Planning Commission

City of Stockton

Meeting Agenda - Final

Stockton Planning Commission

Kevin Hernandez, Chair (At-Large)

Sol Jobrack, Vice Chair (District 1)

Kim Tutt (District 2)

Elizabeth Hull (District 3)

Chris Eley (District 4)

Don M. Aguillard (District 5)

D'Adrea Davie (District 6)

Council Chamber, City Hall, 425 N. El Dorado

Street, Stockton CA

6:00 PMThursday, November 17, 2016

1. CALL TO ORDER/ROLL CALL

2. PLEDGE TO FLAG

3. ADOPTION OF CONSENT CALENDAR

3.1 16-3168 APPROVAL OF PLANNING COMMISSION MINUTES

Recommended Action: RECOMMENDATION

Approval for filing minutes of the September 22, 2016 Planning Commission meeting.

Department: Community DevelopmentAttachment A - 092216 Planning Commission MinutesAttachments:

3.2 16-3108 MOTION TO APPROVE PLANNING COMMISSION MEETING

SCHEDULE FOR CALENDAR YEAR 2017

Recommended Action: RECOMMENDATION

Staff recommends that the Planning Commission vote to approve the Planning Commission meeting schedule for Calendar Year 2017.

Department: Community Development

4. PUBLIC COMMENT*

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS

5.1 16-3018 USE PERMIT TO ESTABLISH A BAR WITH THE ON-SALE OF GENERAL

ALCOHOLIC BEVERAGES IN AN EXISTING BUILDING AT 222 NORTH

SUTTER STREET (P16-0307)

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November 17, 2016Planning Commission Meeting Agenda - Final

Recommended Action: RECOMMENDATION

Staff recommends that the Planning Commission adopt a resolution denying a Use Permit to establish a bar with the on-sale of general alcoholic beverages in an existing building at 222 North Sutter Street, in accordance with the Findings for Decision detailed herein.

Department: Community DevelopmentAttachment A - Aerial Photograph and Site Plan

Attachment B - Floor Plan

Attachment C - Street Elevation

Attachment D - Census Tract 100 Liquor Licenses

Proposed Resolution - Recommend Denial

Attachments:

5.2 16-3074USE PERMIT TO ESTABLISH A PROPOSED LIQUOR STORE

WITH THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN

AN EXISTING COMMERCIAL BUILDING AT 6221 WEST LANE

(P16-0335)

Recommended Action: RECOMMENDATION

Staff recommends that the Planning Commission adopt a resolution approving a Use Permit to establish a proposed liquor store with the off-sale of general alcoholic beverages in an existing building at 6221 West Lane, in accordance with the Findings for Decision detailed herein.

Department: Community DevelopmentAttachment A - Location Map and Aerial Photograph

Attachment B - Census Tract Liquor Licenses

Attachment C - Crime Reporting District Map

Attachment D - Community Outreach Meeting Information

Proposed Resolution - Recommended Approval

Exhibit 1 - Site and Floor Plans

Attachments:

6. NEW BUSINESS*

7. UNFINISHED BUSINESS

8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS

9. COMMISSIONERS COMMENTS

10. ADJOURNMENT

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November 17, 2016Planning Commission Meeting Agenda - Final

CERTIFICATE OF POSTING

I declare, under penalty of perjury, that I am employed by the City of Stockton and

that I caused this agenda to be posted in the City Hall notice case on November 9,

2016, in compliance with the Brown Act.

Bonnie Paige, CMC

By: ________________________________

Deputy

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November 17, 2016Planning Commission Meeting Agenda - Final

A. The meeting will be conducted in accordance with Rosenberg’s Rules of Order.

B. Each person wishing to address the Planning Commission is encouraged to fill out a speaker card located at the

podium. Each speaker will then be called forward to the podium to speak in the order in which their speaker card

was received. Speakers are encouraged but not required to provide their name and address when speaking before

the Commission.

C. All questions from members of the audience to the Planning Commission and/or city staff members shall be

directed to the Chairperson of the Planning Commission.

All questions from Planning Commission members to staff shall be addressed directly to staff from the member

asking the question.

No personal comments and/or exchanges will be permitted between members of the audience and individual staff

or Commission members. Rather, direction shall be given to staff to follow-up on any issues brought before the

Commission. This rule applies to communications outside of the public hearing process.

D. Information presented to the Commission shall only pertain directly to the item under consideration. Character

assassinations, personal feuds, irrelevant data or repetitions of matters already presented shall not be permitted.

E. All rules of Decorum pursuant to Council Policy 100-3- Rules for Conduct of City Council Meetings apply equally

to this Commission.

Agendas, staff reports and minutes can be viewed on the City of Stockton web

site http://www.stocktongov.com/government/oMeetings/boardComMeetings.html

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:

State legislation requires disclosure of campaign contributions of $250 or more, made to any Planning

Commissioner, by any person who actively supports or opposes any application pending before the Planning

Commission, and such person has a financial interest in the decision. Active support or opposition includes

lobbying a Commissioner and/or testifying for or against such an application. Any person having made a $250 or

larger contribution within the preceding 12 months must disclose that fact during the public hearing or on said

application.

The official City Planning Commission policy is that applications pending before this Commission should not be

discussed with the Commission members outside of a public hearing. If any representations are made privately,

they must be identified and placed in the public record at the time of the hearing.

If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else

raised at the public hearing described in this notice, or in written correspondence delivered to the Planning

Commission, at, or prior to, the public hearing.

NOTE: All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish

language interpreters and, if one is needed, it shall be the responsibility of the person needing one.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to

offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those

with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda

packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the

City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by

calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline

will enable the City/Agency to make reasonable arrangements to ensure accessibility.

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November 17, 2016Planning Commission Meeting Agenda - Final

CONSENT ITEMS: Information concerning the consent items has been forwarded to the Planning Commission

prior to the meeting. Unless a Commissioner or member of the audience has questions concerning a particular

item and asks that it be removed from the Consent Calendar, the items are approved at one time by a roll call vote.

Anyone wishing to speak on a consent item or public hearing item, please complete a "Request to Speak Card"

and submit it to the Recording Secretary prior to the meeting.

* For any person wishing to address the Planning Commission on any matter not on the printed agenda.

Chairperson may set time limit for individual speakers/groups.

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City of Stockton

Legislation Text

File #: 16-3168, Version: 1

APPROVAL OF PLANNING COMMISSION MINUTES

RECOMMENDATION

Approval for filing minutes of the September 22, 2016 Planning Commission meeting.

Attachment A - 092216 Planning Commission Minutes

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MINUTES PLANNING COMMISSION

MEETING OF SEPTEMBER 22, 2016 Council Chamber - City Hall, 425 N. El Dorado Street, Stockton CA

1. CALL TO ORDER/ROLL CALL - 6:04 PM

Roll Call Present:

Don M. AguillardD'Adrea DavieKevin HernandezElizabeth HullSol JobrackKim A. Tutt

Absent: Christopher Eley.

2. PLEDGE TO FLAG

The pledge was led by Commissioner Aguillard.

3. ADOPTION OF CONSENT CALENDAR

None

4. PUBLIC COMMENT*

None

5. PUBLIC HEARINGS/ENVIRONMENTAL ASSESSMENTS

5.1 16-3017 REQUEST FOR A USE PERMIT TO ALLOW THE ESTABLISHMENT AND OPERATION OF A PROPOSED SLAUGHTERHOUSE IN EXISTING WAREHOUSE BUILDINGS AT 2716 EAST MINER AVENUE (P16-0301) (THIS HEARING WAS CONTINUED FROM AUGUST 25 AND SEPTEMBER 8, 2016)

Legislation Text

Attachment A - Location Map and Aerial Photograph

Attachment B - Zoning Map

Attachment C - Project Description

Proposed Resolution - Recommending Approval

Exhibit 1 - Site Plan

Page 1 of 5September 22, 2016 - Planning Commission

Attachment A

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Commissioner Disclosures - none.

Senior Planning Manager Jenny Liaw - provided a recap of the project, explained the revised conditions f. and n., and added new condition u. with the aid of a PowerPoint presentation (filed); and she responded to questions from the commissioners.

