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APPROVAL OF A USE PERMIT TO ALLOW THE OFF-SALE OF BEER AND WINE IN AN EXISTING MEAT MARKET AND BAKERY AT 944 WATERLOO ROAD (P15-339)
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving a request for a Use Permit to allow the off-sale of beer and wine in an existing meat market and bakery at 944 Waterloo Road.
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Summary
The City Council was asked to consider an appeal submitted by the business owner, Eduardo Buenrostro, of the Planning Commission’s January 14, 2016 denial of a Use Permit application which would have allowed the off-sale of beer and wine in an existing meat market and bakery at the above-noted location (Attachment A - Appeal Letter). The City Council’s public hearing for this appeal was held on March 29, 2016. Following public testimony, the City Council directed staff to bring back findings for approval and conditions of approval in order to overturn the Planning Commission’s denial of the Use Permit to allow the off-sale of beer and wine in an existing meat market and bakery at 944 Waterloo Road (Attachment B - Location Map and Aerial Photograph).
DISCUSSION
Background
On September 17, 2015, the applicant submitted a Use Permit application to allow the off-sale of beer and wine in his meat market and bakery at 944 Waterloo Road. On January 14, 2016, the Planning Commission held a public hearing on this application and received testimony from the applicant in support of his request. During the hearing, he also submitted photos showing the interior and exterior of the existing commercial building on the project site, as well as of a family-owned business on south Center Street (Attachment C - Photos of Buildings) and copies of petitions containing the names and signatures of more than 300 of his customers in support of his proposed Use Permit (Attachment D - Public Petitions).
Following public testimony, members of the Planning Commission expressed concerns related to the overconcentration of alcoholic beverage sales establishments in the census tract (Attachment E - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses), high crime statistics in the subject site’s Crime Reporting District, and illegal activities occurring in the vicinity of the project site. At the conclusion of the hearing, a motion was made and approved (7-0) to deny the subject Use Permit. On January 19, 2016, the applicant filed an appeal of the Planning Commission’s denial of the requested Use Permit.
City Council Action
At its March 29, 2016 meeting, the City Council held a public hearing on the appeal. The applicant and his alcohol beverage broker appeared at the hearing and presented testimony in support of his appeal, including the following facts: His family has operated grocery stores/markets with the off-sale of alcoholic beverages at various locations around Stockton for 30 years and has not had any police problems related to alcohol sales; The store’s hours of operation are from 7:00 a.m. to 7:00 p.m., seven days a week, and that would not change if the Use Permit is approved; and adding alcohol sales in his store would allow his business to compete with other similar retail businesses that already offer the off-sale of alcoholic beverages in the vicinity of the project site.
Following public testimony, members of the City Council noted that the proposed use would not increase deterioration or blighting in the area, because the applicant maintains his store and his family has a good history of operating markets with alcoholic beverage sales in various locations in the City. The City Council also asked staff to explore a hybrid type of use permit. Staff has researched this issue and believes that the project as proposed with the conditions of approval provides adequate assurances that this project will be in compliance and similar to other use permits will be subject to a modification or revocation process should potential problems ever occur. Finally, it was also noted that approval of the proposed use would not generate a hazard to the public health, safety, or general welfare of persons residing or working in the neighborhood of the subject site, because a video surveillance system and exterior lighting would be installed around the commercial building to decrease illegal activities related to alcohol uses.
At the conclusion of the hearing, a motion was made (5-2, Tubbs and Holman dissenting) to direct staff to bring the Use Permit back to the City Council with a resolution containing findings for approval and conditions of approval. For the Council’s information, approving the proposed off-sale beer and wine use would exacerbate the existing over-concentration of such licenses in the area, as defined by State Department of Alcoholic Beverage Control (ABC) regulations. As a result, ABC regulations require that a finding of Public Convenience or Necessity (PCN) be made by the City Council in order for ABC to issue an off-sale alcohol license for the subject site. The PCN finding has been included in the proposed City Council Resolution (Finding No.1. h).
ENVIRONMENTAL REVIEW
The subject Use Permit is categorically exempt, per California Environmental Quality Act (CEQA) Guidelines Section 15301, as the establishment of additional use in the existing facility.
Attachment A - Appeal Letter
Attachment B - Location Map and Aerial Photograph
Attachment C - Photos of Buildings
Attachment D - Public Petitions
Attachment E - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses