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USE PERMIT AND LOCATION RESTRICTION WAIVER TO ALLOW THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES AT 2550 E. FREMONT STREET (P16-0584)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution:
1. Approving a waiver to the 500 ft location restriction to allow the off-sale of general alcoholic beverages at 2550 E. Fremont Street; and
2. Approving a Use Permit to allow the off-sale general alcoholic beverages at 2550 E. Fremont Street, in accordance with the Findings for Decision detailed herein.
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Summary
The applicant, Daljit Singh Dhami, is seeking to relocate an existing market at 2517 E. Fremont, with an off-sale beer and wine license (Type 20), and upgrade to a Type 21 off-sale general alcohol license with approximately 160 square feet of alcohol shelf or cooler space at a new location across the street. (The applicant wants to expand the existing business at the current location but does not have adequate space to do so). The applicant intends to purchase and relocate to a larger building located at 2550 E. Fremont Street, on the southeast corner of E. Fremont Street and N. Filbert Street (Attachment A - Location Map and Aerial Photograph).
The project has been reviewed against the Development Code’s standards for alcoholic beverage sales uses and does not comply with the Location restriction requiring the separation of off-sale locations by 500 feet, or more. The market’s current location is next to another off-sale alcohol retailer and the proposed relocation of the use will increase the distance between the two off-sale locations from zero feet to approximately 200 feet. Therefore, the applicant has requested that the Commission exercise its discretion under Stockton Municipal Code (SMC) Section 16.80.040(D)(2)(d)(ii) to waive the location restriction. Staff supports this request and recommends that the location restriction be waived based on the project’s potential for economic growth and consistentcy with General Plan land use policy LU-4.1, which encourages the upgrading, revitalization, and appropriate reuse of the existing commercial areas and shopping centers as well as policy LU-4.8 that states the City shall encourage small neighborhood-serving commercial uses adjacent to and within residential areas where such uses are compatible with the surrounding area.
DISCUSSION
Background
The site is zoned CG (Commercial, General), and is bounded to the:
• north, east, and west by existing commercial uses zoned General Commercial, (CG)
• south by residential zoned Medium Density Residential (RM)
The General Plan designates the project site for Commercial land use. This land use designation along with the General Commercial (CG) Zoning allows for the off-sale of general alcoholic beverages with the approval of a Use Permit.
The applicant is proposing to relocate an existing market, at 2517 E. Fremont, to a new location across the street at 2550 E. Fremont Street and in moving, change from a type 20 beer and wine license to a type 21 off-sale of general alcohol. The proposed 3,000 square-foot building will have a 130 square-foot Beer and wine section of the cold case and a 30 square-foot liquor shelf next to the register area. The alcohol sales and storage space proposed will account for approximately 5 percent of the total floor area. The market operating hours will remain the same: 7 a.m. to 10:30 p.m., 7 days a week. The applicant has indicated he will install security cameras both inside and outside the store along with extra lighting outside the building for added security.
The applicant’s current location has a Use Permit (UP099-01) that will stay with the property, however any new off-sale alcoholic beverage licensing through ABC would be subject to additional evaluation by ABC with input by City Planning Division.
Location Restrictions
Stockton Municipal Code (SMC) Section 16.80.040 outlines location criteria for alcoholic beverage sales establishments. Additionally, specific findings are required for problem land uses as defined under SMC Section 16.168.050 and for alcoholic beverage sales.
Proximity to Schools and Parks
SMC Section 16.80.040.D(2) requires a minimum separation of 500 feet between an establishment with the off-sale of alcoholic beverages and public or private academic schools for students in kindergarten through 12th grade, public parks, playgrounds, recreational areas, or youth facilities. According to the San Joaquin County Office of Education, there are no County One Schools located within 500 feet of the project site. There are no parks, playgrounds or recreational areas within 500 feet of the project site. Therefore, the proposed use complies with the noted minimum required separation from schools and parks.
Crime Reporting District
SMC Section 16.80.040.D(2)(d)(i) and (ii) state that a business with off-sale shall not be located in a high 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 applicant’s current location and new location are both located in crime reporting district 187, which has a lower than average crime rate of 24, which is 72% below the City average. Therefore, the proposed use complies with the location restriction within the crime reporting district.
Proximity to Other Alcoholic Beverage Sales Establishments
SMC Sections 16.80.040.D(2)(d)(i) and (ii) require that new off-sales establishments not be located in an area within 500 feet of an existing off-sale alcoholic beverage establishment or any location that would lead to the grouping of more than four (4) off-sale alcoholic beverage establishments within a 1,000-foot radius.
