Title
Adopt Resolution finding that a public convenience would be served by allowing the transfer of Type 20 (Off-Sale Beer and Wine) and Type 42 (On-Sale Beer and Wine - Public Premises) licenses by the Department of Alcoholic Beverage Control (ABC) to Southern Latitudes Wines LLC on behalf of Carmel Valley Partners at 235 Crossroads Blvd., Carmel for the sale of beer and wine for off-site consumption, and for the sale of beer and wine for consumption on or off the premises.
(Letter of Public Convenience or Necessity - PLN140250/Carmel Valley Partners, 235 Crossroads Blvd., Carmel Valley Master Plan).
Report
PROJECT INFORMATION:
Planning File Number: PLN140250
Owner: Carmel Valley Partners
Project Location: 235 Crossroads Blvd. Carmel
APN: 009-562-030-000
Agent: Southern Latitudes Wines LLC, C/O Kerre Dubinsky
Plan Area: Carmel Valley Master Plan
Flagged and Staked: N/A
CEQA Action: N/A
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Adopt resolution finding that a public convenience would be served by allowing the transfer of Type 20 (Off-Sale Beer and Wine) and Type 42 (On-Sale Beer and Wine - Public Premises) licenses by the Department of Alcoholic Beverage Control (ABC) to Southern Latitudes Wines LLC on behalf of Carmel Valley Partners at 235 Crossroads Blvd., Carmel for the sale of beer and wine for off-site consumption, and for the sale of beer and wine for consumption on or off the premises, pursuant to California Business and Professions Code Section 23958.4.
SUMMARY:
The applicant, tenant (Southern Latitudes Wines LLC), and business owner (Carmel Valley Partners) are requesting the transfer of Type 20 (Off-Sale Beer and Wine), and Type 42 (On-Sale Beer and Wine - Public Premises) licenses from Lincoln Street between Ocean & 6th Street, Carmel by-the-Sea to 235 Crossroads Blvd., Carmel. A Type 20 (Off-Sale Beer and Wine) license would permit the sale of beer and wine for off-site consumption at an existing commercial shop located at 235 Crossroads Blvd., Carmel. The Type 42 (On-Sale Beer and Wine - Public Premises) license would permit the sale of beer and wine for consumption on or off the premises at an existing commercial shop located at 235 Crossroads Blvd., Carmel. In situations where there is a higher than expected concentration of ABC licenses, California Business and Professions Code Section 23958.4 requires a finding by the appropriate local jurisdiction that a public convenience or necessity would be served by the issuance of a Type 20 or Type 42 license before ABC will issue the licenses.
ABC looks at population and the number of licenses by census tract or division. ABC assumes that a certain number of licenses are needed depending upon population. The Carmel census tract is considered to have an undue concentration of licenses, as it has three (3) existing licenses where one (1) license is allowed within census tract 116.04 for a Type 20 license. Within the same census tract, there is an undue concentration of licenses for Type 42, as it has twelve (12) existing licenses where three (3) licenses are allowed. Factors considered are crime rates and public safety, as well as local law enforcement opposition or non-opposition. An additional factor is that the shopping area of this proposed business serves a much larger area.
Staff supports the adoption of a Resolution finding that a public convenience or necessity would be served by the transfer of Type 20 (Off-Sale Beer and Wine), and Type 42 (On-Sale Beer and Wine - Public Premises) licenses by ABC from Lincoln Street between Ocean & 6th Street, Carmel by-the-Sea to 235 Crossroads Blvd., Carmel (to Southern Latitudes Wines LLC on behalf of Carmel Valley Partners) for the following reasons:
1) Staff has conferred with the Monterey County Sheriff's Office (MCSO) and the MCSO does not oppose the transfer of these Type 20 (Off-Sale Beer and Wine) and Type 42 (On-Sale Beer and Wine - Public Premises) licenses;
2) Staff has conferred with the Monterey County Environmental Health Bureau (EHB) and EHB does not oppose the transfer of these Type 20 (Off-Sale Beer and Wine) and Type 42 (On-Sale Beer and Wine - Public Premises) licenses;
3) The receiving business, at 235 Crossroads Blvd., Carmel, is located within a light commercial zoning district within a census tract which serves the residents of Carmel, Carmel Valley, Big Sur, as well as visitors to the area and, therefore, serves a population beyond that normally associated with the Carmel census tract alone.
OTHER AGENCY INVOLVEMENT:
The request was referred to the Monterey County Sheriff's Office and the Environmental Health Bureau who do not oppose the transfer of Type 20 (Off-Sale Beer and Wine), and Type 42 (On-Sale Beer and Wine - Public Premises) licenses to this new location. See Attachments B, and C.
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: Maria Lopez, Permit Technician II Ext. 5239
Approved by: Mike Novo, Director, RMA-Planning, ext. 5192
<mailto:> Benny Young, Director Resource Management Agency
This report was reviewed by John Ford, Planning Services Manager
cc: Front Counter Copy; John Ford, RMA Services Manager; Southern Latitudes Wines LLC, Applicant/Owner (Carmel Valley Partners); The Open Monterey Project (Molly Erickson); LandWatch (Amy White); John H. Farrow; Janet Brennan; Monterey County Sheriff's Office; Environmental Health Bureau; and Project File PLN140250
The following attachments on file with the Clerk of the Board:
Attachment A Resolution
Attachment B Comments from Monterey County Sheriff's Office
Attachment C Comments from Monterey County Environmental Health Bureau
Attachment D Map Showing Type 20 and 42 Licenses
Attachment E Map Showing 200 Feet of the Boundary of a Residential District
Attachment F Vicinity Map