,;s CITY OF STOCKTON
APPEAL OF PLANNING COMMISSION DECISION TO THE
Today's Date: 8.5.2024
APPELLANT: Mary Elizabeth
(Na"° Box 4848
Date of Planning Commission Decision: 7.25.2024
Last day to file Appeal (ten days): 8.5.2024
(Ad§lotkton CA 95204
APPEAL:
(Telephone)
5.1 Request for a Commision Use Permit and Waiver
to allow the off-sale of beer and wine at an existing market P-23-0182
(Case Number and Project Name)
2208 East Main Street, Stockton CA 95205 APN 155-350-01 (Property Address)
FEE: $500.00 (effective 7/1/20) per appeal (project)
PAID BY: ____ check/number ___ Cash __ Money Order
HAND DELIVERED: __ _ MAILED: __ _
STATE REASON FOR FILING THIS APPEAL: _c_e
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with off-sale alcohol licenses (9), in a high crime census tract.
There are extensive data that indicates that overconcentration of alcohol licenses negatively impacts health of individuals and the community where excessive alcohol outlets exist. I have additionally attached correspondence.
Mary Elizabeth
Print Your Name
Internal Note - Scan & Email to: Esther Gilliland, Lori Asuncion, Patty Vasquez, Courtney Christy, Florence Low, Will Crew, Michael McDowell, the project's CD planner, and Jobi Aceves CC TO: CC [email protected]
STOCKTON CITY COUNCIL
425 North El Dorado Street
Stockton, CA 95202
Phone: (209) 937-8458
https://stocktonca-my.sharepoint.com/personal/allison_lambertson_stocktonca_gov/Documents/Desktop/Shared One Drive/Appeals/PC Appeal Request for Appeal to the Council Form Template as or 2020-07-01.docx Updated 2020-08-27
ATTACHMENT F
To: City of Stockton Planning Commission
From: Mary Elizabeth, M.S., R.E.H.S.
Date: 7.24.2024
Re: Protest against the proposed Request for a Commission Use Permit and Waiver to All the Off- Sale of Beer and Wine at an existing Market located at 2208 East Main Street, Stockton CA 95205 As a Registered Environmental Health Specialist in the State of California, having reviewed the Alcohol Beverage and Control Data as well as environmental justice data for the proposed location for one more off-sale alcohol license, I urge the Commissioners to reject the recommendation in the City of Stocktonn Staff report because the negative public health issues of overconcentration in this area of Stockton were not fully disclosed and conditions do not support a finding of a public convenience or necessity. Not all census tracts in Stockton are created equal. Communities all over the United States are looking at policies and making connections between alcohol outlets and public health harms. 1 Public Health
Public health professionals advocate for reduced retail access as a means to reduce alcohol related community based public harm. The American Public Health Associated has published "Addressing Alcohol-Related Harms: A Population Level Response"' recommending that public health, prevention professions, as well as similarly aligned organizations, local coalitions, and community members should support and advocate for:
Limiting the density of alcohol retail outlets and preventing the clustering of outlets in communities (particularly underserved communities) through state and local licensing and zoning regulations to better address alcohol-related inequities within communities (community coalitions, neighborhood associations, prevention organizations, and local public health organizations).
Retail access: A substantial body of research demonstrates that communities with a greater density of alcohol outlets (e.g., outlets per roadway mile) are at higher risk of experiencing problems related to excessive alcohol consumption, including crime and motor vehicle crashes.
Underserved communities have been found to have a greater density of alcohol outlets, disproportionately exposing these communities to excess risk, including from outlets that are associated with the greatest amount of harm (off-premises outlets). This research suggests that the greatest potential to decrease alcohol-related inequalities at the population level is in restricting retail outlets from clustering in underserved communities and implementing interventions focused on alcohol outlets. Density of alcohol outlets can be limited through statutory initiatives such as licensing or local zoning regulations.
