schools, and the incompatibility of the proposed use with existing commercial and residential land uses in the area. At the Planning Commission s public meeting on February 11, 2016, a resident of the Miracle Mile neighborhood gave staff two articles regarding the relationship between violent crime and higher concentrations of alcohol outlets (Attachment E - Articles Regarding Crime and Alcohol Sales). ENVIRONMENTAL REVIEW Should the Planning Commission approve the subject Use Permit, the project would be categorically exempt, per California Environmental Quality Act (CEQA) Guidelines Section 15301, as the re-use of an existing structure. VOTES REQUIRED A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to take an action on this matter. Attachment A - Location Map and Aerial Photograph Attachment B - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses Attachment C - Comments from Stockton Unified School District and Miracle Mile Improvement District Attachment D - Public Petitions City of Stockton Page 4 of 5 Printed on 3/2/ powered by Legistar

15 File #: , Version: 1 Attachment E - Articles Regarding Crime and Alcohol Sales City of Stockton Page 5 of 5 Printed on 3/2/ powered by Legistar

16 Attachment A Project Site Project Site Location Map 16

17 Attachment B Project Site Off-sale alcoholic beverages On-sale alcoholic beverages Bar or night club Locations of On-Sale and Off-Sale Active Alcohol Licenses 17

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77 Resolution No. STOCKTON PLANNING COMMISSION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF STOCKTON APPROVING A USE PERMIT TO ALLOW THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN A PROPOSED MINI-MART/DELI AT 2001 PACIFIC AVENUE (P15-397) On October 20, 2015, the applicant, Manmohan Raghar, submitted a Use Permit application to allow the off-sale of general alcoholic beverages in a proposed minimart/deli in order to satisfy customer needs, for property located at 2001 Pacific Avenue; and 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 four (4) off-sale alcoholic beverage establishments are allowed within the Census Tract. There are currently three (3) active off-sale alcohol establishments within this Census Tract; and Approving the subject off-sale general alcoholic beverage use in a subject minimart/deli would not constitute an overconcentration of such licenses in the area, as defined by ABC regulations; and Approval of the Use Permit and the subsequent issuance of a Type 21 Alcohol License by ABC would not have the potential to result in adverse impacts upon the general health and welfare of the neighborhood, based upon the affirmative Findings for Decision; now, therefore, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF STOCKTON, AS FOLLOWS: 1. The Planning Commission hereby approves the request for a Use Permit to allow the off-sale of general alcoholic beverages in the subject mini-mart/deli at 2001 Pacific Avenue, based on the following general findings: a The subject use, a mini-mart/deli with the off-sale of general alcoholic beverages at 2001 Pacific Avenue ( Alcohol beverage sales, Off-Sale use type), is allowed in the CG (Commercial, General) zoning district with the approval of a Use Permit by the Planning Commission, per Stockton Municipal Code (SMC) ( the Development Code ) Section , Table 2-2. The subject use complies with all other applicable provisions of the Development Code, including those contained in SMC Section with regard to minimum separation from schools. The closest school is located approximately 750 feet 77

78 away from the project site, which decreases students potential exposure to social pressures on their way to and from school. b. The subject use, as conditioned, would maintain the integrity and character of the surrounding neighborhood, because the subject use would operate in an existing commercial building in the CG zoning district and be compatible with existing and future retail and office uses in the surrounding commercial district, as well as with the nearby residential neighborhood. c. The subject use, as conditioned, would be consistent with the general land uses, objectives, policies, and programs of the General Plan. The project site has a General Plan Land Use designation of Commercial. The use of the site as a mini-mart/deli with the off-sale of general alcoholic beverages is consistent with the following General Plan s policies: LU-4.1 The City shall encourage the upgrading, beautification, revitalization, and appropriate reuse of existing commercial areas and shopping centers. Reuse of the existing commercial building will result in the retention of its existing architectural character, which is compatible with commercial and office buildings in the area surrounding the project site; and LU-4.10 The City shall encourage the clustering of commercial uses and discourage the splitting of commercial clusters or centers by arterial roadways. The clustering of commercial uses will allow area residents to purchase merchandise within walking distance of their homes and reduce traffic congestion on neighborhood streets. d. The subject site is expected to be physically suitable for the type and density/intensity of the subject use, including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.), because the site is located within an established commercial building that is provided with adequate access and services and is not hindered by physical constraints. e. The establishment, maintenance, or operation of the subject use, at the location proposed and for the time period(s) identified, is not expected to endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the subject use, because the use is subject to conditions of approval that require a security surveillance video system, the installation of lighting around the premises, and required review periods for the approved Use Permit. f. The design, location, size, and operating characteristics of the subject use are expected to be compatible with existing and future land uses onsite and in the vicinity of the subject property, because the mini-mart/deli, classified 78

79 as a retail use in accordance with Table 2-2 (Allowable Land Uses and Permit Requirements) of the Development Code, is compatible with the other retail uses already in place in the vicinity of the subject use. The anticipated customer base, traffic patterns, noise levels, and general operational conditions of the minimart/deli are similar to those of adjacent commercial uses. g. The subject action is expected to be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines, because the project is categorically exempt pursuant to Section 15301, Class 1, of the CEQA Guidelines as a re-use of an existing structure. Problem Use Findings Alcoholic Beverage Sales, Off-Sale h. The subject use, as conditioned, is not expected to interfere with the comfortable enjoyment of life or property in the area, because the adopted Conditions of Approval require the operator to install a video surveillance system in the commercial building, thereby deterring and/or decreasing crime or similar impacts associated with problem uses in the vicinity of the project site. i. The subject use, as conditioned, is not expected to increase or encourage the deterioration or blighting of the area, because the use will be contained wholly within the existing commercial building and the required installation of security lighting around the perimeter will provide a safe and visible environment for the store s customers and area residents. The operator and employees involved in the sale of alcoholic beverages will be required, by the Conditions of Approval, to participate in a Licensing Education of Alcohol and Drugs (LEAD) training course offered by ABC, which includes the reduction of blight and deterioration. j. The subject use, as conditioned, is not expected to be contrary to any program of neighborhood conservation, improvement, or redevelopment plan, either residential or non-residential, because there is no City-sanctioned neighborhood conservation, improvement, or redevelopment program applicable to the project site or in the immediate area of the project site. 2. In accordance with SMC Section , the following Conditions of Approval are imposed to ensure compliance with the Findings of Approval for the Use Permit and Exhibit 1, including site and floor plans is attached for reference: Standard a. This Use Permit shall become effective following the completion of a ten-day appeal period after approval of the application in accordance with SMC C. 79

