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Staff Report 5.B 6/17/2013
A en4aItww#5 .3 AL tr L0: ty7 285e DATE: June 17, 2013 TO: Honorable Mayor and Memberstof the City Council through City Manager FROM: Heather Hines, Planning Manager PI' SUBJECT: Resolution denying the appear submitted by Target Corp and upholding the Planning Commission's'denial of the Public Convenience or Necessity for Target located in the.East Washington Place Shopping Center • i - RECOMMENDATION It is recommended that the City Council adopt the attached Resolution denying the appeal by Target.Corporation and affirming the Planning Commission's denial of the requested determination;of Public Convenience and Necessity,-for-Target located in the East Washington. Place Center':at 401 Kenilworth Drive (APN 007-241-002). (Attachment 1) 'Should the Council decide to approve the appeal and overturn the decision of the Planning Commission staff has included for Council consideration a draft Resolution Approving the Determination of Public Convenience or Necessity for;Target(Attachment 2). BACKGROUND Planning.:Commission The Planning Commission considered the request for a determination of Public Convenience or Necessity (PCN) for Target at'a noticed public hearing on May 14, 2013. The Conunission denied the request and determined that the Public Convenience or Necessity would not be served by the issuance Of/an ABC Type=20:license (off sale beer and wine) for Target (4-2-1 vote). As outlined in. the Planning Commission resolution (Attachment 3), the Commission's determination was based on the following four findings as related to the guidelines outlined in City Council Resolution.96 56 (Attachment 4)i • The projected alcohol sales will account for less than.2%,of Target's total sales•volume; indicating that:the sm.re:could operate in a viable„fashion without alcohol sales; • Target.is in dose proximity to sensitive land uses such as Petaluma Swim Center, Live Oak Charter'Sehool,.and 360. Church 'and additional alcohol licenses in an area already Agenda Review. ( 1 City Attorney- Finance Director • City Manager s/.� considered. to have an undue concentration within close proximity to these sensitive receptors is not compatible; • An additional,license for alcohol sales within the East Washington Place shopping center would be detrimental to other businesses in the center and therefore is not considered suitable or compatible:with the uses and character of the immediate commercial area; and • The PCN for Target does not meet the threshold for public convenience or necessity. The Planning Commission staff report and associated documents are provided as Attachment 5. Public Convenience or Necessity The Department of Alcoholic Beverage Control (ABC) determined that an undue concentration of facilities licensed to sell alcohol exits in theteensus tract of the proposed Target. This decision is made exclusively by ABC based on their determination that the ratio of existing licenses to. population in the census tract or census division_in which Target will be located exceeds the ratio of such;establishments to population in Sonoma County. TheABC`infor med the City that based on the subject property's location in Census Tract 1507.01 'State law requires the City to determine whether the issuance of an additional license in this census tract would serve the Public Convenience or Necessity (PCN determination). According to ABC, the ratio would allow seven licenses in this census tract but twenty-two licenses, currently exist. There are currently 12 Type-20 Licenses (Off-Sale Beer and Wine) and 10 Type-21 Licenses (Off-Sale General — Package Store), The boundaries of the Census Tract 2507.02 are from Redwood Highway and Washington Streetor the-north corner, to Howard Street and Sunnyslope Avenue. State law precludes ABC from issuing new licenses within areas identified as experiencing an undue concentration of licensed facilities, unless the local governing body, or its designated subordinate body or officer determines that the public convenience or necessity (PCN) would be served by the issuance of the license (Business', and Profession code Sections 23958, 23958.4(b)(2)). The.ABC,can also-make"the determination if the local entity fails to act. In 1995, the City Council Resolution No 96-56 designated the Planning Commission as the local governing body for review of :PCN determinations (Attachment 4'). Appeals of PCN determinations are ankle discretion.of,the•City Council. DISCUSSION On March 28, 2013 : Beth Aboulafia Hinman & Carmichael, LLC) on behalf of Target Corporation filed an appeal of the.Planning•Commission's determination that public convenience or necessity would not be served by the issuance of an ABC Type-20 license for Target. The, appeal contends that'the public convenience or necessity would be served and that the Planning. Commission erred in their-'decision to deny the request The appellant requests that the City Council reverse the Planning Commission,decision (appealletter,Attachment 3) The appeal letter states thatl"despite a.:favorable Staffjreport and recommendation, support from • the Police,Department;and:no opposition fromthe community" the Planning Commission denied • . I the application. The appellant'argues that the Planning ,Commission erred in its decision and outlines responses: to the six guidelines, included •m 'Resolution X96-56 to be used in making determinations of public convenience and necessity. The following summarizes the;appellant's; argument with staff analysis ifl italics,below'ea.eli item. Appeal Ground ill of Target,'s,Use/'Relation ofAlcohohSales to Target's Use Target's business model p rovides customers the abilit y to a wide range of goods at:a' single location. Target, a full-range of grocery products,. items, clothing,. g g b electronics, office supplies, and many other items. Morestkan 90%:of Targetstores in California -including the;stores.in Rohnert Park, Novato, Napa and Santa Rosa—sell alcoholic beverages. Although sales volume from beer and wineissonly a small percentage of Target's overall sales, it remains'an important'part Of model to offer customers at the new Petaluma store the same full-range' of products, including. alcoholic beverages that ;customers: are able to find at other Target stores. • Additionally, the appellant argues that if a business has to demonstrate that it could not be viable without alcohol sales in :order to;receive a determination of PCN then the only businesses`that could be approvedwouldbe,bars.and liquor stores. The guidelines require the Commission to consider the nature of Targets business model and how alcohol sales function in that model. The Commissiomfailedl to do this. Guideline 5 in resolution 96-56 states,that thelPlanning Commission 'should consider the extent to which alcoholsales relate to"the function ojjthe proposed use.and the-possibility of the use to operate in a Viable fashion'without alcohol sales. In considering this guideline the Planning Commission determined that'because Target anticipates only 2% of its^"sales volume to be related to the sale of beer and wine that the larger retail use could:be,viable without alcohol sales and therefore the issuance-of a'PCNwould not keep Target from running a successful business in its location in the East Washington Placershoppingcenter. Appeal;Ground#2-Proximity,,to Sensitive Land Uses and.Effect"on Such Uses One of the findings made by the;Planning'Commission as a basis fordenyinwthe application was the proximity of Target to-sensitive land uses. More specifically, the Planning Commission identified the Petaluma Swim Center, Live Oak Charter School and the 360 Church as nearby p the issuance of an additional alcohol license in sensitive land uses and expressed concern that proximity to these sensitive usesf-is=not bonipatible:. • The appellant argues that the-location of Target in the East Washington Place 'shopping:center' `provides physical separation from each of these ,identified uses`. Additionally, there was no evidenceantroduced:at>the hearing, or in any materials submitted totl e„Planning Commission, to indicate that Target's'sale-.of:beer and wine;would have a negative impact on the sensitive land uses. Guideline 6 in resolution 96-56 states that the ,Planning^ Commission should consider the proximity to sensitive land uses such as residences, schools, churches, and parks and consider the efe_ct the issuance of an alcohol' license would have on such sensitive; land uses: The Planning Commission didnot-directly:discuss concerns