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APPROVE A RESOLUTION REFLECTING THE PLANNING COMMISSION’S OCTOBER 24, 2024 INTENT TO DENY A USE PERMIT TO UPGRADE FROM THE OFF-SALE BEER AND WINE TO OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN A FUTURE CONVENIENCE STORE AT 4607 SOUTH AIRPORT WAY (P23-0305) (APN 177-460-24)
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RECOMMENDATION
Staff recommends that the Planning Commission approve a resolution that reflects the Commission’s October 24, 2024, intent to deny a Commission Use Permit to upgrade from the off-sale of beer and wine to off-sale of general alcoholic beverages at an approved convenience store located at 4607 South Airport Way (APN 177-460-24), in accordance with the findings conveyed on the record and captured on the proposed resolution.
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SUMMARY
On October 24, 2024, the Planning Commission considered a Use Permit (UP) application to allow an approved convenience store with off-sale of beer and wine to upgrade to the off-sale of general alcoholic beverages (Attachment A - Planning Commission Staff Report).
The approval of the upgrade required evaluation of the Project against the parameters identified in SMC Section 16.80.040(D)(2)(c) which include 1) ensuring there is no net increase in licenses; 2) exemption from location restrictions outlined in 16.80.040(D)(2)(a); 3) transfer of existing off-sale alcohol license to a location outside the Census Tract or Cancellation of said license; and 4) obtaining a new Commission Use Permit. Additional parameters, per 16.80.040(D)(2)(d)(i), include 5) not exceed 20% of the Citywide average for crime in the Crime Reporting District; and 6) not be located in an area within 500’ of an existing establishment. The upgrade request satisfied these parameters.
In addition to the parameters listed above, the Planning Commission must also make all findings to support the approval of a Use Permit (SMC 16.168.050), including General Findings, Problem Use Findings, and Alcoholic Beverage Findings. While most of these findings were met, the Planning Commission was not able to make the findings related to General Findings #2 and #5 which require “maintaining integrity with the character of the applicable zoning district” and “not endangering or jeopardizing the public health, safety, peace, or general welfare of the public”, respectively.
The Planning Commission stated that the Project will not strengthen the integrity and character of the surrounding neighborhood as emphasized by the residents of South Stockton. They also cited rationale that there are too many existing hard liquor licenses in South Stockton, overconcentrating the area; and that it may endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed subject use.
Following public testimony and discussion, the Planning Commission unanimously approved Motion 2024-10-24-0501 directing staff to bring back a resolution denying the requested Use Permit for upgrade to off-sale of general alcoholic beverages with appropriate findings. The proposed resolution hereto carries out the Planning Commission’s direction and would deny the proposed upgrade.
Attachment A - Planning Commission Staff Report
This report was prepared by Nicole D. Moore, LEED-AP, Contract Planner, (209) 227-3138; Nicole.Moore.CTR@stocktonca.gov