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REQUEST FOR A COMMISSION USE PERMIT AND LOCATION WAIVER TO ALLOW THE ESTABLISHMENT OF A CONVENIENCE STORE WITH OFF-SALE OF BEER, WINE, AND DISTILLED SPIRITS AT 1515 EAST MAIN STREET (P23-0292) (APN 153-040-30)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution denying a Commission Use Permit and Location Waiver to establish a Convenience Store with off-sale of beer, wine, and distilled spirits at 1515 East Main Street, based on the findings incorporated in the proposed resolution.
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Summary
The applicant, Gagan Bahad, submitted a Commission Use Permit with Location Waiver application to allow the establishment of a convenience store with off-sale of beer, wine, and distilled spirits at an existing mini-mart with a gas station at 1515 East Main Street, and herein known as the “Project.”
In accordance with Stockton Municipal Code (SMC) Section 16.20.020, Table 2-2, “Allowable Land Uses and Permit Requirements,” a Commission Use Permit is required for the sale of alcohol for off-site consumption and is required to comply with SMC Section 16.80.040 Alcoholic beverage sales (on-sale and off-sale) and SMC Section 16.80.270 (Problem Uses).
The off-sale of beer, wine, and distilled spirits is a Type 21 license issued by the Department of Alcoholic Beverage Control (ABC). Per the Glossary (SMC Section 16.240.020), the addition of alcohol sales changes the use from a mini-mart to a convenience store.
The proposed off-sale establishment does not comply with several of the location restrictions under SMC Section 16.80.040, most notably the minimum 500 foot separation from an academic school, that is located approximately 200 feet from project site, as discussed in this report therefore, not all of the required findings under Section 16.168.050(A) General Findings, 16.168.050(B) Problem Uses, and 16.168.050(C) Alcoholic Beverages can be made to support approval of the proposed project. The Planning Commission, however, may waive the location restrictions to promote and support local economic growth throughout the City (SMC Section 16.80.040(D)(2)).
Staff has reviewed the project, as proposed, and recommends the Planning Commission deny the requested Use Permit with Location Waiver as not all required findings can be made including a finding for public convenience or necessity (PCN) that is required for an overconcentrated census tract.
DISCUSSION
Background
The project is located on the northeast corner of East Main Street and Wilson Way (Attachment A - Aerial Photo and Location Map) and is within the Commercial, General (CG) zoning district and is surrounded by:
- Commercial uses to the west, zoned CG
- Industrial uses to the east, zoned IL (Industrial, Limited)
- Outdoor storage to the north, zoned CG
- Commercial uses to the south, zoned IL and CG
On November 1, 2019, the Community Development Director approved a Land Development Permit and Design Review project for a new 2,993 square-foot mini-mart with Gas Station (Service Station) without alcohol sales (P19-0253).
Present Situation
In order for the mini-mart (7-Elelven) to add the off-sale of alcoholic beverages (beer, wine and distilled spirits), and be considered a Convenience Store use, the Planning Commission must consider approving a Commission Use Permit with Location Waiver.
Convenience stores, per their definition in SMC 16.240 (Definitions), include an alcohol component, and off-sale beer, wine, and distilled spirt sales are allowed in the CG zoning districts, subject to securing a Commission Use Permit per SMC Section 16.20.020, Table 2-2. SMC Section 16.80.040 defines Alcoholic Beverage Sales Activity, which includes convenience stores, as businesses having less than twenty percent (20%) of their gross floor area devoted to the sale, display, and/or storage of alcohol. The applicant has advised staff that the convenience store will not have more than twenty percent (20%) of its gross floor area devoted to the sale, display, and/or storage of alcohol, thereby avoiding classification as a “liquor store” (Attachment B - Site Plan and Floor Plan). The existing hours of operation for the retail store and gasoline sales is 24 hours per day, seven days a week. The sale of alcoholic beverages will comply with Alcoholic Beverage Control (ABC) regulations and only be offered between 6:00 a.m. to 2:00 a.m., seven days a week. While the City has the authority to regulate and permit the use, the sale of alcohol is regulated by ABC.