about,specific impacts:but did;determine the close proximity of the Petaluma Swim Center,,Live Oak Charter,School, and the 360 church made the issuance of a PCN for Target;incompatible: The Petaluma Swim Center is located approximately 639 feet from Target, the Live Oak Charrter School is.located approximately 1,832 feet away, and the':360 Church, is ,located approximdtely 2;26T feet away, Although not specifically,identified.in the Planning Commiss`iomdeliberation, thewity's skate park is located adjacent to the ,Swim Center; approximately 750 feet from the Target building All measurements are approximate and,nieasured as the crow flies and,not on designated roadways of sidewalks. pP e# ic r ns of a urrioun l The new Target store 's, currently y and construction n the East- W hirgtoii,Place shopping center. The appellant argues that the sale.of beer and wine as part'of Target's larger-retail store is :consistent with the other retail uses in the shopping„center and with:the:commercial plan-for the area The Conmiission,-however, found that the sale of beer and wine by Target "would be detrimental to other businesses'in'the center, including,BevMo and Sprouts, and was therefore not"suitable or compatible with the=usesiand character of the..'immediate;commercial area.” Target does not believe, that.protecting businesses like BevMo and Sprouts from perceived competition by a;simitarly-situated retailer is'fiwhat the Council, intendedwhenrit. directed the Planning Commission:to consider "the:compatibility or suitability of the proposed use with the uses and/or character of the surrounding area"for_that it is a proper'basis for denying Target the ability , is those'other retailers sell. Additionally, the appellant contends • that intactualitye.BevMorand 'Sprints; are') specialty retailers that serve a different need and therefore Target doesinot create directcompetition for those otherbusnesses in:thecenter. Guideline 7 of Resolution 96 56,states that the Planning; Commission should consider the compatibility or suitability of the proposed use with other uses and/or the character of the surrounding uses when considering the determination of public•convenience L or necessity. The Planning Commission determined:that`the;issuance of an,additional alcohol license. in the East Washington Place Center would'in fact:be incompatible withhother businesses:lselling'beer and wine because it would createadditional competition for all:three retailers. Appeal Ground#4- Effect otWelfarei of.,the Area:Residents Target contends that•thecinciderital,sale.OPaICOliolic beveragesat Target will not have detrimental' effect on the•welfare of area residents. 'Standard'policies and protocols that Target has adopted ensure that alcohol sales ace handled„in a responsible manner and effectively deter crime, loitering:or other undesirable activity:, In fact, 'target argues.that the ability to purchase beer.and wine, in addition.to other ,grocery and department •store items, at Target will benefit area residents by'providing,ione-stop shopping convenience to those residents; Although effect on the welfare of area residents is included:in Resolution 96-56 as d guideline for"consideration, the Planningk?onnnission did:not make a-specific.finding regarding impact-to area'residents as part of their resolution denying the PCN., The closest,residential uses are in the Martin.Farms developthent'on the other side;of Washington.ands'ingle family development on the eastside of FBghway,70i. AppeabGround'#5-PCN Served to the,Community and Surrounding Area 'Target argues that the/ability to purchase beer and wine will',be=a convenience to,the thousands of ,§hoppers who will shop at the Petaluma Target. The appellant con`tend`s that,many of these l • 'shoppers are currently"shopping at the.Noyato or Rohnert Park Targets and:are:accustomed to,the convenience of purchasing groceries and;a bottle of wine:for dinner without necessitating tan additional stop.,For that,reason in combination with talc the other considerations outlined in the appeal letter; 'Target; believes it meets the ,criteria for approving its :application for a Determination of Public Convenience'orNece ssity. Guideline 9'.of Resolutioif 96-56:.states that the Planning Commission should consider whether the..p ublic m com>een ce or necessity would be served to 'both the immediate and broader ] etalum Commission;found that nal alcohol,'license. in their deliberation, the Petaluma_ area by the issuance of an additional at the PCN for Target did not'iiieet the threshold for public convenience or necessity:, • ,FINANCIALJMPACTS' This is a-cost#recovery project. IThe applicant, Target has expended approximately $1,611.87 on the original PCN application,tthrough the<end'of April. The„applicarit submitted'an'additional deposit of$215.82'to file,the,appeal and'will be responsible for all;outstanding amounts in processing the appeal. ATTACHMENTS: 1 Draft Resolution Denying theAppeal 2. Draft Resolution Approving the..Appeal' 3. Letter-of Appeal May 28, 2013 4. Planning•Commission.staff"report,associated attachments, May 14;.2013 5, Planning Commission!'Resolution't'2013;8008' i6: City.Council Resolution No.96,-56 N:C S. ATTACHMENT 1 RESOLUTION'OF THE CITY"OF PETALUMA CITY'COUNCIL DENYING THE APPEAL AND UPHOLDINGTHE.PLANNING.COMMISSION 'DETERMINATION'THAT THE PUBLICC©NVENIENCE OR.NECESSITY WOULD NOT BE:SERVED`BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE LICENSE TO TARGET LOCATED_AT 401 KENILWORTH,DRIVE APN 007-241-002 File No: PLAP_-13-0001 WHEREAS, the Department.of A lcoholic Beverage Control(ABC) determined thatthe Target at,401 Kenilworth.Drive is within a census tract-with'an.undue concentration of off-sale licenses allowing the sale.df alcohol;^and WHEREAS,iState Business,,and Professions Code.Section 23958.4(b)(2) precludes the ABC from approving applications fornew,or transferred licenses within suclhanarea, unless the subordinate body or officer designated•by tHlocalwgoverning body determines that the public convenience or necessity (PCN) would-be.served-by the issuance.ofithat license; or the ABC so determines.aftera failure oftheTlocal-agencytdlact;and 'WHEREAS, Beth Aboulafia`(Hinman` &'.Carmichael, LLC), representative. for Target submitted an application requesting that a dete'rmination be made and the findings forwarded to the ABC that the Public Convenienceor Necessity(PCN)'would be served by the issuance of an - ABC License Type. 20 (Off Sale Beer & Wine),for Target located in the:East Washington Place:Shopping Center at?40,1 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 May 2, 201,3 ;public notice of The hearing before the Planning Commission was published im the Argils, Courier and mailed.'to 'all property owners and Occupants within 500 feetbfthe subfect-property and an interested parties list;;and WHEREAS; the Planning Commission held a duly noticed,public hearing on May 14, 2013 at which the Commission considered the application and related staff report and received and'considered all written.and,oral public comments submitted.up"to and at the time of the;public hearing in:accordance wrth,tlie City of Petaluma Implementing Zoning;;Ordinance;,and WHEREAS, at its duly noticed public ,hearing on May 1'4,, 2013 the Planning .Commission determined that the public convenience and necessity would.not be 'served' by the issuance of an ABC Type-20 license`to Target and denied the request 'consistent with the cofisiderations,outlinedm City:Council Resolution No. 96-56; and WHEREAS, on.May;28, 201'3;an appeal of the Planning,Commission's decision was filed with the'City Clerk by Beth Aboulafia Millman& Carmichael,.LLC) on behalf`ofTarget; and ATTACHMENT 1 WHEREAS, on June 1;7, 2013,,at,a duly,•noticed.public',hearing, the Petaluma City' Council considered all public,festimony and evidence submitted at and before thethearing. NOW THEREFORE,EFORE, BE IT RESOLVED that the Petaluma City Council hereby denies th pp_ _ upholds the sPlanning'Conimissiori s determination that public convenience. and,necessity would:not be servedrby issuance of an ABC"Type-20:license toa.Targetabased on the following finding§:' 1: Based'on information provided by the'applicant, the projected!alcohol sales,will account:far less than 2% of Target's total sales volume. The minimal;."sales volume attributable to alcohol'sales indicate that the,stbfe;eb ild operate in a.viable fash on'withoutalcohol sales. 