80 b. The business operator shall comply with all applicable Federal, State, County, and City codes, regulations, laws, and other adopted standards and pay all applicable fees. c. Compliance with these Conditions of Approval is mandatory. Failure to comply with these Conditions of Approval is unlawful and may constitute a public nuisance subject to the remedies and penalties identified in the SMC, including but not limited to, monetary fines, and revocation. e. This Use Permit shall be posted in a conspicuous place and shall be immediately made available to City personnel upon inspection of the premises. f. All signs shall be subject to approval by the Community Development Department. Specific g. All employees involved in the sale of alcoholic beverages shall complete LEAD training through the local office of ABC within six months of their hire date or within six months of the effective date of the Use Permit, whichever occurs later. ABC also maintains an approved list of other Responsible Beverage Service trainer courses that may be substituted for the LEAD training condition. h. The consumption or carrying of open containers of alcoholic beverages on the premises shall not be permitted. Signs advising patrons of this prohibition shall be posted adjacent to the front door inside of the building. i. Store windows shall be left unobstructed to allow interior surveillance of the premises during operating hours. No more than 20% of the windows may be covered by any form of temporary or permanent sign, poster, graphic, or lettering. j. Prior to the initiation of the subject use, a video surveillance system, with at least a seven-day continuous recording capability, shall be in place. Video recordings shall be archived for at least 30 days. The video surveillance system shall cover the entire exterior of the premises, including entrances to the building. k. Prior to the initiation of the subject use, exterior lighting around the premises shall be installed to provide a safe and visible environment for the store s customers and area residents. The lighting shall be fully shielded to prevent illumination or glare onto adjacent properties and rights-of-way. // l. The business operator shall monitor the area surrounding the minimart/deli to prevent patrons from congregating outside the premises and to prevent alcohol-related problems from the subject use. 80

81 // m. The Use Permit shall be subject to six-month and twelve-month reviews following the initiation of the subject use in the mini-mart/deli. PASSED, APPROVED, and ADOPTED March 10, AYES: NAYS: ABSENT: KEVIN HERNANDEZ, CHAIR City of Stockton Planning Commission ATTEST: DAVID KWONG, SECRETARY City of Stockton Planning Commission 81

82 Exhibit N Computer Repair Shop-N-Go #5 Bedford Road Pacific Avenue Site Pan 82

83 Exhibit 2001 Pacific Avenue Shop-N-Go #5 N Liquor Shelving Counter Walk-in Cooler Pacific Avenue Shelve Shelves Deli Food Counter Shelve Shelve BacK Door Bedford Road Floor Plan 83

84 City of Stockton Legislation Text File #: , Version: 1 REQUEST FOR A USE PERMIT TO ESTABLISH A PROPOSED LIQUOR STORE WITH THE OFF- SALE OF GENERAL ALCOHOLIC BEVERAGES AT 2700 COUNTRY CLUB BLVD (P ) RECOMMENDATION Staff recommends that the Planning Commission continue the Use Permit s public hearing to April 14, 2016, as per the request by the applicant s attorney (Attachment A - Letter of Continuance). Summary The applicant, Harry Shergill, is proposing to establish a liquor store with the off-sale of general alcoholic beverages 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 licensee 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 off-sale license in this area has the potential to increase crimes and other activities related to alcohol uses in this neighborhood and would likely result in an increase in calls for police services. As such, 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 Ryde Avenue in central Stockton. The overall shopping center is zoned CG (Commercial, General) and is bounded to the: City of Stockton Page 1 of 5 Printed on 3/2/ powered by Legistar

85 File #: , Version: 1 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 (Residential, High Density); east across Ryde Avenue and 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 B - 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 completed processing 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; however, it will not become effective until sixty (60) days after its approval (March 26, 2016). As a result, the subject Use Permit is being processed in accordance with applicable provisions of the current Development Code and the findings proposed for the Planning Commission s action are consistent with the current Code. However, with the continuance of the hearing, the new alcohol ordinance will be effective at the time of the continued hearing. For the Planning Commission s information and in accordance with SMC Section F.1. a. and b., even though the new alcohol ordinance will be in effect at the time of the continued hearing, the subject Use Permit may be processed according to the requirements in effect when the application was accepted as complete, as long as it is acted upon within 90 days of the adoption of the new alcohol ordinance (April 26, 2016). The Planning Commission may, however, process the Use Permit in accordance with the new alcohol ordinance if it determines that it is necessary to apply new development standards to the project to ensure public health, safety, welfare, and orderly development. 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 City of Stockton Page 2 of 5 Printed on 3/2/ powered by Legistar

86 File #: , Version: 1 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. His intention is to transfer that license to the subject site, if the subject Use Permit for the proposed liquor store is approved 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 overconcentrated 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. Another off-sale alcohol business (Safeway) is located in the southwest corner of the shopping center in which the proposed liquor store is located (Attachment C - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses). In staff s judgment, the neighborhood is already served by a sufficient number of alcohol establishments and any additional off-sale alcohol business at this location 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. Proximity to Schools 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 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 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 complies with SMC Section A with regard to the minimum required separation from schools. Although the proposed use complies with the noted minimum separation requirement from schools, approval of the Use Permit to allow the issuance of an additional off-sale alcohol license by ABC has the potential to adversely affect students. Specifically, students could face increased exposure to social pressures on their way to and from school from the proposed offsale alcohol use, as well as the existing on-sale and off-sale alcoholic beverage uses in the area. Adding another alcoholic beverage establishment in the area would exacerbate existing problems in the neighborhood and could increase transient traffic in the surrounding areas, thus increasing the need for monitoring to maintain a safe environment for students. Problem Use There are seven required general findings in 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 SMC Section B. City of Stockton Page 3 of 5 Printed on 3/2/ powered by Legistar

87 File #: , Version: 1 In accordance with 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 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 crime report statistics, the average number of crimes reported in all of the Citywide Crime Reporting Districts is 94. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 162, which exceeds the average by 72%. 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. 2. The proposed use will increase or encourage the deterioration or blight of the area. The larger area surrounding the subject site contains twenty-three (23) on-sale and off-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 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 required Findings for Problem Use cannot be made in the affirmative, because an additional outlet would have 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. 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 D - 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. Adding another off-sale alcohol establishment could City of Stockton Page 4 of 5 Printed on 3/2/ powered by Legistar

88 File #: , Version: 1 potentially increase crimes and other illegal activities related to alcohol use in the neighborhood. Staff also received one letter 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 support the proposed use in the shopping center (Attachment E -Letter of Support and Public Petitions). 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 - Letter of Continuance Attachment B - Location Map and Aerial Photograph Attachment C - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses Attachment D - Letters of Opposition Attachment E - Letter of Support and Public Petition City of Stockton Page 5 of 5 Printed on 3/2/ powered by Legistar

