Item 5.02 STAFF REPORT March 14, 2013

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1 Item 5.02 STAFF REPORT March 14, 2013 TO: FROM: SUBJE: RECOMMENDATION Planning Commission Richard Larrouy, Planning Manager 8010 HOLMAN ROAD, SUITE A; APPLICATION NO REQUESTING APPROVAL OF A USE PERMIT FOR GENERAL ALCOHOLIC BEVERAGE SALES (OFF-SALE) AT A PROPOSED LIQUOR STORE; APPLICANT RAJBIR SINGH GILL; OWNER JIMENEZ HOLMAN ROAD RANCH; CG (COMMERCIAL, GENERAL) ZONING DISTRI It is recommended that the Planning Commission approve the application for a Use Permit for the off-sale of general alcoholic beverages in accordance with the findings for decision and subject to the conditions of approval detailed therein. Summary The applicant/owner, Rajbir Singh Gill, would like to obtain a use permit for the off-sale of general alcoholic beverages to satisfy his prospective customers needs. Mr. Gill has indicated that in addition to various other grocery items, he will display alcohol in shelves on the east and west sides of the business, as well as on shelves near the back of the store. The proposed hours of operation for the business are Sunday through Friday, 8 a.m. to 10 p.m., and Saturday, 8 a.m. to 11 p.m. Approval of the Use Permit will allow Mr. Gill to sell general alcoholic beverages in a proposed liquor store at this location.. DISCUSSION Background The 1,500-square foot suite is located within an existing 5,000-square foot commercial building in the northwest corner of the shopping center located at the northeast corner of Hammer Lane and Holman Road. The shopping center is located within the CG (Commercial, General) zoning district and is approximately 15 acres in size. It is bounded to the: north across Wakeman Drive by residences zoned RL (Residential, Low Density ; east by residences zoned RL and the East Bay Municipal Utility District right-of-way (unzoned); south across Hammer Lane by a variety of retail uses zoned CA (Commercial, Auto) and CG; and west across Holman Road by a shopping center containing a retail store (WalMart) and a co-branded fast food restaurant/gas station (McDonald s and Chevron) zoned CG (see attached exhibits). Project Description The applicant is requesting a Use Permit from Planning Commission to allow the off-sale of general alcoholic beverages in order to satisfy his prospective customers needs. According to the applicant, the display of alcohol will be located in shelves on the east and west sides of the business, as well as on shelves near the back of the store. The store will also sell a variety of

2 Item 5.02 STAFF REPORT March 14, 2013 grocery items, prepared food and bait and tackle items. The proposed hours of the operation for the business are: Sunday through Friday from 8 a.m. to 10 p.m. and Saturday from 8 a.m. to 11 p.m. The project site is located within Census Tract Based upon the population in that geographic area, the State Department of Alcoholic Beverage Control (ABC) has determined that 17 off-sale alcoholic beverage establishments are allowed in the census tract. Currently, there are seven off-sale establishments within the census tract, not including the applicant s proposed off-sale general alcoholic beverage license. With approval of this Use Permit and the subsequent issuance of the off-sale alcoholic beverage sales license by ABC, a total of eight off-sale licenses would be in place within the census tract. Analysis The following general findings are required for all use permits: 1. The proposed use is allowed within the subject zoning district with the approval of a use permit and complies with all other applicable provisions of this Development Code and the Municipal Code; The proposed use, Alcoholic Beverage Sales (Off-Sale), is allowed in the CG (Commercial, General) Zoning District with the approval of a Use Permit, per SDC , Table 2-2. The use otherwise complies with all other applicable provisions of the SDC and the Municipal Code, including those related to parking. Further, SDC A imposes a separation of 300 feet between an off-sale establishment and a public or private school with grades kindergarten through 12th. The proposed use fully complies with this separation requirement, as the nearest school is located 2,400 feet from the project site. 2. The proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located; The proposed use, as conditioned, would maintain the integrity and character of the existing and nearby commercial shopping centers, as well as adjacent residential neighborhoods, and the CG zoning district, because it would provide additional retail opportunities. 3. The proposed 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; The project site has a General Plan Land Use designation of Commercial. The use of the site for commercial purpose, as proposed, is consistent with the General Plan objectives, policies and programs for this designation. The site and proposed use are not affected by other plans. 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.); The requested land use would not increase the demand for provision of service or public access and would not be affected by physical constraints. The Stockton Police Department was

