HomeMy WebLinkAboutPlanning Commission Resolution 2013-03 2/12/2013 RESOLUTION NO. 2013-03
CITY OF PETALUMA PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT FOR
BEVMO AT 401 KENILWORTH DRIVE
APN 007-241-002
File No. 12-CUP-0695
WHEREAS, on December 27, 2012, the Community Development Department received
an application from Elizabeth Zaninovich requesting a Conditional Use Permit for an Alcoholic
Beverage Establishment to allow for beer and wine tasting at BevMo located at 401 Kenilworth
Drive in the East Washington Place Center; and,
WHEREAS, in accordance with Section 8.010 of the Implementing Zoning Ordinance a
Conditional Use Permit for an Alcoholic Beverage Establishment is required for all commercial
establishment serving alcohol for on-site consumption; 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,
WHEREAS, an Environmental Impact Report (FIR) was prepared for the East Washington
Place Project, which assessed the environmental impacts of the project and was certified by the
Petaluma City Council on February 8, 2010 (Resolution No 2010-021A N.C.S.) and the project is
under construction and has been reviewed for consistency with all mitigations and conditions of
the project approval; and,
WHEREAS, wine tasting does not represent a substantial change in the East Washington
Place project as studied in the Final EIR and does not require major revisions of that Final EIR
because the proposed use does not involve significant new environmental effects or
substantially increase the severity of identified environmental effects. There is no substantial
change in circumstances under which the East Washington Place Final EIR was evaluated and
this project presents no new information of substantial importance relating to the prior
environmental evaluation in the Final EIR. Therefore, no additional CEQA.analysis is required; and
NOW THEREFORE, BE IT RESOLVED that the Planning Commission hereby approves the
Conditional Use Permit for Alcoholic Beverage Establishment for BevMo as described in the
project description submitted with the application, which is incorporated herein by reference as
fully set forth herein, based on findings made below and subject to conditions of approval
attached as Exhibit A hereto and incorporated herein by reference:
1. The Planning Commission determined that the Public Convenience or Necessity would be
served by the issuance of alcoholic beverage licenses for BevMo to allow retail sales of
alcohol and on-site beer and wine tasting. The proposed Alcoholic Beverage Establishment
provides a convenience to the community and contributes to a vibrant mix of uses (food
and beverage service/retail) within the area.
Planning Commission Resolution No.2013-03 Page 1
2. 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.
3. 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.
4. The proposed Alcoholic Beverage Establishment is consistent with the purpose set forth in the
Implementing Zoning Ordinance Section 8.010 in that no adverse effects on nearby
commercial or residential uses or on demands for police and fire services are anticipated as
the wine/beer tasting facility. As conditioned, BevMo shall have one full-time employee to
service the designated wine and beer tasting area and is limited to size and quantity of
tastings within a designation area. These limitations will limit negative impacts to surrounding
uses and contain the on-site alcohol as ancillary use to the primary retail use.
5. The proposed Alcoholic Beverage Establishment, is consistent with the requirements set forth
in Implementing Zoning Ordinance Section 8.074 (A) (1 through 13), as conditions have been
imposed to regulate operating characteristics. (Those items which do not pertain to a
wine/beer tastings use, but to a higher intensity use such as a bar or night club, have not
been applied.) Any modification or expansion of the use as outlined in this CUP may require
a new CUP.
6. The proposed wine and beer tasting is compatible with the surrounding mixed type of uses.
and is considered an ancillary use of the business which is first and foremost a general retail
store of alcoholic beverages and other related items.
7. The beer and wine tastings for BevMo will not create a nuisance or be detrimental to the
public health or welfare based on conditions of approval for the associated Conditional Use
Permit including limited hours of operation, performance standards for noise impacts, and
established revocation process should nuisances repeatedly occur as a result of the wine &
beer tastings.
8. The Police and Fire Departments did not anticipate any public safety issues as a result of the
proposed use. Based on this information and after Planning Commission deliberation, a
determination of Public Convenience or Necessity has been approved for BevMo by the
Planning Commission pursuant to City Council Resolution No. 96-056 N.C.S.,
9. The proposed Alcoholic Beverage Establishment for beer & wine tastings meets the
requirements of Section 24.030.G of the Implementing Zoning Ordinance, Conditional Use
Permit, as based on the findings made above and as follows:
• The site, location is suitable for the proposed use and the building is compatible with its
environment. The proposed Alcoholic Beverage Establishment for beer & wine tastings is
located 500 feet or more from any school, library, playground, church, hospital and the
Planning Commission Resolution No.2013-03 Page 2
Petaluma Swim Center. The intensity of the proposed Alcoholic Beverage Establishment
for beer & wine tastings is compatible with the surrounding area, and contributes to a
vibrant mix of uses within the area.
• The hours of operation proposed for the store are 9 a.m. to 10 p.m. Sunday through
Saturday which are consistent and compatible with other stores in the area. In addition,
the hours of hours for the beer & wine tastings will be limited to specific days/hours as
conditioned.
ADOPTED this 12th day of February, 2013, by the following vote:
CortSmissioner,= =`, , Aye?.= ; €; No,_; ' Absent° Abstain'
Abercrombie X
Elias X
Herries X
Johnson X
Miller X
Chair Pierre X
Wolper' X i
-rHerre, C`; pk,
ATTEST: APPROVED/AS�TO FORM:
it 1- ±
N °,
He'ri er Hines, Ci mission Secretary Leslie Thomsen, Assistant City Attorney
Planning Commission Resolution No.2013-03 Page 3
EXHIBIT 1
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BEVMO
401 KENILWORTH DRIVE
APN 007-241-002
File No. 12-CUP-0695
Planning Division
1. This Conditional Use Permit authorizes Bev Mo to operate as an Alcoholic Beverage
Establishment to allow for beer & wine tastings as an ancillary use to the general retail
BevMo at 401 Kenilworth Drive in the East Washington Place Center.
2. Consistent with Implementing Zoning Ordinance Section 8.066 (A) and (B), this
Conditional Use Permit is issued to Bev Mo, to allow wine tasting, and may not be
assigned or transferred without notification to the Community Development Director.
Additionally, notification of a transfer of a Conditional Use Permit shall be required prior
to any change in an interest in a partnership or ownership of ten percent (10%) or more
of the stock of a corporation.
3. Beer and wine tastings shall primarily occur on Friday and Saturday afternoons with an
occasional weekday tasting events for special holidays or for a grand opening. Hours for
tastings on Fridays and for Special Events are from 3pm to 7pm. Tastings on Saturdays are
from 12pm until 4pm. Special events shall be limited to a maximum of ten (10) per year.
The applicant shall provide planning staff at the beginning of each year with a list of
special events that will be held throughout the year.
4. The tasting area shall be limited to a maximum of 250 square feet in area and shall be
clearly delineated.
5. All tasting shall take place within the boundaries of the tasting area.
6. No spirits or shopping carts of any kind shall be allowed in the tasting area.
7. Signs shall be clearly posted stating that no one under 21 is allowed in the tasting area,
that no spirits/alcoholic beverages (other than those allowed for the tastings) are
allowed in the tasting room, and that customers shall not drink beer or wine samples
outside of the designated tasting area.
8. Service for the wine & beer tasting shall only be provided by winemakers, vendor
representatives, or other trained staff.
9. Beer and wine tasting samples shall be limited to one (1) ounce servings and shall be
served in glass or disposable plastic tasting cups. A nominal fee shall be charged for
each sample as required by ABC.
10. No more than eight (8) one ounce samples shall be served to each customer, per tasting
event.
11. No seating shall be installed for the wine and beer Castings events.
12. Tastings of alcoholic beverages other than beer and wine shall be prohibited.
Planning Commission Resolution No.2013-03 Page 4
13. The store shall have proper signs that warn the patrons of the legal age for alcohol
consumption.
14. Any physical expansion of the wine and beer tasting or the type of ABC licensing shall
require an amendment to this Conditional Use Permit.
15. At no time shall business activities exceed Performance Standards specified in
Implementing Zoning Ordinance Section 21 .040 and/or the General Plan.
16. A Conditional Use Permit for an Alcoholic Beverage Establishment may be recalled to
the Planning Commission for review at any time due to complaints regarding lack of
compliance with conditions of approval, noise generation, or other adverse operating
characteristics. At such time, the Commission may revoke the Conditional Use Permit
or/add modify conditions of approval, pursuant to Section 24.030 of the IZO.
17. The operation of an Alcoholic Beverage Establishment shall be the responsibility of the
permittees personally, or of a manager or designated responsible employee of the
permittee, at all times. The permittee shall designate in writing the names of all such
managers and designated responsible employees and shall advise the Police Chief and
Community Development Director in writing whenever any change is made.
18. The permittees personally or a manager or a designated responsible employee shall be
on the premises at all times during the conduct of business.
19. Personnel shall check identification (I.D.) at the designated wine and beer tastings to
insure patrons are of legal age to consume alcohol.
20. All employees and managers shall complete a program recognized by the Department
of Alcoholic Beverage Control (ABC) at a qualified Responsible Beverage Service
Program prior to the commencement of a new business or within ninety (90) days of hire
for new employees. The permittees and/or manager of an alcoholic beverage
establishment shall maintain on the premises a file containing the certificates of training
for all employees.
21. The alcoholic beverage establishment shall be operated in such a manner so that it or its
patrons at no time violate the Petaluma Municipal Code, the Implementing Zoning
Ordinance, and/or the California Penal Code (Penal Code 373 A) standards regarding
noise generation. Should complaints be received regarding noise disruption the
applicant shall take reasonable and practical steps as directed by the Police Chief and
Community Development Director to reduce the intensity, number, and/or occurrences
of these disruptions.
22. The applicant shall comply with Alcoholic Beverage Control (ABC) laws and regulations.
Suspension of the applicant's license by the ABC will constitute sufficient cause or basis
for review and possible revocation of a Conditional Use Permit.
23. The applicants/developers shall defend, indemnify, and hold harmless the City or any of
its boards, commission, agents, officers, and employees from any claim, action or
proceeding against the City, its boards, commission, agents, officers, or employees to
attack, set aside, void, or annul, the approval of the project when such claim or action is
brought within the time period provided for in applicable State and/or local statutes. The
City shall promptly notify the applicants/developers of any such claim, action, or
proceeding. The City shall coordinate in the defense. Nothing contained in this condition
shall prohibit the City from participating in a defense of any claim, action, or proceeding
if the City bears its own attorney's fees and costs, and the City defends the action in
good faith
Planning Commission Resolution No. 2013-03 Page 5