title
APPEAL OF THE PLANNING COMMISSION'S DENIAL OF THE REQUEST FOR A USE PERMIT TO UPGRADE THE OFF-SALE OF BEER AND WINE TO THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING RETAIL OUTLET AT 8025 NORTH EL DORADO STREET (P13-148)
RECOMMENDATION
It is recommended that the City Council adopt a resolution denying the appeal and upholding the Planning Commission's denial of the request for a Use Permit to upgrade the off-sale of beer and wine to the off-sale of general alcoholic beverages. However, at Council's direction, staff has also provided a resolution granting the appeal and approving the Use Permit with findings and conditions of approval.
body
Summary
The City Council is asked to consider an appeal submitted by the business owner, Roop Singh Chouhan, of the Planning Commission's September 12, 2013 denial of a Use Permit application, which would have allowed the applicant to acquire a general alcoholic beverage sales license to replace the existing beer and wine sale license. At its January 14, 2014 meeting, the City Council continued the public hearing to February 25, 2014 and directed staff (5-1) to return with a Resolution to approve the Use Permit with findings and conditions of approval.
DISCUSSION
The applicant is requesting a Use Permit for a general alcoholic beverage sales license which would allow the sale of hard alcohol, liquor, spirits, etc. in addition to beer and wine, which is currently permitted. The requested Use Permit would not increase the overall number of alcohol licenses because the applicant's existing Type 20 beer and wine license would be exchanged for the Type 21 general alcohol sales license.
On September 12, 2013, the Planning Commission accepted staff's recommendation and voted unanimously (6-0) to deny the application based on the rigorous findings required for Use Permits, Problem Uses, and the existing overconcentration of retail alcohol sales outlets in this census tract as determined by the California Department of Alcoholic Beverage Control. This action was subsequently appealed to the City Council.
On January 14, 2014, the City Council heard the appeal and voted 5-1 to continue the public hearing so that staff could prepare a Resolution for approval with appropriate findings and conditions (Attachments A and B- City Council Report and Minutes of January 14, 2014 with Attachments). The Council's direction identified unique factors such as the relative distance to other outlets offering general alcohol sales, the current closure of the Rite-Aid building, the credentials and experience of the applicant, and the ability to revoke Use Permits should problems arise. These factors are reflected in the Findings for Approval (Attachment C- Draft Use Permit).
Environmental Review
Should the City Council approve the Use Permit, the project would be categorically exempt, per CEQA Guideline 15301, as the reuse of an existing facility. Denial of the Use Permit would be exempt from CEQA.
VOTES REQUIRED
Five (5) votes of the City Council are necessary to overturn the decision of the Planning Commission. Therefore, five (5) votes are required to approve the Use Permit.
FINANCIAL SUMMARY
There is no anticipated financial impact to the City of Stockton as a result of the project.
Attachment A - City Council Report of January 14, 2014 with Attachments
Attachment B - City Council Minutes of January 14, 2014
Attachment C - Draft Use Permit