CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT

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Mission Statement We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO.

1 Mission Statement We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow. CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT ITEM NO. 7C1 Meeting Date: September 13, 2016 Department: Development Services Submitted By: Mary Grace Pawson, Director of Development Services Prepared By: Agenda Title: Zach Tusinger, Planner I Determination of Public Convenience and Necessity for a Type 20 Off-Sale Beer and Wine License for Oxford Suites Located at 67 Golf Course Drive West (APN ) RECOMMENDED ACTION: Approve a Resolution denying a request to make a determination of Public Convenience and Necessity for a Type 20 Off-Sale Beer and Wine License for Oxford Suites located at 67 Golf Course Drive West (APN ). BACKGROUND: Oxford Suites will have a bar attached to its first floor restaurant that will offer for sale wine, beer, and distilled spirits to guests and invitees. Additionally, Oxford Suites is proposing to offer alcohol for sale in a small gift-shop adjacent to check-in. The applicant, OS Innco, Inc., on behalf of Oxford Suites, has applied to the Department of Alcoholic Beverage Control (ABC) for two licenses. The restaurant bar area requires a Type 70 On-Sale General Restrictive License, while the sale of alcohol in the gift-shop requires at Type 20 Off-Sale Beer and Wine License. The Type 20 license is subject to a state moratorium that became effective May 9, 2011 (Attachment 1) on the issuance of off-sale beer and wine licenses for certain cities and counties, including Sonoma County. Because of the moratorium, the California Department of Alcoholic Beverage Control (ABC) requires that the applicant seek a determination by the Rohnert Park City Council that approval of the Type 20 License by ABC would serve a public convenience and necessity (PCN). The request for both permits (on-sale and off-sale) also requires review under Section 8.34 Use Permits for Alcoholic Beverage Establishments of the Rohnert Park Municipal Code. Staff has reviewed the Municipal Code and determined that the restaurant and bar sales, which will be covered by the Type 70 license and which require a Conditional Use Permit, were proposed, evaluated, and approved with the Conditional Use Permit for the larger Oxford Suites project. While Section 8.34 requires that the Director of Public Safety (Director) also issue a permit for the on-sale alcohol sales, the findings and conditions adopted by the Planning Commission when it approved the Oxford Suites project, satisfy the Municipal Code requirements for on-sale alcohol sales and can be used by the Director to issue the administrative permit required by the Municipal Code. This staff report focuses on the findings required for the off-sale sales permit and the Type 20 license. 1

2 ITEM NO. 7C1 ANALYSIS: The gift-shop where the applicant proposes the off-sale liquor service is 130 square feet in size. It will be located in the hotel lobby and offer various sundries, souvenirs, and personal care items as well as alcohol. The purpose of the gift shop is to serve the daily needs and convenience of hotel occupants. Due to the small size of this store, it is not intended to cater to the general public. Under the Business and Professions Code, the City Council can make a determination of public convenience and necessity by addressing the criteria outlined below. 1. The type of patrons that will be catered to (families, tourists, specific ethnic groups, students, evening entertainment crowd etc.); 2. The type of environment/atmosphere offered; 3. How the establishment would differ from those in the immediate area that are currently licensed by ABC; and 4. Determination that the establishment would not have a negative impact on the surrounding community. Because the proposed gift shop will generally serve tourists (e.g. hotel guests) and will be integrated within the lobby of an upscale hotel (which is unique to the area), staff believes that the City Council can make the first three findings. However, the location is in an elevated crime reporting district (Beat 2). Based on experience with other hotels in the area, Public Safety staff has expressed concern that hotel employees do not ordinarily receive training in the sale of alcoholic beverages which results in sales to minors that is difficult to monitor and prevent. Given this experience, staff is recommending that the City Council not make a finding that the off-sale license would not have a negative impact on the community. Because the fourth criteria cannot be adequately addressed, staff is recommending that the City Council deny the determination of public convenience and necessity for the Type 20 license. Per the Municipal Code, the Director of Public Safety must consider five criteria when issuing an on-sale or off-sale permit. These are: 1. The proposed alcoholic beverage establishment is located in a zoning district in which the establishment is a permitted use; 2. The proposed establishment will not contribute to an undue concentration of alcohol establishments in the area as defined by Business and Professions Code Section (a) or is an establishment for whom the city has made a finding of public convenience or necessity; 3. The proposed off-sale establishment is eleven thousand square feet or less in size and is not located within five hundred feet of any existing schools, hospitals, parks, playgrounds or other off-sale alcoholic beverage establishments of eleven thousand square feet or less in size; 4. The proposed on-sale establishment with either ABC license type 40, 42 or 48 (bars, nightclubs), a verification that the establishment is not located within one thousand feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishment with ABC license type 40, 42 or 48; and 5. The proposed establishment is not located in a high-crime area as defined in Business and Professions Code Section (a), or where a disproportionate number of police service calls occur. As noted above, for the proposed on-sale permit, staff believes the Planning Commission s approval and conditions ensure that these considerations have been addressed. However, for the proposed off-sale permit, the City Council would need to make the determination of convenience 2

