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REQUEST TO AMEND A COMMISSION USE PERMIT FOR ALCOHOLIC BEVERAGE SALES, OFF-SALE BEER AND WINE, TO REMOVE A CONDITION OF APPROVAL REQUIRING ON-SITE SECURITY GUARD AT 6009 NORTH EL DORADO STREET (P20-0291)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission approve an amendment to Commission Use Permit P16-0342 to remove a condition requiring a uniformed licensed security officer to patrol the site, based on the findings and subject to conditions in the attached resolution.
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Summary
The applicant, Grin Investments, Inc., requests to amend Commission Use Permit No. P16-0342 to remove a condition of approval related to a convenience store with off-sale beer and wine, on the basis that there have not been any significant calls for service in the last year. The subject condition concerns a requirement for a uniformed licensed security to patrol the site and the vicinity between 9:00 A.M. and 11:00 P.M., seven days a week. As discussed in the report below, calls for service data and feedback from the Stockton Police Department indicate incidents reported for the last one-year period are unrelated to the subject convenience store. The Use Permit Amendment maintains all other conditions of approval, as well as, the applicant is accepting to a new condition requiring the store owners and employees to complete Licensee Education on Alcohol and Drugs (LEAD) training, to continue to discourage nuisance activities and support public safety onsite and in the vicinity. Therefore, staff recommends approval of the amendment, subject to conditions.
DISCUSSION
Background
On January 26, 2017, the Planning Commission approved a Commission Use Permit for this location authorizing the establishment of a convenience store, inclusive of off-sale alcoholic beverage sales (beer and wine) and a fueling station, subject to conditions of approval (Attachment A - Planning Commission Resolution No. 2017-01-26-0301). The approved Use Permit includes a condition of approval requiring the employment of a uniformed licensed security to patrol the site and site vicinity between 9:00 A.M. and 11:00 P.M., seven days a week. This condition comes from the Stockton Municipal Code (SMC) §16.80.040(D)(5)(b) (Conditions of Approval - Off-sale Alcoholic Beverage Establishments). This code section provides the Review Authority a menu of conditions that may be imposed on requested new off-sale alcoholic beverage sales in support of public health and safety and to discourage nuisance activities.
The 3,180-square foot convenience store, six (6) multi-product fuel dispensers, and two underground storage tanks were constructed in 2018 and is presently fully operational. The convenience store received an approved business license on August 19, 2018 and has been in operation since. The site is located within an existing shopping center, the Mayfair Center, which supports multiple commercial uses (see Attachment B for site location and aerial map).
Present Situation
The applicant, Grin Investments, Inc., applied for an amendment to Commission Use Permit P16-0342 to remove a requirement for a uniformed licensed security to patrol the site and site vicinity between 9:00 A.M. and 11:00 P.M., seven days a week, on the basis that there have not been any significant calls for service in the last year. No other changes to operations and the conditions of approval are being requested.
The subject site is located within Police Report District 0339. Data provided by the Stockton Police Department for the 2017-2019 reporting period shows the district exceeded the city-wide average number of crimes by over 20 percent, more specifically by 146.07 percent. The Stockton Police Department also provided site-specific calls for service data that shows a total of 46 calls for service between July 15, 2019 and July 15, 2020, ten (10) of which resulted in a police report.
Police Department staff indicate that, with exception to one incidence of armed robbery, the nature of the crimes reported, including the ten (10) that resulted in a police report, are largely unrelated to the convenience store land use. Police Department staff deduce that the majority of the calls for service associated with the subject site did not originate on the site. Instead, calls for service used the site location as a point reference due to the prominent location of the convenience store at the intersection of North El Dorado Street and West Swain Road and the general familiarity with the business (ARCO and AM/PM).
The applicant’s request for an amendment is considered a “major change”, in accordance with SMC §16.104.030, and requires a review and consideration by the Planning Commission since it involves a feature of the project that was specifically addressed by the Commission during the public hearing held on December 15, 2016 and approval decision on January 26, 2017.
At the December 15, 2016 public hearing, Staff’s recommendation was for denial of the project due to inconsistencies with the location restrictions found at SMC §16.80.040(D)(2)(a & d) (Location Restrictions); specifically, related to the subject site’s proximity to other existing off-sale alcoholic beverage establishments and a public elementary school, and the average number of crimes in the subject site’s crime reporting district. Richard Larowe, the project architect, and Michael Hakeem, the applicant’s attorney, spoke on behalf of the project in support for the Commission’s approval of the project, presented proposed conditions of approval, including employing a uniformed licensed security guard, that the applicant would agree to and which would discourage nuisance and criminal activity.
