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REQUEST FOR A COMMISSION USE PERMIT AND WAIVER TO UPGRADE FROM THE OFF-SALE BEER AND WINE TO OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES AT AN EXISTING CONVENIENCE STORE AT 10715 TRINITY PARKWAY (APN 066-020-40) (P24-0254)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Find no further environmental review is necessary as the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(a) - Existing Facilities; and
2. Adopt a Resolution denying a Commission Use Permit and Waiver to upgrade to off-sale of general alcoholic beverages, subject to conditions.
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Summary
The applicant, Leslie Burnside on behalf of Trinity Parkway Inc./Trinity Parkway AMPM, has applied for a Commission Use Permit to upgrade an existing beer and wine (Type 20) license to an off-sale general alcohol (Type 21) license at an existing convenience store. The application also includes a request for a waiver of unmet use standards. The application for the Commission Use Permit and waiver are collectively herein referred to as the “Project. The Project is located at 10715 Trinity Parkway.
The Project site holds a valid Use Permit (P16-0051) issued by the Planning Commission on May 26, 2016, for off-sale beer and wine (Attachment A - Approved Resolution 2016-05-26-0301). The original approval consisted of a Commission Use Permit to develop a convenience store with fueling station, car wash, and associated site improvements. A Finding of Public Convenience was made at that time to support the approval due to the existence of overconcentration within the Census Tract.
Stockton Municipal Code (SMC) Section 16.80.040(D)(2)(c)(i) requires a new Commission Use Permit to upgrade an existing off-sale alcohol license in a location that has an overconcentration of licenses. The Code exempts the upgrade from certain location restrictions in subsection (D)(2)(a) that relate to proximity to sensitive receptors (i.e. schools daycares, and parks) since an off-sale beer and wine license is already in operation.
Applicants are still required to comply with all other location restrictions in SMC Section 16.80.040(D)(2)(d)(ii) Off-Sale of Beverage Sales Establishment. Here, the Project does not comply with two of the applicable location restrictions, specifically, the Project site is located in a crime reporting district that exceeds the citywide reporting average by over 20% and is located within 500’ of another off-sale establishment.
Although the applicant has applied for a Waiver of the locational restrictions, Staff cannot support the Waiver and is unable to make 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.
Staff recommends the Planning Commission deny the requested Use Permit and Waiver because not all required findings can be made in the affirmative.
DISCUSSION
Background
The Project site is located on the north-west corner of the Trinity Parkway and Scott Creek Drive intersection as shown in Attachment B - Aerial Photo and Location Map. The site is bounded to the:
• North by commercial (auto parts store/minor repair);
• East and South across Trinity Parkway and Scott Creek Drive by commercial uses (retail, restaurants, carwash, etc.); and
• West across Scott Creek Drive by vacant land.
The 2040 General Plan Land Use Map designates the subject site as Mixed Use (Attachment C - General Plan Map) and the Zoning designation is Mixed Use (MX) (Attachment D - Zoning Map).
On April 14, 2016, the Planning Commission held a public hearing to consider approving P16-0051, which included a Commission Use Permit to allow the off-sale of beer and wine in a planned convenience store as part of the development of a gasoline station and car wash facility. At that time, the Project site was in a crime reporting district exceeding the citywide average by 125%. Also, the issuance of a new California Department of Alcohol Beverage Control (ABC) license was not consistent with the ABC license allotment of the time (1 license per 2,500 residents) and could only be approved if the City made a Public Convenience or Necessity (PCN) Finding, which is a finding that the issuance of a new ABC license would serve the public interest and be beneficial to the community. Staff recommended denial of the 2016 project based on its location in a high crime reporting district and inability to make the PCN finding.
Following public testimony, members of the Planning Commission noted that the crime statistics that had been provided by the applicant’s representative indicated that very few of the reported crimes in the shopping center were associated with existing alcohol uses. They also noted that the applicant would have to comply with required operational standards from ARCO, as well as the shopping center’s Covenants, Conditions and Restrictions (CC&Rs), in order to open the planned convenience store. Ultimately, on May 26, 2016, the Planning Commission unanimously adopted Resolution 2016-05-26-0301 approving the 2016 project with the following additional conditions: that no single beverage sales, no malt beverage sales under 40 ounces, no payphones, and a strict “no loitering” policy.