89 Attachment A 89

90 Project Site Location Map 90

91 Project Site Aerial Photograph 91

92 Project Site On-sale Alcohol Off-sale Alcohol Bar Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licen 92

93 Attachment D V 93

94 Attachment D 94

95 Attachment D 95

96 Attachment D 96

97 Attachment D 97

98 Attachment D 98

99 Attachment D 99

100 Attachment D 100

101 Attachment E 101

102 Attachment E 102

103 Attachment E 103

104 Attachment E 104

105 Resolution No. STOCKTON PLANNING COMMISSION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF STOCKTON DENYING A USE PERMIT TO ESTABLISH A PROPOSED LIQUOR STORE WITH THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES 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 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, illegal activities, drunkenness, and encouraging deterioration or blight in the area; 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 liquor store with the off-sale of general alcoholic beverages (see Exhibit 1 - Site and Floor), based on the following general Use Permit 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 nearby 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 could potentially increase illegal activities associated with alcohol sales. Further, allowing the proposed use in the existing shopping center has the potential to increase crimerelated activities in the area and result in additional demands for police services. 105

106 b. The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, 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. Problem Findings Alcoholic Beverage Sales (Off-Sale) is considered a Problem Use and is subject to the additional findings contained in SMC Section B. The noted section, in turn, refers to the following specific criteria in SMC Section that must be considered by the review authority before a Use Permit for a Problem Use can be approved: 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; 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. 106

107 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, alcoholrelated 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 crime report statistics, the average number of crimes reported in all of the Citywide Crime Reporting Districts is 94. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 162, which is 72% above the Citywide 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. 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 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 107

108 establishment could actually be contrary to the goals of conservation, improvement, and redevelopment of the area in general, 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 March 10, AYES: NAYS: ABSENT: KEVIN HERNANDEZ, CHAIR City of Stockton Planning Commission ATTEST: DAVID KWONG, SECRETARY City of Stockton Planning Commission 108

109 Exhibit 1 109

110 Exhibit 1 110

111 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; 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, in accordance with the Findings for Decision detailed herein (P ). 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 elementary 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 City of Stockton Page 1 of 7 Printed on 3/2/ powered by Legistar

112 File #: , Version: 1 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. 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. As the Planning Commission is aware, the Planning Division recently completed processing 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; however, it will not City of Stockton Page 2 of 7 Printed on 3/2/ powered by Legistar

113 File #: , Version: 1 become effective until 60 days after its approval (March 26, 2016). As a result, the subject Use Permit is being processed in accordance with applicable provisions of the current Development Code and the findings proposed for the City Council s action are consistent with the current Code. Proximity to Schools 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, is located approximately 100 feet northeast of the project site. Variance The applicant submitted the Variance application to request a reduction of the 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 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 conditions applicable to the site or to the intended use of the site that distinguish it from other properties 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 City of Stockton Page 3 of 7 Printed on 3/2/ powered by Legistar

114 File #: , Version: 1 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. 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, such as rivers, levees, or an irregular shape, that distinguishes it from nearby parcels with CG zoning. 4. Granting the variance would: 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 City of Stockton Page 4 of 7 Printed on 3/2/ powered by Legistar

115 File #: , Version: 1 f. Be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines. Census Tract 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 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 twelve (12) existing off-sale alcohol outlets. Nine (9) of the twelve (12) 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 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. City of Stockton Page 5 of 7 Printed on 3/2/ powered by Legistar

116 File #: , Version: 1 Additionally, an off-sale alcoholic beverage establishment constitutes a Problem Use and, as such, requires three additional findings, pursuant to 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/mini marts and liquor stores. 2. The proposed use will increase or encourage the deterioration or blighting of the area. According to the Police Department s crime report statistics, the average number of crimes reported in all of the Citywide Crime Reporting Districts is 94. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 93, which is slightly below the average of crimes reported Citywide. Although the project site is not located in a High Crime Reporting District, there are already twelve (12) existing 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 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 off-sale alcohol establishment will be contrary to the conservation, improvement, and redevelopment of the area in general, 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, approval of the Variance would represent a granting of special privilege that would be City of Stockton Page 6 of 7 Printed on 3/2/ powered by Legistar

117 File #: , Version: 1 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 (Attachment C - Letter from Stockton Unified School District). 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 City of Stockton Page 7 of 7 Printed on 3/2/ powered by Legistar

118 Project Site Location Map 118

119 Roosevelt Elementary School Crossroads of the Valley Church Project Site Aerial Photograph 119

120 Project Site Locations of On-Sale and Off-sale Active Alcoholic Beverages 120

121 Attachment C 121

122 Resolution No. STOCKTON PLANNING COMMISSION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF STOCKTON DENYING A USE PERMIT REQUEST 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 (P15-420) The applicant, Manpreet Singh, submitted an application 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 allow the reduction of the required minimum 300-foot separation requirement between an existing mini-mart with the proposed off-sale of beer and wine and an academic school, for property located at 3440 East Main Street; and Approval of the proposed off-sale of beer and wine use on the subject site would have the potential to create an unsafe environment for the students, teachers, and surrounding residents, and result in illegal activities related to alcohol use and encourage deterioration or blight in the area; and Granting a Variance to reduce the minimum separation requirement between the proposed off-sale alcohol establishment and the school would result in the granting of a special privilege inconsistent with the limitations on other properties in the same zoning district; and The surrounding neighborhood is already served by 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, illegal activities, and 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 Variance to reduce the minimum 300-foot separation requirement between a mini-mart with the offsale of beer and wine and an academic school, based on the following findings: 122

123 a. Special Circumstances - 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, because it has the same general physical characteristics and zoning as nearby parcels. The requested Variance application was submitted solely for the applicant to be able to provide alcohol sales to his customers and compete with the other retail stores in the area that already have the off-sale of alcohol. Therefore, enforcement of the required 300-foot minimum separation does not deny the applicant privileges enjoyed by other property owners in the vicinity of the project site. b. Exceptional Circumstances - There are no distinctive or exceptional circumstances or conditions applicable to the site or to the intended use of the site that distinguish it from other properties with the same zoning designation, because 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. c. Physically Suitable The subject site is not physically suitable for the proposed Variance, because the site, like the other parcels that surround it, is essentially flat and has no distinctive physical features, such as rivers, levees, or an irregular shape that distinguishes it from nearby parcels with CG zoning. d. All of the following circumstances must exist in order to grant the variance: (a) (b) (c) 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; 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; Not constitute a granting of special privilege inconsistent with the limitations on other properties classified in the same zoning district; 123

124 (d) (e) (f) Not authorize a use or activity which is not otherwise expressly authorized by the zoning district regulations governing the subject property; 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 Be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines. The proposed use cannot meet the noted criteria, because granting the Variance would authorize a use that would not be permitted for other CGzoned parcels within 300 feet of the nearby school. Approval of the Variance would represent the granting of a 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 ). 2. The Planning Commission hereby denies the request for a Use Permit to allow the off-sale of beer and wine in the existing mini-mart with gasoline sales (see Exhibit 1 - Site and Floor Plans), based on the following 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 nearby residential and commercial neighborhoods. There are twelve (12) existing off-sale alcohol establishments in the vicinity of the subject site and the addition of another off-sale alcohol establishment could potentially increase illegal activities associated with alcohol sales. Further, allowing the offsale of beer and wine in the subject mini-mart has the potential to increase crimerelated 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, if applicable, would endanger, jeopardize, or otherwise constitute a hazard to the public convenience, 124

125 health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, because the proposed use is a potentially detrimental use that has the potential to adversely affect, endanger, or jeopardize the public convenience, health, interest, safety, or general welfare of persons residing or working in vicinity area of the project site, due to possible additional calls for police services related to illegal activities from alcohol sales including noise, public drunkenness, vandalism, and panhandling and thereby placing 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 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. Problem Use Findings Alcoholic Beverage Sales (Off-Sale) is considered a Problem Use and is subject to the additional findings contained in SMC Section B. These findings are subject to the following criteria from SMC , which are to be considered by the review authority before a Use Permit for a Problem Use can be approved: 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; 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. Approving the subject Use Permit and granting an additional off-sale general alcohol license in this area would increase the number of Problem Uses in the 125

126 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, alcoholrelated 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 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 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 would be dedicated to the sale, display, and/or storage of alcohol; however, that restriction is not intended to reduce offsite impacts, but is simply a way to differentiate between two similar land uses: convenience stores/mini-marts and liquor stores. b. The proposed use will increase or encourage the deterioration or blighting of the area. According to the Police Department s crime report statistics, the average number of crimes reported in all of the Citywide Crime Reporting Districts is 94. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 93, which is slightly below the average of crimes reported Citywide. Although the project site is not located in a High Crime Reporting District, there are already twelve (12) existing 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 blighting 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 off-sale alcohol establishment will be contrary to the conservation, improvement, and redevelopment of the area in general, because such establishments have the 126

127 potential to increase alcohol-related illegal activities, which would adversely affect the quality of life for area residents. PASSED, APPROVED, and ADOPTED March 10, AYES: NAYS: ABSENT: ATTEST: KEVIN HERNANDEZ, CHAIR City of Stockton Planning Commission DAVID KWONG, SECRETARY City of Stockton Planning Commission 127

128 N Gas Pumps Mini-mart Site Plan 128

129 N Cashier Counter Retail Shelves Retail Shelves Walker-in Cooler Floor Plan 129

130 City of Stockton Legislation Text File #: , Version: CITY OF STOCKTON PLANNING COMMISSION TRAINING PROGRAM PRESENTED BY INSTITUTE FOR LOCAL GOVERNMENT SUBJECT: California Environmental Quality Act (CEQA) City of Stockton Page 1 of 1 Printed on 3/2/2016 powered by Legistar 130

131 City of Stockton Stockton Planning Commission Meeting Agenda - Draft 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, March 10, :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 February 11, 2016 Planning Commission meeting. Department: Attachments: Community Development Attachment A February 11 Planning Commission Minutes 4. PUBLIC COMMENT* 5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN A PROPOSED MINI-MART/DELI AT 2001 PACIFIC AVENUE (p15-397) Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution approving a Use Permit to allow the off-sale of general alcoholic beverages in a proposed mini-mart/deli at 2001 Pacific Avenue (APN ), in accordance with the Findings for Decision and Conditions of Approval detailed herein (Use Permit No. P15-397). Department: Community Development City of Stockton Page 1 Printed on 3/2/

132 Planning Commission Meeting Agenda - Draft March 10, 2016 Attachments: Attachment A - Location Map and Aerial Photograph Attachment B - Locations of On-Sale and Off-Sale Alcoholic Beverage Licenses Attachment C - Comments from Stockton Unified School and Miracle Mile Impro Attachment D - Public Petitions Attachment E -Articles Regarding Crime and Alcohol Sales Proposed Resolution Exhibit 1- Site and Floor Plans REQUEST FOR A USE PERMIT TO ESTABLISH A PROPOSED LIQUOR STORE WITH THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES AT 2700 COUNTRY CLUB BLVD (P ) Recommended Action: RECOMMENDATION Staff recommends that the Planning Commission continue the Use Permit's public hearing to April 14, 2016, as per the request by the applicant's attorney (Attachment A - Letter of Continuance). Department: Attachments: Community Development Attachment A - Letter of Continuance Attachment B - Location Map and Aerial Photograph Attachment C - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Lic Attachment D - Letters of Opposition Attachment E - 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; 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, in accordance with the Findings for Decision detailed herein (P ). Department: Public Works City of Stockton Page 2 Printed on 3/2/

133 Planning Commission Meeting Agenda - Draft March 10, 2016 Attachments: Attachment A - Location Map and Aerial Photograph Attachmemt B - Locations of Active On-Sale and Off-Sale Active Alcoholic Beve Attachment C - Letter from Stockton Unified School District Proposed Resolution Exhibit 1 - Site and Floor Plans 6. NEW BUSINESS* 7. UNFINISHED BUSINESS 8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS CITY OF STOCKTON PLANNING COMMISSION TRAINING PROGRAM PRESENTED BY INSTITUTE FOR LOCAL GOVERNMENT Department: Community Development 9. COMMISSIONERS COMMENTS 10. ADJOURNMENT City of Stockton Page 3 Printed on 3/2/

134 Planning Commission Meeting Agenda - Draft March 10, 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 City of Stockton Page 4 Printed on 3/2/

135 Planning Commission Meeting Agenda - Draft March 10, 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. City of Stockton Page 5 Printed on 3/2/

136 City of Stockton Legislation Text File #: , Version: 1 APPROVAL OF PLANNING COMMISSION MINUTES RECOMMENDATION Approval for filing minutes of the February 11, 2016 Planning Commission meeting. Attachment A February 11 Planning Commission Minutes City of Stockton Page 1 of 1 Printed on 3/2/ powered by Legistar

