Title
Continued from October 23, 2012 to:
Adopt resolution finding that a public convenience or necessity would be served by the issuance of a Type 20 (Off-Sale Beer and Wine) license by the Department of Alcoholic Beverage Control (ABC) to Peninsula Petroleum, LLC at 7 Carmel Center Place, Carmel for the sale of beer and wine for off-site consumption, pursuant to California Business and Professions Code Section 23958.4.
(PLN120569/ Peninsula Petroleum, LLC, 7 Carmel Center Place, Carmel, Carmel Valley Master Plan)
Report
PROJECT INFORMATION:
Planning File Number: PLN120569
Owner: Carmel Properties Company
Project Location: 7 Carmel Center Place Carmel
APN: 009-562-018-000
Applicant: Peninsula Petroleum, LLC
Plan Area: Carmel Valley Master Plan
Flagged and Staked: No
CEQA Action: N/A
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Adopt resolution finding that a public convenience or necessity would be served by the issuance of a Type 20 (Off-Sale Beer and Wine) license by the Department of Alcoholic Beverage Control (ABC) to Peninsula Petroleum, LLC at 7 Carmel Center Place, Carmel for the sale of beer and wine for off-site consumption, pursuant to California Business and Professions Code Section 23958.4.
SUMMARY:
The applicant, business owner and tenant Peninsula Petroleum, LLC is requesting a Type 20 Alcoholic Beverage Control (ABC) license, which would permit the sale of beer and wine for off-site consumption at an existing convenience market and gasoline station (commonly known as Peninsula Petroleum Food Mart/Fueling Center) located at 7 Carmel Center Place, Carmel, at the property owned by Carmel Properties Company. California Business and Professional Code Section 23958.4 requires a finding that a public convenience or necessity would be served by the issuance of a Type 20 license by the appropriate local jurisdiction before the California Department of Alcoholic Beverage Control may issue a Type 20 (Off-Sale Beer and Wine) license.
ABC looks at population and the number of licenses by census tract or division. The 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 existing licenses where one would be normal for the population within this tract. Factors considered are crime rates and public safety, as well as local law enforcement opposition or non-opposition.
Staff supports the adoption of a Resolution finding that a public convenience or necessity would be served by the issuance of a Type 20 (Off-Sale Beer and Wine) license by the Department of Alcoholic Beverage Control (ABC) to Peninsula Petroleum, LLC for the following reasons:
1) Staff has conferred with the Monterey County Sheriff's office and the Sheriff's Office does not oppose the issuance of a Type 20 (Off-Sale Beer and Wine) license.
2) This business is located within a light commercial zoning district within the Carmel census tract; however this census tract serves as a commercial center for the residents of Carmel, Big Sur and Carmel Valley and; therefore, more sales occur than would normally be associated with the population within the Carmel census tract.
3) Because this business is located within a light commercial area within the Carmel census tract and serves an area which includes other census tracts, including Big Sur, and Carmel Valley, the issuance of said license would serve a much larger population.
A map of the local vicinity of the subject parcel has been included to identify the Type 20 and 21 ABC licenses that have been issued. The map shows areas such as Big Sur, Carmel, Carmel Valley, Pebble Beach, and Del Monte Shopping Center (See Attachment C).
OTHER AGENCY INVOLVEMENT:
This request was referred to the Monterey County Sheriff's Office who does not oppose the granting of the Type 20 (Off-Sale Beer and Wine) license. See Attachment B. Due to late submission of this Board Report, the CAO Budget and Analysis Division was not provided adequate time to fully review for potential fiscal, organizational, policy or other implication to the County of Monterey.
FINANCING:
There will be no impact to the General Fund. Processing fees for this request have been paid by the applicant.
Prepared by: Maria Lopez, Land Use Technician ext. 5239
Approved by: Mike Novo, Director, RMA-Planning, ext. 5192
<mailto:> Benny Young, Director Resource Management Agency
This report was reviewed by Wanda Hickman, Planning Services Manager.
cc: Front Counter Copy; Clerk of the Board (10); Wanda Hickman, Planning Services Manager; Carmel Properties Company, Owner; Peninsula Petroleum, LLC, Applicant; The Open Monterey Project; LandWatch; Commander Vince Hernandez, Monterey County Sheriff's Office; Project File PLN120569.
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 Map showing Type 20 and 21 licenses
Attachment D Vicinity Map