Alcohol harms human health across a number of domains; it is a causal risk factor for at least seven cancers, liver disease, infectious diseases, unintentional injuries, violent crime (including physical and sexual assault and homicide), mental health conditions (e.g., anxiety, stress, and depression), and suicide.
Public health outcomes are not improved by just promoting healthy choices which does not eliminate disparities. Improvement in the conditions of the environment increases positive public health outcomes.
1 https://debeau mont.org/wp-content/uploads/2021 /03/SaferAlcoholSalesReport2021. pdf accessed 7.24.2024 2 https ://www. ap ha .o rg/policies-a nd-a dyocac_y/p LI bli c-h ea lth-po Li cy-state ments/ poli cymd ata ba se/2020/01 /14/add ressi n gu filc.o.hDk.relat.ed-harms-a-population-levcl-response accessed 7 .24.2Q2A and includes references. 1 ATTACHMENT F
The U.S. Department of Health and Human Services, Office of Disease Prevention and Health Promotion, Substance Use and Social Determinants of Health Worl<groups formed a Community Preventive Services Tasl< Force. The Task Force recommends limiting alcohol outlet density as a way to reduce excessive drinking and related harms and found that greater alcohol outlet density is associated with increased drinking and related harms.' The Task Force has published "Alcohol-Excessive Consumption: Regulation of Alcohol Outlet Density".'
The Centers for Disease Control and Prevention has in 2021 published guidance: "Measuring Alcohol Outlet Density: A Toolkit for State and Local Surveillance" 5 because alcohol outlet density is not uniform in communities and understanding the problem can lead to changes in local land use decisions such as the Stockton Planning Commission is being asked to make. Where there is overconcentration of alcohol licenses there is overconcentration of the harms associated with alcohol, both health and societal. The crime data was incomplete as the reporting district did not include the census and while the immediate crime district may be lower than average, the adjacent district is not. Not all census tracts in Stockton are created equal.
State of California Alcohol Beverage and Control
The State of California will not issue liquor license unless the City of Stockton finds that another liquor license in an overconcentrated Census Tract (19) is a public convenience or necessity (PCN) as required by California Business and Professions. Census Tract 19 is allotted 4 off-sale licenses based on its population.
According to the City of Stockton Staff Report there
are eight (8) active off-sale licenses in Census Tract
19. Having 8 off-sale alcohol licenses within a
census tract is considered overconcentrated and
City of Stockton staff stated that there are only two
(2) off-sale licenses within 500 feet of the project
site, of which one is located in the same census 1/ att,u;J tract. The other seven (7) licenses are farther than /Q Bcfl.<(, "'"" "" " " 1 1,000 feet from the project site, but still within the geographically area of Census Tract 19.6 Census Tract 19 encompasses an area of 1.1 square miles.' A census tract is how many services and data are collected and considered at the neighborhood level. Census Tract 19 has public health and population characteristics different from some areas of Stockton not overconcentrated with alcohol licenses. Query of ABC records using: bttps://www.abc.ca.gov/licensjng/licensjng-reports/licenses-by county-and-census-tract/ Shows that there are 9 off-sale retail licenses and 5 on-sale retail licenses as shown below. Note License Type 58 is a catering license. I have provided these queries as an attachment.