There is another off-sale location within 500 feet of the project site but there is not a clustering of 4 or more off-sales within a 1,000-foot radius of the proposed location. The proposed use would not comply with the 500-foot separation; however, the applicant’s existing market is currently located next door to the other off-sale and moving across the street will separate the off-sale uses by approximately an additional 200 feet. (Attachment B- Liquor License Map). The applicant has requested a waiver of this separation requirement based on the promotion and support of local economic business growth
The project proposal allows for expansion of an existing market into a building that has been vacant for some time and has the potential of being a catalyst for redevelopment and new tenants in the shopping center Additionally, approving a waiver would be consistent with General Plan land use policy LU-4.1, which encourages the upgrading, revitalization, and appropriate reuse of the existing commercial areas and shopping centers as well as policy LU-4.8 that states the City shall encourage small neighborhood-serving commercial uses adjacent to and within residential areas where such uses are compatible with the surrounding area.
Additionally, the applicant's proposed location will allow the expansion of the business into a full-service neighborhood market serving the surrounding community and the existing location of the market directly next to the other off-sale use has shown no adverse effects on crime rates, which is one of the main reasons for the off-sale separation requirement in the alcohol ordinance. Finally, the relocation of the market to the proposed location at 2550 E. Fremont Street will increase the separation of the two off-sale uses from zero feet to approximately 200 feet, which further supports the granting of a waiver. The proposed use would comply with the 1,000 ft off-sale clustering restriction but not comply with the 500 ft location restriction without the granting of a waiver.
Census Tract
The project site is located in Census Tract 18.00. Based upon the population in that geographic area, ABC has determined that three (3) off-sale alcoholic beverage establishments are allowed within the Census Tract. There are currently three (3) active off-sale licenses within the census tract, including the applicant’s requested license transfer. The tract, therefore, would not have a net gain in active licenses. However, the proposed transfer from a type 20 license to a type 21 license, if granted, would result in over-concentration of the census tract; however, the over-concentration will not be due to an abundance of active licenses.
The applicant has stated an intention to abandon the existing Type 20 license and apply for new Type 21 license with the Department of Alcoholic Beverage Control (ABC). ABC regulations require the license holder upon the change of license type (to a 21) to cancel or surrender the previous license type (20).
Any new active license to the tract would be evaluated by the City under ABC’s 90-day review period. ABC’s regulation states:
If local officials have concerns about the issuance of a license, they may request or impose restrictions on the business operation, or they may file a protest. (Section 23987) Common concerns are that the license: (a) Would create a public nuisance, (b) Would cause or add to crime in the area, (c) Would be contrary to a zoning law, or (d) Is in a high-crime area or an area that has too many licenses and would not serve public convenience or necessity. In the case of (d), the City Council or Board of Supervisors has 90 days to determine this and notify ABC. If the City Council or Board of Supervisors does not decide within 90 days, ABC may issue the license if the applicant shows ABC that issuance would serve public convenience or necessity.
Findings
The Development Code lists a number of findings, all of which must be made in the affirmative to support the approval of a Use Permit. If one or more findings cannot be made, then the Use Permit cannot be approved.
There are seven required general findings in SMC Section 16.168.050. The general findings require compliance with all applicable provisions in the SMC; maintaining the integrity and character of the applicable zoning district; consistency with General Plan; physical suitability of the site for the proposed use; not endangering or jeopardizing the public health, safety, peace or general welfare; compatibility with surrounding uses; and consistency with the California Environmental Quality Act.
Additionally, special findings are required for alcoholic beverage sale establishments, and Problem Uses. “Problem Uses” are defined as “Uses that have a blighting and/or deteriorating effect upon their surroundings, and which may be dispersed to minimize their adverse impacts.”
The change from a Type 20 license to a Type 21 off-sale license will trigger the ABC requirement for a Public Convenience and Necessity (PCN) finding as well
Staff has determined that all required findings can be made to support the recommendation of approval.
Public Comments
As of the date of this report, staff has not received any public communication on the proposed project.
The applicant did reach out to the local neighborhood with information on the proposed relocation and change in off-sale license type. Overall neighborhood response was positive and the applicants collected signatures in support of the market moving location and expanding to allow off-sale general (Attachment C - Community Outreach).
Environmental Clearance
The proposed use qualifies for CEQA Categorical Exemption under Article 19, Class 1, 15301 Existing Facilities
VOTES
A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to transact business or decide any matter.
Attachment A - Location Map and Aerial Photograph
Attachment B - Liquor License Map
Attachment C - Community Outreach
This staff report was prepared by Assistant Planner Megan Meier, (209) 937-8393,
megan.meier@stocktonca.gov.