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EXPANSION OF AN EXISTING CONVENIENCE STORE INCLUDING ALCOHOLIC BEVERAGE SALES AND EXPANSION OF FUEL PUMPS, NEW CANOPY, AND RETENTION OF EXISTING DRIVE-THROUGH CAR WASH AT 4747 WEST LANE (P18-0823)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a Resolution:
1. Approving a Use Permit to allow the expansion of an existing convenience store including alcoholic beverage sales and expansion of fuel pumps from four (4) to nine (9), new canopy, and retention of existing drive-through car wash.
2. Approving Design Review for the project’s site plan, building elevations, landscape plan, and colors/materials .
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Summary
The project site is developed with a convenience store and alcoholic beverage sales, including four gasoline fuel pumps and a drive-through car wash originally authorized by the Planning Commission on March 20, 1990 (UP11-90). The proposed project includes substantial redevelopment of the site through demolition of the existing store/canopy and changes to circulation and parking areas. New construction includes increasing the number of fuel pumps from 4 to 9 with a new canopy and construction of a new building that increases the site’s floor area from 1,100 to 5,096 square feet. Pursuant to the Stockton Municipal Code (SMC) Section 16.104.030(B), the project’s expansion will be a major change to previously-approved Use Permit, because the use would involve more than 10 percent expansion of the primary structure and create an increase in the number of required parking spaces as specified on the SMC16.104.030(A)(1)(e). The new convenience store would not have more than 20% of its gross floor area devoted to the sale, display, and/or storage of alcohol, in accordance with the SMC Section 16.80.040 (C).
As described below, the requested Use Permit would correct a procedural oversight relating to alcoholic beverage sales which presently occurs under a valid license issued by the California Department of Alcoholic Beverage Control (ABC). At present, the property does not conform to the alcoholic beverage sales location restrictions in the SMC Section 16.80.040 (D)(2)(a) and (d) (ii) for distances from schools and other alcoholic beverage sales establishments. However, the applicant requests that the Commission exercise its discretion as allowed under this code section and waive the noted location restrictions to promote and support local economic business growth.
As detailed in the attached proposed resolution, staff recommends approval of the application, including the alcoholic beverage sales component, for its ability to support General Plan policies and actions related to attracting employment- and tax-generating businesses that support the economic diversity of the city. Staff’s recommendation also includes imposing conditions of approval to ensure responsible alcoholic beverage sales occur and do not result in a source of undue public nuisance to the community.
DISCUSSION
Background
The project site is zoned Commercial, General (CG) and is bounded to the:
• North across Bianchi Road by an auto body shop;
• East across West Lane by a commercial shopping center;
• South by auto repair shops; and
• West by a church (Attachment A - Location Map and Aerial Photography).
The following provides a chronology of relevant land use permit activities for the project site:
• On March 20, 1990, the Planning Commission approved Use Permit No. UP11-90 to allow a market, fuel dispensaries, and drive-through car wash with no alcohol sales.
• On April 6, 2006, a Use Permit (UP25-06) application was submitted by the prior business owner to request the construction of new convenience store with off-sale of beer and wine on the subject site, pursuant to SMC Section 16.104.030(B).
• On June 23, 2006, pursuant to Resolution No. 96-0213 (Attachment B - Resolution 96-0213), the City Manager issued a finding of Public Convenience and Necessity (PCN) to allow alcoholic beverage sales at the site. That decision excluded and did not occur concurrent with a separate action on the pending Use Permit application (UP25-06) (see explanation below).
• On July 6, 2006, Use Permit (UP25-06) application referenced above was withdrawn by the applicant because the ABC received the PCN letter from the City and issued Type 20 alcohol license for the site.
After review of the record when preparing a recommendation for the current application, staff concluded that PCN findings issued in 2006 were in error since Resolution No. 96-0213 limits their issuance to situation where “no use permit is required.” At the prior time (and presently), the proposed use requires a Use Permit.
