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HomeMy WebLinkAboutPlanning Commission Resolution 2013-02 2/12/2013 RESOLUTION NO. 2013-02 CITY OF PETALUMA PLANNING COMMISSION DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE LICENSE TO BEVMO LOCATED AT 401 KENILWORTH DRIVE APN 007-241-002 File No. 12-CUP-0695 WHEREAS, the Department of Alcoholic Beverage Control (ABC) determined that the Bev Mo at 401 Kenilworth Drive is within a census tract with an undue concentration of licenses allowing the sale of alcohol for on and off-site consumption; and, WHEREAS, State Business and Professions Code Section 23958.4(b)(2) precludes the ABC from issuing new 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, Elizabeth Zaninovich 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 21 (Off Sale General) and an ABC Type 42 license, (On-Sale Beer and Wine) which would allow for wine & beer tastings on the premises at BevMo 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 January 31, 2013 public notice of the hearing before the Planning Commission was published in the Argus-Courier and mailed to all property owners and occupants within 500 feet of the subject property; and, WHEREAS, the Planning Commission held a public hearing on February 12, 2013 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 a Type 21 (Off Sale General) and a Type 42 (On-Sale Beer and Wine) ABC license, which would allow for wine & beer tastings on the premises, pursuant to the provisions of Resolution 96-56 N.C.S and based on the following findings: 1. The sale of alcoholic beverages in the retail store will provide a convenience to the general public and contribute to q mix of uses (food/retail) within a mixed use area. 2. The retail sale of alcoholic beverages for off-site consumption is critical to the viability of the business. Planning Commission Resolution No.2013-02 Page 1 3. Based on the proposed operating hours, location, proximity to other licensed establishments, and operational procedures put into place by BevMo, the sale of alcohol will not create an undue burden on police call or create noise or other such nuisances or be detrimental to the public health or welfare. 4. The proposed Alcoholic Beverage Establishment is consistent with the purpose set forth in the Implementing Zoning Ordinance Section 8.010. No adverse effects on nearby uses or on demands for police services are anticipated given that the wine and beer tasting is ancillary to the main general retail use and is limited in scope, location, hours, and size and quantity of tastings. Furthermore, because of the mixed uses surrounding the project area, the business will not constitute a nuisance. 5. The proposed Alcoholic Beverage Establishment will not constitute a nuisance or be detrimental to the public welfare of the community, as a Conditional Use Permit will provide a benefit to the community by virtue of its presence, and provide the ability to regulate the Alcoholic Beverage Establishment. Furthermore, conditions have been imposed to address any potential adverse operating characteristics which have the potential to create a nuisance. 6. 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 store of this nature would be consistent with this designation. The proposed general retail store furthers the goals 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. 7. Although the general retail store is located in a census tract with an undue concentration of retail alcohol licenses, upon review, by the Petaluma Police Department, the police department does not have any objection to the issuance of an ABC license Type 21 (Off Sale Beer and Wine) to allow the retail sales of beer, wine and liquor for off-site consumption at 401 Kenilworth Drive for BevMo and a Type 42 ABC license to allow for beer & wine tastings on-site at this location in the East Washington Place Shopping Center. The Police Department has not identified any potential public safety issues with the proposed use. 8. Pursuant to City Council Resolution No. 96-56 N.C.S., the Fire Marshal's office reviewed the above referenced application and has not identified any public safety issues for the provision of fire services based on the proposed use. Planning Commission Resolution No.2013-02 Page 2 ADOPTED this 12th day of February, 2013, by the following vote: Commissioner - F ;}Aye No±r' Absent . Abstain Abercrombie X Elias X Herries X Johnson X Miller X Chair Pierre X W olpert X (7e . rmrferrierre, C • ATTEST: APPROV ED AS TO FORM: t °� '%2 it Her er Hines, Co fission Secretary Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No.2013-02 Page 3