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USE PERMIT FOR THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN A PROPOSED MINI-MART LOCATED AT 8142 WEST LANE, SUITE 140
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission approve a Use Permit for the off-sale of general alcoholic beverages in a proposed mini-mart at 8142 West Lane, Suite 140 (Use Permit #P15-060).
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Summary
The applicant submitted a Use Permit application to allow the off-sale of general alcoholic beverages in a proposed mini-mart on the subject site.
DISCUSSION
Background
The proposed 1,300-square foot mini-mart is located near the west end of an existing 7,000-square foot commercial building that is located in the northwest corner of the approximately 21-acre Normandy Village shopping center. The center is located at the northeast corner of West and Hammer Lanes in north Stockton (Attachment A-Location Map, Site Plan and Floor Plan). The site is zoned CG (Commercial, General) and is bounded to the:
• north and east across Knickerbocker Drive by a retail auto parts store zoned CG and duplexes zoned RM (Residential, Medium Density), respectively;
• south across Hammer Lane by a variety of retail uses and restaurants zoned CG; and
• west across West Lane by various retail uses zoned CG.
Present Description
The applicant requests a Use Permit from the Planning Commission to open a mini-mart with the off-sale of general alcoholic beverages (Type 21 License). The proposed hours of operation are from 8 a.m. to 11 p.m., seven days per week. According to the applicant, general alcohol will be displayed in a cabinet behind the counter in the southwest corner of the store. Beer and wine will be displayed in walk-in cooler boxes on the north and east sides of the business. Because less than 20% of the store’s floor area would be devoted to the storage, display and sale of alcohol, the use is not classified as a liquor store. In addition to alcoholic beverages, the applicant will also sell a variety of merchandise, including chips, snacks, candies and bottled/canned beverages in the store.
Proximity to Schools Stockton Municipal Code (known as the Development Code) Section 16.80.040.A requires a minimum separation of 300 feet between an establishment with the off-sale of alcoholic beverages and public or private schools serving students between kindergarten and the twelfth grade. The nearest school to this site, River Oaks Charter School, is located approximately 1,100 feet north of the project site. Two other nearby schools, Clairmont Elementary School and Parklane Elementary School, are located more than 1,700 feet to the northeast and northwest of the project site, respectively, Therefore, the proposed use complies with the noted separation standard.
Census Tract Concentration The project site is located in Census Tract 34.05. Based on an updated population estimate (May 2012) in that geographic area, the State Department of Alcoholic Beverage Control (ABC) determined that a maximum of three off-sale alcoholic beverage establishments are allowed in the census tract. There is currently one active off-sale establishment within the census tract (A J Market at 8118 West Lane, Suite 111), not including the applicant’s requested license. With approval of the Use Permit and the subsequent issuance of a Type 21 license by ABC, a total of two off-sale licenses would be located in the census tract (Attachment B - Locations of Existing Off-Sale Alcohol Licenses). Because the census tract is not over-concentrated, the Planning Commission is not required to make a finding of public convenience or necessity.
Problem Use Requirements In accordance with the development standards and definitions in the Development Code, the off-sale of alcoholic beverages is considered a problem use and additional findings must be made by the Planning Commission in order to approve the subject Use Permit. Those findings address the project’s potential for blight or deterioration in the area and aid in dispersing the use to minimize any adverse impacts. Blight and deterioration are generally a function of property neglect, vandalism, and other factors. The recommended conditions of approval would require the operator of the proposed mini-mart to install a video surveillance system and signs which would serve as deterrents to crime or similar impacts associated with the use. Further, the operation of the proposed mini-mart is not expected to result in blight or deterioration, because the operator and employees involved in the sale of alcoholic beverages would be required, by the recommended conditions of approval, to participate in a Licensing Education of Alcohol and Drugs training course required by ABC. The required Findings of Approval are provided herewith (Attachment C - Findings of Approval).
In conclusion, because the census tract is not over-concentrated for the off-sale alcohol licenses and because the Stockton Municipal Code does not require a distance separation from the proposed off-sale alcohol retail to an existing off-sale alcohol retail, staff recommends that the Planning Commission approve the Use Permit for the off-sale of general alcoholic beverages in the proposed mini-mart located at 8142 West Lane, Suite 140 (Attachment D - Conditions of Approval).
ENVIRONMENTAL REVIEW
Should the Planning Commission approve the subject Use Permit, the project would be categorically exempt, per California Environmental Quality Act (CEQA) Guidelines Section 15301, for the re-use of an existing commercial building.
VOTES REQUIRED
A vote of a majority, or four (4) of the total authorized membership of the Planning Commission, is required for the Commission to take an action on this matter.
Attachment A - Location Map, Site Plan and Floor Plan
Attachment B - Locations of Existing Off-Sale Alcohol Licenses
Attachment C - Findings of Approval
Attachment D - Conditions of Approval