Present Situation
Proposed Project
The project site is occupied by a 1,100-square foot convenience store with alcohol sales and four fuel pumps at its central portion, and a drive-through car wash at the west side of the property. The proposed project includes the following:
• Demolition of the existing building/canopy and major portions of existing circulation and parking areas; and
• Construction of a proposed 5,096 square foot, two-story convenience store including 3,720 square feet of retail at the first floor and 1,376 square feet of office at the second floor; and
• New canopy constructed with expansion of fuel pump numbers from four to nine; and
• Minor alterations to existing circulation, off-street parking, and landscape areas (Attachment C - Site and Floor Plans).
The proposed site plan complies with all applicable standards at SMC Section 16.80.320 Service Stations (Fueling Stations) including, for example, those relating to the number of driveways, off-street parking spaces, landscaping, and minimum separations from pump islands to structures, property lines, and other pump islands.
Use Permit: Alcoholic Beverage Sales
The existing and proposed use is classified under SMC Section 16.80.040 (C) as a “Convenience Store” since less than 20 percent of the gross floor area is devoted to the sale, display, and/or storage 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.” According to the applicant, beer and wine would be displayed in walk-in coolers on the west side of the store. The proposed 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 ABC regulations and only be offered between 6:00 a.m. to 2:00 a.m., seven days a week.
Stockton Municipal Code (SMC) Section 16.80.040 contains the following Location Restrictions for alcoholic beverage sales establishments:
• Proximity to Schools: 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 identified two schools within the separation buffer. These include: Charter (Academy of Visual and Performing Arts) located approximately 230 feet to the northwest of the site and Team Charter School located approximately 410 feet to the west of the project site.
SMC Section 16.80.040 (D)(2)(a) provides the applicable Review Authority with discretion to waive the restriction to promote and support local economic business growth throughout the City. The applicant is requesting, and staff supports, the Planning Commission’s exercise of discretion in approving a waiver relating to the school location restriction for its ability to support General Plan Policy LU-4.2 through attraction of employment- and tax-generating businesses that support the economic diversity of the city as noted in the attached proposed resolution.
• 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 ABC records, there is an existing off-sale general alcohol establishment (Rite Aid) located approximately 220 feet to the east of the premises. There are no other off-sale alcoholic beverage establishments within a 1,000-foot radius, which complies with the 4 or less grouping requirement (Attachment D - Proximity to Other Alcoholic Beverage Sales Establishments). However, the subject use does not comply with the 500-foot minimum separation requirement from another off-sale alcohol establishment.
SMC Section 16.80.040.D(2)(d)(ii) provides the applicable Review Authority with discretion to waive this restriction to promote and support local economic business growth throughout the City. The applicant is requesting, and staff supports, the Planning Commission’s exercise of discretion in approving a waiver relating to the off-sale alcohol establishment restriction for its ability to support General Plan Policy LU-4.2 through attraction of employment- and tax-generating businesses that support the economic diversity of the city as noted in the attached proposed resolution.
Crime Reporting District
In addition to the above-referenced location restriction, alcoholic beverage sales are assessed relative to crime reporting levels. 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 Crime Reporting Districts Citywide by more than 20 percent. The project site is located in CRD No. 365. According to the Police Department’s crime reporting statistics, the average number of crimes reported for CRD’s Citywide CRD is 192. The number of crimes reported in the subject CRD is 169, which is below the average by 11.98%. The proposed use complies with this noted Location Restriction.
According to the Calls for Service (CFS) statistics from the Police Department, the location at 4747 West Lane had a total of 85 CFS between January 1, 2018 and May 31, 2019 (Attachment E - Calls for Service). Twelve (12) of the CFS resulted in crime reports, but none of the reports are related to alcohol sales (Attachment E - Calls for Service). Staff contacted ABC to verify any violations relating to alcohol sales on the subject site. A response from the ABC stated that the prior business owner had two alcohol violations in 2007 and 2008 due to selling the alcohol to minor, but the current owner (and applicant for the requested Use Permit) has had no violations.
Public Convenience or Necessity Finding
The subject site is within Census Tract 34.07. In accordance with the population in that geographic area, the State Department of Alcoholic Beverage Control (ABC) has determined that two (2) off-sale alcoholic beverage establishments are allowed within the Census Tract. There are six (6) active off-sale licenses in the Census Tract, including the applicant’s existing off-sale beer and wine license (Attachment F - Census Tract 34.07, Liquor Licenses). The applicant is not proposing to change the existing license type, therefore, a new public convenience or necessity finding is not required.