3 Item 5.02 STAFF REPORT March 14, 2013 consulted and indicated that there were no major problems in the area that would suggest that excessive Police resources would be required to serve the proposed land use. 5. The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; Though the sale of alcoholic beverages is a potentially detrimental use, if operated irresponsibly, this approval would contain a series of conditions of approval that would minimize this effect. 6. The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property; and The sale of alcoholic beverages within the proposed liquor store is compatible with similar retail, restaurant, and service uses in the shopping center. 7. The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines. The project is categorically exempt under the California Environmental Quality Act (CEQA), pursuant to Section of the CEQA Guidelines because it constitutes reuse of an existing facility. Alcoholic Beverage Sales (Off-Sale) is considered a Problem Use and is subject to the additional regulations contained in SDC These regulations include the following criteria which are to be considered by the Planning Commission before a use permit can be approved. 1. The proposed use with respect to the proximity and type of other problem uses; 2. The effect of dispersal or concentration of problem uses in the general area; 3. The effect that the proposed use is likely to have on the neighborhood; 4. The noise, traffic, and/or visual impacts, as well as other relevant factors, on the compatibility of the proposed use with the surrounding institutional, business, and residential uses; 5. The potential of the proposed use to create or increase loitering or vandalism in the area; and 6. The degree that traffic safety, both on- and off-site, will be adversely affected by the proposed activity. There are no problem uses located in the shopping center that contains the subject liquor store. In fact, there is only one existing alcohol-related use a restaurant with the on-sale of beer and wine (Round Table Pizza) in the same building as the proposed liquor store. The nearest problem uses are a convenience store with the off-sale of beer and wine at the northwest corner of Hammer Lane and Holman Road, a large retail store with the off-sale of general alcoholic beverages across Holman Road from the project site and a liquor store with the off-sale of

4 Item 5.02 STAFF REPORT March 14, 2013 general alcoholic beverages on the south side of Hammer Lane, 330 feet west of Holman Road. This concentration of problem uses in the area does not appear to be excessive, since each store offers a unique product, in terms of the balance of products offered, or is geographically located to serve a different customer base. It is unlikely that the proposed use will directly and adversely affect the broader neighborhood based on the noted concentration. As such, criteria 1-4 are satisfied. The business will not necessarily invite loitering or vandalism and conditions of approval have been included to further address this concern. The use will not affect traffic safety. Criteria 5-6 are similarly satisfied. The above criteria are then to be used to inform the following required additional findings for problem uses (SDC B): 1. The proposed use is not likely to interfere with the comfortable enjoyment of life or property in the area; The proposed use, as conditioned, is not likely to interfere with the comfortable enjoyment of life or property in the area because the included conditions will require improved performance and training by the operator and installation of cameras and signs that will serve as a deterrent to crime or similar impacts associated with problem uses. 2. The proposed use will not increase or encourage the deterioration or blight of the area; and The proposed use, as conditioned, will not increase or encourage the deterioration of blight of the area because the use will be contained wholly within an existing commercial building within the shopping center, which uses consistent architectural and sign programs. 3. The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential. There are not any identifiable or City-sanctioned neighborhood conservation, improvement, or redevelopment programs applicable to the project site or immediate area. Public Notification In accordance with Stockton Development Code Section , public hearing notices were mailed to all owners of property within 300 feet of the project site/parcel, the property owner and the applicant. Environmental Determination The project is categorically exempt under the California Environmental Quality Act (CEQA), pursuant to Section of the CEQA Guidelines because it constitutes reuse of an existing facility CONCLUSION In conclusion, the proposed liquor store with the off-sale of general alcoholic beverages, as conditioned, appears to satisfy all requirements of the Stockton Development Code, and affirmative findings for approval can be made. As such, staff recommends that the Planning Commission approve the Use Permit for Alcoholic Beverage Sales (Off-Sale), which is attached.