The California Alcohol Beverage Control Departed has published the maximum authorized number of on and off-sale liquor license by Census Tract that was most recently updated August 2021.8 3 bttps://health gov/healthyo.e.0ple/tools-action/browse-evidence-based-resources/alcohol-excessive-cons11mption-rngulat.io.n.:. alcob.Ql-outlet-density accessed 7.24.2024
4 b.tt{lll • l{www. thecorn rn u n itygu i de .org/fi nd i ngs/a lcoh al-excessive, .. cons u rnptio n-regu lati on-a I co ho l-o utlet -de m�ity html includes evidence-based reports prepared in collaboration with the Centers for Disease Control and Prevention. Accessed 7.24.2024 5 tmps://stacks.cdc,gov/view/cdc/1509.illl includes link to the toolkit 6 City of Stockton Staff Report City of Stockton - File#; 24-063"9 (leg:is1·ar.com) accessed 7.24.2024 7 https :/ /censusreporter.orglprofiles/14000llS06077001900-census-tract-19msan-ioaqu in-ca/ accessed 7.24.2024. 8 b1tps· //www.abc ... .ca gov/wp-content/uploads/retports/Census-Tract-AuthorizationsJld( accessed 7.24.2024. • 2 ATTACHMENT F
For Census Block 52 Tract 19, only 5 on-sale (restaurant or bar) and 4 off-sale (beer and wine Type 20 or all alcohols Type 21) are authorized based on a Census Tract population of 5,164 and a county ratio for on-sale of 1,032 and off-sale of 1,246 for a county population of 783,534.
Maximum authorized license numbers have been limited since 1939 when the Alcohol Act was adopted.
At present, the ratio is 1 on-sale general license for each 2,000 persons in the county in which the premises are situated and one off-sale general license for each 2,500 persons.'. Limitations were established because of the recognition that liquor sales affect the public welfare and that the line between granting and denying should be a matter of discretion and even one more license may be "too many." Not all census tracts in Stockton are created equal.
The City of Stockton Staff recommend that this limitation be negated by making the finding of public convenience or necessity," to promote and support local economic business growth throughout the City", irrespective of the conditions of Census Tract 19 and the harms associated with overconcentration as discussed under Public Health and Census Tract 19 Characteristics.
The Census Tract 19 where the proposed beer and wine license is located in a Census Tract with alcohol off-sale license far above 1 for every 2500 persons, and above the exception based on county wide data of 4 by already having 9 active off-sale licenses.10 Having 9 active off-sale alcohol licenses instead of the 8 that the City of Stockton Staff identified only makes the concentration of Furthermore, the Alcohol Beverage Control Department has issued the 2023 Moratorium Counties/Cities report which lists the City of Stockton because off-sale beer and wine license Type 20 exceed the ratio of 1 Type 20 license for each 2500 inhabitants. 11 There are double that number of beer and wine licenses within the 1. 1 square miles of Census Tract 19. The San Joaquin County area and some other cities are not under this moratorium. This moratorium provides the Alcohol Beverage Control Department with
additional factors to base a decision to not issue a permit unless the City of Stockton makes a finding of public convenience or necessity. No public convenience or necessity finding is reasonable for this neighborhood. Not all census tracts in Stockton are created equal.
Census Tract 19 Characteristics
Census Tract 19 is not characteristics of conditions "throughout the City" and should not experience the harms associated with more liquor outlets," to promote and support local economic business growth throughout the City". I urge the Commissioners to reject the use application for another off-sale beer and wine license in Census Tract 19 for environmental justice concerns.
Census data' describes this Tract 19, San Joaquin, CA as having:
• A per capita income of $19,871 which is about 70 percent of the Stockton overall per captia income.
• A median income of $57,461 which is about 80 percent of the Stockton overall median household income.
• 18.7 percent of persons living below the poverty line which is about 20 percent more than the Stockton overall poverty rate of 15.6 percent.
• A high school graduation and higher educational level was achieved by only 51 percent of adults while the Stockton overall high school graduation and higher rate is 77.8 percent. 9 ABC https://www.abc.ca.gov/ljcensing[frequently-askedaguestionsL accessed 7.24.2024. 10 hllrm;Uwww.abc.ca.gov/licensing/licensing-reports/adhoc-repgrt/?RPTTYPE··8&COUNTY-39&CENSUS-19 accessed 7.24.2024
11 https://www.abc.ca.gov/wp_.-:GillJ.1eJ1t/uploads/2023/01 /MoratoJium-Counties-and.-Cities-2023.pdf accessed 7.24.2024. 3 ATTACHMENT F
The Census Tract 19 is a high poverty area with low educational levels with many challenges not characteristics of all parts of Stockton. These conditions will not be improved by adding another nuisance creating off-sale liquor license in a high poverty area already overconcentrated with off-sale liquor licenses as described in the City of Stockton staff report for this proposed use permit." Below is a screenshot of the Census Tract 19 which only encompasses 1.1 square mile. I have added the Stribley Park location as a reference point as other historic and contemporary maps are presented .
Census Tract 19, San Joaquin,
CA
Cl!tlSUSTr.actin:�SanJoaouioCotrotv..a..��
5,577 1,1 squaremlles
Population 5,006.9 people per square mite
CeRit.1$ d�ta= ACS 2022 :=!-ye;ir unless noted
. r-'
Fa!rOi'\ks
Monnm
__ .,,. ..
The proposed location for another off-sale liquor license is shown below. The number of on-sale licenses was not disclosed by the City of Stockton but was determined to be 5 as shown in the Attachment. l/l
1 Stribley Park
12 https:/ /stockton. legistar.cQJil/legislation Deta il.aspx?I D=6783126&GU ID�3467DACC-17E8-4 706-B430- 5EEDC4F7ED00
4 +
r, ;
ATTACHMENT F
The area around this proposed liquor license location at 2208 East Main Street is an area that was historically red lined restricting financial services and putting residents at a disadvantage." The EnvironmentalJustice database of the California Office of Environmental Health Hazard version 4.0 shows that Census Tract 19 has environmental justice vulnerabilities involving pollutant burdens and population characteristics. 14
The Census Tract has an overall pollutant burden score of 86 and a CalEnvrioScreen 4.0 percentile of 97 indicating the area is overburdened with environmental harms
including diesel particulate matter and lead in housing with scores above 89.
Population characteristics have a percentile score of 98, with asthma 93, cardiovascular disease 97, education 95, poverty 98, and housing burden 91.
Not all census tracts in Stockton are created equal.
Allowing a land use change for another alcohol outlet is unjust in Census Tract 19. The enforcement of rules and regulations is difficult due to staffing. Additionally, the Municipal Code allows for many more conditions than proposed by City Staff which are minimal. Unless those conditions are placed on the project at the time of land use change the extra conditions are not enforceable.
Reject this proposed land use change. Reject another alcohol outlet in Census Tract 19. 13 https ://dsl.richmond.edu/panorama/redlininQlmaRLCA/Stockton/area descriptions#loc-15/37 .9509/ a 121 ,2592&adview-full accessed 7.24.2024
14 bttps://experience.arcgis.corn/experience/ed5953d89038431 dbf4f22ab9abfe40d/#data s=id%3AdataSource .... .25..:. 17c3d89e7e2-layer-1 %3A3455 access 7.24.2024
5 ATTACHMENT F
Attachment
Query of ABC records using: bttps;L/www.abc.c:a.gov/lk:ensing/licensiog-rnpQ[tsLlk:enses-by-i:;Q\l□tl/- and-census-tract/ Shows that there are 9 off-sale retail licenses and 5 on-sale retail licenses as shown below. Note License Type 58 is a catering license.
!Results for: Act •,•e O'l Sale Rnai. t CC".'i1St'
County: Si'\N JOhQ.Jlil-J [otnty
CensusTrad� l9
Report D.ilte: Tucsd,1y, � uly /3, ?024
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lkense Uoo� ofis.1ss. l!iaf.llr. . ..
