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REQUEST FOR A COMMISSION USE PERMIT AND WAIVER TO ALLOW THE OFF-SALE OF BEER AND WINE AT AN EXISTING MARKET AT 2208 EAST MAIN STREET (P23-0182) (APN 155-350-01)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving a Commission Use Permit and Waiver to allow the off-sale of beer and wine at an existing market at 2208 East Main Street, based on the findings and subject to the conditions of approval incorporated in the proposed resolution.
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Summary
The applicant, Mogalli Hussein Al Thabeti, is proposing to add the off-sale of beer and wine (Type 20) at their existing general merchandise and meat market at the 2208 East Main Street, known as “Mi Ranchito Market and Carniceria”, and herein known as the “project.”
The existing market is approximately 3,600 square feet and will dedicate no more than 20% of the floor area to the sale or display of beer and wine. Approval of a Use Permit for the off-sale of beer and wine will not expand the floor area, and will only modify the existing merchandise display areas.
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 (Alcoholic beverage sales; Sale of alcohol-off-sale) 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 proposed off-sale establishment does not comply with all location restrictions under SMC Section 16.80.040 as discussed in this report, however, per SMC 16.80.040(D)(2) the location restrictions may be waived by the Planning Commission to promote and support local economic business growth throughout the City. All findings required under Section 16.168.050(A) General Findings, 16.168.050(B) Problem Uses, and 16.168.050(C) Alcoholic Beverages can be made for the proposed project.
Staff has reviewed the project as proposed and, although it would not meet all the location requirements without the Waiver, is recommending the Planning Commission approve the requested Use Permit and Waiver for proximity to other establishments that sell alcohol, and find that the public convenience or necessity would be served by issuance of the Use Permit.
DISCUSSION
Background
The project is located on the southeast corner of East Main and Court Streets and is within the Commercial, General (CG) zoning district and is surrounded by:
- Commercial uses to the west, zoned CG
- Vacant commercial building to the east, zoned CG
- Office and Residential building to the north, zoned CG
- Residential building to the south, zoned Residential, Medium Density (RM)
On September 27, 2018, the Planning Commission held a public hearing to consider a similar Use Permit request to add the off-sale of alcoholic beverages (beer and wine) at the project location, which proposed to transfer an existing off-sale license from 2280 East Main Street to the project site. At the time, the project site did not comply with the location restrictions and was in an overconcentrated census tract. Staff recommended approval of the Use Permit with a Waiver to the location restrictions; however, the project was denied due to a failure to obtain a majority vote of the Planning Commission, with a vote of 3-3 (1 recused). The Commission members who voted against the project mentioned their vote was primarily due to concerns regarding existing overconcentration of off-sale Alcohol Beverage licenses in the Census District.
The project site is a ±3,200 square-foot commercial building used as a general grocery, merchandise, and meat market.
Present Situation
In order for the market to add the off-sale of alcoholic beverages, the Planning Commission must consider approving a Commission Use Permit and Waiver.
Mi Ranchito Market and Carniceria, a general merchandise and meat market, currently operates at the project location (Attachment A - Aerial Photo and Location Map). According to the applicant, beer and wine will be displayed in three (3) of the ten (10) existing walk-in coolers on the west side of the store, and on two (2) six-foot wide sections of shelves (Attachment B - Floor Plan), not to exceed 20% of the gross floor area. The market would continue to sell other merchandise goods and grocery items. The business hours for the market and for the sale of alcohol are from 8:00 a.m. to 10:30 p.m., Monday through Sunday. While the Department of Alcoholic Beverage Control (ABC) regulates the hours for the sale of alcohol, a Use Permit is a discretionary action in which the City may evaluate and condition more restrictive hours for the sale of alcohol beverages.
Approval of a Use Permit would encompass a Waiver of the location proximity to another off-sale establishment within 500 feet, and a finding of public convenience or necessity due to overconcentration of off-sale alcohol establishments in the Census tract.
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.
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.
Staff thoroughly researched and evaluated the surrounding area in relation to the proposed site and concluded the project location is in compliance with this section. Although most of the land uses within 500 feet of the site, specifically to the south, are residential, residential uses are not a factor in this section of the Code. Staff determined that the project location does comply with the noted minimum required separation.
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 20 percent.