Staff Analysis
When evaluating applications for a new alcoholic beverage sales establishment, the proposed Commission Use Permit must be evaluated against the location restrictions identified in SMC Section 16.80.040 as referenced below. When a location restriction is not met, the applicant may request a Waiver and the Planning Commission may consider the Waiver, per SMC Chapter 16.176.
Location Requirements
Sensitive Receptors - SMC Section 16.80.040(D)(2)(a)
Per SMC Section 16.80.040(D)(2)(a), new alcoholic beverage sales activities or establishments shall not be located within 500-feet of a public or private kindergarten through grade 12 academic school, nursery school, preschool, daycare facility, public park, playground, recreational area, or youth facility (also known as sensitive receptors).
Staff thoroughly researched and evaluated the surrounding area in relation to the project site and concluded the project location does not comply with the noted minimum required separation from sensitive receptors. A school, Dr. Lewis D. Stallworth, Sr. Charter School, is located at 1610 East Main Street and is approximately 200 feet east of the proposed Project site that is well within the 500 feet separation requirement. The applicant is requesting a Waiver of this location requirement.
Crime Reporting District - SMC Section 16.80.040(D)(2)(d)(ii)(A)
Per SMC Section 16.80.040(D)(2)(d)(ii)(a), the establishment shall not be 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 twenty percent.
The subject site is located within Crime Report District 189, per data provided by the Stockton Police Department (SPD). The SPD data captures the reporting period in the district between January 1, 2022, and January 31, 2024. The data shows the citywide average for all reporting districts is 337 calls for service. At 296 calls for service, Crime Reporting District 189 is at 88% of the citywide average.
Staff has determined that the project location does comply with this location restriction as it is located in a crime reporting district that does not exceed the city-wide average number of crimes by over twenty percent. (Attachment C - Calls for Service).
Existing Off-sale Licenses - SMC Section 16.80.040(D)(2)(ii)(B)
The establishment shall not be located in an area within 500-feet of an existing off-sale alcoholic beverage establishment or any location that will lead to the grouping of more than four (4) off-sale alcoholic beverage establishments within a 1,000-foot radius.
Based on ABC data, there are two (2) existing off-sale establishments within 500-feet of the project site:
o 1346 East Weber Avenue (Weber Market), ±450 feet west of the project site.
o 147 North Wilson Way (Smart and Final), ±350 feet north of the project site.
In addition to the two establishments previously mentioned, there are an additional three (3) off-sale establishments within 1,000 feet of the project site:
o 1219 East Weber Avenue (Asian Weber Market), ±990 feet west of the project.
o 1304 East Main Street (Main Market), ±720 feet west of the project.
o 130 South Wilson Way, (Arco AMPM), ±600 feet south of the project.
Approval of this Use Permit would create a grouping of six (6) off-sale alcohol establishments, which exceeds the grouping allotment of four (4) establishments within 1,000 feet; and locates a new off-sale establishment with 500 feet of two (2) existing off-sale establishments and exceeds the requirement. Therefore, the project does not comply with the 500-foot separation and the 1,000-foot grouping allotment requirement. The applicant is requesting a Waiver of this location requirement.
Required Findings
To approve the Commission Use Permit and Waiver, the Planning Commission must make all Use Permit findings under SMC Section 16.168.050(A-C) and 16.176.040(A-F). As indicated in the Proposed Resolution, while the subject use is allowed in the CG zone with an approved Use Permit, it does not comply with many of the applicable provisions of the Development Code; therefore, a Waiver is requested. When considering the Use Permit and Waiver to allow the establishment of a Convenience Store with off-sale of beer, wine, and distilled spirits, the Commission action is guided by the following criteria:
Use Permit
General Findings - SMC Section 16.168.050(A)
There are seven (7) required Use Permit General Findings, they are:
1. Compliance with all applicable provisions in the SMC;
2. Maintaining the integrity and character of the neighborhood and 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 (CEQA).
Staff is unable to recommend all of the required General Findings to support the project, as evidenced in the attached proposed resolution as the use is not in compliance with many of the applicable provisions in the SMC due to the Project’s inability to meet all location and grouping restriction requirements; therefore, the use does not maintain the integrity of the neighborhood and jeopardizes the general welfare of the public. The use, however, is allowed in the CG zoning district, and it would provide for additional neighborhood-service retail and convenience to the local neighborhood; it is consistent with the goals, objectives and policies in the General Plan; the convenience store is not compatible with surrounding land uses as it does not meet the location requirements in the SMC for off-sale alcohol uses as mentioned in this staff report; and, the project is Categorically Exempt from CEQA.
