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HomeMy WebLinkAboutPlanning Commission Resolution 2012-15 11/13/2012RESOLUTION NO. 2012-15 CITY OF PETALUMA PLANNING COMMISSION DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE LICENSE TO SPROUTS FARMERS MARKET AT 401 KENILWORTH DRIVE APN 007-241-002 File No. 12 -PCN -0522 WHEREAS, the Department of Alcoholic Beverage Control (ABC) determined that the Sprouts Farmers Market at 401 Kenilworth Drive is within a census tract with an undue concentration of.licenses allowing the sale of alcohol for off -sale licenses; and, WHEREAS, State Business and Professions Code Section 23958.4(b)(2) precludes the ABC from approving applications for new or transferred licenses within such an area, unless the subordinate body or officer designated by the local governing body determines that the public convenience or necessity (PCN) would be served by the issuance of that license; or the ABC so determines after a failure of the local agency to act; and, WHEREAS, Terri Dickerhoff submitted an application requesting that a determination be made and the findings forwarded to the ABC that the Public Convenience or Necessity (PCN) would be served by the issuance of an ABC License - Type 20 (Off -Sale Beer & Wine) at the Sprouts Farmers Market to be located in the East Washington Place Shopping Center at 401 Kenilworth Drive; and, WHEREAS, the City Council designated the Planning Commission as the body to determine PCN and established guidelines to be utilized in making that determination, via Resolution No. 96-56 N.C.S.; and, WHEREAS, on October 25, 2012 public notice of the hearing before the Planning Commission was published in the Argus Courier and mailed to all property owners and occupants within 1000 feet of the subject property and an interested parties list; and, WHEREAS, the Planning Commission held a duly noticed public hearing on November 13, 2012 during which the Commission considered the request and received and considered all written and oral public comments which were submitted up to and at the time of the public hearing in accordance with the City of Petaluma Implementing Zoning Ordinance; and, NOW THEREFORE, BE IT RESOLVED that the Planning Commission hereby determines that the Public Convenience or Necessity would be served by the issuance of an additional license in this census tract for off -sale of beer & wine (Type 20), pursuant to the provisions of Resolution 96- 56 N.C.S and based on the following findings: 1. The proposed PCN is compatible with surrounding uses, provides a convenience to nearby residents and employees and provides the option of shopping without having to drive elsewhere, and adds appropriately to the mix of uses in the immediate vicinity. 2. Beer and wine sales are projected to be minimal, at less than 5% of the store's total sales volume, based on experience with other Sprouts stores. The sales area for beer and wine is approximately 225 square feet, less than 1% of the total square footage for the store. Planning Commission Resolution No. 2012-15 Page 1 Even though alcohol is a small part of the overall sales in the grocery store, it is important to offer the customer a one-stop shopping opportunity. As a full-service grocery store, it is desirable to have the widest selection possible for the community 3. The retail sales of beer and wine to grocery patrons increases the economic viability of the business. 4. The sale of alcohol will not create a nuisance or be detrimental to the public health or welfare as there will be no on-site consumption, and the hours of the retail operation are limited to the store hours of 7:00 a.m. to] 1:00 p.m., 7 days per week, which will limit the potential for nuisances and which are consistent with other uses in the center. 5. The General Plan land use designation for the subject property is Mixed Use. The intent of this land use designation is to support a variety of uses, including retail, residential, service commercial and offices. A grocery store would be consistent with this designation. The proposed grocery store furthers the goals and objectives of the City of Petaluma Economic Development Strategic Plan in that it enhances the retail diversity and improves neighborhood commercial districts, such as • Goal 1 - Further Diversify the City's Economic Base • Objective 1.1 - Retain basic industries and attract new and complementary businesses to Petaluma. • Goal 6 - Strengthen Petaluma's Retail Sector. • Objective 6.1 - Ensure resident's easy access to shopping by attracting retailers that would expand local choice. • Goal 8 - Ensure Fiscal Health of the City. • Objective 8.2 - Ensure new commercial development will complement Petaluma's economy, existing businesses, city finances, and quality of life. 6. The grocery store will be located in census tract 1507.01, which allows for 7 licenses. This census tract currently has 21 licenses. There are currently 11 -Type 20 Licenses (Off -Sale Licenses) and 10 -Type 21 Licenses (Off -Sale General -Package Store). As required from the ABC, Sprouts will be required to purchase an existing Type 20 license within Sonoma County as no new licenses are allowed. Sprouts therefore will not create a new license in the County. Although the grocery store is located in a census tract with an undue concentration of retail alcohol licenses, the Petaluma Police Department does not have any objection to the issuance of an ABC license (Type 20 - Off Sale Beer and Wine) to allow the retail sales of beer and wine at 401 Kenilworth Drive for Sprouts Farmers Market in the East Washington Place Shopping Center. The police department has reviewed the floor plan and the applicant's description of their business and finds no significant impact to the community. The selling of alcohol at a grocery store is not considered to create an increased burden of service calls like alcohol establishments. 8. Pursuant to City Council Resolution No. 96-56 N.C.S., the Fire Marshal's office reviewed the above referenced application and has no comments with respect to the Determination of Public Convenience and Necessity therefore indicating that no increased burden for fire prevention services is anticipated for the grocery store. Planning Commission Resolution No. 2012-15 Page 2 ADOPTED this 13th day of November, 2012, by the following vote: Commissioner Aye -No Absent Abstain Abercrombie X Elias X Henries X Johnson X Kearney X Chair Pierre X Wolped X ATTEST: r H a her Hines, C mission Secretary 'I Ce)nnitePierre, thapr APPROVED AS TO FORM: Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No. 2012-15 Page 3