Title
Adopt a Resolution finding that a Public Convenience or Necessity (PNC) will be served by the issuance of a Type 40 (On-Sale Beer) license by the Department of Alcoholic Beverage Control (ABC) to Valley Greens Gallery (Springer) located at 16. E. Carmel Valley Road, Carmel Valley for sale of alcoholic beverages.
(PLN140276/Springer (Valley Greens Gallery) 16 E. Carmel Valley Road, Carmel Valley, APN 187-441-030-000, Carmel Valley Master Plan)
Report
PROJECT INFORMATION:
Planning File Number: PLN140276
Owner: Elizabeth Springer Tr.
Project Location: 16 E. Carmel Valley Road, Carmel Valley
APN: 187-441-030-000
Applicant/Agent: Leah Fusco & Neil Kirkpatrick, Valley Greens Gallery
Plan Area: Carmel Valley Master Plan
Flagged and Staked: No
CEQA Action: Exempt
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Adopt a resolution finding that a Public Convenience or Necessity (PNC) will be served by the issuance of a Type 40 (On-Sale Beer) license by the Department of Alcoholic Beverage Control (ABC) to Valley Greens Gallery (Springer) located at 16. E. Carmel Valley Road, Carmel Valley, for sale of alcoholic beverages pursuant to California Business and Professions (B&P) Code Section 23958.4.
SUMMARY:
Valley Greens Gallery, an art gallery that holds occasional gallery-related events and adult art classes, seeks to serve local and small craft beers as part of the gallery located at16 E. Carmel Valley Road, Carmel Valley. In order to allow craft beers to be served at Valley Greens Gallery, a Type 40 (On-Sale Beer) license is required by the Department of Alcoholic Beverage Control
(ABC). Pursuant to B&P Code Section 23958.4 (Undue Concentration; Requirements for Issuance of License) the local governing body of the area in which the applicant premises are located must make a determination of Public Convenience or Necessity (PCN) as the number of allowed licenses already exceeds the number allowed without this determination.
Due to the excess number of on-sale licenses in the area, a determination of PCN by the Board of Supervisors is required for ABC licensing purposes. Staff recommends that the Board of Supervisors support the finding of a public convenience, as explained below in the Staff Recommendation section. Valley Greens Gallery seeks to provide a unique experience to the Carmel Valley Village community. Based on crime data reviewed by the County Sheriff's Department, a PCN can be supported. No discretionary permit is required for the business as it is locating within an existing establishment that has had uses of a similar character and intensity since the early 1930s.
DISUSSION:
The Department of Alcoholic Beverage Control (ABC) determines the normal amount of alcohol licensing based on the population within a census tract. Each census tract is treated in isolation to surrounding census tracts. The Valley Greens Gallery, located within a shopping center, is located within the Carmel Valley/Cachagua Census Tract (Census Tract No. 110) which covers Carmel Valley Road, beginning at Robinson Canyon Road and ends at Tassajara Road in Cachagua. Census Tract 110 has a population of 5,933. Based on the population, nine (9) on-sale licenses are considered the normal amount for the area. According to the ABC Licensing data, the census tract area currently has 19 on-sale licenses issued (Attachment B). Issuance of a Type 40 license to Valley Greens Gallery will exceed the amount of on-sale licensing considered normal for the census tract area.
Type 40 License
Valley Greens Gallery is requesting the Type 40 license so they are able to provide beer as part of the art gallery. A Type 40 license authorizes the sale of beer for consumption on the premises where sold. The issuance of the Type 40 license will allow the art gallery to serve beer to patrons of the gallery. The establishment will provide beer from local brewers or small micro-breweries within the region and intends to bring a unique beer experience to the community. Based on the licensing data for all on-sale licenses (Attachment B), there are no Type 40 licenses in the census tract area. The commercial areas of this census tract serve a larger population, providing food and entertainment for visitors and surrounding census tracts. The majority of on-sale licenses in the area are attributed to restaurants. The gallery was established in 2009 and has provided the community with local art, art shows and adult art classes.
Environmental Health Bureau and Sheriff Review
Valley Greens Gallery's request for a determination of PCN was reviewed by the Monterey County Environmental Health Bureau and Monterey County Sheriff's Office. A letter was received on June 6, 2014 from the Monterey County Environmental Health Bureau which determined that the license would not create an environmental health risk and can be supported (Attachment C). On May 27, 2014, a letter was received by the Commander of the Monterey Coastal Station stating that the Sheriff's Office does not have crime data that would justify denial of the Type 40 license requested by Valley Greens Gallery (Attachment D).
Staff Recommendation
Staff supports the finding of PCN for the following reasons:
1) Based on crime data within the area, the Monterey County Sheriff's Office is not opposed to the issuance of a Type 40 license to Valley Greens Gallery.
2) Based on review by the Environmental Health Bureau the license would not create an environmental health risk.
3) Based on ABC licensing data for the Carmel Valley Village/Cachugua census tract, existing licenses for on-sale alcoholic beverages are different than what Valley Greens Gallery proposes. The majority of on-sale licensing in the area is attributed to restaurants.
4) Valley Greens Gallery will provide a new experience which is not currently available within the Census Tract area.
OTHER AGENCY INVOLVEMENT:
The request was referred to the Sheriff's Department and Monterey County Environmental Health Bureau. Both agencies do not oppose the granting of the Type 40 license (Attachments C & D).
FINANCING:
There will be no impact to the General Fund. Funding for staff time associated with this project is included in the FY14-15 Adopted Budget for RMA - Planning.
Prepared by: Dan Lister, Assistant Planner ext. 6617
Approved by: Mike Novo, Director, RMA-Planning, ext. 5192
Benny Young, Director Resource Management Agency
This report was prepared with assistance and review by John Ford, RMA Services Manager
cc: Front Counter Copy; John Ford, RMA Services Manager; Leah Fusco & Neil Kirkpatrick of Valley Greens Gallery, Applicant/Agent; Christine Williams, Carmel Valley Association; The Open Monterey Project; LandWatch; Donna Galletti, Monterey County Sheriff's Department; Nicki Fowler, Environmental Health Bureau; Project File PLN140276
The following attachments on file with the Clerk of the Board:
Attachment A Board Resolution;
Attachment B California Alcohol Beverage Control (ABC) Licensing Data for all on-sale licenses in the Carmel Valley Village/Cachagua Census Tract, include map of census tract area;
Attachment C Letter from the Environmental Health Bureau;
Attachment D Letter from County Sheriff's Department;
Attachment E Letter Requesting a Public Convenience or Necessity Determination
Attachment F Vicinity Map