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9S2Qs-ti&lS
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5:1.filillT I\CTIIIE " ('15_/0011012 0�/JfWJ005- tiltCM/1.H'S MI\RKH, 31Ul [ MAIN Sl; WIIC.UAELS MARKtT , .. , INC. sroc.KTO!il, CA
9S1fl5
Cett�U;\, iro1d:
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517437 I\CTNE ,. OOJll/2012 Ol/21!.,'2025 J&!VLOPCZ 2l!Hi E MAlfil ST. DON JOSt"S MARKET JSOS fNTERPRISES, INC SlllX.KroN.Cli
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551447 ACTl'l[ " �ll4,'l015 OJ;f:JIUW.25- NA'SSCR, All MED AL! 2400 E MAltl ST, f'AIS,'INO MARKE]" Ek ""' STOtKHl-N, CA LIQUOR S.10RC
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$54599 ACTJ'IE ,. lllfu'l:S/2015 05/JH2025 MCMUCORP. llOSWll.S-OM Aiil'::01\.MR!Jl ""' WA'I,
STOCKTON, CA
�205-5551
O;!(l�ui. ilfdLl:
0019.0D
Q:lfl,!)�0 /1,CT!\r[ " 12,/UllOll ll!.!IDJW24 AI.MA.!IRI, KH/\UD 24B1 [. MAIM ST, :S'l!"OCKTON 3go5 STOCKTOl•t CA. SUPERMEKA!l:DO
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G!MU7 ACTJllf. >l 00/lifl/lOll 05/lL/202!'.< f,/l',S,..r;1:J1, MQHl,MED 951:SWILM:J!il :SUNRISE MI\Rt.n & ""'
WAY, LIQUOR
5-R'lCKTON,CA
9.!ilf!S-'100il
Clil!ni.uii Vt.iLt:
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951-05
Cen�niw.itt:
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631'SIU ACTIYE 21 �10,'lOJJ Ol/l!/2025 CORONA LIQUOR 2200 E MAit-i ST, C.ORQtll\ LIQUOR JOOS STTX.irn:»l,CA
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6 ATTACHMENT F
Results for: Active on .Sale r�eta ii Licenses
County: SAN JOAQUIN County
Census Tract: 19
Report Date: Tuesday, July 23, 20,4
Shaw " y entries Soa,ch:
lkooso IJ..iams:o Orig. !s�. Exp!r. Prt1mises Goo
Numbnr status Type Datil! Date Prtman1 Owner Addr. Business Namo Code 2780:32 I\CTIVE 41 12/17/19� 02/28/2025 FLORES, CELIA S 2075EMAINST, CENAOURIA SANTA ANA '""
STOCKTON, CA
952.05
CaIm.1s Tract:
0019.00
466298 ACTN'E 41 03/lll/2009" fi2/2B/2025 GUERRERO,ALICIA 22.51 E MAIN ST, ELGRULLENSE:l 300S
STOCKTON, CA
95205
CeRSUs Tract:
0019.00
466198 ACT.VE 58 OO/lB/2000 02/28/2025 GUERRERO,ALICIA 2.251 E MAl:N ST, ElGRULLEHSE3 3905
STOCKTON, CA
95211S
COllSUS Tra�t:
0019.00
517431 ACTIVE "' 02/21/1012 02/la/2025 J&TLOPEZ 21B4 E MAIN ST, JESUS LOPEZ 3905 ENTERPRISES, IN!C. STOCKTON, CA RESTAURAt-4r
95205
Consus: Tract:
001'!}.00
615180 AC:Ti\/E .. 06/2.9/2023 0:5/31/2025 ORTIZRIOS, ALBERTO 22.lilf MAIN ST, BLUfZIEBRfl , .. ,
STOCKTON, CA
9-5205
C�RSU!. Tiract:
001,.00
631812 ACTWE 41 01/13/2022 12/3-1/2024 PABll.O GOMEZ, 2151 E MAIN ST, LAHNOMARKtT AND 3905 fRANOSCO STOCKTON, CA RESTAURANT
95205
Cans.us Tract:
001'9.00
Showi11g l to ii of 6(!ntries Prc:--Jlo,J!I- Iii tiicilt 7 ATTACHMENT F