title
USE PERMIT TO ALLOW THE OFF-SALE OF BEER AND WINE AT 836 E MINER AVENUE (P16-0263)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution denying a Use Permit to allow the off-sale of beer and wine at 836 E Miner Avenue, in accordance with the Findings for Decision detailed herein.
body
Summary
Applicant, Sandhia Devi Sharma, is seeking to add the off-sale of beer and wine (Type 20) to an existing mini-market located at 836 E Miner Avenue, between Aurora Street and Grant Street (Attachment A - Location Map and Aerial Photograph).
DISCUSSION
Background
The site is zoned IL (Light Industrial), and is bounded to the:
• north and west by used car sales and warehouses zoned Downtown Commercial (CD)
• east by the ACE train station zoned Light Industrial (IL)
• south by residential zoned Light Industrial (IL)
The General Plan designates the project site for Commercial land use. This land use designation along with the Light Industrial (IL) zoning allows for off-sale beer and wine with approval of a Use Permit.
The applicant is proposing to add a three-door eight-foot-wide cold case that will hold approximately five shelves of alcoholic beverages. The existing mini-market is 1,300 square feet with the alcohol sales and storage space proposed to account for approximately 10 percent or 130 square feet of the total floor area. The mini-market operates limited hours of 6am to 7:30pm seven days a week. The applicant has indicated that they have outside security lighting and video surveillance cameras in and outside the building for added security. The California Department of Alcoholic Beverage Control (ABC) has indicated that the applicant has filed a request to transfer their Type 20 alcohol license that they had acquired for their previous location at 48 N California. At the previous mini-market location, the operator had been cited for three ABC violations, including two violations for alcohol sales to minors in 2009 and 2011 (Attachment B - ABC Violation Information).
Location Restrictions
Stockton Municipal Code (SMC) Section 16.80.040 outlines locational 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
The current 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.
High 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 greater downtown area (crime reporting district 103 has a higher than average crime rate of 269, which is 216% above the City average. Therefore, the proposed use does not comply with this location restriction due to a higher than average crime rate.
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.
The project site does not have another off-sale location within 500 feet or within a 1,000-foot radius of the proposed location, so the addition of the proposed use would not exceed either the 500-foot separation rule or the limit of four off-sales within the 1000-foot radius. (Attachment C- Liquor License Map). Therefore, the proposed use complies with this location restriction.
Census Tract
SMC section 16.80.040.D.2.c indicates that transferring an existing off-sale alcoholic beverage license from one location to another location within the same census tract where there already exists an over-concentration of alcoholic beverage licenses shall not result in a net increase of the number of such licenses, and the transferred license shall comply with the location restrictions of SMC 16.80.040.D.2.a (separation from schools and parks) and surrender a previously-approved commission use permit, if applicable, at the original location from the property owner.
The applicant has applied with ABC to transfer its Type 20 license from its previous location within the same census tract. In accordance with ABC’s regulation, a Public Convenience or Necessity (PCN) finding for a Type 20 license would not be required, because the license is moving within the same census tract (1.00) where the license count does not change. The previously-licensed location did not have a commission-approved use permit, but was a “deemed approved” use and therefore there is no use permit to surrender.
The project site is located in Census Tract 1.00. 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 nine (9) 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 and not increase the existing over-concentration.
Because the site is located in an over-concentrated census tract but it does not increase the overconcentration or net number of licenses, and there is no use permit to surrender at the prior location, the proposal complies with this location restriction.
Findings
The Development Code lists a number of findings that must be made in order to support the approval of a use permit. All of the required findings must be made in order to approve the requested use permit. If one or more findings cannot be made, then the use permit must not 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.
With respect to the general findings, staff recommends that the commission find that the proposal is not consistent with one of the locational restrictions and does not therefore comply with the applicable provisions of the Development Code, and for the same reason does not strengthen the integrity of the neighborhood, would jeopardize the public peace and welfare, and would be incompatible with surrounding land uses.
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 following is a discussion of the Problem Use findings:
1. The proposed use is likely to interfere with the comfortable enjoyment of life or property in the area. The applicant has failed to provide any evidence that relocating the alcoholic beverage sales establishment would not negatively impact the area. According to the Police Department’s newly updated crime report statistics (2013 through 2015), the average number of crimes reported in all of the Citywide Crime Reporting Districts is 85. The project site is located in Crime Reporting District No. 103. The average number of crimes reported in this district is 269, which exceeds the average by 216%. The Police Department considers those districts with an average of 20% or more above the average to be High Crime Reporting Districts. Therefore, the project site is located in a High Crime Reporting District. Relocating this Problem Use in the area has the potential to increase vagrancy and illegal activities and is expected to result in additional calls for police service.
2. The proposed use will increase or encourage the deterioration or blight of the area, because there are nine (9) active off-sale licenses in the subject site’s census tract. The area surrounding the proposed use is adequately served by the existing alcohol sales outlets. Continuing the overconcentration of alcoholic beverage sales establishments has the potential to worsen safety problems in the neighborhood due to increased crimes, illegal activities, and drunkenness, as well as by increasing or encouraging deterioration or blight in the area.
3. The establishment of the proposed off-sale alcohol use in the area will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential, in the subject neighborhood, because no such programs exist in the area. However, the proposed alcohol establishment will be contrary to the conservation, improvement, and redevelopment of the area, because such establishments have the potential to increase alcohol-related illegal activities, which would adversely affect the quality of life for area residents.
Because the site is located in a very high crime rate district with a call rate of 216% above the City average and the findings noted above, staff recommends denial of the Use Permit application.
Public Comments
Staff has not received any public communication on the proposed project.
The Planning and Engineering Division of the Community Development Department, the Police Department, Code Enforcement, other City departments and the surrounding neighborhood have been notified of this request.
Environmental Clearance
Denial of the application does not constitute a project under the California Environmental Quality Act (CEQA) and, therefore, no environmental analysis is needed for the proposed use.
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 - ABC Violation Information
Attachment C - Liquor License Map
This staff report was prepared by Assistant Planner Megan Meier, (209) 937-8393,
megan.meier@stocktonca.gov.