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REQUEST FOR A COMMISSION USE PERMIT TO UPGRADE FROM THE OFF-SALE BEER AND WINE TO OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING CONVENIENCE STORE AT 2910 WEST EIGHT MILE ROAD (P23-0306) (APN 070-670-30)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Find no further environmental review is necessary from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities);
2. Adopt a Resolution approving a Commission Use Permit to upgrade to off-sale of general alcoholic beverages, subject to conditions.
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Summary
The applicant, Sandy Mann, is applying for an Alcohol and Beverage Control (ABC) license upgrade from Type 20 (off-sale beer and wine) to Type 21 (off-sale general alcohol) in an existing convenience store located at 2910 West Eight Mile Road, herein known as the “Project.”
The site holds a valid Use Permit issued by the Planning Commission on October 26, 2017 (Attachment A - Approved Use Permit P17-0667) for the off-sale beer and wine. A Finding of Public Convenience was not required at that time. The original approved Project was for a Commission Use Permit to develop a 3,700 SF convenience store with gasoline stations, car wash, and associated site improvements to develop the site.
Stockton Municipal Code (SMC) Section 16.80.040(D)(2)(c) requires a new Use Permit for ABC license upgrades. ABC upgrades are exempt from codified location restrictions for proximity to sensitive land uses such as schools and daycares. The upgrade will not result in a net increase in off-sale licenses in the census tract, the subject site is not located in a high crime reporting district, and the conditions placed on the new permit will mitigate any potential negative impact on the surrounding neighborhood.
The Project is consistent with the 2040 General Plan Land Use Map designation of Commercial applicable to the site. The project also furthers General Plan policies aimed at attracting employment and tax-generating businesses in the City (Policy LU-4.2). All of this is accomplished in a development proposal that is compliant with all applicable requirements within SMC Title 16 (Development Code).
Staff has determined this Project is in compliance with the SMC and recommends the Planning Commission approve the requested Use Permit for the upgrade from a Type 20 to a Type 21 ABC license for off-sale of general alcohol.
DISCUSSION
Background
The proposed Project is located at the southeast corner of Eight Mile Road and Thornton Road. The parcel is fully developed. (Attachment B - Aerial Photo and Location Map). The site is bounded to the:
• North across Eight Mile Road by agricultural land in the jurisdiction of San Joaquin County;
• East and south by single-family homes and vacant land; and
• West across Thornton Road by single-family homes.
The 2040 General Plan Land Use Map designates the subject site as Commercial (Attachment C - General Plan Map) and the Zoning designation is Commercial, General (CG) which supports the use (Attachment D - Zoning Map).
Present Situation
The applicant, Sandy Mann, has applied for a Commission Use Permit to upgrade an existing Type 20 ABC license which enables the off-sale of beer and wine, to a Type 21 license which enables the off-sale of general alcohol.
The original Use Permit, approved by the Planning Commission on October 26, 2017 (P17-0667), entitled a convenience store with off-sale of beer and wine that was 3,700 SF in size with eight (8) gasoline pumps and a car wash facility. This prior approval enabled the applicant to obtain a Type 20 license from ABC.
In order for the applicant to upgrade their ABC license from a Type 20 to a Type 21, the Planning Commission must consider approving a new Use Permit per the parameters provided under Stockton Municipal Code (SMC) Section 16.80.040(D)(2)(c).
The applicant has complied with all original conditions of approval without incident. The current hours of operation for the existing convenience store and gasoline sales are 24 hours per day, seven (7) days a week. The sale of alcoholic beverages will comply with State Alcoholic Beverage Control (ABC) regulations and only be offered between 6:00 a.m. and 2:00 a.m., seven (7) days a week. While the City has the authority to regulate and permit the land use, the sale of alcohol is regulated by ABC.
STAFF ANALYSIS
To develop the Project, the Planning Commission is being asked to approve a new Commission Use Permit, subject to conditions. The request and staff’s analysis is provided below.
Commission Use Permit
When evaluating applications for an upgrade of an alcohol license, the proposed Commission Use Permit must be evaluated against the parameters identified in SMC Section 16.80.040(D)(2)(c) as referenced below.
SMC 16.80.040(D)(2)(c)(i)(A): No Net Increase in the Number of Such Licenses
This code section specifically states that the upgrade shall “not result in a net increase of the number of such licenses in a census tract where an over-concentration exists.” While this would be a new license and a new Commission Use Permit, the applicant already has a Type 20 license and Commission Use Permit at this location and is currently open for business. The applicant will be required to surrender or sell his existing Type 20 license with ABC to obtain the new Type 21 license at this location. Therefore, there will be no net increase in licenses in this census tract as a result of this proposal. Additionally, per ABC’s verification, this census tract (32.08) is not over-concentrated.
SMC 16.80.040(D)(2)(c)(i)(B): Exemption from the Location Restrictions
This code section specifically states that the upgrade shall “Be exempt from location restrictions under subsection (2)(a)”. These location restrictions include proximity to schools, daycares, etc., however these do not apply for an upgrade.
SMC 16.80.040(D)(2)(c)(i)(C): Transfer to a location outside the Census Tract or Cancel
This code section specifically states that the upgrade shall “transfer the existing off-sale alcoholic beverage license to outside another census tract or cancel such license.” The applicant is not only required per the Code to transfer the license or cancel it, but ABC also has the same requirement. Per ABC, the applicant will be required to immediately surrender (put on hold for one year) their existing Type 20 license upon issuance of the 21. At that time, the licensee has one year to either transfer or reactivate that license or they face pending disciplinary action (Rule 65 of ABC Act).
