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APPROVE A RESOLUTION REFLECTING THE PLANNING COMMISSION’S NOVEMBER 9, 2023, INTENT TO APPROVE A USE PERMIT TO ESTABLISH A CONVENIENCE STORE WITH THE OFF-SALE OF BEER AND WINE, FUELING STATION, AND GENERAL MERCHANDISE, WITH A CAR WASH FACILITY, AT 9036 THORNTON ROAD (P23-0083) (APN 072-410-43)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission approve a resolution that reflects the Commission’s November 9, 2023 intent to approve a Commission Use Permit, requiring a Waiver of the location restrictions related to overconcentration of existing licenses in the census tract and proximity to existing off-sale establishments, at a proposed convenience store located at 9036 Thornton Road (APN 072-410-43), in accordance with the findings and subject to the conditions conveyed on the record and captured on the proposed resolution.
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SUMMARY
On November 9, 2023, the Planning Commission considered a Use Permit (UP) to allow a proposed convenience store with the off-sale of beer and wine. The approval of the convenience store requires the waiver of the 500’ separation requirement to an existing off-sale establishment, the waiver of the grouping maximum of four (4) within a 1,000’ radius, and the approval of a Public Convenience and Necessity determination for the State of California’s Alcohol Beverage Control (ABC). (Attachment A - Planning Commission Staff Report)
Following public testimony and discussion, the Planning Commission unanimously approved Motion 2023-11-09-0501 directing staff to bring back a resolution approving the UP and a Waiver with appropriate findings, that includes standard conditions for the requested off-sale of beer and wine use Clarification was provided to limit the sale of alcohol between the hours of 6AM and 10PM. The proposed resolution carries out the Planning Commission’s direction.
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.