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141 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 MINI-MART/DELI AT 2001 PACIFIC AVENUE (P15-397) RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution approving a Use Permit to allow the off-sale of general alcoholic beverages in a proposed mini-mart/deli at 2001 Pacific Avenue (APN ), in accordance with the Findings for Decision and Conditions of Approval detailed herein (Use Permit No. P15-397). Summary The applicant, Manmohan Raghar, is requesting a Use Permit to allow the off-sale of general alcoholic beverages in a proposed mini-mart/deli at the northwest corner of Pacific Avenue and Bedford Road (the Miracle Mile Improvement District (MMID)). In accordance with regulations administered by the State Department of Alcoholic Beverage Control (ABC), the project site is located in Census Tract 12.00, which is permitted to have four off-sale alcohol licenses, based on the population in the census tract. There are currently three active off-sale alcohol licenses in the census tract. Approval of a fourth off-sale alcohol license would not result in an overconcentration of such licenses in this census tract. In addition, the proposed use complies with applicable provisions of Stockton Municipal Code (SMC) Section , with regard to separation of off-sale alcohol uses from schools, and is not located in a high crime reporting district. DISCUSSION Background The approximately 0.08-acre site is located at the northwest corner of Pacific Avenue and Bedford Road in central Stockton. The neighborhood surrounding the subject site is comprised of a variety of land uses. Generally, the area is developed with single-family homes, duplexes, triplexes, and commercial uses. The latter are primarily located along both sides of Pacific Avenue. The site is occupied by an approximately 2,800-square foot commercial building. The proposed 1,500-square foot mini-mart/deli will be located in a vacant suite in the southern end of the building. The remaining 1,300 square feet of the building is currently occupied by a computer repair shop. The site is zoned CG (Commercial, General) and is bounded to the: north by a spa and boutique shop zoned CG; east across Pacific Avenue by various retail uses zoned CG; south across Bedford Road by a retail store (Tap Plastics) zoned CG; and west by an office zoned CG (Attachment A - Location Map and Aerial Photograph). City of Stockton Page 1 of 5 Printed on 3/2/ powered by Legistar

142 File #: , Version: 1 Project Description The applicant recently leased the subject site and is requesting a Use Permit to allow the operation of a new mini-mart/deli with the off-sale of general alcoholic beverages (Shop N Go, #5, ABC Type 21 - Off-Sale General Alcoholic Beverage license) to satisfy his customers needs. 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 minimart/deli would not have more than 20% of its gross floor area devoted to the sale, display, and/or storage of alcohol. As a result, the business is defined as a mini-mart by the Development Code. According to the applicant, high-end wines and spirits would be sold in the store and displayed in a cabinet behind the counter in the northeast corner of the store. Beer and wine would be displayed in a walk-in cooler in the southwest corner of the business. In addition to alcoholic beverages, the applicant would sell deli products, such as sandwiches, burritos, and hot dogs, as well as other merchandise, including dairy products, chips, snacks, candies, and bottled/canned beverages. The proposed hours of operation for the mini-mart/deli would be from 7 a.m. to 10 p.m., seven days a week. The applicant has stated that he would establish a good relationship with the community and the Police Department and would attend monthly meetings of the MMID. As the Planning Commission is aware, 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; however, it will not become effecting until 60 days after its approval (March 26, 2016). As a result, the subject Use Permit is being processed in accordance with applicable provisions of the current Development Code and the findings proposed for the Planning Commission s action are consistent with the current Development Code. Proximity to Schools SMC Section A requires a minimum separation of 300 feet between an establishment with the off-sale of alcoholic beverages and a public or private academic school for students in kindergarten through 12th grade. The nearest schools, El Dorado Elementary School and Stockton Adult School, are located approximately 750 feet south side of the project site. In addition, Stockton Unified School District s Early College Academy is located approximately 2,600 feet southeast of the site. The proposed use complies with SMC Section A, with regard to the separation requirement from schools, which decreases students potential exposure to social pressures on their way to and from school. According to the San Joaquin County Office of Education, there are no San Joaquin County Office of Education oneschools located in the vicinity of the project site. The proposed use, therefore, is not expected to have an adverse impact on students attending the noted schools and complies with the noted standard. Census Tract Concentration The project site is located in Census Tract Based on the population in that geographic area, ABC has determined that four (4) off-sale alcohol beverage establishments may be allowed in the census tract. There are currently three (3) off-sale alcohol establishments within this census tract, not including the applicant s requested alcohol license. The nearest off-sale alcohol establishment is City of Stockton Page 2 of 5 Printed on 3/2/ powered by Legistar

143 File #: , Version: 1 located at 537 West Harding Way (New Hi & Bye Market, Type 21 license), which is located approximately 1,500 feet southwest of the project site. The second off-sale establishment is located at 3215 Pacific Avenue (Save Mart Supermarket, Type 21 license), approximately 2,900 feet north of the subject site. The third active off-sale alcohol establishment is located at 1270 Country Club Boulevard (Ronnie s Market & Deli, Type 21 license), approximately 4,200 feet west of the site. With approval of the subject Use Permit and the subsequent issuance of a Type 21 license by ABC, a total of four (4) off-sale licenses would be located in the census tract (Attachment B - Locations of On-Sale and Off-Sale Active Alcoholic Beverage Licenses). Because a fourth (4th) Type 21 license within the census tract would not cause an over-concentration of such licenses, a finding of Public Convenience or Necessity (PCN) is not required to be made by the Planning Commission. Because the three (3) existing off-sale alcohol establishments are not located near the project site, the operation of a new mini-mart/deli at the subject location would allow area residents to purchase grocery items and/or alcohol within walking distance of their homes and reduce potential traffic-related impacts in the surrounding residential and commercial neighborhood. Problem Use Requirements The off-sale of alcoholic beverages is defined by the SMC as a Problem Use and additional findings must be made in order to approve the Use Permit. Those findings address the project's potential for blight or deterioration in the area and aid in dispersing the use to minimize any adverse impacts. The recommended Conditions of Approval require the business operator to install a video surveillance system, which would reduce crimes or similar impacts associated with the proposed use in the vicinity area of the project site. In addition, the applicant is proposing to install exterior lighting around the premises to provide a safe and well-lighted environment for his customers and area residents. Furthermore, the operator and employees involved in the sale of alcoholic beverages would be required by the recommended Conditions of Approval to participate in an ABC Licensing Education of Alcohol and Drugs (LEAD) training course. According to the Police Department s analysis of crime report statistics, the average number of crimes reported in all of the Citywide Crime Reporting Districts is 94. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 111, which exceeds the average by 18%. 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 not considered to be located in a high crime reporting district. The proposed use would comply with all applicable findings, including the General Findings included in SMC Section A and the Problem Uses Findings contained in SMC Section B. The former require the use to be consistent with the Development Code, maintain or strengthen the integrity and character of the neighborhood, be consistent with the General Plan, be proposed on a physically suitable site, not endanger public health and safety, be compatible with nearby land uses, and be in compliance with the California Environmental Quality Act (CEQA). The latter state that the use should not interfere with the comfortable enjoyment of life or property in the area and not encourage blight. As a result, the required Use Permit findings can be made in the affirmative. As such, staff recommends that the Planning Commission approve the Use Permit application to allow the off-sale of general alcoholic beverages in the proposed mini-mart/deli. Public Comments City of Stockton Page 3 of 5 Printed on 3/2/ powered by Legistar

