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REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF BEER AND WINE IN A PROPOSED CONVENIENCE STORE WITH GASOLINE SALES AND AN ADMINISTRATIVE EXCEPTION TO REDUCE THE NUMBER OF REQUIRED OFF-STREET PARKING SPACES AT 6009 NORTH EL DORADO STREET (P16-0342)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution denying the following requests:
1. A Use Permit to allow the off-sale of beer and wine in a proposed convenience store with gasoline sales; and
2. An Administrative Exception to allow the reduction of required off-street parking from 21 spaces to 18 spaces at 6009 N. El Dorado Street.
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Summary
The applicant, Grin Investments, Inc. has submitted the two above-noted applications. The subject site, located at the northwest corner of El Dorado Street and Swain Road is proposed to be developed with a 3,180-square foot convenience store with the off-sale of beer and wine and gasoline sales. The proposed use is required to have 21 off-street parking spaces (one parking space per 150 square feet of gross floor area). The site plan provides only 18 parking spaces. The applicant, therefore, submitted an Administrative Exception application to request a reduction of three (3) parking spaces. The shortage of available on-site parking has the potential to result in parking on non-designated areas of the site and may impair site access that could cause traffic queuing on the site and delays on El Dorado Street and Swain Road. Further, the requested Use Permit to allow the off-sale of beer and wine in a planned convenience store does not comply with the provisions of Stockton Municipal Code (SMC) Section 16.080.040 related to Location Restrictions for alcohol uses; specifically, the site’s proximity to sensitive land uses, location in a high Crime Reporting District, and proximity to other alcoholic beverage sales establishments. As a result, staff is recommending that the Planning Commission deny both applications, based on the recommended Findings for Decision in the Proposed Resolution.
DISCUSSION
Background
The subject site has two previously-approved Use Permits (UP075-59 and UP122-62) that authorized the construction and remodeling of a gasoline station in 1959 and 1962, respectively. A subsequent Use Permit (UP053-82) was submitted in 1982 to request the off-sale of beer and wine in a proposed convenience store. That Use Permit was denied by the Planning Commission, based upon concerns raised by area residents regarding a potential increase in loitering, late-night noise, drinking, and vandalism in the surrounding residential neighborhood. The gasoline station was demolished in 1983 and the site is currently vacant.
The project site is comprised of two zoning districts: CG (Commercial, General) on the north side and CN (Commercial, Neighborhood) on the south side of the property. The subject site is bounded to the:
• north by a parking lot for an existing shopping center zoned CG;
• east across El Dorado Street by various office uses zoned CO (Commercial, Office);
• south across Swain Road by office uses zoned CO; and
• west by a commercial building zoned CG and a church (Mayfair Christian & 7th Day Adventist) zoned RL (Residential, Low-Density) and CO (Attachment A - Location Map and Aerial Photograph).
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The General Plan designates the project site for Commercial land uses. This land use designation and the accompanying CN and CG zoning conditionally allow a convenience store with the off-sale of beer and wine and gasoline sales, subject to securing an approved Use Permit from the Planning Commission.
The project site, an approximately 0.6-acre vacant site, is located in the southeast corner of an existing approximately 5.7-acre shopping center, located at the northwest corner of El Dorado Street and Swain Road. The subject site is proposed to be developed with a 3,180-square foot convenience store on the north side of the property and a proposed gasoline dispensing area, consisting of six (6) gas pumps with 12 fuel dispensers under a canopy, on the south side of the site (Attachment B - Site and Floor Plans and Color Elevations).
SMC Section 16.80.040 defines liquor stores as businesses having more than 20 percent of their gross floor area devoted to the sale, storage, and/or display of alcohol. The applicant has advised staff that the convenience store would not have more than 20% of its gross floor area devoted to the sale, display, and/or storage of alcohol, thereby avoiding classification as a “liquor store.” The planned hours of operation for the convenience store and gasoline sales would be 24 hours per day, seven days a week. The sale of alcoholic beverages would comply with State Department of Alcoholic Beverage Control (ABC) regulations and be offered between 6:00 a.m. and 2:00 a.m., seven days a week. With respect to the required off-street parking, the subject use is required to have 21 on-site parking spaces, based upon the Development Code’s standard of one parking space for every 150 square feet of gross floor area. The site plan only provides 18 parking spaces, which does not comply with SMC Section 16.64.040, Table 3-9, Parking Requirements by Land Use.
Use Permit
The subject site is located in a Census Tract that is over-concentrated with off-sale alcohol licenses and does not comply with the SMC’s Location Restrictions for the off-sale of alcoholic beverages, including the site’s proximity to sensitive land uses, location in a high Crime Reporting District, and proximity to other alcoholic beverage sales establishments.
