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USE PERMIT TO UPGRADE FROM THE OFF-SALE BEER AND WINE TO OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING MINI MART LOCATED AT 1255 BUENA VISTA AVENUE (P17-0695)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission approve a resolution for a Use Permit to upgrade from off-sale beer and wine to off-sale general alcohol in an existing mini-mart at the noted address, based on the findings and conditions of approval detailed in the proposed resolution.
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Summary
Khalid Almahri is applying for an Alcohol and Beverage Control (ABC) license upgrade from type 20 (off-sale beer and wine) to type 21 (off-sale general alcohol) in an existing mini-mart located at 1255 Buena Vista Avenue.
The site holds a valid Use Permit issued in 1979 for off-sale beer and wine. Because the original ABC license was canceled in 2002, the applicant applied for a new ABC license which required a finding of Public Convenience or Necessity. A Finding of Public Convenience was made in 2015 allowing an additional off-sale license in an overconcentrated census tract.
Stockton Municipal Code SMC 16.80.040.D (C) requires a new Use Permit for ABC license upgrades. ABC upgrades are exempt from separation requirements from sensitive uses The upgrade will not result in a net increase in off-sale licenses in the census tract, the subject site is not located in a high crime reporting district, and additional conditions placed on the new permit will mitigate any potential negative impact on the surrounding neighborhood. Therefore, staff recommends approval of a Use Permit for the off-sale of general alcohol.
DISCUSSION
Background
In 1976, the Stockton Planning Commission approved a Use Permit (Attachment A - UP064-76) to allow the off-sale of beer and wine in an existing grocery store at 1255 Buena Vista Avenue. The type 20 ABC license at the same location was canceled in 2002. In 2015, the applicant applied for a new type 20 ABC license, and as a result, a Public Convenience or Necessity (PCN) finding was required from the City. The City Manager’s Office issued a PCN finding on July 29th 2015 (P15-0264), upon recommendation from Planning and Police Department staff, which noted that the site has not generated a significant number of calls for service, and the Police Department did not have any adverse comments regarding the mini-mart (Attachment B - PCN Finding).
The site is part of an existing multi-tenant commercial space located on 0.63 acres and zoned CN (Commercial Neighborhood). The site is bounded to the:
• North by Lucerne Avenue, and single family residences in a Residential Low-Density Zone and a commercial building in a Commercial Neighborhood Zone;
• West by San Juan Avenue and single family residences zoned Residential Low Density;
• East by Buena Vista Avenue and single-family homes zoned Low-Density Residential;
• South by West Rose Street, and various commercial buildings in a Commercial neighborhood Zone.
Project Description
The applicant, Khalid Almahri, is applying for an Alcoholic Beverage Control (ABC) license upgrade from Type 20 (off-sale beer and wine) to Type 21 (off-sale of general alcohol) in an existing mini-mart located at 1255 Buena Vista Avenue (Attachment C - Location Map and Aerial Photo).
The mini-mart is approximately 4,352 square feet. According to the applicant, general alcohol will be located on shelves behind the cashier, involving sales staff assistance in all liquor purchases. The existing beer and wine will be located in a refrigerated area to the west of the building. If more than 20% of the store’s gross area is dedicated to alcohol the use would be designated as a liquor store. The total square footage dedicated to beer and liquor at the subject site will be approximately 65 square feet, or 1.5% of the store’s gross floor area. The mini-mart falls well under the 20% maximum, and therefore will retain the mini-mart land use designation. (Attachment D- Floor Plan)
Location Restrictions
Proximity to Schools and Parks
Stockton Municipal Code (SMC) section 16.80.040.D(2)(C) states that establishments upgrading an existing ABC license are exempt from the separation requirements from parks and schools. However, for the Planning Commission’s information, Victory Elementary School is within 200 feet of the subject property.
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. 0138. 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. 0138 had 56 Part 1 crimes reported from 2013 through 2015. That number is -34.12% below the average number of crimes in the City for that period: 85. Therefore, the subject use complies with the noted restriction. Stockton Police Department had no comment on the project referral.
