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HomeMy WebLinkAboutPlanning Commission Resolution 2012-07 06/26/2012 RESOLUTION NO. 2012-07 CITY OF PETALUMA PLANNING COMMISSION DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE LICENSE FOR THE CORKSCREW WINE BAR AT 100 PETALUMA BOULEVARD NORTH, SUITE #103, APN 006-282-023 File No. 12-CU P-0148 WHEREAS, the Department of Alcoholic Beverage Control (ABC) determined that the proposed Corkscrew Wine Bar at 100 Petaluma Blvd North, Suite #103 is within a census tract with an undue concentration of licenses allowing the sale of alcohol; and, WHEREAS, State Business and Professions Code Section 23958.4(b) (2) precludes the ABC from issuing new licenses within such an area, unless the City 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 City to act; and, WHEREAS, Basha Quilici submitted an application requesting that a determination be made and the findings be forwarded to the ABC that the Public Convenience or Necessity (PCN) would be served by the issuance of an ABC License - Type 42 (On-Sale Beer & Wine for Public Premises) allowing on-premise consumption and 58 License (Caterer's Permit) to allow the Corkscrew Wine Bar at the 100 Petaluma Blvd. North, Suite #103; 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 31, 2012 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 June 12, 2012 and June 26, 2012 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. 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 on-sale of beer & wine, pursuant to the provisions of Resolution 96-56 N,C.S and based on the following findings: 1. The proposed wine bar will provide low key, live entertainment, including jazz, which is currently not well represented in downtown clubs, restaurants and bars. 2. The proposed wine bar will offer educational events related to wine and local food, which furthers the goals of the Central Petaluma Specific Plan to support existing viable uses and provide new uses that complement and complete the urban fabric. Planning Commission Resolution No. 2012-07 Page 1 3. The proposed wine bar provides a convenience to the community and contributes to a vibrant mix of uses (food and beverage services/live entertainment) within the core of the Petaluma downtown. 4. The proposed wine bar conforms to the intent, goals, and policies of the Petaluma General Plan 2025. The subject property has a Mixed Use land use designation and is located in an area that includes a mix of uses (commercial, retail, offices and service uses). The proposed project is consistent with the General Plan objective to encourage small businesses which foster economi •vitality, diversity and opportunity. 5. The proposed wine bar furthers the goals of the City of Petaluma Economic Development Strategic Plan in that it enhances the retail diversity, improves neighborhood commercial districts, and plans for uses along the river in the Downtown, 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 4- Increase Tourism • Objective 4.1 - Leverage Petaluma's unique historic, natural and cultural assets to promote heritage, agricultural, ecological, and arts/culture tourism in Petaluma. • Goal 6-Strengthen Petaluma's Retail Sector. • 6.1 - Ensure resident's easy access to shopping by attracting retailers that would expand local choice. • Goal 7-Enhance Vibrancy & Attractiveness of Downtown Petaluma. • Objective 7.1 - Maintain and expand Downtown as a hub of commercial and retail activity with residential activities. • 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 proposed wine bar is expected to attract a somewhat different and older clientele than some other alcohol establishments in the downtown core which contribute to the City's late night, club and bar scene. 7. The proposed wine bar complements existing full service restaurants in the immediate vicinity as a place to enjoy a glass of wine and live music before or after a meal at a neighboring restaurant. 8. The proposed wine bar also increases the number of establishments in the downtown area available for informal lunch service, creating an additional draw for residents and visitors to the downtown. 9. The proposed wine bar adds outdoor seating along Water Street, contributing to the vitality of the area near the Balshaw Bridge and future downtown railroad trestle pedestrian way. 10. The proposed wine bar will bring additional street traffic to an area of the downtown which sees less nighttime use than other areas, including an increased presence on Water Street, thereby expanding the vibrancy of the downtown as a whole. 11. Although the proposed wine bar is located in a census tract with an undue concentration of retail alcohol licenses, upon further review, the Petaluma Police Department testified at the public hearing on June 12th that of the existing licenses, only four were wine and beer licenses, and only one other was the type of ABC catering license also sought by the proposed wine bar. The total in the census tract includes 16 special licenses, 27 restaurant/bars, 10 bars, 9 markets, and only 4 other wine bars. Therefore the number of wine bars in this very large census tract is not excessive. Planning Commission Resolution No.2012-07 Page 2 12. The sale of alcohol for the proposed wine bar 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 occur as a result of the wine bar. 13. Pursuant to City Council Resolution No. 96-056 N.C.S., the Police Department reviewed the above referenced application and despite earlier advice opposing the certificate of convenience and necessity, provided testimony at the Planning Commission hearing on June 12th that it had no evidence that existing wine bars in downtown Petaluma have created any increase in Police response incidents, and therefore an increased burden for police services is not anticipated for the proposed wine bar. 14. Pursuant to City Council Resolution No. 96-56 N.C.S., the Fire Marshal's office reviewed the above referenced application and indicated that no increased burden for fire prevention services is anticipated for the proposed wine bar. ADOPTED this 26th day of June, 2012, by the following vote: Co nmissione - ' Aye Nb Absent` Absfain: Abercrombie X Elias X Herries X Chair Johansen X Kearney X Vice Chair Pierre X Wolpert X ,Al?.2.4 / Curt Johansen, Chair ATTEST: APPROVED AS TO FORM: //J/) s : .,, �` . `� He r,t er Hines, Co f mission Secretary Leslie Thomsen, Assistant City Attorney Planning Commission Resolution No.2012-07 Page 3