5 Item 5.02 STAFF REPORT March 14, 2013 Respectfully submitted, STEVE CHASE, DIREOR COMMUNITY DEVELOPMENT DEPARTMENT Attachment A - Use Permit with Findings for Decision and Conditions of Approval (Recommended) Attachment B - Location Map Attachment C - Application Materials cc: Applicant Property Owner

approved application P13-031, authorizing this Use Permit which allows a liquor store with the off-sale of general alcoholic beverages (use type: Alcoholic Beverage Sales (Off-Sale) ) at 8010 Holman

The proposed use, Alcoholic Beverage Sales (Off-Sale), is allowed in the CG (Commercial, General) Zoning District with the approval of a Use Permit, per Stockton Development Code ( SDC ) 16.20.

A imposes a separation of 300 feet between an off-sale establishment and a public or private school with grades kindergarten through 12th.

The proposed use, as conditioned, would maintain the integrity and character of the immediate commercial neighborhood and CG zoning district because it would provide additional commercial services

6 Item 5.02 ATTACHMENT 1 March 14, 2013 CITY OF STOCKTON COMMUNITY DEVELOPMENT DEPARTMENT Use Permit P Holman Road, Suite A On March 14, 2013, the Planning Commission of the City of Stockton approved application P13-031, authorizing this Use Permit which allows a liquor store with the off-sale of general alcoholic beverages (use type: Alcoholic Beverage Sales (Off-Sale) ) at 8010 Holman Road, Suite A. This approval was based on the following findings: Use Permit Alcoholic Beverage Sales (Off-Sale) ( A) 1. The proposed use, Alcoholic Beverage Sales (Off-Sale), is allowed in the CG (Commercial, General) Zoning District with the approval of a Use Permit, per Stockton Development Code ( SDC ) , Table 2-2. The use otherwise complies with all other applicable provisions of the SDC and the Stockton Municipal Code ( SMC ), including those related to parking. Further, SDC A imposes a separation of 300 feet between an off-sale establishment and a public or private school with grades kindergarten through 12th. The proposed use fully complies with this separation requirement, as the nearest school is located 2,400 feet from the project site; 2. The proposed use, as conditioned, would maintain the integrity and character of the immediate commercial neighborhood and CG zoning district because it would provide additional commercial services and retail opportunities. 3. The proposed 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 the project site has a General Plan Land Use designation of Commercial. The use of the site for commercial purpose, as proposed, is consistent with the General Plan objectives, policies and programs for this designation. The site and proposed use are not affected by other plans; 4. The subject site is 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 requested land use would not increase the demand for provision of service or public access and would not be affected by physical constraints. The Stockton Police Department was consulted and indicated that there were no major problems in the area that would suggest that excessive Police resources would be required to serve the proposed land use; 5. The establishment, maintenance, or operation of the proposed use, as conditioned, at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use because, although the the sale of alcoholic beverages is a potentially detrimental use, if operated irresponsibly, this approval would contain a series of conditions of approval that would minimize this effect;

7 Item 5.02 ATTACHMENT 1 March 14, The design, location, size, and operating characteristics of the proposed use, as conditioned, would be compatible with the existing and future land uses on-site and in the vicinity of the subject property because the sale of alcoholic beverages within the proposed liquor store is compatible with similar retail, restaurant, and service uses in the shopping center; 7. The proposed action is compliant with the provisions of the California Environmental Quality Act (CEQA) and the City s CEQA Guidelines because the project is categorically exempt under the California Environmental Quality Act (CEQA), pursuant to Section of the CEQA Guidelines since it constitutes reuse of an existing facility. Problem Use Alcoholic Beverage Sales (Off-Sale) (B) The Planning Commission directly considered the criteria contained in SDC Section and found that: 8. The proposed use was not likely to interfere with the comfortable enjoyment of life or property in the area because the proposed use, as conditioned, requires improved performance and training by the operator and installation of cameras and signs that will serve as a deterrent to crime or similar impacts associated with problem uses; 9. The proposed use, as conditioned, will not increase or encourage the deterioration of blight in the area because the proposed use, as conditioned, will be contained wholly within an existing commercial building within the shopping center, which uses consistent architectural and sign programs; and 10. The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation, improvement, or redevelopment, either residential or nonresidential, because there are not any identifiable or City-sanctioned neighborhood conservation, improvement, or redevelopment programs applicable to the project site or immediate area. Conditions of Approval In accordance with SDC Section , the following Conditions of Approval are imposed to ensure compliance with the findings for approval recited above: Standard 1. This Use Permit shall become valid eleven days after approval unless the action is appealed. 2. The business operator shall comply with all applicable Federal, State, County and City codes, regulations and adopted standards and pay all applicable fees. 3. Compliance with these Conditions of Approval is mandatory. Failure to comply with these Conditions of Approval is unlawful and constitutes a public nuisance, and is subject to the remedies and penalties identified in the SMC, including but not limited to, monetary fines and revocation. 4. This Use Permit shall be posted in a conspicuous place and shall be immediately made available to City personnel upon inspection of the premises.

8 Item 5.02 ATTACHMENT 1 March 14, All signs shall be subject to approval by the Community Development Director or Planning Commission. Specific 6. All employees hired in the future shall complete L.E.A.D. training (Licensing Education of Alcohol and Drugs) through the local office of the State Department of Alcoholic Beverage Control (ABC) within six months of their hire date. Existing employees shall complete this training within six months of the effective date of the Use Permit. ABC also maintains an approved list of other Responsible Beverage Service trainer courses which may be substituted for the L.E.A.D. training condition. 7. The consumption or carrying of open containers of alcoholic beverages on the premises is not permitted. Signs advising patrons of this prohibition shall be posted adjacent to the front door on the interior of the building. 8. Store windows shall be left unobstructed to allow interior surveillance of the premises during operating hours. No more than 20% of the window may be covered by any form of temporary or permanent sign, poster, graphic or lettering. 9. Prior to the initiation of the subject alcohol sales, a video surveillance system with at least a seven-day continuous recording capability shall be in place. Video recordings shall be archived for at least 30 days. The video surveillance system shall cover the entire exterior of the premises, including the parking lot and the entrances to the building. 10. The hours of operation shall be limited to 9 am to 10 pm daily. 11. This Use Permit supersedes the previously-approved Use Permit (P09-234) for the subject site. WITNESSED BY: Forrest Ebbs Secretary to the Planning Commission Date

