title
REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF BEER AND WINE IN AN EXISTING MINI-MART AT 6025 PACIFIC AVENUE (P17-0658)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution approving a Use Permit to allow the off-sale beer and wine in an existing mini-mart (LK Mini-Mart) at 6025 Pacific Avenue, in accordance with the Findings for Decision detailed herein.
body
Summary
The applicant, Lalita Kiran, is requesting a Use Permit at the subject site, to allow the off-sale of beer and wine (Alcohol Beverage Control (ABC) License Type 20, Off-Sale Beer & Wine) in an existing mini-mart in response to customer requests and to promote and support business growth. In accordance with Stockton Municipal Code (SMC) Section, Table 2-2, Allowable Land Uses and Permit Requirements, a Commission Use Permit is required for the off-sale alcoholic beverages in retail stores. Pursuant to SMC Sections 16.80.040. D. 2. a. and d.ii., the subject use complies with the three required location restrictions: proximity to sensitive land uses, not being located in a High Crime Reporting District, and proximity to other alcoholic beverage sales establishments.
The Applicant’s business is located in a census tract which is overconcentrated for the off-sale alcoholic beverages under ABC regulations (three allowed and eight active). This Use Permit request, if approved, will add an additional off-sale alcohol license to the existing overconcentration of such licenses in the area. ABC regulations require a finding of Public Convenience or Necessity (PCN) to issue an off-sale license in the census tract.
According to SMC 16.80.040.D.2.d.ii, the Planning Commission may exercise its discretion to waive location restrictions (alcoholic beverage sales) to promote and support local business growth. The applicant is requesting, and staff supports, the Commission’s exercise of discretion to approve a waiver to allow an additional off-sale alcohol establishment in the existing overconcentrated census tract to promote and support local business growth. Further, staff recommends that the Planning Commission approve the Use Permit, because it will have conditions of approval, which will mitigate potential negative impacts on the subject site and the surrounding neighborhood, in accordance with the recommended Findings in the Resolution.
DISCUSSION
Background
The subject site is designated under the General Plan as Commercial and is zoned Commercial General (CG). The applicant is requesting to allow the off-sale of beer and wine in an existing mini-mart located at 6025 Pacific Avenue. The subject site is bounded to the:
• North and south by various commercial uses zoned CG;
• east across Pacific Avenue by offices and various retail uses zoned CG; and
• west of an existing mini-storage facility zoned CG (Attachment A - Location Map and Aerial Photograph).
Present Situation
The applicant has been operating the mini-mart since July of 2016. The mini-mart is approximately 1,200 square feet and situated at the southern end of a commercial building. The applicant is requesting a Use Permit to allow the off-sale of beer and wine in the store in response to customer requests and to promote and support business growth. The applicant proposes to devote no more than 20 percent of the store’s gross floor area to the sale, display, and/or storage of alcohol, thereby avoiding classification as a “liquor store,” pursuant to SMC Section 16.80.040.C., “Alcoholic Beverage Sales Activity.” According to the applicant, beer and wine will be displayed in an existing walk-in cooler on the northeast side of the store (Attachment B - Site and Floor Plans). The operator would continue to offer other merchandise for sale in the store. The business hours for the mini-mart are from 10 a.m. to 8 p.m., Monday through Saturday and 1:00 p.m. to 8:00 p.m. on Sunday.
Location Restriction
Stockton Municipal Code (SMC) Section 16.80.040.D. 2. a. and d.ii, contain the following Location Restrictions for new 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, daycare facilities, public parks, playgrounds, recreational areas, or youth facilities. Staff conducted a field check on May 8. 2018, and found that there were no such facilities within 500 feet of the project site. The subject use complies with the noted minimum required separation.
High Crime Reporting District
SMC Section 16.80.040.D.2.d.ii.(A) provides that 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 Crime Reporting Districts citywide by more than 20 percent. The project site is located in CRD No. 276. According to the Police Department’s crime reporting statistics, the average number of crimes reported in all of the Citywide CRDs is 85. The number of crimes reported in the subject CRD is 87, exceeding the citywide average by 2.35 percent, which is within the 20 percent allowed. The proposed use complies with the CRD location restriction.
According to the Calls for Service (CFS) statistics from the Police Department, the location at 6205 Pacific Avenue had a total of 12 CFS between February 1, 2017, and January 1, 2018. Two (2) of the CFS were related to a person being shot and a disturbance. Staff contacted the Police Department to verify two incidents on August 15 and 18, 2017, respectively. A response from the Police Department stated that both incidents occurred in the area surrounding the site and did not take place on the subject premise.