PowerPoint Presentation

Additional communications: letter dated September 22, 2016 from C&R International Sales Inc regarding purchasing odor neutralizing/atomizing system from Chem Station (Scott Robbins) and confirmed the system operated effectively; and a letter dated September 22, 2016 from Joseph Salazar of Lewis Brisbois Bisgaard & Smith LLP regarding the application of Grimaud Farms to obtain a Conditional Use Permit for formerly Del Monte property located at 2716 E. Miner Avenue, Stockton CA (P16-0301).

Letter dated September 22, 2016 from C&R International Sales, Inc. to Howard Chan regarding Chem Station’s odor neutralizing/atomizing system - filed by Chan

Letter dated September 22, 2016 from Joseph A. Salazar Jr. of Lewis Brisbois Bisgaard & Smith LLP to Senior Planning Manager Jenny Liaw regarding the application of Grimaud Farms to obtain a Conditional Use Permit for formerly Del Monte property located at 2716 E. Miner Avenue, Stockton CA (P16-0301) - filed by Salazar

Chair Hernandez - noting the length of the communications received, entertained a motion to waive staff reading the communications into the record.

Approve a waiver of staff’s required reading of additional communication into the record.

Moved by: Sol Jobrack, seconded by D'Adrea Davie.

Vote: Motion carried 6-0

Yes: Don M. Aguillard, D'Adrea Davie, Kevin Hernandez, Elizabeth Hull, Sol Jobrack, and Kim A. Tutt. Absent: Christopher Eley.

Approve a motion to recess for 5 minutes to allow time to read through the additional communication.

Moved by: D'Adrea Davie, seconded by Don M. Aguillard.

Vote: Motion carried 6-0

Yes: Don M. Aguillard, D'Adrea Davie, Kevin Hernandez, Elizabeth Hull, Sol Jobrack, and Kim A. Tutt. Absent: Christopher Eley.

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Attachment A

8

The Commission requested an additional 10 minutes to complete its review of the materials.

The Planning Commission proceeded with questions of the added communications with Senior Planning Manager Liaw responding to questions along with Deputy Director Pace and Direct Kwong providing comment throughout.

Jim Martin, realtor representing the applicant Grimaud Farms - noted a representative from Chem Station was present to speak to issues of the masking chemical.

Scott Robbins, Chem Station representative - spoke to the masking chemical system and responded to Commissioners questions along with Deputy Director Pace commenting throughout.

Jim Martin, realtor representing the applicant Grimaud Farms - continued his comments with the aid of staff’s PowerPoint presentation (slides 23-90)

Public comment in support:

Steve Schwartz, owner-representative for Crosstown Commons (facility owner) - spoke in support of the project; spoke to the masking system and the importance of addressing it; and spoke to the results of this project failing, a vacant facility.

Jim Martin - responded to the Mr. Schwartz’s hypothetical question, the odor masking system isn’t employed now because it is not required; the facility has no odor violations; and spoke to the consideration of utilizing an odor neutralizing system as an effort to be a good neighbor, meet the concerns of its’ neighbor (RTD), and address the perception that the facility would generate offensive odor.

Public comment in opposition:

Joe Salazar Jr., counsel representing San Joaquin Regional Transit District (SJRTD) - spoke in opposition to the project with the aid of the letter submitted as additional communication; spoke to the concerns listed in the letter; and responded to the comments made by the applicant and those members of the project.

Jim Martin - provided rebuttal of comments in opposition to the project and responded to questions from the Commissioners along with comments from Senior Planning Manager Liaw, Albert Mora (Maintenance Supervisor) and Scott Robbins (Chem Station).

The Planning Commission proceeded with a discussion of the application with Deputy Director Pace responding to questions.

Page 3 of 5September 22, 2016 - Planning Commission

Attachment A

9

Approve Resolution 2016-09-22-0501 a Use Permit allowing the establishment and operation of a proposed slaughterhouse in existing warehouse buildings at 2716 East Miner Avenue.

WITH REVISED CONDITIONS:

f. Live poultry shall not be held in the buildings for more than twenty-four (24) hours. The ODS shall be responsible for cleaning up bird feathers and related debris in the loading area on the southeast side of Building 3 at the end of operations every day.

n. An odor neutralizing system shall be utilized, installed, and maintained inside the buildings and be subject to approval by the Community Development Director and if required, the San Joaquin Valley Air Pollution Control District (SJVAPCD) prior to the initiation of the subject use. Any chemicals used to neutralize odors shall be non-toxic and shall not be noxious or offensive to persons residing or working in the vicinity.

AND ADDED CONDITION:

u. The ODS shall be responsible for obtaining any required permit related to the subject operation from SJVAPCD prior to the initiation of the subject use.

Moved by: D'Adrea Davie, seconded by Kim A. Tutt.

Vote: Motion carried 6-0

Yes: Don M. Aguillard, D'Adrea Davie, Kevin Hernandez, Elizabeth Hull, Sol Jobrack, and Kim A. Tutt. Absent: Christopher Eley.

Approved Resolution 2016-09-22-0501

6. NEW BUSINESS*

None

7. UNFINISHED BUSINESS

None

8. REPORTS/COMMUNICATIONS/INFORMATIONAL ITEMS

Deputy Director Pace - spoke to the public General Plan Update Workshops of September 20 and 21, 2016; announced the next workshop will be on September 28th at Delta College; spoke to meeting with the (General Plan) sub-committee; spoke to a General Plan workshop for the Planning Commission on October 27th; and explained there are 3 more phases of public outreach.

Page 4 of 5September 22, 2016 - Planning Commission

Attachment A

10

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City of Stockton

Legislation Text

File #: 16-3108, Version: 1

MOTION TO APPROVE PLANNING COMMISSION MEETING SCHEDULE FOR CALENDARYEAR 2017

RECOMMENDATION

Staff recommends that the Planning Commission vote to approve the Planning Commission meetingschedule for Calendar Year 2017.

Summary

Due to an increased number of planning applications requiring Planning Commission action and theongoing General Plan Update work program, staff recommends that the Planning Commission voteto approve a schedule that includes two meetings per month in accordance with Section 2 “RegularMeetings” in the City of Stockton Planning Commission Standards and Policies No. 1, with only onemeeting in the months of November and December.

DISCUSSION

Section 2 of the Procedural Rules for Conducting Planning Commission Meetings states:

“Regular meetings of the Commission shall be held on the second and fourth Thursdays ofeach month unless the Commission, by majority vote, decides otherwise.”

Should this recommendation be approved, the Planning Commission will meet on the following datesin Calendar Year 2017:

· January 12 and 26,

· February 9 and 23,

· March 9 and 23,

· April 13 and 27,

· May 11 and 25,

· June 8 and 22,

· July 13 and 27,

· August 10 and 24,

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File #: 16-3108, Version: 1

· September 14 and 28

· October 12 and 26,

· November 16, and

· December 14.

VOTES REQUIRED

A vote of a majority, four (4), of the total authorized membership of the Planning Commission isrequired for the Commission to take action on this matter.

This staff report was prepared by Planning Manager Richard Larrouy.(209) 937-8627/richard.larrouy@stocktonca.gov.

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City of Stockton

Legislation Text

File #: 16-3018, Version: 1

USE PERMIT TO ESTABLISH A BAR WITH THE ON-SALE OF GENERAL ALCOHOLIC BEVERAGESIN AN EXISTING BUILDING AT 222 NORTH SUTTER STREET (P16-0307)

RECOMMENDATION

Staff recommends that the Planning Commission adopt a resolution denying a Use Permit toestablish a bar with the on-sale of general alcoholic beverages in an existing building at 222 NorthSutter Street, in accordance with the Findings for Decision detailed herein.

Summary

The applicant, Amar Singh Mathfallu, is seeking to convert an existing restaurant (Rubie’s) with theon-sale of general alcoholic beverages to a bar with the on-sale of general alcoholic beverages in anexisting building at 222 North Sutter Street (Attachment A - Aerial Photograph/Site Plan). The projecthas been reviewed against the Development Code’s standards for alcoholic beverage sales uses andstaff has determined that it is inconsistent with all three of the applicable Location Restrictions for anon-sale alcohol use: proximity to schools and parks, location within a High Crime Reporting District,and proximity to other alcoholic beverage sales establishments. Staff recommends against a waiverof the noted Location Restrictions, because the project does not promote and support local economicbusiness growth in the downtown area. As a result, staff is recommending that the PlanningCommission deny the application, based on the recommended findings of fact.

DISCUSSION

Background

The site is zoned CD (Commercial, Downtown) and is bounded to the:

· north by a two-story commercial building and a multi-story office building (Medico-DentalBuilding) zoned CD,

· west across Sutter Street by a parking lot zoned CD,

· south by a vacant lot (formerly a motel) zoned CD, and

· east by a parking lot and a three-story commercial building zoned CD.

The General Plan designates the project site for Commercial land use. This land use designation andthe accompanying CD zoning conditionally allow a bar with the on-sale of general alcoholicCity of Stockton Printed on 11/8/2016Page 1 of 6

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the accompanying CD zoning conditionally allow a bar with the on-sale of general alcoholicbeverages, subject to securing an approved Use Permit from the Planning Commission.

As background, the structure on the subject site has existed since before 1936 and appears to havebeen originally constructed as a retail store. The building has been occupied by various restaurantssince approximately 1947, under a variety of names, including Seven Seas, the Pump Room, thePancake and Chicken Pantry, Joe’s, and Torino’s.

The applicant is proposing to convert the site’s existing 7,400-square foot restaurant (Attachment B -Floor Plan), known as Rubie’s, with the on-sale of general alcoholic beverages, to a bar with the on-sale of general alcoholic beverages. He is not proposing any modifications to the interior of thebuilding and only intends to paint portions of the exterior of the building at this time (Attachment C -Street Elevation). The restaurant is currently open on Tuesdays, Thursdays, and Saturdays between2:00 p.m. and 7:00 p.m. and on Fridays between 2:00 p.m. and 12:00 a.m. (midnight), for a total ofapproximately 25 hours per week.

According to the applicant, the proposed bar would only be open two days per week - Friday andSaturday - between the hours of 5:00 p.m. and 12:00 a.m. (midnight), for a total of 14 hours perweek. The proposed alcohol service would be supplemented by limited food service, consisting ofpackaged snack foods and warmed or thawed prepared food items. The proposed food service doesnot qualify as a full-service restaurant, according to both State Department of Alcoholic BeverageControl (ABC) standards and City Development Code standards and definitions. As a result, theapplicant must secure a Type 48 ABC License (On-Sale General for Public Premises). The applicanthas stated that he would give up his existing Type 47 License (On-Sale General for Bona Fide PublicEating Place), if he secures an approved Use Permit for the proposed bar.

Staff at ABC have indicated that the applicant has submitted an application for a Type 48 License andthat he stated he would exchange his existing Type 47 License for the new license if his Use Permitapplication is approved by the Planning Commission. The applicant indicated to staff that hepurchased the property in 2008 and has been operating the business since that date. According tostaff at ABC, there was a violation involving sales to minors in 2014. A fine was paid to ABC for thatviolation and, as a result, the license was not suspended. The operator’s license was suspended byABC in 2015, due to the “failure to operate as a bona fide eating place” and “purchasing alcohol froma retailer for resale.” Following corrective actions, the operator was allowed to re-open the restaurantearlier this year.

Census Tract Overconcentration

The project site is located in Census Tract 1.00. Based upon the population in that geographic area,ABC has determined that three (3) on-sale alcoholic beverage establishments are allowed within theCensus Tract. There are currently 31 existing licenses in the Census Tract, including the applicant’sType 47 License. In addition, three (3) off-sale alcoholic beverages establishments are allowed andnine (9) are existing within the Census Tract (Attachment D - Census Tract 1.00/Liquor Licenses).Therefore, the area is over-concentrated with respect to both on-sale and off-sale establishments.According to ABC staff, exchanging the applicant’s Type 47 License for a Type 48 License will notresult in a net increase in the number of active licenses and will not increase the existingoverconcentration. Therefore, a Finding of Public Convenience or Necessity (PCN) will not berequired for this project.City of Stockton Printed on 11/8/2016Page 2 of 6

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Location Restrictions

Stockton Municipal Code (SMC) Section 16.80.040 contains the following locational criteria foralcoholic beverage sales establishments:

Proximity to Schools and Parks

Section 16.80.040.D(2) generally requires a minimum separation of 500 feet between a newalcoholic beverage sales establishment (including both on-sale and off-sale uses) and public orprivate academic schools for students in kindergarten through 12th grade, nursery schools,preschools, day care facilities, public parks, playgrounds, recreational areas, or youth facilities. Thenearest school, Stockton Collegiate Elementary and High School, a charter school located at 321East Weber Avenue, is approximately 390 feet to the southwest of the project site. According torecords maintained by the San Joaquin County Office of Education, there are no CountyOneSchools located within 500 feet of the project site. The nearest traditional public schools, Pittmanand Alex D. Spanos Elementary Schools (Stockton Unified School District), are locatedapproximately 2,000 and 2,700 feet, respectively, to the northeast and south of the project site (seeAttachment D). Finally, staff is not aware of any parks, playgrounds, recreational areas, or youthfacilities within 500 feet of the project. Due to the proximity of the noted charter school, the subjectuse does not comply with the noted minimum required separation.

High Crime Reporting District

SMC Section 16.80.040.D(2)(d)(i) provides that a business with the on-sale of alcoholic beveragesshall not be located in a Crime Reporting District (CRD), where the average number of crimes in thatdistrict exceeds the average number of crimes for all CRDs Citywide by more than 20 percent. Theproject site is located in CRD No. 102, consisting of 24 blocks in the downtown area between ParkStreet, California Street, Weber Avenue, and El Dorado Street. For the purpose of tabulating CRDcrime 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 statisticsmaintained by the Police Department, CRD No. 102 had 222 Part 1 crimes reported from 2013through 2015. That number is 161.18% above the average number of calls in the City for that period:85. Therefore, the subject use does not comply with the noted restriction.

Proximity to Other Alcoholic Beverage Sales Establishments

Section 16.80.040.D(2)(d)(i) provides that when an application for a new alcoholic beverageestablishment is reviewed for approval, the proximity to existing on-sale establishments may serve asgrounds for denial. Specifically, that section provides that the establishment shall not be located in anarea within 500 feet of an existing on-sale alcoholic beverage establishment or any location thatwould lead to the grouping of more than four (4) on-sale alcoholic beverage establishments within a1,000-foot radius. There are three (3) on-sale alcoholic beverage establishments within a 500-footradius of the project site, not including the applicant’s existing on-sale (Type 47) license, and 13 on-sale alcoholic beverage establishments within a 1,000-foot radius of the project site, not including theapplicant’s on-sale license. (Attachment D - Census Tract 1.00/Liquor Licenses). Based on the aboveinformation, the subject bar does not comply with both of the noted minimum separation

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requirements.

Rationale for Waivers

The SMC provides the applicable Review Authority with the discretion to waive the above-notedLocation Restrictions - specifically, related to the site’s proximity to sensitive land uses, location in ahigh Crime Reporting District, and proximity to other alcoholic beverage sales establishments - topromote and support local economic business growth, throughout the City, including the DowntownDistrict.

The City of Stockton 2012 Urban Land Institute (ULI) Assessment outlined a recommended focusarea for revitalization in the downtown. The ULI Panel recommended that revitalization efforts focuson the Miner Avenue corridor from Weber Point to Cabral Station, including areas within one to twoblocks north and south. This area includes the subject site on Sutter Street. The Panel also outlinedkey characteristic of a successful downtown, including:

• having a broad mix of uses in the public, private, and civic realm, offering commercial, government,medical, educational, cultural, residential, and recreation functions;

• activity across the day (into evenings) and week (including weekends); and

• lively street frontages.

The subject bar does not reflect consistency with the three characteristics noted in the ULIAssessment; specifically, it has very limited hours of operation/activity level (the business is onlyproposed to be open for a total of 14 hours per week); does not present a lively or active streetfrontage (no improvements have been proposed to the site’s frontage on Sutter Street, whichcurrently consists of a relatively blank block wall with one bank of windows, and a roll-up securitydoor over the entrance to the facility); and has no outdoor dining or other activity areas; (AttachmentC - Street Elevation). For these reasons, the project does not promote and support economic growthin the downtown area and staff, therefore, recommends that the noted Locational Restrictions not bewaived.

Findings

The Development Code contains specific Findings, all of which must be made in the affirmative tosupport the approval of a Use Permit. If one or more of the Findings cannot be made, the Use Permitcannot be approved.

