Resolution No.
STOCKTON CITY COUNCIL
A RESOLUTION DENYING AN APPEAL OF THE PLANNING COMMISSION CONDITION OF APPROVAL NO.8 FOR USE PERMIT P23-0306 FOR AN ABC LICENSE UPGRADE FOR AN EXISTING CONVENIENCE STORE LOCATED AT 2910 WEST EIGHT MILE ROAD (APN 070-670-30) The applicant, Sandy Mann, applied for an Alcohol and Beverage Control (ABC) license upgrade from Type 20 (off-sale beer and wine) to Type 21 (off-sale beer, wine, and distilled spirits (i.e. general alcohol)) in an existing convenience store located at 2910 West Eight Mile Road, herein known as the “Project”); and Stockton Municipal Code (SMC) Section 16.80.040(D)(2)(c) requires a new Use Permit for ABC license upgrades; and On August 8, 2024, the Planning Commission conducted a duly noticed public hearing on the application, in compliance with Stockton Municipal Code (SMC) Section 16.88, at which point all persons wishing to be heard were provided such opportunity and then voted for approval of the Project by a vote of 6-0 (Commissioner Thompson absent); and On August 12, 2024, the Applicant submitted an Appeal per SMC Section 16.100.040 (Filing and processing of appeals). The Applicant is not appealing the Project approval; only Condition of Approval No. 8, which states that “No single sale of beer or malt liquor in containers under 40 ounces or less shall be permitted in the convenience store,” and requests that the City Council modify the Project approval so that said condition no longer applies; and On December 3, 2024, the City Council convened a public hearing regarding the appeal of the Planning Commission’s decision.; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:
The foregoing recitals are true and correct and incorporated by reference.
The City Council has considered the record evidence, which is incorporated by reference.
The City Council has considered the findings made in the Planning Commission’s approval dated August 8, 2024, attached hereto as Exhibit 1, and hereby adopts the same findings by this reference and incorporates them as part of this resolution, and based upon the City Council’s own independent review of the Record Evidence.
The City Council finds that Condition of Approval No. 8 is a carry-over from the project’s original approval, has been in place without issue since 2017, no objections were received regarding said Condition during the Planning Commission hearing, and there is a lack of a relationship between the new UP (alcohol license upgrade) and the pre-existing condition.
The City Council further finds that the City’s imposition of condition of approval No. 8, which states that “No single sale of beer or malt liquor in containers under 40 ounces or less shall be permitted in the convenience store,” is permissible under SMC Section 16.80.040(D)(5) for alcohol uses.
The City Council finds that no additional environmental review is required under CEQA The subject use complies with the California Environmental Quality Act (CEQA) as an Initial Study/Final Negative Declaration was prepared and approved for the site under the prior Use Permit, which considered the convenience store use.
Additionally, the proposed project is categorically exempt from CEQA, pursuant to CEQA Guidelines section 15301(a) (Existing Facilities) since the project will occupy an existing facility and no expansion of building or site is proposed.
Based on the Record Evidence, the City Council hereby denies the Appeal request for the removal of Condition of Approval No. 8. The Project’s approval is upheld in full, without removal of said condition, as originally approved by the Planning Commission.
PASSED, APPROVED, and ADOPTED December 3, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton