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) Mark Kindleberger (District 2) Chris Eley (District 4) Christina Fugazi (District 5) D Adrea Davie (District 6) Kevin Hernandez (At-Large) RECORDING SECRETARY Forrest Ebbs COMMUNITY DEVELOPMENT DEPARTMENT 345 NORTH EL DORADO STREET PERMIT CENTER STOCKTON, CA 95202-1997 (209) 937-8266 Agendas, staff reports and minutes can be viewed on the City of Stockton web site http://www.stocktongov.com/government/omeetings/b oardcommeetings.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 the City Planning Commission are conducted in English. The City of Stockton does not furnish interpreters and, if one is needed, it shall be the responsibility of the person(s) needing one. CONSENT ITEMS: Information concerning the consent items have been forwarded to the Planning Commission prior to the meeting. Unless a Planning 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 planning matter not on the printed agenda. Chairperson may set time limit for individual speakers/groups. Page 1 of 2
August 8, 2013 6:00 PM 1. PLEDGE TO THE FLAG 2. ROLL CALL 3. CONSENT ITEMS 4. APPROVAL OF MINUTES 4.01. June 13, 2013 Planning Commission Meeting 5. PUBLIC HEARINGS 5.01. 8626 LOWER SACRAMENTO ROAD, SUITE 6; APPLICATION NO. P-13-045 REQUESTING APPROVAL OF A USE PERMIT TO ALLOW THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN A PROPOSED 2,300-SQUARE FOOT MINI-MARKET AT 8626 LOWER SACRAMENTO ROAD, SUITES 6; APPLICANT: MIKE HAKEEM; OWNER: STEVEN AND SHIRLEY LOR, ET AL.; CG (COMMERCIAL, GENERAL) ZONING DISTRICT 6. OTHER BUSINESS 7. COMMUNICATION 8. COMMUNITY DEVELOPMENT DIRECTOR S REPORT 9. COMMISSIONER S SUGGESTIONS 10. AUDIENCE PARTICIPATION This portion of the agenda is reserved for any person/group wishing to address the Planning Commission on any planning matter that is not on the printed agenda. The Chairperson may set a time limit for individual speakers/groups. 11. COMMISSIONER S RESPONSE 12. ADJOURNMENT Page 2 of 2
June 13, 2013 Planning Commission Page 1 of 3 MINUTES PLANNING COMMISSION MEETING OF JUNE 13, 2013 CITY COUNCIL CHAMBERS, CITY HALL, STOCKTON, CALIFORNIA 1. PLEDGE TO THE FLAG 6:00 PM 2. ROLL CALL 6:00 PM Roll Call 6:01 PM Present: Commissioner Davie Commissioner Eley Commissioner Hernandez Commissioner Kindelberger Vice Chair Garcia Chair Lopez EXCUSED: Commissioner Fugazi 3. CONSENT ITEMS 6:01 PM 4. APPROVAL OF MINUTES 6:01 PM 4.01. May 9, 2013 Planning Commission Meeting 6:01 PM Minutes (PDF) Approve the minutes of the May 9, 2013 Planning Commission Meeting Moved by: Commissioner Hernandez, seconded by Vice Chair Garcia. Commissioner Garcia - a question regarding the May 16, 2013 Planning Commission meeting Agenda Item 5.02; Planning Manager Mike responded, the item will return to the Planning Commission Vote: Motion carried 6-0 5. PUBLIC HEARINGS Yes: Commissioner Davie, Commissioner Eley, Commissioner Hernandez, Commissioner Kindelberger, Vice Chair Garcia, and Chair Lopez. Absent: Commissioner Fugazi. 6. OTHER BUSINESS 6:04 PM
June 13, 2013 Planning Commission Page 2 of 3 6.01. General Plan Conformity Review - 2013-2018 Capital Improvement Program 6:04 PM Staff Report (PDF) Approve the 2013-2018 Capital Improvement Program, with the exception of project P-84, conforms to the 2035 General Plan. Moved by: Commissioner Davie, seconded by Commissioner Kindelberger. Vote: Motion carried 6-0 Yes: Commissioner Davie, Commissioner Eley, Commissioner Hernandez, Commissioner Kindelberger, Vice Chair Garcia, and Chair Lopez. Absent: Commissioner Fugazi. 7. COMMUNICATION 6:30 PM 8. COMMUNITY DEVELOPMENT DIRECTOR S REPORT 6:30 PM Planning Manager Michael McDowell - the Charter School (Application P13-071) filed for an appeal; anticipate it will go before the City Council in July Commissioner Davie - is there a limit to the number of Charter Schools within a specific area; Planning Manager McDowell, the Code does not address the over concentration of schools 9. COMMISSIONER S SUGGESTIONS 6:33 PM Commissioner Hernandez - what is the process to address/elevate issues communicated to him as a Planning Commissioner; Planning Manager McDowell responded, direct them to the Planning Department or Neighborhood Services (Code Enforcement) Commissioner Kindelberger - use permits are public record 10. AUDIENCE PARTICIPATION 11. COMMISSIONER S RESPONSE 12. ADJOURNMENT 6:41 PM Chair Lopez reopened the meeting to accommodate public comment. 10. AUDIENCE PARTICIPATION 6:43 PM Woody Alspaugh - resident of the Miracle Mile area; spoke to businesses serving alcohol; will be the voice of the public
June 13, 2013 Planning Commission Page 3 of 3 Commission Hernandez - requested Mr. Alspaugh to clarify his issue; Mr. Alspaugh was concerned about coffee shops, new applications for serving alcohol, and City parking lots along the Miracle Mile 12. ADJOURNMENT 6:52 PM STEVE CHASE DIRECTOR COMMUNITY DEVELOPMENT