Present Situation
The applicant, Leslie Burnside, is requesting a Commission Use Permit to upgrade the existing convenience store’s off-sale beer and wine (Type 20) license, to an off-sale general alcohol (Type 21) license. A Type 21 license would allow for the off-sale of beer, wine and distilled spirits. The applicant is also requesting a Waiver of the two unmet location restriction standards that require a 500 separation from another off-sale alcohol use and the location not be within a crime reporting district, where the average number of crimes in the district exceeds the average number of crimes for all reporting districts citywide by more than 20 percent.
In order for the applicant, or their designee (operator or successor-in-interest), to upgrade the ABC license at the existing convenient store, the Planning Commission must consider a new Use Permit per the parameters provided under Stockton Municipal Code (SMC) Section 16.80.040(D)(2)(c) and (d), further discussed in this report.
The convenience store and fueling station currently operates 24 hours per day, seven (7) days per week. However, 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 per week. While the City has the authority to regulate and permit the land use, the sale of alcohol is regulated by ABC. If approved, there will be no change in the hours of operation of the business.
STAFF ANALYSIS
Commission Use Permit
When evaluating applications for off-sale alcohol license upgrades, the proposed Commission Use Permit must be evaluated against the parameters identified in SMC Section 16.80.040(D)(2)(c) and (d) as referenced below. When a location restriction is not met, the applicant may request a Waiver, and the Planning Commission may consider the Waiver in their decision to promote and support economic business growth, throughout the City. The Waiver shall also be consistent with SMC Chapter 16.176.
SMC 16.80.040(D)(2)(c) - Special Circumstances
This section establishes requirements applicable to upgrades or transfers of an existing off-sale license in the same census tract where there is already an overconcentration. This section states that upgrading an existing off-sale license shall comply with the following A) not result in a net increase of the number of off-sale licenses in a census tract, B) be exempt from location restrictions under subsection (2)(a), C) transfer of the existing off-sale license be outside of the census tract or cancel the license, and D) a new commission use permit shall be obtained.
Per ABC’s verification, this Project’s census tract (CT 40.04) is over-concentrated. ABC’s allotment to CT 40.04 is four (4) off-sale licenses, five (5) currently exist, including the Project site’s existing type 20 license as shown in Attachment E. Therefore, whether approved or denied, there will be no net increase in off-sale licenses in this census tract as a result of this proposal. A Public Convenience and Necessity determination was made with the original use permit and is not required with this proposal.
For the Commission’s information, subsection (2)(a) refers to location restrictions including proximity to sensitive uses such as schools, daycares, etc. As this project is an upgrade request, the location restriction does not apply. As information only, the original approval analyzed the location requirements and found no conflict. At the time of writing this report, staff can confirm that there has been no change to proximity to the sensitive uses listed above.
SMC 16.80.040(D)(2)(d) - Problem Uses
This code section specifically states that off-sale alcoholic beverage 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, and shall not be located within 500 feet of another off-sale establishment or in a manner that would lead to a grouping of more than four off-sale establishments within 1,000 foot radius.
The project site is located in Crime Reporting District (CRD) No. 0475. According to statistics maintained by the Stockton Police Department (PD), CRD No. 0475 had 1,214 crimes that resulted in a documented report during the reporting period of January 21, 2023, through January 21, 2025. The citywide average of documented reports is 326 per CRD. At 1,214 documented reports, CRD No. 0475 exceeds the citywide average by 372%; therefore, the subject use does not comply with this restriction (Attachment F - Calls for Service & Citywide Averages).
Based on staff research and ABC records, Chevron fueling station and convenience store (10858 Trinity Parkway) has an active off-sale license and is within 500 feet of the project site. In addition, the project site, with the current active off-sale license, is in a grouping of four off-sale establishments within 1,000 feet of the site which includes Chevron, Target (10424 Trinity Parkway), and Wal-Mart (10355 Trinity Parkway) (Attachment E - Active Off-sale ABC licenses map). The subject location does not exceed the grouping restriction; however, it does not comply with the noted 500 feet separation restriction. For the Commission’s information, location requirements are measured from property line to property line per SMC Section 16.80.040(D)(2).
The applicant is requesting a waiver of these location restrictions. The Planning Commission may grant a waiver to promote and support local economic business growth if the Commission can expressly make the required findings.
Required Findings
To approve the Commission Use Permit and Waiver, the Planning Commission must make all Use Permit findings under SMC Sections 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 MX zone with an approved Use Permit, it does not comply with all applicable requirements of the Development Code.