General Findings

There are seven required General Findings in SMC Section 16.168.050.A. They require compliancewith all applicable provisions in the SMC; maintaining the integrity and character of the applicablezoning district; consistency with applicable General Plan objectives and policies; physical suitabilityof the site for the proposed use; not endangering or jeopardizing the public health, safety, peace, orgeneral welfare of the public; compatibility with surrounding uses; and consistency with the CaliforniaCity of Stockton Printed on 11/8/2016Page 4 of 6

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general welfare of the public; compatibility with surrounding uses; and consistency with the CaliforniaEnvironmental Quality Act. With respect to these General Findings, the project does not comply withapplicable provisions of the Development Code because the proposal is not consistent with the three(3) noted Locational Restrictions and a waiver of these restrictions is not feasible. Also, as indicatedin the Proposed Resolution, the project does not strengthen the integrity of either the surroundingarea or the overall downtown, could jeopardize or be hazardous to public peace and welfare, andcould be incompatible with surrounding land uses.

Problem Use Findings

Section 16.168.050.B contains three specific Findings for Problem Uses, which are defined as usesthat have “a blighting and/or deteriorating effect upon their surroundings, and which may bedispersed to minimize their adverse impacts.” The subject bar, which involves the on-sale of alcoholicbeverages that is not in conjunction with a restaurant, is defined by the Development Code as aProblem Use. In addition to the required Findings for Problem Use, the subject use must comply withthe criteria contained in SMC Section 16.80.270, Standards for Problem Uses. Those criteria addressthe proximity of other Problem Uses; the effect of dispersal or concentration of problem uses in thegeneral area; the effect that the proposed use is likely to have on the neighborhood; the noise, traffic,and/or visual impacts, as well as other relevant factors, on the compatibility of the proposed use withthe surrounding institutional, business, and residential uses; the potential of the proposed use tocreate or increase loitering or vandalism in the area; and the degree that traffic safety, both on- andoff-site, will be adversely affected by the proposed activity.

As noted in the Proposed Resolution, the proposed use is likely to interfere with the comfortableenjoyment of life or property in the area due to its potential adverse impact on crime problems in thearea, because no evidence has been submitted to confirm that it would not result in blighting ordeterioration in the area, and has the potential to adversely affect the conservation and improvementof the area.

Alcoholic Beverage Findings

Section 16.168.050.C contains four specific Findings for Alcoholic Beverages. The first Findingaddresses the project’s potential to result in nuisance activities on and in close proximity to thesubject site. The three remaining Findings deal with training in ABC alcohol regulations, compliancewith applicable governmental regulations, and the possible need for an ABC Public Convenience orNecessity Finding and do not need to be addressed, because staff is recommending that thePlanning Commission deny the project. With respect to the first of the required Findings, theProposed Resolution states that the use can be expected to result in nuisance activities, due to theadditional calls for police service that be expected from the use. The document also notes that theproject site is located in an area that already experiences a relatively high level of crime problems.

Public Comments

Staff has provided both public notice and advertising to the surrounding neighborhood as required bythe Development Code and, to date, has not received any public communication on the proposedproject. The Planning and Engineering Division of the Community Development Department, thePolice Department, Code Enforcement, other City departments, and the surrounding neighborhoodCity of Stockton Printed on 11/8/2016Page 5 of 6

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Police Department, Code Enforcement, other City departments, and the surrounding neighborhoodhave been notified of this request.

Environmental Clearance

Denial of the application does not constitute a project under the California Environmental Quality Act(CEQA) and, therefore, no environmental analysis is needed for the proposed use.

VOTES

A vote of a majority, four (4), of the total authorized membership of the Planning Commission isrequired for the Commission to transact business or decide any matter.

Attachment A - Aerial Photograph/Site PlanAttachment B - Floor PlanAttachment C - Street ElevationAttachment D - Census Tract 1.00/Liquor Licenses

This staff report was prepared by Planning Manager Richard Larrouy.(209) 937-8627/richard.larrouy@stocktonca.gov.

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Attachment A

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FLOOR PLAN 

Attachment B

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 STREET ELEVATION

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Attachment C

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HAZELTON AV

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UPRR (SPRR)

SCOTTS AV

WORTH ST

UNIONST

CROSSTOWN FWY

EL DORADO ST

BN&SF RRBN&SF RR

MARKET ST

PILGRIMST

HAZELTON AV

LINCOLNST

VANBUREN

ST

MARKET ST

WASHINGTON ST

MADISON ST

COMMERCE ST

CENTER ST

MARKET ST

MAIN STHUNTER ST

WASHINGTON ST

SUTTER ST

MARKET ST

STANISLAUS ST

MAIN ST

CALIF. ST

MARKET ST

AURORA ST

GRANT ST

STANISLAUS ST

CHURCH ST

SONORA

AMERICANST

HAZELTON AV

CALIF. ST

AMERICANST

AURORASTANDERSON ST

STANISLAUS ST

HUNTERST WORTH ST

SUTTERST

SAN JOAQUINST

CHURCH ST

LAFAYETTE ST

HUNTER ST

EL DORADO ST

SONORA ST

CHURCH ST

HARRISONST

HAZELTON

SONORA ST

CHURCH STCENTER ST

SCOTTS AVLINCOLN

ST

COMMERCEST

MADISONST BN&SF RR BN&SF RR

WEBER AV

SONORA

SOUTH SEAWALL PARK

LAFAYETTEPARK

INDEPEN-DENCEPARK

UNIONPARK

GLEASONPARK

SPANOSALEX G

WEBER INSTITUTE

ELEM.

RODGERS VLC

FLORA ST

UPRR (SPRR)UPRR (SPRR)

UPRR

MADISONST

PARK ST

EL DORADO ST

POPLAR ST

CALIFORNIA ST

FLORA ST

HUNTER ST

PARK ST PARK ST

OAK ST

SUTTER ST

CALIFORNIA STSAN JOAQUIN ST

FREMONT ST

LINDSAY STHUNTER ST

MINER AV

CENTER ST

MINER AV

WEBER AV

AIRPORTW

Y

OAK ST

PILGRIMST

FREMONT ST

MINER AVPILGRIMST

CHANNEL ST

WEBER AV

PILGRIMST

ACACIA ST COMMERCE POPLAR ST

MONROEST

PARK ST

FLORA ST

OAK ST

FREMONT ST

CENTER ST

ACACIA ST SANJOAQUIN

STCHANNEL ST

SUTTER ST

GRANT ST

WEBER AV

AMERICAN ST

CHANNEL ST

AURORA ST

LINDSAY ST

STANISLAUS ST

MINER AV

FREMONT ST GRANT ST

OAK ST

AMERICAN ST

AURORA ST

LINDSAY ST

MAIN ST

WEBEREVENTSCENTER

NORTH SEAWALL PARK

MCLEODPARK

DE CARLIPLAZA

CONSTITUTIONPARK

FREMONTPARK

PLAZAPARK

EDENPARK

KING

ELEM.PITTMAN

FRED-ERICKCHS

SAN JOAQUIN ST

MERLOT LN

CTAMERICAN

STOCKTONALTERNATIVEHIGH SCHOOL

BRIDGE PL

AURORAST

TEAMCHARTERSCHOOL

STKN COLLINTL ELEM

STKN COLLINTL SEC

JANET LEIGHPLAZA

CHUNG WAH

##

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##

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Subject Site

CROSSTOWN FREEWAY

Census Tract 1.00 / Liquor Licenses (P16-0307)

|ÿ4

Legend ABC Liquor Licenses2010 Census Tracts Boundary ## BAR## OFF-SALE ALCOHOLON-SALE ALCOHOL

500' R

ADIUS

1000' RADIUS

CT 1.00

Attachment D

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Resolution No.