Item 5.01 STAFF REPORT August 8, 2013 TO: FROM: SUBJECT: Planning Commission Forrest Ebbs, Deputy Community Development Director Planning and Engineering 8626 LOWER SACRAMENTO ROAD, SUITE 6; APPLICATION NO. P-13-045 REQUESTING APPROVAL OF A USE PERMIT TO ALLOW THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN A PROPOSED 2,300-SQUARE FOOT MINI-MARKET AT 8626 LOWER SACRAMENTO ROAD, SUITES 6; APPLICANT: MIKE HAKEEM; OWNER: STEVEN AND SHIRLEY LOR, ET AL.; CG (COMMERCIAL, GENERAL) ZONING DISTRICT RECOMMENDATION It is recommended that the Planning Commission deny the subject Use Permit in accordance with the findings for decision originally submitted at the May 9, 2013 meeting. Alternatively, the Planning Commission may approve the subject Use Permit in accordance with the findings for decision provided herein. Summary The applicant, Mike Hakeem, has submitted the Use Permit application on behalf of the operator of the proposed convenience store in order to permit the off-sale of general alcoholic beverages to his customers. The applicant has indicated that no more than 20% of the store s floor area would be devoted to alcohol and that it would be displayed either behind the counter area or in enclosed cooler cases. In addition to general alcoholic beverages, the operator would offer various grocery, laundry and household items, as well as cigarettes and bottled/canned beverages. DISCUSSION Background The approximately 2,300-square foot suite is located within an existing 60,000-square foot commercial building on the south and east sides of the overall shopping center located at the southeast corner of Lower Sacramento Road and Ponce de Leon Avenue in north Stockton (Attachment 1). The shopping center also includes a stand-alone convenience store (Chevron) in the northwest corner of the subject site and a variety of office, service and retail uses. The overall shopping center is zoned CG (Commercial, General) and is approximately 5.9 acres in size. It is bounded to the: north across Ponce de Leon Avenue by triplexes and a duplex zoned RM (Residential, Medium Density ); east by triplexes and multi-family residential complexes zoned RH (Residential, High Density); 1
Item 5.01 STAFF REPORT August 8, 2013 south across Mosher Slough by single-family residences zoned RL (Residential, Low Density); and west across Lower Sacramento Road by a single-family residences zoned RM (see attached exhibits). On May 9, 2013, the Planning Commission considered this application and moved to direct staff to return with findings based on those provided by the Commission at the hearing. Staff has drafted said findings and presents them to the Planning Commission for their consideration and adoption. Project Description The applicant is requesting a Use Permit from the Planning Commission to allow the off-sale of general alcoholic beverages in a proposed convenience store. According to the applicant, alcohol will be displayed on shelves and in cooler boxes on the west and east sides of the business, respectively. The store will also sell a variety of grocery items. The proposed hours of operation for the business are from 8 a.m. until 12 a.m., seven days per week. The project site is located within Census Tract 33.11. Based upon the population in that geographic area, the State Department of Alcoholic Beverage Control (ABC) has determined that two off-sale alcoholic beverage establishments are allowed in the census tract. There are already two off-sale alcohol establishments within this census tract, not including the applicant s requested license. The two existing off-sale uses are a supermarket (Super King) and the convenience store (Chevron) located within the same shopping center as the proposed convenience store. Approval of this Use Permit and the subsequent issuance of an off-sale alcoholic beverage sales license by ABC would result in a total of three off-sale licenses, which would represent an overconcentration of such establishments within the census tract. Under those circumstances, ABC regulations require a finding of Public Convenience or Necessity from the Planning Commission in order for ABC to issue an alcohol license for the subject site. Analysis The findings contained in the draft Use Permit (Attachment 2) reflect the discussion and direction of the Planning Commission at the May 9, 2013 meeting. The Planning Commission referred to the specific alcoholic beverage products offered nearby and found that there was not sufficient variety and/or that these products were narrowly tailored to specific consumer markets. As such, the Planning Commission found that the introduction of an additional alcohol sales outlet within this area, despite the over-concentration, would be in the best interest of the public, as it would enhance public convenience and address public necessity for these products in this proximity. Staff maintains its recommendation for denial and has provided appropriate findings should the Planning Commission elect to deny the application (Attachment 3). 2
Item 5.01 STAFF REPORT August 8, 2013 CONCLUSION In conclusion, the required affirmative Use Permit and Problem Use findings are provided for the proposed convenience store with the retail sales of general alcoholic beverages based on the discussion and direction of the Planning Commission at its May 9, 2013 meeting. Standard and specific conditions of approval are also provided to govern the continued operation of the store. Staff maintains its recommendation that the application be denied and has provided findings to support such an action if the Planning Commission is so inclined. ATTACHMENTS 1. Location Map 2. Use Permit with Affirmative Findings 3. Staff-Recommended Findings for Denial C: Applicant Property Owner 3