2! Target is located.in close proximity to sensitive land uses.such as the Petaluina,Swim.Center, Live Oak Chart'er'Se e-el,"and;the;360,Church. Additional alcohol in an area already. considered,to,haveran undue concentration within close proximity'td these sensitive receptors is notcompatible: 31 An additional license for alcohol sales within the Last Washington Place shopping center would bedetrimental to other businesses in the center, including Bev'MO:and Sprouts and 'therefore is not considered suitable or compatible with the uses. and character of the iniinediate"commercial area. 4. The requested PCN for Target does not,meet the threshold for public convenience or necessity. • � 1 ATTACHMENT 2' RESOLUTION;OF:THE CITY OF PETALUMA CITY COUNCIL APPROVING' THE.APPEAL AND DETERMINING THAT THEJUBLIC CONVENIENCEOR NECESSITY`WOULD'BE SERVED BY THE;ISSUANCE OF AN ALCOHOLIC BEVERAGELICEN SE TO TARGET AT 401 KEMLWORTH DRIVE APN 007-241=002 File No. PLPC13-0001 . WHEREAS, the Department of Alcoholic-Beverage?Control (ABC) determined•that the Target at 401 Kenilworth Drive is ,within a census tract with,an u ndue concentration of licenses' allowing the;sale•ofalcohol for off salelicenses and WHEREAS, State Business and Professions Code Section 23958;4(b)(2)•precludes the ABC from•approving applications for'new`or transferred licenseswithirnsuch;an_area, unless.the subordinate body or=officer designated.by the,,local'governing`body determines that the public convenience or.necessity (PCN)bwould be served by the issuance of that license, or the ABC so determines;after a failure of the local agency topact;•and WHEREAS, Beth Aboulafia (Hiiimari& Carmichael, LLC), representative for Target ppl q g rmination-.be:made and the findings:forwarded to the ABCdthat the lPubl�nConveniencehor Necessity (PCN)-would be served by the issuance of an ABC License Type 20 (Off-Sale Beer & Wine) for. Target located in the East Washington Place Shopping'Center at 4'01 Kenilworth-Drive; and WHEREAS, the City Council designated the Planning "Commission as the body to _ determine :PCN and established guideline to be. utilized' in making that determination, via' Resolution No. 96-56 N C S ;;`and WHEREAS, on May ,2, ,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,subjbetpropertyand aibinter"ested•parties list;.and 'WHEREAS, the Planning Commis"sion.held'a dilly':noticed public hearing on May 14, 2013 dining, the, Coriiinission'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:::Cityof-Petaluma Implementing Zoning Ordinance;^and WHEREAS, at its duly noticed public hearing on May 14; 2013 the Planning Commission;determined that°the public,convenience and;necessity ,would not be served by the issuance of an ABC Type-20 license to Target and denied the request consistent With the considerations:outlined in City Council Reolution No 96-56;:and WHEREAS„on May-28, 2013,'an appeal of the Planning Commission's decision was filed with the City Clerk by`Beth Aboul'afia•(Hinman.& Carmichael, LLC),on behalf of Target; and ii 2 - 1, ATTACHMENT 2 WHEREAS, on June 17; 2013, ava dulynoticed public hearing; the Petaluma City Council considered,all public testimony andkevidencesubmitted at and before the hearing. NOW THEREFORE, BE IT RESOLVED that the Petaluma City Council hereby approves,the appeal of the Planning ,Commission's denial of the requested PCN for Target as outlined in PC Resolution No 20 13:-08 and determines that the Public Convenience or Necessity would be served by the issuance of an ABC Type-20 license for Target, pursuant to the provisions of Resolution 96-56 N.C.S and based on.the'following:findings: 1. The request fora .PCN was reviewed by both the Police and Fire Departments to determine whether'the additional license would result in additional'service calls or other impacts to existing emerg'ency services. 2. Although Target 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 Type-20 license to allow the retail-sale5of beer and wine at Target located in the East Washington Place Shopping Centel. The Police Department has reviewed the floor plan and the applicant's description oftheir business and finds no significant impact to the community. The selling of beer and wine at a,;grocery store is not considered to create an increased burden of service calls like alcohol establishments and the sale of alcoholic beverage is 'a small percentage of the overall business (2%), further reducing potential impacts. 3. The Fire Marshal's office ,reviewed the above referenced application and had no comments with respect TO the Public,Convenience and Necessity, indicating that no increased burden for fire prevention services is anticipated for the store with the addition of beer and wine safes for-off-site constiMption. 4. The sale of beer and wine as,a component of the larger Target retail store is compatible with other commercial uses in the East Washington Place Shopping center, provides a convenience to area residents'to purchase beer and wine along,with groceries and other merchandise within the,Target store, and adds appropriately to the commercial mix of uses in the immediate,vicinity: 5. Beer and wine sales are projected to account for less than 2% of sales volume for the, Petaluma Target, indicating-that beer and wine sales are an accessory part of the larger retail use which further reduces the potential for any, negative impacts as a result of the issuance of an alcohol license. 6. The retail sale of beenand wine to the store's patrons increases the economic viability of the business. 7. The Petaluma Target is physically separated from the nearest sensitive land uses and the sale of beer and wine;at farget is not anticipated to negatively impact=those existing land uses. • 2 !2 ATTACHMENT'2 Type-20 License will not-.create an incompatibility with other 8. The tailers issuance the East Washington Place shopping center`in that both Sprouts and BevMo cater to`a'different`specialty shopper-than Target., 9. The issuance of an ABC Type-20 license will.not negatively impact the welfare of area. residents. The Target store will maintain business hours similar to other commercial businesses in the center and will complyiwith allperformance standards as outlined in the Implementing Zoning Ordinance. j 9 --' ATTACHMENT 3 Ater 260 CALIFORNIA STREET, SUITE 1001 SAN FRANCISCO, CA 94111 TEL.415:362.1215 FAX 415.362 1494 CAweHAEt,. May 28; 2013 By Hand-Delivery City Council c/o Claire Cooper City Clerk . City.;of.Petaluma Planning Division 11 English Street Petaluma, California 94952 Re: Target, SWC Hwy. 101 and Washington.Street; Petaluma 94952 Dear Ms. Cooper, Enclosed please find Target Corporation's ("Target")Appeal of the,Planning Commission's decision denying Target's application for a Determination of Public Convenience or Necessity. If you have any questions or need additional information, please don't hesitate to contact me. Sincerely, S//n/tc rl�v^) Beth Aboulafia End. � � I • APPEAL.OF PLANNINGICOMMISSION RESOLUTION NO.'2013-08—ATTACHMENT TargetCorporation ("Target") is:appealing.the decision.of the Planning Commission to deny Target's application for a determination of public convenience;or necessity('PCN") to allow the sale of beer and wine for off-site consumption'at the new Target store in the East Washington Place Shopping Center. Despite a favorable Staff report and recommendation,support from the Police Department and no opposition from the community,the Planning commission voted'4-2 to deny Target's application. Target believes that the Planning?,Commission erred in denying Target's application and that the sale of beer and wine at the new Target store will serve public'convenienceor necessity under the guidelines established by the City Council for making such determinations. Nature of Target's Use./Relationof'Alcohol Sales to Target's,Use At the new Target,customers will be able to purchase a,wide range of,goods that are high in quality at reasonable prices,including groceries. The store will offer a full-range of grocery products, including fresh meats,fresh vegetables,and produce and fresh bakery items, along with everyday staples and dry goods. The ability to purchase beer,and wine, along with groceries; is a commonplace convenience that shoppers—and Target;shoppers in particular—expect. • Well over 90%of the Target stores,in California-;including.the stores in Rohnert Park, Novato, Napa and Santa Rosa—sell alcoholic beverages; it is a product customers have come to expect at Target. While alcoholic beverages represent only a small percentage of overall sales, it is important for Target to be able to offer customers of the new Petaluma store the same full-range of products, including alcoholic beverages,they are;able;to'find