SMC 16.80.040(D)(2)(c)(i)(D): Obtain a New Commission Use Permit
This code section specifically states that the upgrade shall “obtain a new commission use permit.” The applicant is seeking a new commission use permit for this upgrade.
SMC 16.80.040(D)(2)(d)(ii)(A) Crime Reporting District
This code section specifically states that the “Establishment shall not be located in a crime reporting district, where the average number of crimes in that district exceeds the average number of crimes for all reporting districts citywide by more than 20 percent”.
The project site is located in CRD No. 0303. According to statistics maintained by the Police Department, CRD No. 0303 had 287 crimes that required a police report that were reported from November 28, 2021 through November 28, 2023. The citywide average is 339 crimes per CRD. That number is below the average number of crimes in the City. Therefore, the subject use complies with the noted restriction. Stockton Police Department had no comment on the project referral. (Attachment E - Calls for Service & Citywide Averages)
SMC 16.80.040(D)(2)(d)(ii)(B): Grouping Requirement
This code section specifically states that the “Establishment shall not be located in an area within 500 feet of an existing on-sale alcoholic beverage establishment or any location that would lead to the grouping of more than four on-sale alcoholic beverage establishments within a 1,000-foot radius”.
Based on staff’s research, there are no existing licenses within 1,000 feet of the site. Therefore, the subject location complies with both of the noted location restrictions.
Required Findings
To approve the project, the Planning Commission must make the following findings per the SMC:
Use Permit
SMC Section 16.168.050(A) (General Findings)
SMC Section 16.168.050(B) (Problem Uses)
SMC Section 16.168.050(C) (Alcoholic Beverages)
Use Permit: General Findings, Problem Uses and Alcoholic Beverages
General Findings
There are seven (7) required General Findings in SMC Section 16.168.050(A). They require:
1) Compliance with all applicable provisions in the SMC;
2) Maintaining the integrity and character of the applicable zoning district;
3) Consistency with applicable General Plan objectives and policies;
4) Physical suitability of the site for the proposed use;
5) Not endangering or jeopardizing the public health, safety, peace, or general welfare of the public;
6) Compatibility with surrounding uses; and
7) Consistency with the California Environmental Quality Act.
Staff affirms that all required General Findings can be made to support the project, as evidenced in the attached resolution. In summary, the use is allowed in the CG zoning district; will provide for additional neighborhood-service retail and convenience services to the local neighborhood; is consistent with the goals, objectives and policies in the General Plan; the site is physically suitable for the development; and the use will be subject to conditions of approval. Further, the retail use of the store is compatible with other land uses on-site and in the vicinity and, the project is Categorically Exempt from CEQA.
Problem Uses
In addition to the General Findings, SMC Section 16.168.050(B) contains the following three (3) specific findings for Problem Uses:
1) The proposed use is not likely to interfere with the comfortable enjoyment of life or property in the area;
2) The proposed use will not increase or encourage the deterioration or blight of the area; and
3) The proposed use will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential.
As it pertains to problem uses, staff believes these findings can be made for the following reasons: (1) the proposed use will provide an opportunity for nearby residents to purchase a greater variety of convenience items and will not interfere with the comfortable enjoyment of life or property in the area; (2) the existing convenience store will continue to provide goods and services to the neighborhood; and, (3) the use is existing and not contrary to any program or neighborhood conservation effort.
Alcoholic Beverages
In addition to the General Findings and Problem Use Findings, the following findings shall be made for all uses which incorporate “alcoholic beverage sales activity” as defined in SMC Section 16.80.040. SMC Section 16.168.050(C) contains the four (4) specific findings for Alcoholic Beverages. These Findings address 1) the project’s potential to result in nuisance activities on and in proximity to the subject site, 2) the completion of a training course in Licensee Education on Alcohol and Drugs (LEAD), 3) project compliance with all provisions of local, state and federal laws, rules, and regulations and 4) meeting required criteria for a Public Convenience or Necessity (PCN) Finding, if required.
The Applicant has agreed to comply with all listed conditions of approval; per said conditions:
1) The convenience store will endeavor to limit potential nuisance and criminal activity, littering, graffiti, and excessive loitering
2) The approved course (LEAD) for responsible beverages sales will be completed,
3) All provisions of local, state and federal laws, regulations, rules, policies or orders enforced by the City of Stockton and ABC will be complied with; and,
4) The project location does not require a PCN determination per ABC.
The existing convenience store and its operation will contribute to the continued enjoyment of the neighborhood by providing convenient access to fuel and other merchandise for residents nearby.
The applicant currently participates in all required courses per ABC, and complies with all additional local, state, and federal laws, as well as the Stockton Municipal Code and existing Conditions of Approval for the prior approved project. Lastly, per ABC, this Project does not require a PCN determination.
Public Comments
Notice for this item was published in the Record on July 29, 2024, and a notice has been sent to all property owners within a 300-foot radius of 2910 West Eight Mile Road on July 29, 2024. As of the writing of this report, staff has not received any comments from the public as a result of the notices.
Environmental Clearance
The proposed action is a Categorically Exempt use, in accordance with the provisions of Section 15301, Class 1, of the California Environmental Quality Act (CEQA) for existing facilities, as the project will be reusing an existing building with only minor interior and exterior alterations and rehabilitation proposed. The site has existing infrastructure and access to public utilities.
Attachment A - Approved Use Permit P17-0667
Attachment B - Aerial Photo and Location Map
Attachment C - General Plan Map
Attachment D - Zoning Map
Attachment E - Calls for Service & Citywide Averages
This staff report was prepared by Nicole D. Moore, Contract Planner. She may be contacted at Nicole.Moore.CTR@stocktonca.gov.