ITEM 5.01 ATTACHMENT 1 August 8, 2013
ITEM 5.01 ATTACHMENT 1 August 8, 2013
Item 5.01 ATTACHMENT 2 August 8, 2013 CITY OF STOCKTON COMMUNITY DEVELOPMENT DEPARTMENT Use Permit P13-045 8626 Lower Sacramento Road On August 8, 2013, the Planning Commission of the City of Stockton approved application P13-045, authorizing a Use Permit for a Convenience Store with the Sale of Alcohol Off Sale. This approval was based on the following findings: Use Permit Convenience Store (16.168.050.A) 1. The proposed use, Convenience Store with the Sale of Alcohol Off Sale, is allowed in the CG (Commercial, General) Zoning District with the approval of a use permit from the Planning Commission, per SDC 16.20.020, Table 2-2. The proposed use complies with all other applicable provisions of the Development Code including those prescribed in SDC and 16.80.040 and 16.80.140, which, as applicable, are as follows: a. The minimum parcel size for a Convenience Store is 15,000 square feet and the subject parcel contains 5.34 acres (232,610 square feet). b. The minimum parcel frontage for a Convenience Store is 150 feet and the subject parcel has 510 feet of frontage on Lower Sacramento Road. c. The site is located more than 300 feet from the nearest academic school. 2. The proposed use, as conditioned, would maintain the integrity and character of the neighborhood and CG zoning district because it would provide additional retail sales 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 a retail store is consistent with the following General Plan s policies. LU-4.1 The City shall encourage the upgrading, beautification, revitalization, and appropriate reuse of existing commercial areas and shopping centers. LU-4.8 The City shall encourage small neighborhood-serving commercial uses adjacent to and within residential areas where such uses are compatible with the surrounding area and mitigate any significant impacts (i.e., traffic, noise, lighting). 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 proposed retail use is located within an established commercial shopping center that provides adequate access and services and is not hindered by physical constraints. 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 Use Permit 13-045 8626 Lower Sacramento Road
Item 5.01 ATTACHMENT 2 August 8, 2013 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. The proposed use, as conditioned, would be subject to common requirements for security and operation that will reduce the potential for hazard to an acceptable level. 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. The proposed retail use is compatible with the other retail, restaurant and service uses already in place at 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 pursuant to Section 15301 of the CEQA Guidelines because it constitutes reuse of an existing facility. Problem Use Alcoholic Beverage Sales (Off-Sale) 16.168.050(B) The Planning Commission directly considered the criteria contained in SDC Section 16.80.270 and found that: 8. The proposed use 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. 9. 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 the existing commercial shopping center, which uses consistent architectural and sign programs. 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 recognized or City-sanctioned neighborhood conservation, improvement, or redevelopment programs applicable to the project site or immediate area. Public Convenience or Necessity Business and Professions Code 23958.4.b.2 The project site is located within Census Tract 33.11, which has a population of 3,303. According to the State of California Department of Alcoholic Beverage Control (ABC), the Census Tract should contain no more than two off-sale licenses. There are presently two offsale licenses in place within Census Tract 33.11, and, per Business and Professions Code 23958.4.b.2, the City of Stockton must determine that public convenience or necessity would be served by the issuance of an additional license. The Planning Commission found the following: 11. Public convenience would be served through the issuance of this additional license because the two nearby retailers of alcoholic beverages, Chevron and Super King grocery store, do not provide an adequate selection of alcoholic beverage brands or products and the nearest general alcohol retailers are over.79 miles away, which is not sufficiently convenient. Specifically, the Chevron convenience store primarily sells beer and inexpensive wine and the Super King grocery store primarily sells products that are more commonly marketed to the Asian community. Neither outlet provides sufficient selection of alcoholic beverage brands or products that are more commonly marketed to the general population. By adding Use Permit 13-045 8626 Lower Sacramento Road