STOCKTON PLANNING COMMISSION

RESOLUTION DENYING A USE PERMIT TO ESTABLISH A BAR WITH THE ON-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING BUILDING AT 222 NORTH SUTTER STREET (P16-0307)

The applicant, Amar Singh Mathfallu, submitted an application for a Use Permit to allow a bar with the on-sale of general alcoholic beverages in an existing building at222 North Sutter Street; and

The subject Use Permit was processed by Planning staff in accordance with applicable provisions of the Development Code; and

The project site is located in an area of the City that has experienced an above-average number of crimes. Approval of the subject on-sale alcohol use on the project site has the potential to create an unsafe environment for surrounding commercial/retail uses by potentially increasing crimes, loitering, panhandling, drunkenness, encouragingdeterioration or blight in the area, and resulting in additional calls for police service; and

This neighborhood already has an adequate number of alcohol sales outlets and adding another on-sale use has the potential to result in adverse impacts upon the general health and welfare of the neighborhood and increase vagrancy and illegal activities and result in additional calls for police service; now; therefore,

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OFSTOCKTON, AS FOLLOWS:

The Planning Commission hereby denies the request for a Use Permit to establish a bar with the on-sale of general alcoholic beverages in an existing building at 222 NorthSutter Street based on the following findings:

General Findings

1. The subject use is allowed within the CD zoning district, subject to approval of a Use Permit by the Planning Commission, but does not comply with all other applicable provisions of this Development Code. Specifically, it does not meet the three required Location Restrictions regarding proximity to schools, being located in a High Crime Reporting District, and proximity to other alcoholic beverage sales establishments. The subject use does not warrant a Waiver of the noted Location Restrictions, because it does not promote and support economic development in the Downtown District. Specifically,

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the use presents itself more as a vacant building than as a functioning and viable businessand is only proposed to be open 14 hours per week. In addition, the applicant has not provided any plans to upgrade the site’s existing exterior elevations, thereby retaining the existing structure’s blighted appearance. The site’s frontage on Sutter Street consists of a relatively blank block wall with one bank of windows, a roll-up security door over the entrance to the facility, and has no outdoor activity areas. The subject use does not promote and support economic growth in the downtown areas and waiver of the three noted Location Restrictions is not warranted.

2. The subject use would not maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located, because there are currently 31 active on-sale alcohol licenses in the same Census Tract as the subject site (including the site’s existing on-sale alcohol license). The total number includes seven (7) bars (according to ABC regulations, the applicant’s application for a Type 48 License is considered an active license, pending approval of the subject Use Permit by the City). The subject use, because it is bar and is defined as a Problem Use, has the potential tocontinue or increase illegal activities associated with alcohol sales and result in additional demands for police services.

3. The proposed use is not consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan, because it is does not upgrade, beautify, or revitalize an existing commercial area (Land Use Policy No. LU-4.1) and does not promote cleanliness and beautification of the downtown (Economic Development Policy No. ED-3.10), effectively contributing to blight. Specifically, the blank façade, industrial-style roll-up security door, and lack of visibility into the interior result in a site that presents itself more as a vacant building than as an active business and no improvements have been proposed to the site’s frontage on Sutter Street.

4. The subject site would be physically suitable for the type and density/intensity of use being proposed, including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.), because the area is already supplied with all required infrastructure and is an existing commercial use in a commercial area and there are no known physical constraints.

5. The establishment, maintenance, or operation of the subject use at the location proposed and for the time period(s) identified, if applicable, would endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use, because the subject alcohol-related use is likely to result in additional calls for police services related to illegal activities from alcohol sales, including noise, public drunkenness, vandalism, and panhandling and, thereby, place a further strain on

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police resources. In addition, the applicant has previously been cited twice by ABC for violations of alcohol regulations (sales to minors and failure to operate as a bona fide eating place).

6. The design, location, size, and operating characteristics of the subject use would not be compatible with existing and future land uses on the subject site and in the vicinity of the subject property, because it has the potential to be incompatible with existing commercial/retail uses in the vicinity of the project site, as well as with the nearby Downtown Transit Center, due to the creation of additional alcohol-related impacts, such as noise, illegal drug usage and sales, theft, and violent behavior.

7. Denial of the application does not constitute a project under the California Environmental Quality Act (CEQA) and, therefore, no environmental analysis is needed for this action.

Problem Use Findings

1. The subject use has the potential to interfere with the comfortable enjoyment of life or property in the area, because the applicant has failed to provide any evidence that the subject bar (an on-sale alcoholic beverage sales establishment) would not adversely affect the area surrounding the subject site. According to the Police Department’s crime report statistics (2013 through 2015), the average number of crimes reported in all of the Citywide Crime Reporting Districts is 85. The project site is located in Crime Reporting District No. 102. The average number of crimes reported in this District is 222, which is 161.18% above the City-wide average. The Police Department considers any district with an average of 20% or more above the average to be a High Crime Reporting District. The project site is, therefore, located in a High Crime Reporting District.The subject bar, which is defined as a Problem Use, has the potential to increase vagrancy and illegal activities and, therefore, can also be expected to result in additional calls for police service, thereby exacerbating the existing High Crime designation in this area of the downtown Stockton.

2. The subject use will increase or encourage the deterioration or blight of the area, because there are 31 active on-sale alcohol licenses in the subject site’s Census Tract. The area surrounding the subject site is adequately served by those existing alcohol sales outlets, which are comprised of both restaurants and bars. Converting a restaurant with the on-sale of general alcoholic beverages to a bar with the on-sale of general alcoholic beverages results in the creation of a new Problem Use in the subject Census Tract. The area is already served by six (6) bars, which is twice as many as allowed by ABC regulations, based on the population in the Census Tract. Approval of the subject use, would increase the number of bars in the area, which has the potential to worsen safety problems in the neighborhood due to increased crimes, illegal activities, and drunkenness, as well as by increasing or encouraging deterioration or blight in the

26

area. The failure to make substantial investments to upgrade the exterior of the business and reduction of the already extremely limited days and hours of operation have the potential to increase existing blight in the area.

3. The establishment of the subject on-sale alcohol use in the downtown area will not be inconsistent with any City-adopted programs for the conservation, improvement, or redevelopment of the area, because there are no such plans in place at this time. However, approval of the subject use has the potential to be contrary to the improvement and redevelopment of the area, because an additional bar in this area of the downtown has the potential to increase illegal alcohol-related activities, which would adversely affect the quality of the life for area residents and the viability of future retail/commercial development in the surrounding area. The subject business would only be open 14 hours per week and does not have either an active or lively street frontage, which does not support the required rationale for waiver of applicable Location Restrictions. As noted in the staff report for this project, the subject use does not promote and support economic growth in the downtown area. Specifically, the use proposes very limited hours of operation/business activity, does not present a lively or active street frontage, and has no outdoor dining or activity areas.

Alcoholic Beverages Findings

1. The subject use has the potential to result in additional nuisance activitieson or in close proximity to the premises, because the subject use is likely to exacerbate an existing higher-than-average crime rate in the subject Crime Reporting District.Nuisance activities include, but are not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination/defecation, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noise (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or police detentions and arrests.

2. The owners and all employees of the establishment would complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other “Responsible Beverage Sales” (RBS) or any other California Department of Alcoholic Beverage Control Board (ABC) approved program within 60 days of hire for employees hired after the passage of this Development Code or within six (6) months of the passage of this Development Code for existing employees. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board, Service Advisory Board or other certifying/licensing body designated by the State of California. This requirement is not applicable, due to the denial of the subject Use Permit.

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3. The subject use will comply with all provisions of local, state and federal laws, rules, regulations, policies, or orders, including, but not limited to, those promulgated and or enforced by the ABC, California Business and ProfessionsCode sections 24200, 24200.6, and 25612.5, and any condition imposed on any valid permit(s) issued pursuant to applicable laws, regulations or other authority. This includes compliance with annual city business license fee. This requirement is not applicable, due to the denial of the subject Use Permit.

4. A finding of Public Convenience or Necessity is not required, because ABC has determined that exchanging one type of on-sale alcohol license (Type 47) for a different type of on-sale license (Type 48) does not result in a net increase in the number of active on-sale licenses and does not increase the existing overconcentration of on-sale alcohol licenses in the Census Tract.

PASSED, APPROVED, and ADOPTED November 17, 2016 .

AYES:

NAYS:

ABSENT:

KEVIN HERNANDEZ, CHAIRCity of Stockton Planning Commission

ATTEST:

DAVID KWONG, SECRETARYCity of Stockton Planning Commission

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City of Stockton

Legislation Text

File #: 16-3074, Version: 1

USE PERMIT TO ESTABLISH A PROPOSED LIQUOR STORE WITH THE OFF-SALE OFGENERAL ALCOHOLIC BEVERAGES IN AN EXISTING COMMERCIAL BUILDING AT 6221WEST LANE (P16-0335)

RECOMMENDATION

Staff recommends that the Planning Commission adopt a resolution approving a Use Permit toestablish a proposed liquor store with the off-sale of general alcoholic beverages in an existingbuilding at 6221 West Lane, in accordance with the Findings for Decision detailed herein.

