HomeMy WebLinkAboutResolution 2013-063 N.C.S. 6/17/2013 Resolution No. 2013-063 N.C.S.
of the City of Petaluma, California
APPROVING THE APPEAL AND DETERMINING THAT THE PUBLIC
CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF AN
ALCOHOLIC BEVERAGE LICENSE TO TARGET AT 401 KENILWORTH DRIVE
APN 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 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 an 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 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, 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 Resolution No. 96-56 N.C.S.; and,
WHEREAS, on May 28, 2013, an appeal of the Planning Commission's decision was
filed with the City Clerk by Beth Aboulafia (Hinman & Carmichael, LLC) on behalf of Target;
and,
Resolution No. 2013-063 N.C.S. Page I
WHEREAS, on June 17, 2013, at a duly noticed public hearing, the Petaluma City
Council considered all public testimony and evidence submitted 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 Planning Commission Resolution No. 2013-08 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 for a 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 emergency 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 sale of beer and wine at Target located in the
East Washington Place Shopping Center. The Police Department has reviewed the floor
plan and the applicant's description of their business and finds no significant impact to
the community. The selling of 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 sales for off-site consumption.
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 beer and 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 Target is not anticipated to negatively impact those existing land
uses.
Resolution No. 2013-063 N.C.S. Page 2
8. The issuance of an ABC Type-20 License will not create an incompatibility with other
retailers in 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 comply with all performance standards as outlined in the
Implementing Zoning Ordinance.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Appttoved as to
Council of the City of Petaluma at a Regular meeting on the 17i11 day of June,2013, J f cm:
by the following vote:
--C.-4,w2ttonley
AYES: Vice Mayor Albertson,Mayor Glass. Harris,Healy, Kearney, Miller
NOES: Barrett
ABSENT: None
ABSTAIN: None
ATTEST: tUPIPrCt GAP_11.
City Clerk Mayor
Resolution No.2013-063 N.C.S. Page 3