Census Tract Overconcentration
The project site is located in Census Tract 33.07. Based upon the population in that geographic area, ABC has determined that three off-sale alcoholic beverage establishments are allowed within the Census Tract. There are currently nine active off-sale licenses in the census tract, including the applicant’s pending active license (Attachment C - Census Tract Liquor Licenses). The area is, therefore, overconcentrated with respect to off-sale establishments. The applicant is proposing to purchase an existing off-sale beer and wine license (Type 20) at 6230 Pacific Avenue (Canepa’s Carwash) and transfer it to the subject site within the same census tract. According to ABC staff, transferring a license in the same census tract will not result in a net increase in the number of active licenses and not increase the existing overconcentration. As a result, a finding for a Public Convenience or Necessity (PCN) is not required to be made by the Planning Commission.
Location Restrictions
Stockton Municipal Code (SMC) Section 16.80.040 outlines locational criteria for alcoholic beverage sales establishments.
Proximity to Schools and Parks
Section 16.80.040.D.2.a requires a minimum separation of 500 feet between a new off-sale alcoholic beverage establishment and public or private academic schools for students in kindergarten through 12th grade, nursery schools, preschools, day care facilities, public parks, playgrounds, recreational areas, or youth facilities. The nearest schools, Hong Kingston Elementary at 6324 Alturas Avenue and Valenzuela Elementary at 52 West Benjamin Holt Drive (both are Stockton Unified School District facilities), are approximately 710 and 825 feet to the northwest of the subject site. Adams Elementary, at 6315 Alturas Avenue (SUSD), is approximately 1230 feet to the northwest of the subject site. According to records maintained by the San Joaquin County Office of Education, there are no County One Schools located within 500 feet of the project site. However, there is an existing public park (Anderson Park) at 6201 N. El Dorado Street that is located approximately 400 feet to the north of the subject site. Due to the proximity of the noted park, the subject use does not comply with the noted minimum required separation.
High Crime Reporting District
SMC Section 16.80.040.D(2)(d)(ii)(A) provides that a business with the off-sale of alcoholic beverages may not be located in a Crime Reporting District (CRD), where the average number of crimes in that district exceeds the average number of crimes for all CRDs Citywide by more than 20 percent. The project site is located in CRD No. 339 (Attachment D - Crime Reporting District). For the purpose of tabulating CRD crime statistics, the Police Department tracks only Part 1 crimes, which consist of homicide, rape, robbery, aggravated assault, burglary, auto theft, larceny, and arson. According to statistics maintained by the Police Department, CRD No. 339 had 181 Part 1 crimes reported from 2013 through 2015. That number is 112.94% above the average number of calls in the City for that period: 85. Therefore, the subject use does not comply with the noted restriction.
Proximity to Other Alcoholic Beverage Sales Establishments
Section 16.80.040.D(2)(d)(ii)(B) provides that the establishment shall not be located within 500 feet of an existing off-sale alcoholic beverage establishment or in any location that would lead to the grouping of more than four (4) off-sale alcoholic beverage establishments within a 1,000-foot radius. There are two (2) off-sale alcoholic beverage establishments within a 500-foot radius of the subject site and two (2) off-sale alcoholic beverage establishments within a 1,000-foot radius of the project site. Based on the above information, the subject use does not comply with the noted 500-foot minimum separation requirement.
Waivers
The SMC provides the applicable Review Authority with the discretion to waive the above-noted Location Restrictions to promote and support local economic business growth throughout the City. The following General Plan Policies are relevant to the requested waiver of the noted Location Restriction:
• Land Use Policy No. LU 4.1: The City shall encourage the upgrading, beautification, revitalization, and appropriate reuse of existing commercial areas and shopping centers;
• Traffic and Circulation Policy No. 2.20: The City shall require a sufficient supply of off-street parking for all land uses in order to reduce congestion, improve overall operation, and ensure land use compatibility.
The subject use does not reflect consistency with the above-noted City General Plan Polices. While the development of the proposed use can be expected to upgrade, revitalize, and beautify the existing shopping center by the development of a vacant lot, the shopping center already has two active off-sale alcohol establishments to serve the commercial and residential neighborhood surrounding the subject site. Allowing another off-sale alcohol establishment in an over-concentrated area would not represent “appropriate reuse” of the shopping center, as it is contrary to the Development Code and would not add needed goods or services that are not already provided in the area. Therefore, the overall shopping center does not promote and support economic growth in the area and staff recommends that the noted Location Restrictions not be waived.
Findings
The Development Code contains specific Findings, all of which must be made in the affirmative to support the approval of a Use Permit. If one or more of the Findings cannot be made, the Use Permit cannot be approved.