Conditions of Approval
Staff’s recommendation includes imposing conditions of approval to ensure responsible alcoholic beverage sales occur and do not result in public nuisance to the community, including the following:
• The convenience store would not have more than 20% of its gross floor area devoted to the sale, display, and/or storage of alcohol.
• This Use Permit shall be posted in a conspicuous place and shall be immediately made available to City personnel upon inspection of the store.
• The consumption or carrying of open containers of alcoholic beverages in the store, on the subject site, or on adjacent public streets and sidewalks shall not be permitted. Signs advising patrons of this prohibition shall be posted adjacent to the front door on the interior of the building.
• Store windows shall be left unobstructed to allow interior surveillance of the store during operating hours. No more than 20% of the windows may be covered by any form of temporary or permanent sign, poster, graphic, or lettering.
• Prior to the initiation of alcohol sales, exterior lighting shall be installed around the exterior of the building to provide a safe and visible environment for the store’s customers and area residents. The lighting shall be fully shielded to prevent glare to adjacent properties and rights-of-way.
• Prior to the initiation of alcohol sales, a video surveillance system with at least a seven-day continuous recording capability shall be in place. Video recordings shall be archived for at least 30 days. The video surveillance system shall cover the entire exterior of the building, including the parking lot and entrances to the store.
• Loitering shall be prohibited in or near the convenience store and on the subject site.
• The following alcoholic beverages are prohibited from sale:
(A) Wine or distilled spirits in containers of less than 750 milliliters.
(B) Malt beverage products with alcohol content greater than five and one-half (5 1/2) percent by volume.
(C) Wine with an alcoholic content greater than 14 percent by volume unless in corked bottles and aged at least two (2) years.
(D) Beer or malt liquor sold individually in containers of 40 ounces or less.
(E) Containers of beer or malt liquor not in their original factory packages of six (6) packs or greater.
(F) Distilled spirits in bottles or containers smaller than 375 milliliters.
(G) Cooler products, either wine- or malt beverage-based, in less than four (4) pack quantities.
• Prior to initiation of the use, the Director shall review and approve a “complaint response community relations” program. Said program shall be maintained by the establishment during all hours of alcoholic beverage sales activity. The program shall include the following:
(A) Posting at the entry of the establishment that provides the telephone number for the area commander of the local law enforcement substation to any requesting individual.
(B) Coordinating efforts with the Police Department to monitor community complaints about the establishment’s activities.
(C) Having a representative of the establishment meet with neighbors, or the applicable neighborhood association on a regular basis and at their request to attempt to resolve any neighborhood complaints regarding the establishment.
• Pay telephones on the site of an alcoholic beverage sales establishment shall be the type restricted to allow only outgoing calls and shall be located inside the building in a visible and well-lit area, subject to approval by the Chief of Police.
• The business shall post E.A.S.Y. (Eliminate Alcohol Sales to Youth) materials that are visible from outside the business.
• Sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging shall be prohibited.
• The Use Permit shall be subject to a one-year review following initiation of the subject use.
Design Review
On April 17, 2019, the City’s Architectural Review Committee (ARC) reviewed proposed site plan, landscape plan, building elevations, and colors/materials and found them to be substantially in compliance with applicable provisions of the City’s Design Review Guidelines. The proposed resolution carries this recommendation forward by recommending the Planning Commission’s approval of the Design Review approval request (Attachment G - Building Elevations).
Public Comments
Notice for this item was published in the Record, and mailed notice was sent to all property owners within 300-foot radius of the project site at least (10) days before the hearing, in accordance with SMC Section 16.88.030. To date, staff has not received any comments from the public on this project.
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), because the proposed use constitutes addition to existing gasoline station and the expansion will not result in more than 10,000 square feet.
Attachment A - Location Map and Aerial Photograph
Attachment B - Resolution 96-0213
Attachment C - Site and Floor Plans
Attachment D - Proximity to Other Alcoholic Beverage Sales Establishments
Attachment E - Calls for Service
Attachment F - Census Tract 34.07, Liquor Licenses
Attachment G - Building Elevations
This staff report was prepared by Senior Planner Jenny Liaw, (209) 937-8316; jenny.liaw@stocktonca.gov