Item 5.01 ATTACHMENT 2 August 8, 2013 an additional license, those currently under-represented products might be made available in greater selection at the new location. Conditions of Approval In accordance with SDC Section 16.168.070, 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. 5. All signs shall be subject to approval by the Community Development Department. Specific 6. No more than 460 square feet (20%) of the gross floor area of the tenant space may be devoted to the sale, storage, and/or display of alcohol. 7. All employees 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, or within six months of the effective date of the Use Permit, whichever occurs later. 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. 8. 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. 9. 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. 10. Prior to the initiation of alcohol sales, a video surveillance system with at least a seven-day continuous recording capability shall be in place. Video recordings shall be archived for at least 30 days. The video surveillance system shall cover the entire exterior of the premises, including the parking lot and the entrances to the building. 11. The hours of operation shall be limited to 7 am to 10 pm daily. Use Permit 13-045 8626 Lower Sacramento Road
Item 5.01 ATTACHMENT 2 August 8, 2013 WITNESSED BY: Forrest Ebbs Secretary to the Planning Commission Date Use Permit 13-045 8626 Lower Sacramento Road
Item 5.01 ATTACHMENT 3 August 8, 2013 STAFF-RECOMMENDED FINDINGS FOR DENIAL 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 subject to the approval of a Use Permit by the Planning Commission, per Stockton Municipal Code (SMC) Section 16.20.020, Table 2-2. The use otherwise complies with all other applicable provisions of the SMC and the Municipal Code, including those related to parking. Further, SMC Section 16.80.040.A imposes a minimum separation of 300 feet between an off-sale alcohol 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 approximately 530 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 has the potential to adversely affect the integrity and character of nearby residential neighborhoods, as well as the existing shopping center, by exceeding the number of off-sale alcohol establishments that the State Department of Alcoholic Beverage Control allows in the census tract that contains the subject mini-market. Further, an additional off-sale alcohol use has the potential to result in additional demands for police services, thereby adversely affecting public safety. 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 a mini-market 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 utility service or public access and would not be affected by physical constraints. 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, 1
Item 5.01 ATTACHMENT 3 August 8, 2013 interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use; The off-sale of general alcoholic beverages is a potentially detrimental use that has the potential to adversely affect or endanger public safety in the neighborhood surrounding the subject site by possible additional calls for police services and reductions in available police resources. 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 off-sale of alcoholic beverages within the proposed mini-market has the potential to be incompatible with office, service and retail uses in the shopping center by creating police and public safety problems. 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 15301 of the CEQA Guidelines because it constitutes reuse of an existing facility. Additional Finding Alcoholic Beverage Sales (Off-Sale) is considered a Problem Use and is subject to the additional regulations contained in SMC Section 16.80.270. 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 two existing problem uses located in the shopping center that contains the subject mini-market: a supermarket and a convenience store. Approval of the proposed mini-market with the off-sale of general alcoholic beverages would represent the third Problem Use in the shopping center. That overconcentration of problem uses in the shopping center and the 2
Item 5.01 ATTACHMENT 3 August 8, 2013 surrounding neighborhood has the potential to adversely affect public safety, specifically, increased loitering and vandalism. While the proposed use is not expected to be contrary to the on-going conservation or redevelopment of the neighborhood or result in increased noise and traffic (Problem Use Findings 3, 4 and 6), it does have the potential to adversely affect the surrounding neighborhood (Problem Use Findings 1, 2 and 5), as noted. The above criteria are then to be used to inform the following required additional findings for Problem Uses (SDC 16.168.050.B): 1. The proposed use is not likely to interfere with the comfortable enjoyment of life or property in the area; The proposed use has the potential to interfere with the comfortable enjoyment of life or property in the area because the overconcentration of problem uses in the shopping center may result in increased loitering and vandalism, as well as additional calls for police service. 2. The proposed use will not increase or encourage the deterioration or blight of the area; and The proposed use has the potential to increase or encourage the deterioration of blight in the area because the resulting concentration of problem uses may result in increased vandalism. 5. The potential of the proposed use to create or increase loitering or vandalism in the area. As noted in these findings, the proposed use, by increasing the concentration of problem uses in the shopping center, has the potential to create or increase loitering and vandalism. 3