Summary

The applicant, Kuruvilla Mattahil, is seeking to relocate an existing liquor store (MFL Liquors) with theoff-sale of general alcoholic beverages (Type 48, off-sale general alcohol) at 6111 West Lane, Suite101 to an existing commercial building in the same integrated commercial center at 6221 West Lane(Attachment A - Location Map and Aerial Photograph). The project has been reviewed against theDevelopment Code’s standards for alcoholic beverage sales uses. The subject use does not complywith Location Restrictions related to the site’s proximity to sensitive land uses and location within ahigh Crime Reporting District and the applicant has requested that the Commission exercise itsdiscretion under Stockton Municipal Code (SMC) Section 16.80.040(D)(2)(d)(ii) and waive the notedLocation Restrictions. Staff recommends that the Location Restrictions be waived because theproject is consistent with General Plan Land Use Policy Nos. LU-4.1, LU-4.8, and LU-4.10 regardingthe promotion of economic business growth in the vicinity of the subject site. The applicant wants toexpand his business and doesn’t have an area to do so at his current location. This relocation of hisbusiness approximately 250 feet away in the same shopping center will accommodate its proposedgrowth from 3,000 square foot to approximately 4,000 square feet in size and continue to be aneighborhood serving commercial use with a relatively low crime rate. As a result, staff isrecommending that the Planning Commission approve the Use Permit application based on therecommended Findings for Decision.

DISCUSSION

Background

The commercial center is zoned CG (Commercial, General) and is bounded to the:

· north by an existing apartment complex zoned CO (Commercial, Office),

· east across West Lane by an existing movie theater zoned CG,

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· south across Swain Road by a vacant lot zoned CO, and

· west across Tam O’Shanter Drive by an existing fire station, an office building and an irrigationsupply business zoned IG (Industrial, General).

The General Plan designates the project site for Commercial land uses. This land use designationand the accompanying CG zoning conditionally allow a liquor store with the off-sale of generalalcoholic beverages, subject to securing an approved Use Permit from the Planning Commission.

The existing 6.7-acre commercial center, located at the northwest corner of West Lane and SwainRoad, is currently occupied by two existing commercial buildings (one building on the north side andthe other building on the south side of the property). The existing 3,000-square foot liquor store islocated in the eastern end of the southern building. As background, the liquor store has an approvedUse Permit (UP09-268) that was issued in 2010. The applicant, who is the original business owner,has been operating the liquor store since August of 2011. Because the applicant wants to expand hisbusiness and doesn’t have an area to do so at his current location, he is requesting a Use Permit toallow the relocation of his existing liquor store to the southeastern corner of the northern building inthe same commercial center. The new liquor store would be approximately 4,000 square feet in size.SMC Section 16.80.040.C defines liquor stores as businesses having more than 20 percent of theirgross floor area devoted to the sale, display, and/or storage of alcohol. The applicant has advisedstaff that the subject use would have approximately 70 percent of its gross floor area devoted to thesale, display, and/or storage of alcohol. According to the applicant, general alcohol would bedisplayed in a locked cabinet on the north side of the business. Beer and wine would be displayed inwalk-in coolers on the west and south sides of the store. The planned hours of operation for thesubject use will be the same as for the existing store: from 8:00 a.m. to 11:00 p.m., Sunday throughThursday, and from 8:00 a.m. to 12:00 a.m. (midnight), Friday and Saturday. To ensure that anotheroff-sale alcohol use is not established at the applicant’s current liquor store, staff is recommendingthat the Planning Commission condition the subject Use Permit to require the property owner tosurrender the approved Use Permit (UP09-268) at 6111 West Lane, Suite 101.

Census Tract Overconcentration

The subject commercial center, containing both the existing and proposed liquor stores, is located inCensus Tract 34.07. Based upon the population in that geographic area, the State Department ofAlcoholic Beverage Control (ABC) has determined that two (2) off-sale alcoholic beverageestablishments are allowed within the Census Tract. There are currently six (6) existing off-salelicenses in the Census Tract, including the applicant’s Type 48 license. In addition, three (3) on-salealcoholic beverages establishments are allowed and five (5) are existing within the Census Tract(Attachment B - Census Tract 34.07/Liquor Licenses). The area is, therefore, overconcentrated withrespect to both off-sale and on-sale establishments. According to ABC staff, transferring theapplicant’s Type 48 License from the current location to the new location would not result in a netincrease in the number of active off-sale alcohol licenses and would not increase the existingoverconcentration in the Census Tract. Therefore, a Finding of Public Convenience or Necessity(PCN) will not be required for the subject Use Permit.

Location Restrictions

Stockton Municipal Code (SMC) Section 16.80.040 contains the following Location Restrictions forCity of Stockton Printed on 11/9/2016Page 2 of 7

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Stockton Municipal Code (SMC) Section 16.80.040 contains the following Location Restrictions foralcoholic beverage sales establishments:

Proximity to Schools and Parks

Section 16.80.040.D(2) generally requires a minimum separation of 500 feet between a new off-salealcoholic beverage establishment and public or private academic schools for students inkindergarten through 12th grade, nursery schools, preschools, day care facilities, public parks,playgrounds, recreational areas, or youth facilities. Two traditional public schools, Hong-KingstonElementary and Valenzuela Elementary (Stockton Unified School District), are located approximately4,300 feet to the west of the project site. Another public school, Rio Calaveras Elementary (StocktonUnified School District), is located approximately 4,200 feet to the southeast of the subject site.According to records maintained by the San Joaquin County Office of Education, there are noCounty OneSchools located within 500 feet of the project site. There are no parks, playgrounds, orrecreational areas within 500 feet of the project site. However, there is an existing day care centerlocated in an existing multi-family residential complex at 6119 Danny Drive. The center is locatedapproximately 320 feet to the southwest of the subject site. Due to the proximity of the noted daycare center, the subject use does not comply with the noted minimum required separation.

The applicant has requested that this Location Restriction be waived by the Planning Commission,using its discretion under Development Code Section 16.80.040.D.2.a. In support of the request, theapplicant stated that he has not received any complaints from the day care business ownerregarding alcoholic beverage sales since he opened the existing liquor store in 2011. Further, therelocation of the subject use in the same commercial center would maintain compatibility withsurrounding uses, encourage a small business expansion, and serve the residential and commercialneighborhoods in the vicinity of the subject site.

High Crime Reporting District

SMC Section 16.80.040.D(2)(d)(ii) provides that a business with the off-sale of alcoholic beveragesmay not be located in a Crime Reporting District (CRD), where the average number of crimes in thatdistrict exceeds the average number of crimes for all Crime Reporting Districts Citywide by more than20 percent. The project site is located in CRD No. 360. For the purpose of tabulating CRD crimestatistics, the Police Department tracks only Part 1 crimes, which consist of homicide, rape, robbery,aggravated assault, burglary, auto theft, larceny, and arson. According to the Police Department’scrime reporting statistics (2013 through 2015), the average number of crimes reported in all of theCitywide CRD is 85. The number of crimes reported in the subject CRD is 201, which exceeds theaverage by 136.47% (Attachment C - Crime Reporting District Map). The proposed use does notcomply with this noted Location Restriction. The applicant has requested that this LocationRestriction be waived by the Commission, using its discretion under the Code.

According to Calls for Service (CFS) statistics from the Police Department, the location at 6111 WestLane had a total of the 49 CFS between August of 2015 and August of 2016. Ten of the 49 CFSresulted in crime reports for accident/property damage, resisting arrest, robbery, burglary auto, theft,criminal threat, and public drunkenness. The statistics indicated that only one of the ten crime reportswas directly related to the existing liquor store and that it was related to a robbery incident. Therelatively low crime rate associated with the subject use and site could be expected to result ingreater sales and potential economic growth than would be expected in an area with a significantlyCity of Stockton Printed on 11/9/2016Page 3 of 7

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greater sales and potential economic growth than would be expected in an area with a significantlyhigher number of crime problems and Calls for Service.

Rationale for WaiversThe SMC provides the applicable Review Authority with the discretion to waive the two notedLocation Restrictions to promote and support local economic business growth throughout the City.The following General Plan policies are relevant to the requested waiver of the noted LocationRestrictions:

· Land Use Policy No. LU-4.1 Commercial Revitalization - The City shall encourage theupgrading, beautification, revitalization, and appropriate reuse of existing commercial areasand shopping centers;

· LU-4.8 Neighborhood Serving Commercial - The City shall encourage small neighborhoodserving commercial uses adjacent to and within residential areas where such uses arecompatible with the surrounding area and mitigate any significant impacts (i.e., traffic, noise,lighting); and

· LU-4.10 Commercial Cluster Encouragement/Protection - The City shall encourage theclustering of commercial uses and discourage the splitting of commercial clusters or centersby arterial roadways.