Problem Uses - SMC Section 16.168.050(B)
In addition to the General Findings, the following three (3) specific findings for Problem Uses need to be met:
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, despite the proposed use going into an existing store that provides a variety of goods to residents and not being contrary to any neighborhood programs, it is staff’s position that the proposed use would interfere with the comfortable enjoyment of the area or encourage blight as it is within 200-feet of an academic school and contributes to the overconcentration and grouping of alcoholic beverage sales establishments.
Alcoholic Beverages - Section 16.168.050(C)
In addition to the General Findings and Problem Use Findings, SMC Section 16.168.050(C) requires four specific (4) findings that shall be made for all uses which incorporate “alcoholic beverage sales activity” as defined in SMC Section 16.80.040:
1. The proposed use will not result in repeat nuisance activity on or in close proximity to the premises.
2. Owners and all employees complete an approved training course in Licensee Education on Alcohol and Drugs (LEAD).
3. The proposed use will comply with all provisions of local, state and federal laws, rules, and regulations
4. If required by California Code, meet specified criteria for a Public Convenience or Necessity Finding.
As proposed, the Project is anticipated to result in an increase in nuisance activity, as evidenced by the inability to comply with many of the location restrictions in SMC Section 16.80.040(D), most notably the minimum separation from an academic school location within 200 feet of the project site. The Project does not meet the requires a public convenience or necessity (PCN) determination, required by California Business and Professions Code, as the Project is located in an overconcentrated Census Tract (19) per ABC records (Attachment D - ABC Records). Census Tract 19 is allotted four (4) off-sale licenses, based on its population, and there are currently eight (8) active off-sale licenses in the census tract. Therefore, Staff is unable to make the PCN determination finding.
Waiver
The applicant is requesting a Waiver to the Location Restrictions for proximity to (1) a Sensitive receptor, (2) other off-sale establishments within 500-feet, and (3) exceeding the maximum grouping within 1,000-feet. The Waiver Findings in SMC Section 16.176.040 are as follows:
1. The granting of the Waiver shall enable the site to be utilized so that specific standards can be addressed without creating undue hardship; and
2. The granting of the Waiver shall allow for the economic viability and use of the site; and
3. The granting of the Waiver, with conditions that are imposed, will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property or improvements in the zone or neighborhood in which the property is located; and
4. The granting of the Waiver will 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; and
5. The granting of the Waiver will not conflict with applicable provisions of the latest edition of the California Building Code and Fire Code and other applicable Federal, State, and local laws and regulations; and
6. The granting of the Waiver will be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.
Although the Project, with the Waiver, is generally consistent with the intent of General Plan and Development Code and may promote enable the economic viability of the existing use, however, the Project does not satisfy all the findings for a Waiver. The granting of the Waiver would further increase the overconcentration of ABC off-sale licenses in the census tract that limit a maximum of four (4) off-sale licenses in Census Tract 19 that is already being exceeded with 8 existing licenses and increases the number of off-sale establishments located within 500 feet and grouped within 1,000 feet of the Project site and would interfere with the comfortable enjoyment of the area and encourage blight.
Public Comments
Notice for this item was published in the Record on August 12, 2024, and a notice has been sent to all property owners within a 300-foot radius of the project site on August 12, 2024. At the time of writing this report, Staff has not received any comment from the public on this project.
Environmental Clearance
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines, in accordance with the provisions of Section 15301(a) - Existing Facilities because it includes interior alterations. The interior of the store is being modified to include space dedicated to the sales, display, and storage of alcohol. No exterior modifications are proposed to the existing building.
Attachment A - Aerial Photo and Location Map
Attachment B - Site Plan and Floor Plan
Attachment C - Calls for Service
Attachment D - ABC Records
This staff report was prepared by Arturo Carrasco, Associate Planner, he may be contacted at Arturo.Carrasco@Stocktonca.gov.