HomeMy WebLinkAboutPlanning Commission Resolution 2013-08 5/14/2013 RESOLUTION NO. 2013-08
CITY OF PETALUMA PLANNING COMMISSION
DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY WOULD NOT 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 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 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 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 for off-sale of beer & wine (Type 20), pursuant to the provisions of
Resolution 96-56 N.C.S and based on the following findings :
1. 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 Resolution No. 2013-08 Page 1
an area already considered to have an undue concentration within close proximity
to these sensitive 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 immediate commercial area.
4. The requested PCN for Target does not meet the threshold for public convenience or
necessity.
ADOPTED this 14th day of May, 2013, by the following vote:
Commission Member' - Aye =No;'- Absent 'Abstain-
Abercrombie X
Elias X
Johnson X
A. Miller X
K. Miller X
Chair Pierre X
Vice Chair Wolpert X
Bill Wolpert, Vice-Chair
ATTEST: APPROVED AS TO FORM:
1
J. // ". ,0 - _✓/ -, ',
Hat er Hines, Co n ittee Secretary Kathleen FaUbion, Assistant City Attorney
Planning Commission Resolution No.2013-08 Page 2