Proximity to Other Alcoholic Beverage Sales Establishments
Section 16.80.040.D (2)(d)(ii)(B) provides that an off-sale alcohol establishment shall not be located in an area within 500 feet of an existing off-sale alcoholic beverage establishment or in a location that would lead to the grouping of more than four (4) off-sale alcoholic beverage establishments within a 1,000-foot radius. In accordance with the ABC’s records, there are no other off-sale alcohol establishments located within 500 feet of the premises. There is one off-sale alcoholic beverage establishment (BEVMO) within a 1,000-foot radius of the subject site (Attachment C - Census Tract 31.10, Liquor Licenses). The subject use complies with the noted minimum separation requirements for off-sale alcohol establishments.
Census Tract
The subject site is located in Census Tract 31.10. Based on the population in that geographic area, ABC has determined that three (3) off-sale alcoholic beverage licenses are allowed within the census tract. There are currently eight (8) active off-sale licenses in the census tract, therefore, per ABC regulations, the Applicant’s business is located in a census tract which is overconcentrated for off-sale alcoholic beverages. This Use Permit request, if approved, will add an additional off-sale alcohol license to the existing overconcentration of such licenses in the area. ABC regulations require a finding of Public Convenience or Necessity (PCN) to issue an off-sale license in the census tract. A finding of PCN will be made to ensure that the alcohol establishment will comply with all applicable Federal, State, County and local building and health codes.
SMC 16.80.040.D.2.d allows the Planning Commission to exercise its discretion and waive location restrictions to promote and support local business growth. The applicant is requesting, and staff supports, the Planning Commission’s exercise of discretion in approving a waiver to allow the addition of an off-sale alcohol establishment in the existing overconcentrated census tract.
Based upon ABC’s records, eight off-sale alcohol licenses were issued to the following businesses:
• Three issued to chain grocery stores (Trader Joe’s, Thrifty Payless, Safeway),
• One issued to Podesto’s,
• Two issued to liquor stores (BEVMO and Pershing Liquor),
• One issued to a natural food store (Artesian Natural Foods), and
• One issued to a gasoline station (Chevron).
An off-sale alcohol license (Type 20) had been previously issued to Stockton Vino 100 in this census tract. The license has been surrendered due to the store’s closure. However, a surrendered license may be reactivated at the same location or transferred to another census tract upon the completion of a renewal process through ABC.
The operational characteristics of the subject mini-mart are different than chain stores, the grocery store, liquor stores, and gasoline station with the off-sale of alcoholic beverages in the area. It is a small neighborhood mini-market and the hours of the operation are no later than 8:00 p.m. every day. Other stores with the off-sale of alcohol in the surrounding area have longer business hours.
Adding the off-sale beer and wine in this mini-mart will promote and support business growth, offer more choices to area residents within a reasonable walking distance, and reduce driving time, Vehicle Miles Travelled (VMT), and other traffic-related impacts. Further, the Use Permit, if approved, will have conditions of approval, which will mitigate potential negative impacts on the subject site and the surrounding neighborhood.
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.
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 Uses
Section 16.168.050.B contains three specific Findings for Problem Uses. The proposed use 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.
Alcoholic 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 and required criteria for a Public Convenience or Necessity (PCN) Finding, if required.
Staff believes that the Alcoholic Beverage Findings can be affirmatively made for this project. The subject use is not expected to result in nuisance activities, because the applicant will be required by the recommended Conditions of Approval to install surveillance cameras on-site and have a zero-tolerance policy on violence and service to minors. The owners and her employees of the establishment will be required to complete an approved training course in Licensee Education on Alcohol and Drugs (LEAD) or another ABC-approved program within 60 days of hiring new employees or within six (6) months for existing employees.
The subject use must comply with all applicable provisions of City, State, and Federal regulations. Approval of the subject Use Permit will require a Finding of PCN because the project will result in an overconcentration of off-sale alcohol beverage sales establishments in the census tract.
Public Comments
The Planning and Engineering Services Division of the Community Development Department, the Police Department, Code Enforcement, and other City departments were notified of this request regarding the Use Permit application to allow the off-sale of beer and wine in an existing mini-mart. A public hearing notice was mailed to the surrounding neighborhood on May 10, 2018. A legal ad regarding the project was published in the Stockton Record on May 11, 2018. As of writing of the staff report, staff has not received any public comments for the proposed use.
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 located in an existing mini-mart. 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 - Aerial Photograph and Location Map
Attachment B - Site and Floor Plans
Attachment C - Census Tract 31.10, Liquor Licenses
This staff report was prepared by Senior Planner Jenny Liaw, (209) 937-8316; jenny.liaw@stocktonca.gov.