The subject Use Permit is consistent with the noted City General Plan Policies, because the reuse ofa portion of the existing commercial building may encourage other businesses to occupy theremaining vacant space in the building, thereby helping to revitalize the overall commercial center.Because there are no other off-sale alcohol establishments in the vicinity of the project site, approvalof the subject Use Permit would allow area residents to purchase merchandise and/or alcohol withintheir neighborhood and reduce potential traffic-related impacts to the surrounding neighborhoods.Further, the subject use encourages clustering of commercial uses in the center and has the potentialto decrease the deterioration or blight in the area. Staff, therefore, recommends that the notedLocation Restrictions be waived.

Proximity to Other Alcoholic Beverage Sales Establishments

Section 16.80.040.D(2)(d)(ii) provides that an off-sale alcohol establishment shall not be located in anarea within 500 feet of an existing off-sale alcoholic beverage establishment or in an location thatwould lead to the grouping of more than four (4) off-sale alcoholic beverage establishments within a1,000-foot radius. There are no other off-sale alcohol establishments within a 500-foot or a 1,000-footradius of the subject site (Attachment B - Census Tract 34.07/Liquor Licenses). The subject usecomplies with both of the noted minimum separation requirements for off-sale alcoholestablishments.

Findings

The Development Code contains specific Findings, all of which must be made in the affirmative tosupport the approval of a Use Permit. If one or more of the Findings cannot be made, the Use Permit

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cannot be approved.

General Findings

There are seven required General Findings in SMC Section 16.168.050.A. They require compliancewith all applicable provisions in the SMC; maintaining the integrity and character of the applicablezoning district; consistency with applicable General Plan objectives and policies; physical suitabilityof the site for the proposed use; not endangering or jeopardizing the public health, safety, peace, orgeneral welfare of the public; compatibility with surrounding uses; and consistency with the CaliforniaEnvironmental Quality Act. As indicated in the staff report’s Proposed Resolution, the subject use isallowed in the CG zone with an approved Use Permit and complies with applicable provisions of theDevelopment Code with waivers for the two noted Location Restrictions with which the applicantdoes not comply. The subject use would be consistent with the Commercial land use designation ofthe General Plan and the site would be physically suitable for the proposed use, including theprovision of utility services (e.g. sanitation and water), public access, and the absence of physicalconstraints (e.g. earth, movement, flooding, etc.). Further, the project would strengthen the integrityof the surrounding area, would not jeopardize or be hazardous to public peace and welfare, andwould be compatible with surrounding land uses.

Problem Use Findings

Section 16.168.050.B contains the following three specific Findings for Problem Uses:

1. The proposed use is not likely to interfere with the comfortable enjoyment of life or property inthe area;

2. The proposed will not increase or encourage the deterioration or blight of the area; and

3. The establishment of an additional use of this type in the area will not be contrary to anyprogram of neighborhood conservation, improvement, or redevelopment, either residential ornonresidential.

Staff believes that the noted Problem Use findings can be affirmatively made for the project. Thesubject use, as conditioned, is not likely to interfere with the comfortable enjoyment of life or propertyin the area, because the recommended Conditions of Approval require the business operator toinstall a video surveillance system inside and outside of the commercial building and theestablishment of a “complaint response community relations program” would decrease crime orsimilar impacts associated with Problem Uses in the vicinity area of the project site. In addition, stafffrom ABC stated that the applicant has not had any violations of alcohol regulations since openingthe business.

The subject use will not increase or encourage the deterioration or blight of the area, because theproposed use is not located in an area within 500 feet of an existing off-sale alcoholic beverageestablishment or in a location that would lead to the grouping of more than four (4) off-sale alcoholicbeverage establishments within a 1,000-foot radius. The recommended Conditions of ApprovalCity of Stockton Printed on 11/9/2016Page 5 of 7

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beverage establishments within a 1,000-foot radius. The recommended Conditions of Approvalrequire the business operator to install security lighting around the exterior of the premises and theparking lot, helping to provide a safer environment for the store’s customers and area residents.

The establishment of the subject use in the area is not expected to be contrary to any program ofneighborhood conservation, improvement, or redevelopment plan, either residential or non-residential, because there are no such programs applicable to the project site or in the immediatearea.

Alcoholic Beverage Findings

Section 16.168.050.C contains the four specific Findings for Alcoholic Beverages. The Findingsaddress the project’s potential to result in nuisance activities on and in close proximity to the subject;the completion of a training course in Licensee Education on Alcohol and Drugs (LEAD) or any otherABC approved programs; compliance with all provisions of local, state and federal laws, rules, andregulations; and required criteria for a Public Convenience or Necessity Finding, if required.

Staff believes that the Alcoholic Beverage Findings can be affirmatively made for this project. Thesubject use is not expected to result in nuisance activities, because the applicant will be required bythe recommended Conditions of Approval to install surveillance cameras on-site and have a zerotolerance policy on violence and service to minors. The applicant has indicated that he would workwith law enforcement staff to combat any problems in the surrounding area of the subject site andestablish a Complaint Response Community Relations Program, also as required by therecommended Conditions of Approval within the Proposed Resolution.

The owners and all employees of the establishment will be required to complete an approved trainingcourse in Licensee Education on Alcohol and Drugs (LEAD) or another ABC-approved programwithin 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 andapproving the subject Use Permit will not require a Finding of PCN, because transferring a Type 48License from the current location to the new location in the same Census Tract will not result in a netincrease in the number of active off-sale alcohol licenses.

Public Comments

On October 3, 2016, the applicant held a community outreach meeting for residents of thesurrounding neighborhood to discuss a number of topics, including the proposed liquor storerelocation. Notice for the meeting, which was held in the banquet hall at 6111 West Lane, wasprovided to all property owners within 300 feet of the overall commercial center. (Attachment D -Community Outreach Meeting Information). One neighborhood resident attended the meeting. Sheindicated that the parking lot was very secure and she walked through it all the time. No one inattendance at the meeting was opposed to the relocation of the liquor store.

Staff has provided both public notice to the surrounding neighborhood and published a legal adregarding the project and, to date, has not received any public communication on the proposedCity of Stockton Printed on 11/9/2016Page 6 of 7

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regarding the project and, to date, has not received any public communication on the proposedproject. The Planning and Engineering Service Division of the Community Development Department,the Police Department, Code Enforcement, other City departments, and the surroundingneighborhood have been notified of this request.

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.

Votes

A vote of a majority, four (4), of the total authorized membership of the Planning Commission isrequired for the Commission to transact business or decide any matter.

Attachment A - Location Map and Aerial PhotographAttachment B - Census Tract 34.07/Liquor LicensesAttachment C - Crime Reporting District MapAttachment D - Community Outreach Meeting Information

This staff report was prepared by Senior Planner Jenny Liaw.(209) 937-8316/jenny.liaw@stocktonca.gov

City of Stockton Printed on 11/9/2016Page 7 of 7powered by Legistar™35

Attachment A

 

 

Location Map

Project Site

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Attachment A

Aerial Photograph

Existing Liquor Store

Proposed Liquor Store

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Attachment C

 

Crime Reporting District Map

Project Site

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Attachment D

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AttachmeAnt

DAttachment DA

Attachment D

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AA

Attachment D

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Resolution No.  