144 File #: , Version: 1 On November 4 and December 9, 2015, respectively, staff received comments from the Stockton Unified School District and the Miracle Mile Improvement District in response to the project s application referral (Attachment C - Comments from Stockton Unified School District and Miracle Mile Improvement District). The school district and MMID raised the following concerns related to the operation of the proposed mini-mart/deli with the off-sale of general alcoholic beverages: The proposed use would increase the amount of loitering, panhandling, drunkenness, and illegal alcohol-related activities in the vicinity of the project site; The proposed use would attract customers who would buy alcohol from the store to consume on the street, in front of business, and in nearby parking lots; The sale of alcohol in the mini-mart/deli would potentially increase crimes in the area, thereby disrupting the livelihood of residents, tenants, and stakeholders in the vicinity of the project site; and The proposed use would increase pedestrian traffic and loitering in the vicinity of the subject site and at nearby schools if people choose to walk through the neighborhood when they leave the proposed mini-mart/deli. In addition, copies of the petitions (containing more than 250 signatures) that were submitted to ABC in response to its public notice requirement were given to Planning staff by an area resident (Attachment D- Public Petitions). The petitions addressed perceived concerns regarding the concentration of on-sale and off-sale alcohol businesses in the general neighborhood, the proximity of the proposed use to nearby schools, and the incompatibility of the proposed use with existing commercial and residential land uses in the area. At the Planning Commission s public meeting on February 11, 2016, a resident of the Miracle Mile neighborhood gave staff two articles regarding the relationship between violent crime and higher concentrations of alcohol outlets (Attachment E - Articles Regarding Crime and Alcohol Sales). ENVIRONMENTAL REVIEW Should the Planning Commission approve the subject Use Permit, the project would be categorically exempt, per California Environmental Quality Act (CEQA) Guidelines Section 15301, as the re-use of an existing structure. VOTES REQUIRED A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to take an action on this matter. Attachment A - Location Map and Aerial Photograph Attachment B - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses Attachment C - Comments from Stockton Unified School District and Miracle Mile Improvement District Attachment D - Public Petitions City of Stockton Page 4 of 5 Printed on 3/2/ powered by Legistar

145 File #: , Version: 1 Attachment E - Articles Regarding Crime and Alcohol Sales City of Stockton Page 5 of 5 Printed on 3/2/ powered by Legistar

146 Attachment A Project Site Project Site Location Map 146

147 Attachment B Project Site Off-sale alcoholic beverages On-sale alcoholic beverages Bar or night club Locations of On-Sale and Off-Sale Active Alcohol Licenses 147

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206 Attachment E 206

207 Resolution No. STOCKTON PLANNING COMMISSION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF STOCKTON APPROVING A USE PERMIT TO ALLOW THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN A PROPOSED MINI-MART/DELI AT 2001 PACIFIC AVENUE (P15-397) On October 20, 2015, the applicant, Manmohan Raghar, submitted a Use Permit application to allow the off-sale of general alcoholic beverages in a proposed minimart/deli in order to satisfy customer needs, for property located at 2001 Pacific Avenue; and 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 four (4) off-sale alcoholic beverage establishments are allowed within the Census Tract. There are currently three (3) active off-sale alcohol establishments within this Census Tract; and Approving the subject off-sale general alcoholic beverage use in a subject minimart/deli would not constitute an overconcentration of such licenses in the area, as defined by ABC regulations; and Approval of the Use Permit and the subsequent issuance of a Type 21 Alcohol License by ABC would not have the potential to result in adverse impacts upon the general health and welfare of the neighborhood, based upon the affirmative Findings for Decision; now, therefore, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF STOCKTON, AS FOLLOWS: 1. The Planning Commission hereby approves the request for a Use Permit to allow the off-sale of general alcoholic beverages in the subject mini-mart/deli at 2001 Pacific Avenue, based on the following general findings: a The subject use, a mini-mart/deli with the off-sale of general alcoholic beverages at 2001 Pacific Avenue ( Alcohol beverage sales, Off-Sale use type), is allowed in the CG (Commercial, General) zoning district with the approval of a Use Permit by the Planning Commission, per Stockton Municipal Code (SMC) ( the Development Code ) Section , Table 2-2. The subject use complies with all other applicable provisions of the Development Code, including those contained in SMC Section with regard to minimum separation from schools. The closest school is located approximately 750 feet 207

208 away from the project site, which decreases students potential exposure to social pressures on their way to and from school. b. The subject use, as conditioned, would maintain the integrity and character of the surrounding neighborhood, because the subject use would operate in an existing commercial building in the CG zoning district and be compatible with existing and future retail and office uses in the surrounding commercial district, as well as with the nearby residential neighborhood. c. The subject use, as conditioned, would be consistent with the general land uses, objectives, policies, and programs of the General Plan. The project site has a General Plan Land Use designation of Commercial. The use of the site as a mini-mart/deli with the off-sale of general alcoholic beverages is consistent with the following General Plan s policies: LU-4.1 The City shall encourage the upgrading, beautification, revitalization, and appropriate reuse of existing commercial areas and shopping centers. Reuse of the existing commercial building will result in the retention of its existing architectural character, which is compatible with commercial and office buildings in the area surrounding the project site; and LU-4.10 The City shall encourage the clustering of commercial uses and discourage the splitting of commercial clusters or centers by arterial roadways. The clustering of commercial uses will allow area residents to purchase merchandise within walking distance of their homes and reduce traffic congestion on neighborhood streets. d. The subject site is expected to be physically suitable for the type and density/intensity of the subject use, including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.), because the site is located within an established commercial building that is provided with adequate access and services and is not hindered by physical constraints. e. The establishment, maintenance, or operation of the subject use, at the location proposed and for the time period(s) identified, is not expected to endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the subject use, because the use is subject to conditions of approval that require a security surveillance video system, the installation of lighting around the premises, and required review periods for the approved Use Permit. f. The design, location, size, and operating characteristics of the subject use are expected to be compatible with existing and future land uses onsite and in the vicinity of the subject property, because the mini-mart/deli, classified 208