at other Target stores. That is what customers expect from Target. It's what the Target brand is all about. The Commission, however,alighted on Target's projection that alcohol sales would be less than 2%of its overall sales as a reason,to deny the application. The Commission reasoned that since alcohol sales are projected to be less than 2%of overall sales,the store could operate in a viable fashion without alcohol sales. Target is a general retailer that offers customers'1the convenience of being able to shop for a variety of merchandise—from clothing.toshousewares to sporting+goods to groceries to school and office supplies to a multitude of other.,products—in one location: By definition, any single product that Target sells will be a'small'percentage of overall'.sales. That is the nature of Target's business. Furthermore if a business'had.to show that it could not operate in:a viable fashion without alcohol sales,the only businesses that would be approved would,be bars and liquor stores' But that is not the test: The=guidelines.require the Commission totake,into account the nature of Target's business model and how alcohol'saleslunction in that model. The Commission failed to do this. Proximity to Sensitive Land Uses and Effect of Alcohol Licenses on Stith Uses The Planning.Commission also cited,as a reason to deny Target's application,the proximity of the Target store to certain sensitive land:uses, namely, the.Petaluma Swim Club, Live Oak Charter School • and the360 Church. Each of these uses is physically separated,from the Target store bythe'shopping center parking lot, streets and other retail buildings: There was no evidence introduced at the hearing, or in any materials submitted to the Planning Commission,,to indicate,that Target's'sale of beer and wine would have any impact whatsoever on-these uses. In fact, not a single Commissioner raised any concern F about this during the deliberations. To the contrary,the only comment made with respect to this issue, by one of the Commissioners who voted to=deny'Target's'application, was that he had no concerns with respect to nearby'sensitive uses.2 Compatibility of Use with Uses and Character of Surrounding Area The new Target store is located in what be a major retail shopping-center in Petaluma. The package sale of alcoholic beverages is consistent with the other retail:uses in the shopping center and with the commercial plan for the area. The General Plan Land Use designation and Zoning for the areaaare both Mixed Use A general retail store, including off-site alcohol;sales, is a.permitted, and therefore-appropriate, use for the area. As Staff concluded, "the proposed PCN [for Target] is compatible with surrounding uses, would provide a convenience to nearby residents and;employees and an option,of shopping alternatives, and adds appropriately to the mix of uses in the immediate vicinity.:` 'And,by that standard,the planning Commission would;not have approved-a similar application for 'Sprouts Farmers Market("Sprouts"). In approving the PCN.application for Sprouts, the Planning 'Commission stated, as a finding,supporting the approval "Beer and wine sales are projected to be minimal. . . 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, Bopping opportunity." 'The same applies to Target. 2 If mere proximity tothese'uses:was grounds foiconcluding that'the.sale.of alcoholic beverages was a not a proper or compatible use, then Sprouts and Beverages and More ("BevMo")—both of which are in closer proximity.to the school and the church than Target—would not have been approved"to'sell alcohol beverages. Yet; in,approving the PCN fot-5prouts,the Commission specifically found that "[t]he proposed PCN is compatible with surrounding uses:" • 1 The Commission,`fiowever,found that the'.sale of beer and!wine by Target"would be,detrimental to other businesses in the center, including BevMo and Sprouts," and was therefore not"suitable or compatible With the uses and character of the immediate commercial area." In.fact,there was no discussion by the Commission about Target's alcohol sales impacting any other businesses in the center,except BevMo and Sprouts, both of which will also sell alcoholic beverages. Target does not believe that protecting businesses like BevMo and Sprouts from perceived competition by a similarly-situated retailer is what the Council intended when it directed the Planning Commission to'consider"the compatibility or suitability of the proposed use with the uses and/or character of the surrounding.area"or that it is a proper basis for denying Target the ability to sell the same products those other retailers sell. Moreover, even if it.were an appropriate consideration,there was no evidence that Target's alcohol beverage sales would be detrimental to BevMo and Sprouts, both,of which are specialty retailers serving different shopping needs than Target. Effect of Welfare of the Area!Residents- The incidental sale of alcoholic,b"everagesat Target will not have any detrimental'effect on the welfare of area residents. Target has polices and protocols to ensure that alcohol'sales are handled in a responsible manner and to deter crime, loitering or other undesirable activity; The ability to purchase alcoholic beverages, in addition to other grocery and department items; at Target will benefit area residents by providing one-stop shopping convenience to those-residents. Not Planning Staff,the Police Department or any'.Commissioner expressed any concern that Target's sale of beer and wine would,be detrimental to the welfare of area residents. Input from Police and Fire Departments The Fire Marshall and the Police Department reviewed Target's•application and had no concerns regarding Targets sale of beer and,wine., Specifically,the<Police Department, after reviewing Target's business plan, and based on thefact that beer and wine sales are a small percentage of the stores overall sales,was of the opinion that the sale of beer and wine would not have any negative impact on the community or.create any increased demand for police'seryices. Public Convenience or:Necessity Served to the Community and;Surrounding Area The new Target-store will be a regional destination forshoppers,.notjustfrom the immediate Petaluma community, but from the greater Sonoma'County area The ability to purchase alcoholic beverages will be a;convenience to the thousands of shoppers who will be coming to Target from all over the area and expect shopping. These are the same shoppers used to shopping at the Novato or Rohnertlpark Targets and being able pick up some groceries and',a bottle of wine for dinner without having to make another stop;they should have the same,convenience at the new Petaluma i _ I Target: As Commissioner'Ambersrortibieput it, "I believe that the [community] expectation is that Target will sell alcohol,lke.ttiey do at their other locations—that's the:model." For the reasons stated,Target believes it meets the criteria for approving its application for a Determination of_Public Convenience or Necessity.; it ] I ' ! II ] I I I • • ATTACHMENT 4 CITY OF PETALUMA STAFF REPORT • Community Development Department,Planning Division,II English Street,Petaluma,CA 94952 (707) 778-4470 Fax(749- 778-4498 Eanail:plan{ing@ci petalumaca.us DALE: May 14,2012 AGENDA I I EM NO. 7 TO: — - Planning Commission FROM: Irene T. Borba,Senior Planner REVIEWED,BY: Heather,,Hines, Planning Manager SUBJECT: Target East Washington Place Shopping Center PUBLIC;CONVENIENCE OR NECESSITY DETERMINATION File No.PLPC-13-001 1 RECQMMI NDATION Staff recommends"that the.Planning Commission conduct the required;public hearing and adopt a Resolution making the determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 20.Alcoholic Beverage License for Target, located at 401 Kenilworth Drive in the East Washington Placer Shopping Center subject to the findings set forth in the attached resolution(Attachment 1). PROJECT SUMMARY Project: Target(under construction) 401 Kenilworth Drive East Washington Place Shopping Center APN: 007-241-002 Project Planner: Irene T. Borba, Senior Planner Project Applicant Beth Aboulafia(Hinman& Carmichael, LLC) Property Owner: Regency Petaluma LLC Nearest Cross Street: East Washington;Street Property Size: 33.74 acres Target PCN 401 Kenilworth Drive PLPC-13-01 001 Page 1 — l � I Site Characteristics: The subject property is crirrently'rurder construction arid will.be the location of the 378000 ,square foot Target anchored East Washington Place retail/office center approved by the City in 2010. Existing Use: Under