HomeMy WebLinkAboutPlanning Commission Resolution 2014-30 09/23/2014RESOLUTION NO. 2014-30
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 VALERO CONVENIENCE STORE
AT 532 E. WASHINGTON STREET
APN 007-061-043 and -042
File No. PLMA-14-0001
WHEREAS, Arash Salkhi, owner of the Valero Gas Station submitted an application
requesting that a determination be made and the findings forwarded to the Department of
Alcoholic Beverage Control (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 the Valero
located at 532 East Washington Street; and
WHEREAS, the Department of Alcoholic Beverage Control determined that the proposed
Valero Convenience store at 532 East Washington Street 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, 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 September 11, 2014 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 to interested parties; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 23,
2014 during which the Commission considered the request, the related staff report dated
September 23, 2014, and received and considered all written and oral public comments which
were submitted up to and at the time of the public hearing in accordance with the City of
Petaluma Implementing Zoning Ordinance; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby determines that
the Public Convenience or Necessity would 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. The City of Petaluma has not typically supported applications for beer and wine
licenses in areas that statistically show an undue concentration of licenses because
of studies showing a relationship between alcohol sales and impaired driving.
Planning Commission Resolution No. 2014-30 Page I
2. There are existing establishments in the immediate area that offer retail sales of beer
and wine and therefore an additional outlet for alcohol sales is not needed to serve
the public convenience or necessity.
3. The proposed sale of beer and wine at the convenience store is ancillary to the
existing gas station and other food and beverage sales, and not essential for the
viability of the primary use of the site as a gas station.
4. The Petaluma Police Department cites similar businesses in Petaluma that have not
been approved for beer and wine sales and that continue to be viable businesses.
5. It is the policy of the Petaluma Police Department to not support alcohol sales at gas
stations because of public safety concerns.
b. The project site is in close proximity to sensitive land uses including McKinley
Elementary School, the Public Library, Live Oak Charter School, and adjacent to
residential areas.
ADOPTED this 23rd day of September, 2014, by the following vote:
ATTEST:
Commission Member
Aye
No
Absent
Abstain
Benedetti-Petnic
X
Lin
X
Gomez
X
Marzo
X
Councilmember Miller
X
Vice Chair Pierre
X
Chair Wolpert
X
C V
Bill Wolpert, Chair
APPROVED AS TO FORM:
H ether Hines, Corjnmission Secretary Andrea Visveshwara, Assistant City Attorney
Planning Commission Resolution No. 2014-30 Page 2