Concentration
Stockton Municipal Code SMC 16.80.040.D(2)(c)(i)(A) requires that an ABC license upgrade not result in a net increase of off-sale licenses. The project is located within Census Tract 9.00. Based upon the population in that census tract, ABC has determined that four (4) off -sale licenses are permitted. Currently, census tract 9.00 has five (5) active ABC licenses, which includes the applicant's license. Because the applicant will surrender or transfer the type 20 license when the type 21 license is issued there will not be a net increase in ABC licenses in the subject census tract. Therefore, a Public Convenience or Necessity (PCN) finding is not required, and the project will comply Stockton Municipal Code requirements.
SMC 16.80.040.D(2)(d)(ii) states that if a license upgrade is located within 500 feet of an existing off-sale license or the upgrade would result in a grouping of 4 or more off-sale licenses within a 1,000-foot radius; this would be grounds for denial of the Use Permit. The subject property currently has one off-sale license within a 1,000-foot radius, located in an existing grocery store at 1832 Monte Diablo Avenue (Attachment E - Liquor License Locations). Therefore, the subject location complies with the noted restrictions.
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
The proposed use is consistent with all required general findings relating to General Plan and zoning consistency, strengthening the integrity and character of the area, physical suitability of the site for the proposed use, health and safety, compatibility with surrounding uses, and environmental impacts. The use is allowed within the Commercial Neighborhood (CN) zone with a use permit and meets Development Code requirements.
200-Year Flood Protection: In accordance with SMC section 16.90.020A.5 the City finds, based on substantial evidence in the record, that the property is located in an area of potential flooding of three feet or less from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage. Therefore the shallow flood exemption applies. The substantial evidence in the record consists of the effective 200-year floodplain map and data, determined by the Director.
Problem Use Findings
Section 16.168.050.B contains the following three specific Findings for Problem Uses. The proposed use as conditioned is not likely to interfere with the comfortable enjoyment of life or property in the area; not increase or encourage the deterioration or blight of the area; and not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential.
Alcohol Beverage Findings
Section 16.168.050.C contains the four specific Findings for Alcoholic Beverages. The Findings address the project’s potential to result in nuisance activities on and in proximity to the subject. The completion of a training course in Licensee Education on Alcohol and Drugs (LEAD), compliance with all provisions of local, state and federal laws, rules, and regulations. A finding of Public Convenience or Necessity is not required for this project as it will not result in a net increase in ABC licenses. Staff believes all required findings can be made for the project as provided in the resolution.
The recommended Conditions of Approval require the business operator to comply with all applicable provisions of City, State, and Federal regulations as well as various security requirements, which are designed to mitigate any potential issues. Therefore, staff recommends approval of the use permit for off-sale general alcohol with recommended findings as detailed in the Resolution.
Public Comments
Staff has received a letter of opposition from the Stockton Unified School District (SUSD) as the location for the proposed alcohol license upgrade is within 200 feet of Victory Elementary. In the letter, SUSD stated concerns about the increased availability of alcohol for minors and the potential increase in crime, loitering, and public intoxication associated with the sale of liquor (Attachment F - Letter of Opposition SUSD).
Environmental Clearance
The proposed action is a Categorically Exempt use, in accordance with the provisions of Section 15301, Class 1, of the California Environmental Quality Act (CEQA) for existing facilities, as the project will be reusing an existing building with only minor interior and exterior alterations and rehabilitation proposed. The site has existing infrastructure and access to public utilities.
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 - UP064-76
Attachment B - Finding of Public Convenience
Attachment C - Location Map and Aerial Photo
Attachment D - Floor Plan
Attachment E - Liquor License Location
Attachment F - Letter of Opposition SUSD
This staff report was prepared by Assistant planner Kanoa Kelley, (209)937-7564; Kanoa.Kelley@stocktonca.gov.