General Findings
There are seven required General Findings in SMC Section 16.168.050.A. They require compliance with all applicable provisions in the SMC; maintaining the integrity and character of the applicable zoning district; consistency with applicable General Plan objectives and policies; physical suitability of the site for the proposed use; not endangering or jeopardizing the public health, safety, peace, or general welfare of the public; compatibility with surrounding uses; and consistency with the California Environmental Quality Act. With respect to these General Findings, the project does not comply with applicable provisions of the Development Code, because the proposal is not consistent with the three (3) noted Location Restrictions. As noted, staff has determined the waiver of these restrictions is inappropriate. Also, as indicated in the Proposed Resolution, the subject use does not strengthen the integrity of the surrounding area and could jeopardize or be hazardous to public peace and welfare and could be incompatible with surrounding land uses.
Problem Use Findings
Section 16.168.050.B contains three specific Findings for Problem Uses, which 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 subject use, which involves the off-sale of alcoholic beverages in a planned convenience store, is defined by the Development Code as a Problem Use. In addition to the required Findings for Problem Use, the subject use must comply with the criteria contained in SMC Section 16.80.270, Standards for Problem Uses. Those criteria address the proximity of other Problem Uses; the effect of dispersal or concentration of problem uses in the general area; the effect that the proposed use is likely to have on the neighborhood; the noise, traffic, and/or visual impacts, as well as other relevant factors, on the compatibility of the proposed use with the surrounding institutional, business, and residential uses; the potential of the proposed use to create or increase loitering or vandalism in the area; and the degree that traffic safety, both on- and off-site, will be adversely affected by the proposed activity.
As noted in the Proposed Resolution, the proposed use is likely to interfere with the comfortable enjoyment of life or property in the area due to its potential adverse impact on crime problems in the area. No evidence has been submitted to staff to confirm that the subject use would not result in blighting or deterioration in the area and would not adversely affect the conservation and improvement of the area.
Alcoholic Beverage Findings
Section 16.168.050.C contains four specific Findings for Alcoholic Beverages. The first finding addresses the project’s potential to result in nuisance activities on and in close proximity to the subject site. The three remaining findings deal with training in ABC alcohol regulations, compliance with applicable governmental regulations, and the possible need for an ABC Public Convenience or Necessity Finding and do not need to be addressed, because staff is recommending that the Planning Commission deny the project. With respect to the first of the required Findings, the Proposed Resolution states that the use can be expected to result in nuisance activities, due to the additional calls for police service that be expected from the use. The document also notes that the project site is located in an area that already experiences a high level of crime problems.
Administrative Exception
SMC Section 16.112.030, Table 5-1, Allowable Administrative Exceptions, allows a maximum 20 percent decrease in the number of required off-street parking spaces. The applicant submitted the Administrative Exception application to reduce the number of required off-street parking spaces from 21 to 18 spaces (approximately 14%). In accordance with the provisions of SMC Section 16.112.050, approval of an Administrative Exception is subject to five specific Findings of Fact. Those Findings generally address whether the standard represents a hardship, the physical suitability of the site, and the project’s impact upon public health and safety.
Based upon Engineering Section staff’s evaluation of the proposed site plan, the requested reduction of off-street parking spaces has the potential to result in parking occurring in non-designated areas on the site, which could disrupt on-site traffic circulation and impair site access that could cause excessive queuing and delays in the intersection of El Dorado Street and Swain Road. Additionally, granting the exception does not comply with the following General Plan Policy: The City shall require a sufficient supply of off-street parking for the proposed use to reduce congestion, improve overall operation, and ensure land use compatibility (Traffic and Circulation Policy No. TC-2.20), because the subject site is not large enough to accommodate the Development Code’s required number of off-street parking spaces. While the overall shopping center has an adequate number of parking spaces to accommodate both existing and proposed uses,
the applicant has been unable to secure a reciprocal parking agreement for the subject use. Without an adequate number of parking spaces, the project’s on-site stacking and queuing problems have the potential to adversely affect adjacent rights-of-way. Staff, therefore, recommends denial of the Administrative Exception, according to the recommended Findings in the Proposed Resolution.
Public Comments
Staff has provided both legal advertisement and public notice to the surrounding neighborhood, as required by the Development Code, and, to date, has not received any public communication on the proposed project. The Police Department, Code Enforcement, other City departments have also received the public notice for 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 - Site and Floor Plans and Color Elevations
Attachment C - Census Tract 33.07/Liquor Licenses
Attachment D - Crime Reporting District
This staff report was prepared by Senior Planner Jenny Liaw; (209) 937-8316, jenny.liaw@stocktonca.gov