The subject site is located within Crime Report District 192, per data provided by the Stockton Police Department (SPD). The SPD data captures the reporting period in the district between October 16, 2021, and October 16, 2023.The data shows the citywide average for all reporting districts is 209 calls for service. At 181 calls for service, Crime reporting district 192 is at 87% 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 20 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 records (Attachment D - ABC Records), there are two (2) existing off-sale ABC licenses within 1,000 feet, and more specifically within 500 feet, of the project site, they are:
o A Market ±50 feet west of the project site at 2196 East Main Street.
o A Liquor Store ±460 feet east of the site at 2280 East Main Street.
Approval of this Use Permit complies with the 1,000-foot grouping requirement because it does not result in a grouping of four (4) or more off-sale establishments; however, it does not comply with the 500-foot separation requirement from another off-sale establishment. A Waiver is required for the separation requirement.
Required Findings
To approve the Commission Use Permit, the Planning Commission must make all Use Permit findings under SMC Section 16.168.050(A-C). As indicated in the Proposed Resolution, the subject use is allowed in the CG zone with an approved Use Permit and Waiver and complies with applicable provisions of the Development Code. When considering the Use Permit to allow off-sale of beer and wine, 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 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 has verified that all required General Findings, with the exception of the location requirement, can be made to support the project, as evidenced in the attached resolution. The use is allowed in the CG zoning district, it will provide for additional neighborhood-service retail to the local neighborhood; it is consistent with the goals, objectives and policies in the General Plan; the site is physically suitable for the development; the use will be subject to the conditions of approval requiring security upgrades to the site; 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 - 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, staff recommends that: (1)the proposed use will not interfere with the comfortable enjoyment of the area as it will be located within an existing neighborhood serving market that will provide an opportunity for nearby residents to purchase alcoholic beverages and goods in one location ; (2) the existing commercial building is a Market and no expansion is proposed; and, (3) the use will not contribute to deterioration or promote blight in the area and will not be contrary to any neighborhood programs.
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,.
The project will be conditioned to (1) endure to limit potential nuisance and criminal activity, littering, graffiti, and excessive loitering, (2) complete the approved course for responsible beverages sales, and (3) comply will all provisions of local, State and Federal laws, regulations, rules, policies, or orders enforced by the City of Stockton and ABC.
For the fourth finding, a public convenience or necessity (PCN) determination is required by California Business and Professions Code as the project is located in an overconcentrated Census Tract (19) per ABC records. Census Tract 19 is allotted 4 licenses, based on its population, and there are currently eight (8) active off-sale licenses in the census tract. As previously noted in this report, there are only two (2) off-sale licenses within 500 feet of the project site, of which one is located in the same census tract. The other seven (7) licenses are farther than 1,000 feet from the project site.
Waiver
The Planning Commission has the discretion to waive the restrictions above, to promote and support local economic business growth throughout the City. To reiterate, the project complies with SMC Section 16.80.040(D)(2)(a) related to separation from sensitive receptors and with the Crime Reporting District standards. However, the project does not comply with the 500-foot separation requirement from another existing off-sale establishment.
The establishment of this off-sale of beer and wine within an existing market will provide for a wider range of goods and services that would contribute to the enjoyment of the neighborhood. The applicant is requesting a Waiver to the Location Restrictions for proximity to another off-sale establishment per SMC Section 16.80.040(D)(2)(d)(ii)(B). The Waiver Findings in SMC Section 16.176.040 contain the following:
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.
Staff has verified that all required Waiver Findings can be made to support the project, as evidenced in the attached resolution. The existing market use is allowed in the CG zoning district and the proposed off-sale of beer and wine is permitted with a Use Permit. The proposed sale of beer and wine at the existing market will provide for added convenience for existing grocery shopping customers. The granting of the Waiver would not be detrimental to the public or neighborhood welfare as it will provide customers with an additional “one stop shop” alternative to the existing liquor store at 2280 East Main Street that primarily sells alcohol.
The Use Permit to allow off-sale of beer wine will be applied to an existing market that provides a variety of services to the public; it is consistent with the goals, objectives, and policies in the General Plan; the site is physically suitable for the use and will be subject to the conditions of approval; the retail use of the store is compatible with other land uses within the vicinity; and the project is Categorically Exempt from CEQA.
Public Comments
Notice for this item was published in the Record on July 1, 2024, and a notice has been sent to all property owners within a 300-foot radius of the project site on July 1, 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.