construction with an approvedretailloffice center(East Washington Place) Zoning: MU1B- Mixed Use GP Land Use: Mixed Use Beth Aboulafia (Hinman & Carmichael, LLC), representative for Target is requesting that a determination be made and the findings forwarded to the State of California Alcoholic Beverage Control (ABC) that public convenience or necessity would be by the issuance of an ABC Type 20 (Off,Sale,Eeer & Wine) license authonzing the sale of beer and wine for consumption off the premises where sold. Target is a general retail store,including.a grocery storeiand is under construction within the East Washington Place-ShopPing Center. Target is scheduled to open in July of this year A general retail store is a permitted use in the Mtn:B. zoning district. Target's hours of operation are from 8:00 an to 11:00 pa daily,with some extended hours during the holiday season. All alcoholic beverages will be sold in sealed Containers; no:ppen bottles, cans, cte, will be sold. No on-site consumption is proposed. STAFF ANALYSIS GENERAL PLAN 2025 The General Plan land use designation for the subject property is:Miked Use The intent of this land use designation is to support a variety of uses, including retail; residential, service commercial and offices. A general retail 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 m that it enhances the retail diversity and improves neighborhood commereiaLdishicts, such as: • Goal l —Further Diversify the City's Economic Base • Objective 1,1 —Retain basic industries and attract new and complementary businesses to Petaluma. • Goal 6-H'Strengtheri PeSuma'sRetail 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 82 — Ensure new commercial development will complement Petaluma's economy, etsting businesses, city finaaes, and quality of life. Target PCN 4OLKenilworth:Drive PLPC-13-0001 Page 2 ZONING The subject property is zoned MU1B-MixedUse. A general retail is,a permitted use Although the use qualifies as an "Alcoholic Beverage Sales Establishment" under Municipal Code section 10.68.010.0 and is subject to the City's Alcohol Related Nuisance Ordinance, for zoning purposes, a Conditional Use Permit is not required under Chapter 8 (Alcohol Beverage Establishment) of the.Implementing Zoning Ordinance because the alcohol is not for on-site consumption. PUBLIC CONVENIENCE OR NECESSITY The Department of Alcoholic Beverage Control (ABC) has determined that an undue concentration of facilities licensed to sell alcohol exists in the census tract of the proposed Target. This decision is made exclusively by ABC based on their determination that the ratio of existing licenses to population in the census tract or census division in which Target will be located exceeds the ratio,of such establishments to population in Sonoma County. The ABC has informed the City that based on the subject property'siocation in Census Tract 1507.01; State law requires the City to determine whether the issuance of a new additional license in this census tract would serve the Public Convenience or Necessity (PCN determination). According to ABC, the ratio would allow seven licenses in this census'tract but 31 licenses currently exist. There are currently 31-Type Licenses (Off-Salt Licenses) and 17-Type 21 Licenses (Off-Sale General—Package Store). The boundaries of Census Tract 1507.01 are from Redwood Highway and Washington Street on the morth corner,to Howard Street and Sunnyslope Avenue. Attached is the California Department of Alcoholic Beverage Control for the County of Sonoma(Off-Sale Licenses) and Census Tract 1507:01 report as of 4/9/13 of the existing licenses in the census track (Attachment 4). Staff anticipates that for the"shopping center that this could'potentially be the last request for a determination of Public Convenience or Necessity (PCN) as Most of the tenant spaces have been leased. Full service restaurants that serve alcohol do not require a;determination of Public Convenience or Necessity to be made by the city prior to ABC approval of the associated license. Additionally, alcohol consumption as part of a full service restaurant does not require a CUP pursuant to the applicability.of Chapter 8. State law precludes the ABC from issuing new licenses within an area identified as experiencing an undue concentration of licensed facilities, unless the local governing body, or its designated subordinate body or officer determines that the public convenience:;or necessity(PCN) would be served by the issuance of that license (Business and. Professions Code. Sections,23958, 23958:4(b)(2).) The ABC can also make the determination if the local entity,fails to act. In 1995, the City Council designated the Planning Commission as the local governing body for review of PCNs and established guidelines for making PCN determinations (Attachment 3, Resolution No 96-56-N.C.3.): Guideline 2 requires input'and recommendations from the Police and Fire Departments which are discussed below. Guidelines 3 through 9 of Resolution No 96-56 N.C.S., require the applicant to address how the public convenience or necessity'would:be served by the additional license and any impacts such Target PCN 401 Kenilworth`,Drive PLPC-13-6001 Page 3 issuance might have. The applicant provided the;"following:respons-es to address Guidelines 3 through 9 of Resolution'No. 96-56 N C.S (Attachment 2): • Target includes a full,service grocery element that will add to the existing commercial and retail uses in the• community and will ;add to the convenience for a one-stop destination for grocery and beverage purchases. • The parcels to the north; across the freeway, are zoned R-2 and are developed with,single famil y The parcels Th arcels to. the northeast are zoned C2 and are developed with a in ;center: The to the east are,zoned k2, R5 and MU1Aand are commercial sho parcels shopping ;center. with single-family and multi-family homes, as swell well as commercial uses. The parcels to the south are zoned OSP, MU1B, Civic Facility and Industrial. These parcels are developed with uses ranging from single family homes, multi-family units, restaurants/fast food, retail,and-industrial uses. The existing developments are all similar and/or compatible in height, density, and use to that of the shopping center where the grocery store will be located. • The volume of alcohol projected to be sold is minimal. Target estimates that beer and wine sales will account for less than 2%of total sales at the store. • Operating hours from 8:00 am to 11:00'pm, which will limit the potential for nuisances and which are consistent with other uses!•in the center. • Sale of alcoholic beverages in the retail store is consistent with the pattern of neighborhood markets and restaurants in the city. • The Target store is located in census tract 1507.01, which allows for seven Type 20 licenses in this census tract but 31 Type 20 licenses currently exist. There,are currently 31-Type 20 Licenses (Off-Sale.Licenses) and 17-Type 21 Licenses (Off-Sale General— Package Store). As required from the ABC, Target will be required to purchase an existing Type 20 license within.Sonoma County as no new licenses are allowed. Target therefore will not create a new,license in the County. • The approval of a PCN should not have any impact on sensitive uses in the community, including the residential usesand Live Oak Charter School(located'on the Fairground property, over 500 feet, away) or the Petaluma Swim Center, iapproximately 500 feet away. The store will sell alcohol responsibly and adhere to all applicable governmental • regulations: The request is consistent and harmonious with the adjacent and surrounding uses. • All staff will have the ABC's state mandated training, as well as an internal training on the sale ofalcohol as part of Target's new employee orientation.; The training;focuses'on cashier responsibilities in preventing underage sales,methods for identification, handling intoxicated guests and cashier liability. Target also has age verification.technology built into its point of sale to assist employees and security cameras are located throughout the store to monitor;cnstomer activity and deter theft as well as,uniformed security personnel Target PCN 401 Kenilworth Drive PLPC-13-0I 01 Page 4 • at the entrances/0(1ts. In addition Target has undercover asset protection personnel who li walk•theistore. - Fire Marshal The Fire Marshal reviewed the proposed application and has no concerns with respect to the Determination of Public Convenience.and Necessity. Police Department The Police Department has reviewed the request for a PCN`and'•does not have any objection to beer and wine sales at Target. 