9 ITEM 5.02 ATTACHMENT 2 MARCH 14, 2013

10 N 99 FRONTAGE RD E CHERBOURG WY YW O OD BERNAY VALVERDE PARK BURGUNDY LCREST AV ARDEN LN MOSHER SLOUGH CHAMPAG N E D R PYRENEES AV TRIANON C H ERBOURG WY FLEURY WY ORD LN L ANSDOWNE D R NEUBOURG LORRAINE AV LORRAINE AV FOX CREEK MAPLEWD WD DOGWD OAKWD ALMONDWOOD LN UPRR (SPRR) UPRR (SPRR) MOSHER SL GLACIER T. SONATA CI GIRARDI WY P OIN T S.CI L N SONATA CI WAWONA DOME WY NISSAN EDDY HOFFMAN LEADON POWELL MCCABE LAKES PETIT LN TENAYA LN LAUGHLIN AV RUTHERFORD EMERSON WAKEMAN MT BRYANT MCVIE WINWOOD WAL-MART GRANITE LE CONTE RATHMAN KIKUO TENAYA LN HORNSBY MCVIE STRICKLAND WYOMING CLI FFOR D EUREKA HOLMAN RD HOLMAN RD CASPER TOWNSHEND CI CROSBY LOWE'S BRYANT GORIZIA FORLI WAKEMAN MADDEN GRIFFITH CI CASERTA BERGAMO CI TO WNSHEND CI DALTRY KAELI MONTANA ST FARIN BLACK- WD BIRCH- STAB- MYKALA LER LATINA LN WAKEMAN BERGAMO CI LOTT ST RAGUSA SHAY CI RICE CLAIRE ST SHAY CI B. CI MARANATHA MARANATHA T. CI RICHARDS SUBJE SITE 8010 HOLMAN RD, SUITE A SHAFFER HANEY LN CHRISTIAN LIFE WY ANTIOCH WY MERCY LN VIORY AOSTA KIRSTEN BOLEY KENNY OMEGA WY EVANS INSPIRATION ATTACHMENT B CI LNTERRACORVO VERNACCIA LUCCA K. MORELAND ST ASTI TERRACORVO CI CHRISTIAN LIFE CENTER CHURCH N 99 FRONTAGE RD W Ã SHIPPEE LN GNEKOW? FOPPIANO L HAMMER LN HAMMER LN HAMMER LN HAMMER LN GARETH CI EXCALIBUR CI LORRAINE AV WY VILLAGE GREEN HOMEWOOD TRISTAN CI TRISTAN CI AUTO CENTER CI STOCKTON AUTO CENTER AUTO CENTER CI AUTO CENTER CI HOLMAN RD VICINITY TELSTAR PL SAMPSON RD HOME DEPOT city limits N 99 FRONTAGE RD W N 99 FRONTAGE RD E Jimenez Holman Road Ranch P Path: G:\CDD\priv\_Staff_\Techs\Addie\Maps\2013\P13-031\Vicinity.mxd

11 POWELL EMERSON single family STRICKLAND single family WAKEMAN STRICKLAND single family WINWOOD WYOMING CLIFFORD HOLMAN RD TOWNSHEND CI CROSBY G. GRIFFITH TOWNSHEND CI DALTRY ATTACHMENT C1 TOWNSHEND CI LAND USE on n retail $21 HOLMAN RD Q 41 eat pl vac fl building materials/ home improvement WAKEMAN KAELI FARIN MYKALA E.B.M. LEGEND 1F 2F Single-Family Unit Two-Family Unit LIQUOR LICENSES On-Sale General for Bona Fide Public Eating Place Q 41 eating pl & gas sta. $20 eating pl tire shop floors/ carpets office supplies PROBLEM USE Off-Sale Beer & Wine $20 $21 Off-Sale General HAMMER LN paint tile market auto supplies sport store nail salon eat pl Q 41 paint store Q 41 $21 eat pl liquor store retail car wash HOLMAN RD tire shop tune-up tire shop pump sta. retail eat pl shoe store eating pl Jimenez Holman Road Ranch P eating pl Path: G:\CDD\priv\_Staff_\Techs\Addie\Maps\2013\P13-031\Land Use.mxd

12 ATTACHMENT C2 WAKEMAN SUBJE SITE WAL MART HOLMAN RD LOWE S HAMMER LN AERIAL Jimenez Holman Road Ranch P13-031

13 ATTACHMENT C3 SITE PLAN Jimenez Holman Road Ranch P13-031

14 ATTACHMENT C4 FLOOR PLAN Jimenez Holman Road Ranch P13-031

CITY OF STOCKTON PLANNING COMMISSION AGENDA

CITY OF STOCKTON PLANNING COMMISSION AGENDA August 8, 2013 6:00 PM Council Chamber City Hall 425 N. El Dorado Street, Stockton CA Steve Lopez, Chair (District 1) Antonio Garcia, Vice-Chair (District 3)