In accordance with SMC §16.80.040(D)(2)(a) and (d)(ii), the Planning Commission waived the location restrictions to promote local economic business growth and support infill development of vacant and underutilized sites. The Planning Commission approved Motion 2016-12-15-0501 directing Staff to bring back findings and conditions for approval of the project as a consent item at the January 26, 2017 meeting. On January 26, 2017, the Planning Commission approved the project, inclusive of the applicant recommended conditions of approval.
Staff Analysis
The proposed amendment has been reviewed in accordance with SMC §16.168.040 (Use Permits - Application filing, processing, and review). In consideration of this amendment, SMC §16.168.050 requires that three (3) findings of fact for Problem Uses and four (4) findings of fact for Alcoholic Beverages be made in the affirmative, in addition to the General Findings applied to all Use Permits. Staff’s analysis is summarized below and finds that, the convenience store continues to support the findings of fact for Problem Uses and Alcoholic Beverages in the affirmative with the proposed amendment. A discussion of the General Findings of Fact is provided under the Required Findings heading below.
Problem Uses (SMC §16.168.050(B))
The proposed amendment is not expected to interfere with the convenience store’s ability to allow a comfortable enjoyment of life or property in the area, or to increase or encourage deterioration of the area. The establishment of the convenience store allowed for development of a previously vacant site, and its continuing operation contributes to the enjoyment of neighborhood by providing convenient access to fuel and other merchandise. As conditioned, the property owner or business operator will continue to utilize a video surveillance system, which discourages crime and other impacts associated with problem uses onsite and in the vicinity area. Presently, there are no City-sanctioned neighborhood conservation, improvement, or redevelopment programs applicable to the site or in the immediate area.
Alcoholic Beverage (SMC §16.168.050(C))
By maintaining other conditions of approval related to convenience store operations and alcoholic beverage sales, staff does not expect the amendment to hinder the convenience store’s ability to prevent nuisance activity associated with alcoholic beverage sales. As conditioned, the convenience store will continue to limit potential nuisance and criminal activity through locking beer cases during business hours Monday through Friday and prohibiting single sales of beer in containers of 40 ounces or less. As discussed above, the convenience store will continue to utilize a video surveillance system to discourage crime and nuisance activities.
To support Alcoholic Beverage Finding at SMC §16.168.050(C)(2), staff recommends that a new condition of approval be applied to the Use Permit requiring owners and all employees of the convenient complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or similar California ABC approved program. Although referenced in the original approval findings, LEAD training was not included in the original conditions of approval. Staff’s recommendation will correct that oversight and ensure responsible beverage sales in a manner consistent with industry best practices.
Required Findings
In order to approve the Use Permit Amendment, the Planning Commission must make all findings at SMC §16.168.050(A) (General Findings). As indicated in the Proposed Resolution, the subject use is allowed in the site’s zoning districts with an approved Use Permit and complies with applicable provisions of the Development Code. The convenience store would continue to be consistent with the Commercial Land Use Designation. The proposed amendment does not result in any changes to the site, and the site would be physically suitable for the proposed use, including the provision of utility services (e.g. sanitation and water), public access, and the absence of physical constraints (e.g. earth, movement, flooding, etc.). Further, staff’s recommendation is emphasized by the convenient store’s ability to maintain public health and safety of the surrounding area through the conditions of approval relating to operations sufficiently discourage nuisance and criminal activity in the vicinity.
Public Comments
Notice for this item was published in the Record on September 9, 2020, and a notice has been sent to all property owners within a 300-foot radius of 6009 North El Dorado Street on September 9, 2020. Staff has not received any comment from the public on this project.
Environmental Clearance
The proposed project is a Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines §15301 (Class 1, Existing Facilities) since it consists of the operation of commercial use within an existing building. The project is also not subject to any of the exceptions to the use of a Categorical Exemption enumerated at CEQA Guidelines §15300.2.
Attachment A - Planning Commission Resolution No. 2017-01-26-0301
Attachment B - Location Map and Aerial Photograph
This staff report was prepared by Allison Holmstedt, Associate Planner, (209) 734-3074; allison.holmstedt@stocktonca.gov.