title
REQUEST FOR A PUBLIC CONVENIENCE OR NECESSITY FINDING TO ALLOW THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TO ISSUE AN ORIGINAL TYPE 20 OFF-SALE OF BEER AND WINE IN A CONVENIENCE STORE AT 6649 EMBARCADERO DRIVE
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution making a Public Convenience or Necessity finding to allow the California Department of Alcoholic Beverage Control (ABC) to issue an original Type 20 License permitting off-sale beer and wine at a convenience store at 6649 Embarcadero Drive, in accordance with the Findings for Decision detailed herein.
body
Summary
The applicant, Village West Marina, LLC., is requesting the Planning Commission make a finding that the public convenience or necessity (PCN) would be served by the issuance of an Alcoholic Beverage Control (ABC) License Type 20 for a convenience store located at 6649 Embarcadero Drive (Attachment A - Location Map and Aerial Photograph). Due to the moratorium on Type 20 Licenses in the City of Stockton, ABC requires a PCN finding by the local governing body to issue an original Type 20 license.
The Commission Use Permit (P18-0069), approved by Planning Commission on April 26, 2018, allowing off-sale beer and wine at the Village West Marina convenience store stated a finding of public convenience or necessity would not be necessary because the project did not result in an over concentration. However, that finding was in error given the present moratorium. The requested PCN finding, if affirmatively made by the Planning Commission, would correct the error and allow ABC to issue an original Type 20 license to Village West Marina, LLC.
DISCUSSION
Background
The General Plan designates the subject site as Commercial and the zoning as Commercial General (CG). The subject site is bounded to the:
• north and west by Fourteen Mile Slough;
• east across Embarcadero Drive by the Embarcadero West Condominiums; and
• south by Village West Marina (two restaurants and the Marina boat docking and tenant space).
On April 26, 2018, the Planning Commission approved Commission Use Permit (P18-0069) allowing off-sale of beer and wine in a convenience store to serve the patrons and tenants of Village West Marina. This decision was based on the Planning Commission finding the applicant (Village West Marina, LLC) to be in compliance with all standards, including location within a Crime Reporting District where the crime rate is below or within 20% of the city-wide average and location in a Census Tract that is not over-concentrated. The adopted resolution (Attachment B - Resolution No. 2018-04-26-0501) approving the Commission Use Permit stated a Public Convenience or Necessity Finding would not be required because the Census Tract, 31.06, is not overconcentrated. However, that finding was in error given the present moratorium and requires additional action by the Planning Commission to make the necessary PCN finding to allow ABC to issue an original Type 20 license to Village West Marina, LLC.
Present Situation
Business & Professions Code §23817.5 establishes a moratorium on the issuance of off-sale beer and wine licenses (Type 20) in cities and counties where the ratio of Type 20 licenses exceeds one for each 2,500 inhabitants. The City of Stockton exceeds this ratio and, therefore, is deemed a moratorium city. However, under Business & Professions Code §23817.7, ABC can grant exceptions to the moratorium and issue Type 20 licenses where the following conditions are found to exist:
1. The subject site is located in a crime reporting district where the crime rate is below or within 20% of the city-wide average;
2. The subject site is located in a Census Tract that falls below the concentration level determined by ABC; and,
3. The local governing body in which the premises is located in determines that public convenience or necessity would be served by the issuance of the applied-for license.
Adding off-sale beer and wine in Village West Marina’s convenience store would support and expand an existing small business and provide a neighborhood service to the marina and surrounding commercial and high density residential uses. There are no other off-sale alcoholic establishments within a 500-foot or 1000-foot radius of the subject site (Attachment C - Census Tract 31.06, Liquor Licenses). Currently, the nearestavailable off-sale beer and wine license in Census Tract 31.06 is located one-mile away at 3040 W Benjamin Holt Drive. As proposed, the convenience store will offer more choices to patrons and tenants of Village West Marina, as well as area residents, many of which are within a reasonable walking distance.
In their review of the present PCN finding request, the City of Stockton Police Department raised no concerns with the issuance of a Type 20 License at this location. The average number of crimes reported in the subject Crime Reporting District is 90 crimes, exceeding the citywide average by 5.88 percent which is within the 20 percent allowed (Attachment D - Crime Reporting District Map). The approved Commission Use Permit already contains conditions of approval to mitigate potential negative impacts on the subject site and the surrounding neighborhood. These include installing a video surveillance system, maintaining a zero-tolerance policy on violence and service to minors, and requiring all employees of the convenience store to complete an ABC-approved training course.
FINDINGS
Public Convenience or Necessity Findings
Staff believes that the Public Convenience or Necessity Finding can be affirmatively made for this project. There are no other alcohol establishments in the proximity of the subject site. As discussed, the conditions of the recently approved Commission Use Permit include requirements to discourage nuisance activities and other negative impacts associated with alcohol uses
ENVIRONMENTAL CLEARANCE
The request is categorically exempt under the provision of California Environmental Quality Act (CEQA) Section 15301, Class 1, for the re-use of an existing facility. 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 act on this matter.
Attachment A - Aerial Photograph and Location Map
Attachment B - Resolution No. 2018-04-26-0501
Attachment C - Census Tract 31.06, Liquor Licenses
Attachment D - Crime Reporting District Map
This staff report was prepared by Assistant Planner Allison Holmstedt, (209)937-8267; Allison.Holmstedt@stocktonca.gov.