STOCKTON PLANNING COMMISSION   

RESOLUTION APPROVING A USE PERMIT TO ESTABLISH A PROPOSED LIQUOR STORE WITH THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING COMMERCIAL BUILDING AT 6221 WEST LANE (P16-0335)

The applicant, Kuruvilla Mattahil, submitted an application for a Use Permit to relocate an existing liquor store with the off-sale of general alcoholic beverages at 6111 West Lane to 6221 West Lane, a new location in an existing building across the parking lot from the existing location; and

The proposed 4,000-square foot liquor store will be located in the southeast corner

of an existing vacant commercial building. The building is located on the north side of an existing integrated commercial center at the northwest corner of West Lane and Swain Road; and

Approving the subject use would result in the reuse of a portion of the existing

building in the commercial center and may encourage other businesses to occupy the remaining vacant space in the building and revitalize this center. The subject use at the above-noted location would allow area residents to purchase merchandise and/or alcohol within a reasonable distance of their homes and reduce potential traffic-related impacts in the surrounding residential and commercial neighborhood. Further, the subject use would encourage the clustering of commercial uses; now; therefore,

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF STOCKTON, AS FOLLOWS:

The Planning Commission hereby approves the request for a Use Permit

to allow the establishment of a liquor store with the off-sale of general alcoholic beverages at 6221 West Lane (Exhibit 1 – Site and Floor Plan) based on the following Findings for Decision and Conditions of Approval:

General Findings:

1. The subject use is allowed in the CG (Commercial, General) zoning district, subject to approval of a Use Permit by the Planning Commission and complies with all applicable provisions of this Development Code, with the exception of two Location Restrictions, for which waivers have been requested and granted. The

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subject use warrants waiver for two of the required Location Restrictions regarding proximity to a day care center and being located in a Crime Reporting District (CRD) where the average number of Part 1 crimes in that district exceeds the average number of crimes for all CRDs Citywide by more than 20 percent, because it would promote and support local economic development, encourage reuse of an existing commercial building, and revitalize an existing commercial center by the reuse of a portion of the existing commercial building. In addition, the subject use may encourage other businesses to occupy the remaining vacant space in the subject building.

2. The subject use, as conditioned, would maintain the integrity and character of the surrounding neighborhood, because the subject use would operate in an existing commercial building in the CG zoning district and be compatible with existing commercial uses in the commercial center. It also has the potential to encourage other commercial businesses to occupy the remainder of the subject building.

3. The subject use would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan, because it would upgrade, beautify, or revitalize an existing commercial building (Land Use Policy No. LU-4.1); possibly encourage the establishment of new neighborhood-serving commercial uses to nearby residential areas (Land Use Policy No. LU-4.8); and encourage the clustering of commercial uses (Land Use Policy No. LU- 4.10).

4. The subject site would be physically suitable for the type and

density/intensity of use being proposed, including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.), because the area is already supplied with all required infrastructure and the subject use is located in an existing commercial building and there are no known physical constraints.

5. The establishment, maintenance, or operation of the subject use at the

location proposed and for the time period(s) identified, if applicable, is not expected to endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use, because the Conditions of Approval address potential public health and safety issues that may be associated with the subject use.

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6. The design, location, size, and operating characteristics of the subject use are expected to be compatible with existing and future land uses on-site and in the vicinity of the subject property, because the subject use is classified as a Retail Trade use, in accordance with Table 2-2 (Allowable Land Uses and Permit Requirements) of the Development Code and the subject use is compatible with other retail uses already in place in the vicinity of the subject use. The anticipated customer base, traffic patterns, noise levels, and general operational conditions of the subject liquor store are similar to those of nearby commercial uses.

7. The proposed action would be Categorically Exempt from the provisions of

Section 15301, Class 1, of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines, because it will be located within an existing commercial building and existing infrastructure is adequate to serve the site and subject use.

Problem Use Findings

1. The subject use is not likely to interfere with the comfortable enjoyment of life or property in the area, because the Conditions of Approval require the business operator to install a video surveillance system inside and outside of the commercial building and to establishment of a “Complaint Response Community Relations Program” that is expected to decrease crime or similar impacts in the vicinity area of the project site associated with the subject Problem Use.

2. The subject use will not increase or encourage the deterioration or blight of the area, because the proposed use is not located in an area within 500 feet of an existing off-sale alcoholic beverage establishment or a location that would lead to the grouping of more than four (4) off sale alcoholic beverage establishments within a 1,000-foot radius. The Conditions of Approval require the business operator to install security lighting around the exterior of the premises and the parking lot, helping to provide a safer environment for the store’s customers and area residents.

3. The establishment of the subject use will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential, because there are no such programs in place in the subject neighborhood.

Findings for Alcoholic Beverages

1. The subject use will not result in nuisance activities on or in close proximity to the premises (nuisance activities include, but are not limited to: disturbing the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination/defecation,

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theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noise (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or police detentions and arrests), because the applicant will install surveillance cameras on-site and will have a zero tolerance policy on violence and service to minors. The applicant has indicated that he will work with law enforcement staff to combat any problems in the surrounding area and establish a Complaint Response Community Relations Program, as required by the Conditions of Approval.

2. The owners and all employees of the establishment will be required to complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), other “Responsible Beverage Sales” (RBS), or any other California Department of Alcoholic Beverage Control Board (ABC) approved program within 60 days of hire for new employees or within six (6) months for existing employees. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board, Service Advisory Board, or other certifying/licensing body designated by the State of California, as required under the Code and in the Conditions of Approval.

3. The subject use will comply with all provisions of local, state and federal laws, rules, regulations, policies, or orders, including, but not limited to, those promulgated and or enforced by the ABC, California Business and Professions Code Sections 24200, 24200.6, and 25612.5, and any conditions imposed on any valid permit(s) issued pursuant to applicable laws, regulations, or other authority. This includes compliance with annual City business license fees, because this is required under the SMC and the applicant has indicated that all federal, state and local regulations will be adhered to.

4. A finding of Public Convenience or Necessity is not required, because ABC has determined that transferring a Type 48 License from the current location to the new location in the same census tract will not result in a net increase in the number of active off-sale alcohol licenses.

Conditions of Approval 1. Comply with all applicable Federal, State, County, and City codes,

regulations, and adopted standards, and pay all applicable fees.

2. In the event the operation of this use should prove detrimental to the health, safety, peace, or general welfare of the surrounding neighborhood, this Use Permit shall be subject to revocation or modification as provided in the Development Code.

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3. The Use Permit shall become effective following the completion of a ten-day appeal period following approval of the application.

4. No single sale of beer, miniature bottles of alcohol or spirits, or malt liquor

in containers of 40 ounces or less shall be permitted in the subject liquor store.

5. Pay telephones on the site of the establishment shall be required to be of 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.

6. The business owner shall establish a “Complaint Response Community

Relations Program” that will include:

A. a sign posted 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; and

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.

7. The following signs are required to be prominently posted in a readily-visible

manner on an interior wall or fixture, and not on windows, in English, Spanish, and any other predominant language of the patrons:

A. California State Law prohibits the sale of alcoholic beverages to

persons under 21 years of age.

B. “No Loitering or Public Drinking” signs shall be posted on the exterior of the business.

C. The business shall post E.A.S.Y. (Eliminate Alcohol Sales to Youth)

materials that are visible from outside the business.

D. 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.

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8. The Use Permit shall be posted in a conspicuous place and be made available immediately to City personnel upon inspection of the premises.

9. The subject use shall be required to operate in a manner appropriate with

mitigating alcohol-related problems that negatively affect those individuals living or working in the neighborhood, including but not limited to, sales to minors, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug-dealing, drug use, loud noise, and litter.

10. The establishment’s operators and employees shall be required to

discourage loitering on or near the premises and to ask persons loitering longer than 15 minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws, if persons requested to leave fail to do so.

11. Prior to the initiation of the subject use, the most current technology for a

video surveillance system with at least a seven-day (7) 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 premises.

12. No more than 20 percent of windows or clear doors shall bear advertising

of any sort and all advertising signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance.

13. The business owners and all employees of the alcoholic beverage sales

establishment who are involved in the sale of alcoholic beverages shall complete an approved course in “Responsible Beverage Sales” (RBS), or any other ABC approved course, within 60 days of hire for new employees or within six (6) months for existing employees. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board, other certifying/licensing body Service Advisory Board, or other certifying/licensing body designated by the State of California.

14. Prior to the initiation of the subject use, exterior areas of the premises shall

be provided with sufficient lighting in a manner that provides adequate illumination for the patrons of the off-sale alcohol establishment while not spilling onto surrounding parcels and rights-of-way.

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15. The property owner shall be responsible for surrendering the previously- approved Use Permit (UP09-268) issued to 6111 West Lane, Suite 101, within 30 days of approval of the subject Use Permit.

PASSED, APPROVED, and ADOPTED November 17, 2016 .

KEVIN HERNANDEZ, CHAIR City of Stockton Planning Commission

ATTEST: DAVID KWONG, SECRETARY City of Stockton Planning Commission

 

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Exhibit 1

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Exhibit

Exhibit 1

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