3 ITEM NO. 7C1 and necessity (not recommended) and the Director would need to consider the neighborhood context. As noted above, the location is in an area with elevated crime reporting. In addition, staff has reviewed the neighborhood context within 500 feet of the hotel (Attachment 2). Several gas station convenience stores are located within the immediate vicinity of the site. Walmart, which sells a full range of alcoholic beverages, is also located to the north of the subject site. Because it is difficult to satisfy the criteria for the finding of public convenience and necessity and the considerations required by the Municipal Code, staff is not recommending Council approval of the request for a determination of PCN for the off-sale license. STRATEGIC PLAN ALIGNMENT: This action is consistent Strategic Plan Goal D Continue to Develop a Vibrant Community. Specifically, the recommended action aligns with previously issued approvals that implement the City s Wilfred-Dowdell Specific Plan. OPTIONS CONSIDERED: 1. Recommended Option: Adopt a Resolution Denying a Finding of Public Convenience and Necessity for the Type 20 License. Staff believes such a finding cannot be justified given the location of the project, the crime reporting history in the area, and the requirements of the Municipal Code. 2. Alternative: Approve a Finding of Public Convenience and Necessity for the Type 20 License. This option is not recommended because of the crime reporting history in the area, and the proximity to other off-sale alcoholic beverage establishments. Should Council wish to make this approval, staff recommends developing additional conditions of approval for the off-sale permit that will address the Department of Public Safety s concerns regarding training of hotel staff and potential sales to minors. FISCAL IMPACT/FUNDING SOURCE: There is no direct fiscal impact associated with the recommended action. However, the operation of the Oxford Suites Hotel is expected to have a positive fiscal impact for the City because of the transient occupancy tax generated through its operation. Department Head Approval Date: August 17, 2016 Finance Director Approval Date: N/A City Attorney Approval Date: August 18, 2016 City Manager Approval Date: August 31, 2016 Attachments: 1. Attachment 1 Department of Alcoholic Beverage Control 2011 Moratorium Counties/Cities 2. Attachment 2 Location Map of Oxford Suites Area 3. A Resolution of The City Council of The City of Rohnert Park Denying a Request to Make a Determination of Public Convenience and Necessity For a Type 20 Off-Sale Beer & Wine License For Oxford Suites Located at 67 Golf Course Drive West (APN ). 3

4 Attachment 1

6 Attachment 2

7 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DENYING A REQUEST TO MAKE A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR A TYPE 20 OFF-SALE BEER & WINE LICENSE FOR OXFORD SUITES LOCATED AT 67 GOLF COURSE DRIVE WEST (APN ) WHEREAS, on April 26, 2012, the Planning Commission of the City of Rohnert Park approved a Conditional Use Permit for the Oxford Suites to allow for the operation of a hotel; and WHEREAS, Oxford Suites will include a gift shop in its lobby that provides various food, sundry, and personal care items intended to serve the daily needs of hotel occupants, and a bar on its first floor that will primarily cater to hotel patrons and their guests; and WHEREAS, Oxford Suites has requested a Type 70 license to sell on-sale alcohol at its bar and Type 20 license to sell alcohol off-sale in the gift shop from the Department of Alcoholic Beverage Control (ABC); and WHEREAS, Rohnert Park Municipal Code Section 8.34 governs the approval of on-sale and off-sale alcohol sales; and WHEREAS, the on-sale and service of beer, wine, and distilled spirits in the bar at this location will serve hotel patrons and their guests rather than the general public and given this environment, the service of alcohol can be expected to be done in a manner that does not negatively impact the surrounding area; and WHEREAS, the bar is an accessory and incidental use of the hotel and its presence was clearly indicated and approved with the hotel s Conditional Use Permit which also satisfies the requirements of Rohnert Park Municipal Code Section 8.34; and WHEREAS, off-sale alcohol sales were not clearly indicated or approved with the hotel s conditional use permit but may be permitted by ABC through a license authorized under Business and Professions Code Section if the City Council determines that public convenience or necessity would be served by the issuance; and WHEREAS, Section 8.34 of the Municipal Code also requires the determination of public convenience and necessity as one of the considerations for an off-sale permit; and WHEREAS, a finding of public convenience and necessity requires consideration of impacts to the surrounding community; and WHEREAS, Oxford Suites will be located within 500 feet of an existing off-sale alcoholic beverage establishment; and WHEREAS, Oxford Suites is located in area of the City with higher than average reported crimes; and WHEREAS, the Department of Public Safety has identified community impacts including specific public health and safety risks because of possible illegal sale to minors and 1

8 adults under the legal drinking age, and an over-concentration of establishments that sell alcohol in the immediate vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that the above referenced recitals are true and correct and material to the adoption of this Resolution. BE IT FURTHER RESOLVED that the City Council hereby finds and determines that Planning Commission s findings and Conditional Use Permit support the approval of the on-sale bar service, including a Type 70 license from the ABC and any additional permits required under the Rohnert Park Municipal Code. BE IT FURTHER RESOLVED that the City Council hereby finds and determines that a Type 20 Off-Sale Beer & Wine License to Oxford Suites at 67 Gold Course Drive West (APN ) does not serve a public convenience and necessity, and therefore the request for such a determination is denied. BE IT FURTHER RESOLVED that the City Manager, the Development Services Director and the Director of Public Safety are authorized to take all actions necessary and appropriate to effectuate these findings and determinations. DULY AND REGULARLY ADOPTED this 13 th day of September, CITY OF ROHNERT PARK ATTEST: Gina Belforte, Mayor City Clerk AHANOTU: CALLINAN: STAFFORD: MACKENZIE: BELFORTE: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ( 2 )

Barton Brierley, AICP, Director of Community Development

Agenda Item No. 8C October 28, 2014 TO: FROM: SUBJECT: Honorable Mayor and City Council Attention: Laura C. Kuhn, City Manager Barton Brierley, AICP, Director of Community Development RESOLUTION OF THE