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 sale of beer and wine at this retail store is•not anticipated to create,an increased burden of service calls as sometimes happens with alcohol establishments. The sale:of alcoholic beverages is a small percentage of the store's sales and does not represent a concern given the stores location. Planning Division Planning recommends that the Planning.Commission make the,determination that the issuance of a Type 20 (off-sale)license in this census tract for the proposed use would serve the public convenience or necessity pursuant to the provisions of Resolution 96-56 N.C. (Attachment 3). Staff believes that the proposed PCN is compatible with surrounding uses, would provide a convenience to nearby residents and;employees?and an option of shopping alternatives, and adds appropriately to the mix of uses immediate vicinity.;Alcohol'is a+;small part of the overall sales in the store, it is imporianttcy offer the customer a one-stop,shopping,opportunity and as a general retail store, it is important to have the widest selection possible for the community. The sale of beer and wine will not;create a nuisance or be detrimental to the public health or welfare as there will be no on-site consumption; Approval.of a PCN should not have any impact on sensitive uses in the community, including the residential uses and Live Oak Charter School (located on the. Fairground property) and the Petaluma Swim Center which is located approximately 500 feet away. The volume of alcohol projected to be sold is minimal. Target estimates that beer and wine sales will account for less than 2% of total sales at the store. The sale of selling of alcohol.ata general retail store is not considered to create an increased burden of service calls like other alcohol establishments and is consistent with other general retail store operations. PUBLIC;COMIVIENTS On May 2, 2013, a,public^notice was;mailed to all property owners and occupants within 500 feet of the subject property and an interested parties ilist and a public notice was published in the Argus Courier. At the writing of the staff report, staff has,received no comments. i ENVIRONMENTAL REW An Environmental Impact Report (EIR) 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). The project is under construction and has been reviewed for consistency\with all:mitigations and conditions of the proJect approval. • TargetPCN 401 Kenilworth_:Drive PLPC-13-d1 01 Page 5 ' The sale of alcoholic beverages does not irepresent;asubstantial 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 of 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. RECOMMENDATION . Staff recommends that the Planning Commission_conduct the required public hearing and adopt a Resolution making the determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 20 Alcoholic Beverage License for Target, located at 401 Kenilworth Drive subject to the sfindings set forth in the attached-resolution. (Attachment 1). ATTACHMENTS • Attachment 1: Draft Resolution Attachment 2: Project Narrative Attachment 3: Resolution 96-56 N.C.S. regarding Public Convenience or Necessity Attachment 4: California Department of Alcoholic Beverage. Control For the County of SONOMA (Off-Sale Licenses) and Census Tract = 1507.01 report as of 4/9/13 Common ABC License Type Census Tract Map Attachment 5: Memorandum;from Lieutenant Mike Cook dated April 18, 2013. Attachment 6: Project Plans III Target PCN 401.Kenilworth,Drive,PLPC-13-0001 Page 6 — RESOLUTION OF THE CITY OF PETALUMA PLANNING COMIVIISSION DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY TILE ISSUANCE OF AN ALCOHOLIC.BEVERAGE LICENSE TO TARGET AT 401 KENILWORTH DRIVE MN 007-241=002 File No.-PLPC-13-0001 it WHEREAS, the Department of,Alcoholic Beverage Control (ABC) determined that the Target 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, Beth Aboulafia (Hinman & Carmichael, LLC), representative for Target 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) for Target 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 May 2, 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 anzinterested parties list; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 14, 2013 during which the Commission considered the request a related staff report dated May 14, 2013and 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 as further discussed in the staff report: Target PCN 401 Kenilworth Drive PLPC-13-0001 Page 7 • 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 addssappropriately to the mix of uses in the immediate vicinity. 2. The sale of alcoholic beverages sales are projected to be minimal, and will account for less than 2% of sales at the store of the store's total sales volume. 3. The retail sale of alcoholic beverages to the stores 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-8:00 am. tol1:00 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 —FUrtherDiversify 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 retail store will be located in census tract 1507.01, which allows for seven Type 20 licenses in this census tract buf31 Type 20 licenses currently exist. There are currently 31-Type 20 Licenses (Off-Sale,Licenses) and 17-Type 21 Licenses (Off-Sale:General — Package Store). As required from the ABC, Target will be required to purchase an existing Type,20,license within Sonoma County,as no new licenses are allowed. Target therefore will not create a new license in the County. 7. Althoughithe retail store is located in a, ensus 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 Target..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 sigiuficant impact to the community. The selling of-alcohol at a;grocery store isj not considered to create an increased burden of I i Target PCN 401 Kenilworth:Drive PLPC-13-0001 ' Page 8 14 service calls like alcohol establishments' and-the sale of alcoholic beverage is a small percentage of the,overall business(2%). 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,store. _ II Target PCN 401 Kenilworth Drive PLPC-13-0001' Page 9 _ I TARGETCORPORATION DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY-ATTACHMENT Target Corporation ("Target") has applied to the Department OtAlcoholicBeverage Control for aType 20 Off-Sale Beer and Wine license at the-.new Target storeiopeningiin the East,Washington Place shopping center in July 2013. Because the new'store'is located in a census tractthat;has an "undue concentration" of off-sale-licenses under Section 23958.4 of the Business and Professions Code,Target is • requesting a determination that public convenience ornecessity will be served,by issuance of the license. ' The New Petaluma Target II Target will be the anchor tenant:in the new East Washington Place;shopping center,located at the southwest corner of Highway 101 and`East Washington Street. The new 138,324 square foot store will occupy the entire north end of the shopping center and will employ approximately 200 Target team members. The store hours will be 8 a.m.to;11 p.m.daily,with extended store hours during the holiday season and for special events. The new store will be the first Target store,inPetaluma and only the third in Sonoma County. The Petaluma Target will offer guests all the everyday essentials and exclusive brands they have come to expect from Target. The new store will provide a real;convenience to Target customers who live and work in the Petaluma area who currently must travel to Rohnert Park (11.5 miles)or Novato(12 miles) to;shop at Target. Further,the new store will generate significant:sales tax revenue,for the city that would otherwise go elsewhere. Target's Alcoholic Beverage Sales Inaddition:to a broad range of general merchandise, a significant component of the new Target store will be its'grocery section.'The store';will=offer a,full-range of grocery products,,including fresh meats, fresh vegetables and produce;and fresh bakery items,;along with a;selection of dry goods: Along with its grocery offerings,Target would like to be able to offer customers the ability to purchase alcoholic beverage. Adding alcoholic beverages'to its grocery offerings will provide Target shoppers with a convenient, one stop-destination foegrocery and beverage',purchases. Alcoholic beverage sales will be incidental to Target's overall retail operations and will account for only a small part of overall sales revenues at the store. Target estimates',that sales of alcoholic beverages will account for less than 2%of