When considering the Use Permit and Waiver to allow the upgrade of an existing off-sale establishment, the Commission action is guided by the following criteria:
Use Permit: General Findings (SMC Section 16.168.050(A))
There are seven (7) required General Findings. 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 (CEQA)
Staff is unable to recommend approval of the project because staff cannot make the required General Findings. The project is not in compliance with the 500-foot separation restriction and crime reporting district limitation. Although the physical conditions would remain, the upgrade intensifies the use by adding additional alcohol products. Therefore, the use would not maintain the integrity of the neighborhood and may jeopardize the general welfare of the public.
Use Permit: Problem Uses (SMC Section 16.168.050(B))
In addition to the General Findings, the following three (3) specific findings for Problem Uses also 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.
Additionally, staff is also unable to make the specific findings as it pertains to problem uses. It is staff’s position that upgrading the existing sales of off-sale beer and wine, to distilled spirits intensifies the use such that it would interfere with the comfortable enjoyment of the area or encourage blight as it is within 500 feet of another off-sale alcoholic beverage sales establishment, and is in a crime reporting district that substantially exceeds the citywide average crime by 372%.
Use Permit: Alcoholic Beverages (SMC Section 16.168.050(C))
In addition to the General Findings and Problem Use Findings, the following four (4) findings shall be made for all uses which incorporate “alcoholic beverage sales activity” as defined in SMC Section 16.80.040:
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) Public convenience or necessity (PCN) would be served by the issuance of this Commission Use Permit subject to 16.168.050(C)(4) and ABC approval.
As proposed, the Project is anticipated to result in an increase in nuisance activity, as evidenced by the inability to comply certain location restrictions in SMC Section 16.80.040(D)(2), specifically being located in a crime reporting district that exceeds the citywide average by more than 20% and proximity to other off-sale establishments. The Project is located in an overconcentrated Census Tract (19) per ABC records (Attachment E - ABC Records). Census Tract 19 is allotted four (4) off-sale licenses and there are currently five (5) off-sale licenses; however, a PCN was provided with the approval of P16-0051 and a new PCN is not required for an upgrade.
Waiver (SMC Section 16.176.040)
The Planning Commission has the discretion to waive location restrictions to promote and support local economic business growth throughout the city. To reiterate, the Project does not comply with the applicable standards in Section 16.80.040(D)(2)(d), which state that an “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” and “Establishment shall not be located in an area within 500 feet of an existing off-sale alcoholic beverage establishment”.
The Project site is located in a crime reporting district that exceeds the citywide average by 372% and is located within 500 feet of one (1) off-sale establishment. The applicant is requesting the Planning Commission grant a waiver to the requirement as described in the analysis section above. There are six (6) findings for Waivers, they are:
1) The granting of the Waiver shall enable the site to be utilized so that specific standards can be addressed without creating undue hardship;
2) The granting of the Waiver shall allow for the economic viability and use of the site;
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;
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;
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 approval of a Waiver, is generally consistent with the intent of General Plan to promote and enable the economic viability of the existing use, the Project does not satisfy all the findings for a Waiver. Granting the Waiver would be detrimental to the general welfare and comfortable enjoyment of the area as the Project will continue the overconcentration of ABC off-sale licenses in the census tract and intensify the alcohol types being sold. The Project does not conform to the requirements in the Development Code without approval of a Waiver. Specifically, the Project is located in a crime reporting district exceeding the citywide average by more than 20%, and is located within 500 feet of another off-sale establishment. Therefore, the Project is likely to interfere with the comfortable enjoyment of the area and encourage blight.
Public Comments
Notice for this item was published in the Record on June 2, 2025, and a notice has been sent to all property owners within a 300-foot radius of the project parcel on June 2, 2025. As of the writing of this report, staff has not received any public comments regarding the proposed Project.
Environmental Clearance
The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(a) - Existing Facilities because the Project only proposes minor alterations to the interior of the store to include space dedicated to the sales, display, and storage of alcohol and does not propose exterior modifications to the existing building.
Attachment A - Approved Resolution 2016-05-26-0301 (Use Permit P16-0051)
Attachment B - Aerial Photo and Location Map
Attachment C - General Plan Map
Attachment D - Zoning Map
Attachment E - Active Off-sale ABC licenses Map
Attachment F - Calls for Service & Citywide Averages
This staff report was prepared by Arturo Carrasco, Senior Planner. He may be contacted at 209-937-8955 or Arturo.Carrasco@stocktonca.gov.