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APPROVAL OF A USE PERMIT TO ALLOW THE OFF-SALE OF BEER AND WINE IN A PLANNED CONVENIENCE STORE AS PART OF THE DEVELOPMENT OF A GASOLINE STATION AND CAR WASH FACILITY AT 10715 TRINITY PARKWAY (P16-0051)
recommended action
RECOMMENDATION
It is recommended that the Planning Commission adopt a resolution approving a Use Permit to allow the off-sale of beer and wine in a planned convenience store as part of the development of a gasoline station and car wash facility at 10715 Trinity Parkway.
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Summary
The Planning Commission was previously asked to consider a Use Permit application submitted by the applicant, Barghausen Consulting Engineers, acting on behalf of the property owner, RAB Property Investments, LLC, to allow the off-sale of beer and wine in a planned convenience store as part of the development of a gasoline station and car wash facility at the above-noted location (Attachment A - Location Map and Aerial Photograph). The Planning Commission’s public hearing for the Use Permit was originally held on April 14, 2016. Following public testimony, the Planning Commission did not concur with staff’s recommendation for denial of the Use Permit and instead directed staff to bring back findings for approval and conditions of approval for the planned use.
DISCUSSION
At its April 14, 2016 meeting, the Planning Commission held a public hearing to consider the subject Use Permit. The applicant and his attorney, as well as the property owner’s attorney, appeared at the hearing and presented testimony in support of the Use Permit. The applicant’s attorney stated that the crime statistics in Crime Reporting District No. 475 that had been provided by the Police Department showed that most of crimes that occurred in the shopping center were related to shoplifting and petty theft in a number of nearby retail stores and that very few of the reported crimes were generated from existing alcohol uses in the area. He indicated that less 20% of the store’s gross floor area would be devoted to the sale, display, or storage of alcohol.
He stated that staff incorrectly assumed that alcohol sales in the convenience store had the potential to result in blight and additional alcohol-related crimes in the area. He indicated that the assumption was not fair to the applicant, because he has operated five (5) ARCO am/pm stores in various locations and has not had any police problems related to alcohol sales. He submitted copies of the crime statistics he received from the Police Department and a copy of a letter of support for the subject use to the Planning Commission (Attachment B - Copies of Crime Statistics and Letter of Support). He also noted that all business owners in the shopping center, including the applicant for the subject Use Permit, must comply with the Covenants, Conditions, & Restrictions (CC&Rs) that are administered by the shopping center’s master developer. He stated that the applicant would accept Use Permit conditions of approval related to alcohol sales.
One opponent to the project raised concerns regarding the lack of necessity for another alcohol business in the area, the number of crimes in the area, the project’s potential impact on police calls for service, and the lack of effectiveness of potential conditions of approval. She also indicated that there is already an adequate number of alcohol establishments in the area of the project site (Attachment C - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses). She stated that adding another alcoholic beverage establishment in the shopping center could have the potential to increase drug-related crimes and other illegal activities.
Following public testimony, members of the Planning Commission noted that the crime statistics that had been provided by the applicant’s attorney indicated that very few of the reported crimes in the shopping center were associated with existing alcohol uses. They also noted that the applicant would have to comply with required operational standards from ARCO, as well as with the shopping center’s CC&Rs, in order to open the planned convenience store. A motion was approved (5 to 1, Davie dissenting; Hernandez absent) to direct staff to bring the Use Permit back to the Planning Commission with a resolution containing findings for approval and conditions of approval. The Commission indicated that the findings should indicate that public convenience or necessity would be served by approval of the project. In addition, the conditions of approval should include no single beverage sales, no malt beverage sales under 40 ounces, no pay phones, and a strict “no loitering” policy.
For the Commission’s information, the applicant has indicated to staff that he will apply for an original off-sale beer and wine license (Type 20) from the State Department of Alcoholic Beverage Control (ABC), rather than attempting to transfer an existing license to the subject site. In accordance with California Business and Professions (B&P) Code Section 23817.5, ABC cannot issue an original off-sale beer and wine license in a jurisdiction that has more than one such license for every 2,500 residents (Stockton exceeds that threshold). However, B&P Code Section 23817.7 contains an exemption that would allow ABC to issue the noted license, if the governing body makes a finding of Public Convenience or Necessity (PCN). As a result, a PCN finding has been included in the proposed Resolution.
ENVIRONMENTAL REVIEW
The proposed project is expected to be in compliance with applicable provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15332, Class 32, as an in-fill development under five acres in size. The proposed use is consistent with the MX (Mixed Use) General Plan designation and applicable Development Code requirements. The subject use would not result in any significant, adverse impacts related to traffic, noise, air quality, or water quality and would be adequately served by all required utilities and public services.
Attachment A - Location Map and Aerial Photograph
Attachment B - Copies of Crime Statistics and Letter of Support
Attachment C - Locations of Active On-Sale and Off-Sale Alcoholic Beverage Licenses
The staff report was prepared by Senior Planner Jenny Liaw
(209) 937-8316; jenny.liaw@stocktonca.gov