209 as a retail use in accordance with Table 2-2 (Allowable Land Uses and Permit Requirements) of the Development Code, is compatible with the other retail uses already in place in the vicinity of the subject use. The anticipated customer base, traffic patterns, noise levels, and general operational conditions of the minimart/deli are similar to those of adjacent commercial uses. g. The subject action is expected to be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines, because the project is categorically exempt pursuant to Section 15301, Class 1, of the CEQA Guidelines as a re-use of an existing structure. Problem Use Findings Alcoholic Beverage Sales, Off-Sale h. The subject use, as conditioned, is not expected to interfere with the comfortable enjoyment of life or property in the area, because the adopted Conditions of Approval require the operator to install a video surveillance system in the commercial building, thereby deterring and/or decreasing crime or similar impacts associated with problem uses in the vicinity of the project site. i. The subject use, as conditioned, is not expected to increase or encourage the deterioration or blighting of the area, because the use will be contained wholly within the existing commercial building and the required installation of security lighting around the perimeter will provide a safe and visible environment for the store s customers and area residents. The operator and employees involved in the sale of alcoholic beverages will be required, by the Conditions of Approval, to participate in a Licensing Education of Alcohol and Drugs (LEAD) training course offered by ABC, which includes the reduction of blight and deterioration. j. The subject use, as conditioned, is not expected to be contrary to any program of neighborhood conservation, improvement, or redevelopment plan, either residential or non-residential, because there is no City-sanctioned neighborhood conservation, improvement, or redevelopment program applicable to the project site or in the immediate area of the project site. 2. In accordance with SMC Section , the following Conditions of Approval are imposed to ensure compliance with the Findings of Approval for the Use Permit and Exhibit 1, including site and floor plans is attached for reference: Standard a. This Use Permit shall become effective following the completion of a ten-day appeal period after approval of the application in accordance with SMC C. 209

210 b. The business operator shall comply with all applicable Federal, State, County, and City codes, regulations, laws, and other adopted standards and pay all applicable fees. c. Compliance with these Conditions of Approval is mandatory. Failure to comply with these Conditions of Approval is unlawful and may constitute a public nuisance subject to the remedies and penalties identified in the SMC, including but not limited to, monetary fines, and revocation. e. This Use Permit shall be posted in a conspicuous place and shall be immediately made available to City personnel upon inspection of the premises. f. All signs shall be subject to approval by the Community Development Department. Specific g. All employees involved in the sale of alcoholic beverages shall complete LEAD training through the local office of ABC within six months of their hire date or within six months of the effective date of the Use Permit, whichever occurs later. ABC also maintains an approved list of other Responsible Beverage Service trainer courses that may be substituted for the LEAD training condition. h. The consumption or carrying of open containers of alcoholic beverages on the premises shall not be permitted. Signs advising patrons of this prohibition shall be posted adjacent to the front door inside of the building. i. Store windows shall be left unobstructed to allow interior surveillance of the premises during operating hours. No more than 20% of the windows may be covered by any form of temporary or permanent sign, poster, graphic, or lettering. j. Prior to the initiation of the subject use, a video surveillance system, with at least a seven-day continuous recording capability, shall be in place. Video recordings shall be archived for at least 30 days. The video surveillance system shall cover the entire exterior of the premises, including entrances to the building. k. Prior to the initiation of the subject use, exterior lighting around the premises shall be installed to provide a safe and visible environment for the store s customers and area residents. The lighting shall be fully shielded to prevent illumination or glare onto adjacent properties and rights-of-way. // l. The business operator shall monitor the area surrounding the minimart/deli to prevent patrons from congregating outside the premises and to prevent alcohol-related problems from the subject use. 210

211 // m. The Use Permit shall be subject to six-month and twelve-month reviews following the initiation of the subject use in the mini-mart/deli. PASSED, APPROVED, and ADOPTED March 10, AYES: NAYS: ABSENT: KEVIN HERNANDEZ, CHAIR City of Stockton Planning Commission ATTEST: DAVID KWONG, SECRETARY City of Stockton Planning Commission 211

212 Exhibit N Computer Repair Shop-N-Go #5 Bedford Road Pacific Avenue Site Pan 212

213 Exhibit 2001 Pacific Avenue Shop-N-Go #5 N Liquor Shelving Counter Walk-in Cooler Pacific Avenue Shelve Shelves Deli Food Counter Shelve Shelve BacK Door Bedford Road Floor Plan 213

214 City of Stockton Legislation Text File #: , Version: 1 REQUEST FOR A USE PERMIT TO ESTABLISH A PROPOSED LIQUOR STORE WITH THE OFF- SALE OF GENERAL ALCOHOLIC BEVERAGES AT 2700 COUNTRY CLUB BLVD (P ) RECOMMENDATION Staff recommends that the Planning Commission continue the Use Permit s public hearing to April 14, 2016, as per the request by the applicant s attorney (Attachment A - Letter of Continuance). Summary The applicant, Harry Shergill, is proposing to establish a liquor store with the off-sale of general alcoholic beverages 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 licensee 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 off-sale license in this area has the potential to increase crimes and other activities related to alcohol uses in this neighborhood and would likely result in an increase in calls for police services. As such, 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 Ryde Avenue in central Stockton. The overall shopping center is zoned CG (Commercial, General) and is bounded to the: City of Stockton Page 1 of 5 Printed on 3/2/ powered by Legistar

215 File #: , Version: 1 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 (Residential, High Density); east across Ryde Avenue and 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 B - 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 completed processing 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; however, it will not become effective until sixty (60) days after its approval (March 26, 2016). As a result, the subject Use Permit is being processed in accordance with applicable provisions of the current Development Code and the findings proposed for the Planning Commission s action are consistent with the current Code. However, with the continuance of the hearing, the new alcohol ordinance will be effective at the time of the continued hearing. For the Planning Commission s information and in accordance with SMC Section F.1. a. and b., even though the new alcohol ordinance will be in effect at the time of the continued hearing, the subject Use Permit may be processed according to the requirements in effect when the application was accepted as complete, as long as it is acted upon within 90 days of the adoption of the new alcohol ordinance (April 26, 2016). The Planning Commission may, however, process the Use Permit in accordance with the new alcohol ordinance if it determines that it is necessary to apply new development standards to the project to ensure public health, safety, welfare, and orderly development. 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 City of Stockton Page 2 of 5 Printed on 3/2/ powered by Legistar

216 File #: , Version: 1 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. His intention is to transfer that license to the subject site, if the subject Use Permit for the proposed liquor store is approved 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 overconcentrated 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. Another off-sale alcohol business (Safeway) is located in the southwest corner of the shopping center in which the proposed liquor store is located (Attachment C - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses). In staff s judgment, the neighborhood is already served by a sufficient number of alcohol establishments and any additional off-sale alcohol business at this location 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. Proximity to Schools 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 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 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 complies with SMC Section A with regard to the minimum required separation from schools. Although the proposed use complies with the noted minimum separation requirement from schools, approval of the Use Permit to allow the issuance of an additional off-sale alcohol license by ABC has the potential to adversely affect students. Specifically, students could face increased exposure to social pressures on their way to and from school from the proposed offsale alcohol use, as well as the existing on-sale and off-sale alcoholic beverage uses in the area. Adding another alcoholic beverage establishment in the area would exacerbate existing problems in the neighborhood and could increase transient traffic in the surrounding areas, thus increasing the need for monitoring to maintain a safe environment for students. Problem Use There are seven required general findings in 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 SMC Section B. City of Stockton Page 3 of 5 Printed on 3/2/ powered by Legistar

217 File #: , Version: 1 In accordance with 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 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 crime report statistics, the average number of crimes reported in all of the Citywide Crime Reporting Districts is 94. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 162, which exceeds the average by 72%. 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. 2. The proposed use will increase or encourage the deterioration or blight of the area. The larger area surrounding the subject site contains twenty-three (23) on-sale and off-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 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 required Findings for Problem Use cannot be made in the affirmative, because an additional outlet would have 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. 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 D - 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. Adding another off-sale alcohol establishment could City of Stockton Page 4 of 5 Printed on 3/2/ powered by Legistar

218 File #: , Version: 1 potentially increase crimes and other illegal activities related to alcohol use in the neighborhood. Staff also received one letter 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 support the proposed use in the shopping center (Attachment E -Letter of Support and Public Petitions). 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 - Letter of Continuance Attachment B - Location Map and Aerial Photograph Attachment C - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses Attachment D - Letters of Opposition Attachment E - Letter of Support and Public Petition City of Stockton Page 5 of 5 Printed on 3/2/ powered by Legistar

219 Attachment A 219

220 Project Site Location Map 220

221 Project Site Aerial Photograph 221

222 Project Site On-sale Alcohol Off-sale Alcohol Bar Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licen 222

223 Attachment D V 223

224 Attachment D 224

225 Attachment D 225

226 Attachment D 226

227 Attachment D 227

228 Attachment D 228

229 Attachment D 229

230 Attachment D 230

231 Attachment E 231

232 Attachment E 232

233 Attachment E 233

234 Attachment E 234

235 Resolution No. STOCKTON PLANNING COMMISSION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF STOCKTON DENYING A USE PERMIT TO ESTABLISH A PROPOSED LIQUOR STORE WITH THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES 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 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, illegal activities, drunkenness, and encouraging deterioration or blight in the area; 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 liquor store with the off-sale of general alcoholic beverages (see Exhibit 1 - Site and Floor), based on the following general Use Permit 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 nearby 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 could potentially increase illegal activities associated with alcohol sales. Further, allowing the proposed use in the existing shopping center has the potential to increase crimerelated activities in the area and result in additional demands for police services. 235

236 b. The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, 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. Problem Findings Alcoholic Beverage Sales (Off-Sale) is considered a Problem Use and is subject to the additional findings contained in SMC Section B. The noted section, in turn, refers to the following specific criteria in SMC Section that must be considered by the review authority before a Use Permit for a Problem Use can be approved: 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; 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. 236

237 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, alcoholrelated 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 crime report statistics, the average number of crimes reported in all of the Citywide Crime Reporting Districts is 94. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 162, which is 72% above the Citywide 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. 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 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 237

238 establishment could actually be contrary to the goals of conservation, improvement, and redevelopment of the area in general, 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 March 10, AYES: NAYS: ABSENT: KEVIN HERNANDEZ, CHAIR City of Stockton Planning Commission ATTEST: DAVID KWONG, SECRETARY City of Stockton Planning Commission 238

239 Exhibit 1 239

240 Exhibit 1 240

241 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; 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, in accordance with the Findings for Decision detailed herein (P ). 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 elementary 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 City of Stockton Page 1 of 7 Printed on 3/2/ powered by Legistar

242 File #: , Version: 1 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. 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. As the Planning Commission is aware, the Planning Division recently completed processing 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; however, it will not City of Stockton Page 2 of 7 Printed on 3/2/ powered by Legistar

243 File #: , Version: 1 become effective until 60 days after its approval (March 26, 2016). As a result, the subject Use Permit is being processed in accordance with applicable provisions of the current Development Code and the findings proposed for the City Council s action are consistent with the current Code. Proximity to Schools 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, is located approximately 100 feet northeast of the project site. Variance The applicant submitted the Variance application to request a reduction of the 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 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 conditions applicable to the site or to the intended use of the site that distinguish it from other properties 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 City of Stockton Page 3 of 7 Printed on 3/2/ powered by Legistar

244 File #: , Version: 1 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. 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, such as rivers, levees, or an irregular shape, that distinguishes it from nearby parcels with CG zoning. 4. Granting the variance would: 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 City of Stockton Page 4 of 7 Printed on 3/2/ powered by Legistar

245 File #: , Version: 1 f. Be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines. Census Tract 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 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 twelve (12) existing off-sale alcohol outlets. Nine (9) of the twelve (12) 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 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. City of Stockton Page 5 of 7 Printed on 3/2/ powered by Legistar

246 File #: , Version: 1 Additionally, an off-sale alcoholic beverage establishment constitutes a Problem Use and, as such, requires three additional findings, pursuant to 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/mini marts and liquor stores. 2. The proposed use will increase or encourage the deterioration or blighting of the area. According to the Police Department s crime report statistics, the average number of crimes reported in all of the Citywide Crime Reporting Districts is 94. The project site is located in Crime Reporting District No The average number of crimes reported in this district is 93, which is slightly below the average of crimes reported Citywide. Although the project site is not located in a High Crime Reporting District, there are already twelve (12) existing 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 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 off-sale alcohol establishment will be contrary to the conservation, improvement, and redevelopment of the area in general, 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, approval of the Variance would represent a granting of special privilege that would be City of Stockton Page 6 of 7 Printed on 3/2/ powered by Legistar

247 File #: , Version: 1 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 (Attachment C - Letter from Stockton Unified School District). 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 City of Stockton Page 7 of 7 Printed on 3/2/ powered by Legistar

248 Project Site Location Map 248

249 Roosevelt Elementary School Crossroads of the Valley Church Project Site Aerial Photograph 249

250 Project Site Locations of On-Sale and Off-sale Active Alcoholic Beverages 250

251 Attachment C 251