sales at the store: Although only a small component,the ability to sell alcoholic beverages is important;tothe success of thestore. Wellover 90%of the Targetstores.in California—Rohnert Park and Novato included—sell alcoholicbeverages; itis a product customers have come to expect at Target. For the;new,store to be successful,Target mustbe able to offer customers the same full-range of products they are able to find at other Target stores. • y — I0 Target is a Responsible Retailer of Alcoholic Beverages Target understands and takes seriously the responsibility that comes with selling,alcoholicbeverages. All,Target employees are required to complete Target's AlcohoUSales Training Program before they are permitted to sell alcoholic beverages: The,training focuses on cashier responsibilities in preventing underage sales,methods for verifying identification, handling intoxicated guests and cashier liability. Target also has age verification technology built into its point of sale system to further assist employees in preventing underage sales. Target will also have state-of-the-art-security cameras',located throughout the store to monitor customer activity and deter theft. In addition,there will be uniformed security personnel at the entrances/exits to the store during business hours,as well as undercover asset protection personnel who walk the store. Target is a Strong Community Partner Target creates strong partnerships with local organizations in all of the communities where it does business through Target's community giving programs. The Petaluma store will start a local grant program,contribute to the United Way and donate food to a,Feeding Americamember or other approved agency. Target'also encourages employees to participate:in local events and volunteer their time to serve the needs of their community. Proximity to Sensitive.Uses - I The nearest residential propertiesare.separated,from'the Target store:by East Washington Street, a major thoroughfare,and.Highway 101: The Petaluma Swim Center is!approximately 500'from the Target store,separated by the shopping:center parking lotand other retail buildings. Because of the physical separation factors,Target's'operations will not impact these sensitive uses. Compatibility of Use with Surrounding Area The new Target store is located in what will be a major retail shopping center in Petaluma. The package sale of alcoholic beverages is consistent with the future;retail uses at the location, and fits with the proposed commercial plan for the area. Effect on Welfare of Area Residents The incidental sale:of.alcoholic beverages at Target will not have any detrimental effect on the welfare of neighborhood. As noted above,Target has policies and protocols to ensure that alcohol sales are handled in a responsible;manner and.to:deter crime;.loitering or other undesirable activity. The ability to purchase alcoholic beverages for off-site,consumption,in addition to other grocery and department I l it store items;at Target will benefit area.residenti by1providing a convenience to those residents, and will positively impact the local economy. i I ' l • i CITY OF PETALUMA, CALIFORNIA MEMORANDUM Community Development Department,I1 English Street,Petaluma. CA 94952 (707) 778-4301 Fax(707) 778-4498 E-mail: cdd @eipetaluma.ca.us. DATE: May 13, 2013 TO: City ofR etal'uma-Planning Commission FROM: Irene T. Borba, Senior Planner SUBJECT: - Target—Public Convenience &Necessity(PCN) The staff report for the Target PCN states that there are currently 31-Type 20 licenses and 17- Type.21 licenses issued-in the Census Tract 1507.01. These numbers are actually representative of the licenses for the larger-,zip code area and not the Census,Tract. The staff report should more accurately read "According to ABC, the ratio would allow for seven licenses in this census tract but there are currently 22 off:sale.'licenses including 12-Type 20 licenses (off-sale beer and wine) and 10-Type 21 licenses(off--sale beer, wine and:distilled spirits):" Attached is the corresponding;California Department of Alco$olic;Beverage Control report for (Off-Sale Licenses) Census Tract 1507:01, dated May 8. 2013: Finding 6 in the,draft.resolution`('Attachment I- PCN Resolution) should be modified appropriately to reflect the correct information. If you have any questions or need':further clarification please feel free to contact me at(707) 778- 4315 or iborbacci`.petalurna.ca.us • LEH Y2 -California ARC=incense Query System,-Data Ponta{ http ItwwTVw:abc,ca:govldatport!ADCountyRep:asp i 4rocr.„. . . ,Califo9uwH3efini4ment of-Aleoltolie•Beverage Control For the County of SONOMA (Off-Sale Liceses) `^ -nnd CeneusTract 1507:01, ' L`QEYEM1MGF" Report as of 5/8/2013- ' - ` Icenss ' •LlcOnee Ori9'lss., I EaPir - Mailing Geo. Primary Owner add Premises Atltlr. I Business Nairn Code �iunber� Slatua : Type Dale Oece � � I -* - ' 1 rap, TM1iE 21 Tl?S�t991' 2Ut3 id WESTERN 4MARKET.INC. ETALUIvW MARKET 24c 933 J 10 WESTERN AVE PETALUM0.45094952 ensus Tract 1`507.01 21 4617'v' THE 20 dl27/1990. 101312013 _ aFNKO,ELAINE CHARIOTS QF.FLOWER SA GIFTS 21 PARKVIEW CT • • 1 LAXEVILLE ST 'ETALUOA CA 94952 FE TALIM A CA94952 . emus Tract 1507.01 . SOE.W WASHINGTON • WC !BREE'SEYS RESTAURANT r -- a BREWERY 1 B THE 2D 1!2(X1991 1/20Y3 ONOM4 BREWING CORT?N 9 i PETALUMA CA 94952• I THE 21 13t1994 'JJR013 REBEN KATHY.P ORESENS TAVERN r i`�' 19 ET LUMtC WESTERN AVE — ETALUM4•CA 94652 ensus Traci 1°v0I 04 r 33)693.; THE 20 19/23/1997, _ 112013 • ALFORNN NTERNATONAL 'IWACFIC ESTATES: 0 BOX 259 1903 ., i,. KETING EBASTOPOL CA95473. TMJfl fI ='ETALtM14 CA 94952' vs Traci,115E1701: I dJ THE j 20 ysl262001 7I31(29131 RRLSOISTRBUTINC - MORRIS OISTRIBUTM4G; F9C2I 54 PAYRAN ST PETALUMA CA94952-5907. Cans sTract 1547.01: 73929 UREND 29 k/2712001 5131/2013 : II4SOOYOUNG bQQ DENTAL-TRADPIG CO :32 VW N4VARR0 903 . 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Census TYt;1507 bi 101 0$,4'+ CTNE I( 21 '2004 1/312014 SICW RAM AVE7 SOUTH CITY,MARKET roT ��I. l Cen,uUMgCA5701 CePSUS Tact i5D7 Ot 11) 15778 tACTNE 21 9121/2004 S'33'2013�_ RB ENTERPRISES INC— CHARLEYS LIQUORS&DELI r. 1 PETALUMA BLVD S PETALUMA CA94952 CensusTract159701 J 113172014._ ES CENTRAL CLUB NC :GALES CENTRAL'CLUB ' E.,3_ 7 21811' THE 21 �22IXY'. 1 _ ___106 PETALtM A BLVD N 1 F.TPLlMvl4,45094952 rnmusTract 150.7D1 • 13) 393: THE 20 1QOW iG013 NAMOAR B SON IC NMDAR&SON' PO BOX 182 9013. -' 74TH St ST E59 ETALUM4 CA 94953.0162 1 ensus Tract 45094952-3043 areas Tract 1607 01 14) $,773. THE 21 Z Q7 r30/2013 LUCKY STORES INC LUCKYS 740 '0 80X 4054 • MUM4 CA 44&52-3329 •PESi0,CA 95352-954 • P - ensus Tract.1507.01 3 of,2 LI ---I L4 St9/20139;SSAM. • California ABC.e'License Query System- Data Po tal httii://www.abc.ca:govidatport.AIiCountyRep:asp 15) 50534. CTNE ^20 132007 ' /2013 •.HEKRON STATIONS NC ' rHEWRON 'PPORBO 2292.BUSINESS LICENSE 903 1002 LAKEV1IE ST PE rALIMM'CA 94W42-3332 ( REACH 92022-2292 emus Tre;;l 1507.01 I 1 16} 75077. CTNE 20 32312009 3052013 ENACt7 WNESU.0 'SOLISTE CELLARS 903 05 E O ST STE 116•PETALLMA CA 94952.3173 ���. 7) 7d5K9 T0lE 21 8(20D9' 112014 s•sFW.'VIKRAMSNGH NJIL BEES 1NNE58 SPIRBS COTTONTAIL 05492 90'5 �s s La^t 150 1 t�..... �...���rETALUM41A949�-3130 i Mp90R;CA 95492-3030 444 LAKEVILE ST 4 19) £2330 THE 20 0/52009 1/312014 MANTA WRKETINCORPORATED UM/TA MARKET2. 14903 •••CAULFIELD IN,STE C• PETALUW CA 99954 3335 Census Tract 1507.01 101 r___ 54 ME I 20 IPM¢011 42 39 �3D2013 32NO STLLC SONOM4 VALLEY PORT4VORKS ALX2777 903 CA 94952 277] _, ETALl1MA CA94462 5923 ensus Tract 1507.01 PETALlM40. 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Census U e.CA94950234pE,itip _ Er ri 7.39 TE' 21 3/27/1970 2013 MICOYENTERPRISES NC UCKHORN THE' 15 PETALIIFA BLVD S' PETPLW9q CA 94952-5130 IGmsus Tact 1507.01 F -.End of Report- - , 1 Fora definition of codes,view ourgiossaryr ■ i I I • I I 2of2 1 5/9/2013 9:55 A M City of:Petaluma, California Memorandum Police Administration,969 Petaluma Boulevard North,PeLahima,CA 94952 (707) 778=4370 Fax(707)'778-0502 &mad:poll eadmin%ii-petahim&caUS DATE: April 18,2013 RECEIVED TO: Irene Borba, SeniorPlannet1 ,' i APR 2 2 2013 l FROM: Mike Cook,Lieutenant, �l COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: Target PLPC-13-0001 I have reviewed the Target application for a finding ofPCN at their new store located at 401 Kenilworth Drive in Petaluma. The police department will not contest the Type 20 license for this location. The Type 20 license allows for'Off-sale,beer and wine salesand does not allow for consumption on the premises. The off--sale,beer and wine sales are a small percentage of the store's sales and do not represent a concern for store location. I have researched the alcohol related calls for service at the two Target stores closest to Petaluma (Rohnert Park and Novato). I could"not locate any alcohol related calls for service generated by the Target store in Rohnert Park The Novato Police Department reported that they have not experienced any alcohol sales related problems at the Novato:store in the past year. 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J ® �4 . y \ 0 -AN. • oC • ATTACHMENT 5 RESOLUTION NO. 2013-08 CITY OF PETALUMA PLANNING COMMISSION DETERMINING THAT.THE PUBLIC.CONVENIENCE OR NECESSITY WOULD NOT BE SERVED BY THE IS SUANCEOF AN ALCOHOLIC BEVERAGE"LICENSE TO TARGET AT 401 KENILWORTH DRIVE" A'PN 007-241-002 File No. PLPC-13-0001 WHEREAS, the Department of Alcoholic Beverage Control (ABC) determined that the Target at 401 Kenilworth Drive' is within a census tract with an undue concentration of off-sale licenses allowing the sale of alcohol; 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, Beth Aboulafia (Hinman & Carmichael, LLC), representative for Target 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) for Target 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 May 2, 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:qp interested parties list; and, WHEREAS, the Planning Commission held a duly noticed public hearing on May 14, 2013 during which the Commission considered the request"and related staff report dated May 14, 2013 and received and considered all written and oral public comments submitted up to and at the time of the public hearing in accordance with the City-of Petaluma Implementing Zoning Ordinance. NOW THEREFORE, BE IT,RESOLVED that the Planning Commission hereby determines that the-Public Convenience or Necessity would not be served 'by the issuance of an additional • license in this census tract ter'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. Based on 'information provided by, 'the applicant, the projected alcohol sales will account for less than 2% of Target,'s total Sales volume. The minimal sales volume attributable>to alcohol sales indicate that the store could operate in a viable fashion without alcohol sales: 2. Target-is located in close proximity to sensitive land uses such as the Petaluma Swim Center, Live Oak Charter School, and the 360 Church. Additional alcohol licenses in Planning.Commission Res Ilution No]2013-08 Page 1 i an area alteddy ,considered to have an undue concentration-within close proximity fo thesesensitive•receptors,is not compatible. 3: An .additional license for alcohol sales within the East Washington Place shopping center would be-detrimental to other businesses in'the center, including Bev Mo and Sprouts• and therefore is not considered suitable or compatible with the uses and Character of the immediatescommerciatarea. • 4. The requested PCN for Target does not meet the"threshold for public convenience or necessity. 1 ADOPTED this 1401,day of May, 2013, by tie following vote: iCommn Mmbr ' A ' N ci Aet Aba tsto ee t ' y e o , sn •. . Abercrombie X• Elias X Johnson X A. Miller ,X K. Miller X Chair Pierre ,X Vice Chair Wolpert 'X • Bill Wolper', Vice-Chair ATTEST: APPROVED AS TO FORM: H at er Hines, Co p ttee Secr Kathleen Faublon, Assistant City Attorney i Planning Commission Resolution No.. 2013-08 Paget ATTACHMENT 6 Resolution No. - 96L5fi N.C.S. of the City of PetaIhrna, California 7 3 RESCINDING-RESOLUTION 95457N.C.S. AND ESTABLISHING 4 GUIDELINES TO BE UTILIZED IN'MAKING DETERMINATIONS OF 5 PUBLIC CONVENIENCE OR NECESSITY PURSUANT TO THE 6 REQUIREMENTS OF 7 BUSINESS AND PROFESSIONS CODE SECTION 23958.4 8 9 10 WHEREAS, pursuant to Business and Professions;Code Section=23958.4(b)(2), ri the Department of Alcoholic Beverage Control ,(ABC) may grant certain types of 12 alcoholic beverage licenses as set,forth in said section; and 13 14 WHEREAS, this section precludes; the ABC frotial issuing• new licenses within 15 an;area identified as experiencing an undue concentration of licensed facilities unless '16 the City Council (as the local governing _body of the area in which the applicant's 17 premises are located) determines' that. the public convenience or necessity would be Is served by the issuance of said-license; and 19 20 WHEREAS, the City Council may delegate the duties of determining whether 21 or 'not public convenience or necessity are met to a 'subordinate agency or zoning, 22 planning, or law enforcementpflicial; and 23 24 WHEREAS, the City Council adopted 'Resolution 95157 N.C.S. which 25 established the procedure by which the city of petaluma°will address determinations of 26 public convenience or necessity pursuanO'the Business and Professions Code; 27 28 WHEREAS, the present procedure does not contain criteria to be employed in 29 "making determinations of public convenience or necessity and the City Council desires 30 to 'establish formal criteria or guidelines to assist in. making more thoughtful and 31 consistent determinations. 32- 33 NOW, THEREFORE, BE IT RESOLVED that the city Council finds that it 34 is necessary to establish guidelines- to be Utilized in.making ,determinations of public 35 convenience or necessity-piirsuantto the Business and Professions Code. 36 37 BE IT FURTHER:RESOLVED that the City Council hereby concludes that, 38 pursuant to Business and .Professions Code Section ,23958.4(b)(2) the authority and 39 duty to determine whether or not public convenience or necessity would warrant the 40 issuance of a license notwithstanding a detenrunation that there is undue Concentration 49 of licenses as defined in Business and Professions Code section 23958.4(a), shall, from 42 the date of the adoption of this Resolution„ by the rplanning Commission of the City of 43 Petaluma. 44 45 BE IT FURTHER RESOLVED that the City Council hereby rescinds 46 Resolution 95-157 N:C.S; and finds this action to be exempt.from the requirements of 47 the California Environmental Quality Act pursuant,to the°General Rule and establishes 48 the following Guidelines to be utilized in making determinations of public convenience 49 or necessity: sit '"` ,.... _''' e ..'1 3 xc3;Nn ' 9& .& �.c.s: lY I Determinations of public convenience or necessity shall be made with the 2, following guidelines taken into consideration: 3 4 1. Determinations shall be made by the Planning Commission. Actions on 5 determination requests maybe appealed to the City.Council. 6 7 2. Input and recommendation from, the Policefand, Fire Departments should 8 be obtained. This input should cover the activity in the area for a period 9 determined by the Police Chief,'to be adequate to show history, or lack i0 thereof; of problems in'the neighborhood:: The Police Chief should also i I offer a projection.regarding the,increased burden for,Police services which f2 might be created by the issuance of anpadditional':license, 13 14 3. Evidence and/or arguments provided by the applicant addressing the 15. public convenience or necessity that.would be served'. by the additional 16 license; 17 18' 4. The nature of the:proposed use; 19 20 5. The extent to which alcohol sales are related to the function of the 21 proposed use and the possibility of the use operating. in a viable fashion 22 without alcohol sales; 23' 24. 6. The proximity of the proposed;licensed premise to sensitive land uses such 25 as residences, schools, churches, parks, etc. and the effect that existing 26 (and the proposed) licensed premises (may) have on such sensitive land 27 uses; 28 29 7. The compatibility or suitability of the proposed use with the uses and/or 30 character of the"surrounding area; 31' 32 8. The effect'thartheproposed use may have on,tlte;welfare of the area 33 residents;• 34 35 9. The public convenience or necessity which would be served to the 36 community (both immediate and the broader Petaluma area) by the 37 issuance of-an additional license; 38 resoundu/Ik3 Under the power and authority conferred-upon this,Counc9',by the Charter of said.City. REFERENCE: I hereby certify the foregoing Resolution was introduced.and:adopted by the Approved as to ,. Council of the City ofPetalurna.at a (Regular) t likkaNd;¢C f ;fl¢1pXmeettng on the 20th. .day 61--...._F b tlaCy , 19;36.., by the c-.1 . following-vote: J City Attorney AYES: Hamilton, Stompe, Read, Shea,. Vice Mayor,Barlas; Mayor Hilligoss NOES: Maguire ■ I ABSENT: N.ne �� / " /� �/-� ud� ATTEST: it..- J .7g- . City Clerk ' Mayor Cbw File ° c. `in ss.Wr'S{ ;;:i _Ci ;. ;' - .. k�<�N-n s196-56 -- , I