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Home My WebLink About2008-12-23 CC Agenda Item No. 11 C LA E LLS I NO & E K , Rr DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: DECEMBER 23, 2008 SUBJECT: CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION RELATIVE TO PUBLIC CONVENIENCE AND NECESSITY FINDINGS FOR OFF - PREMISE ALCOHOL SALES FROM A PROPOSED CONVENIENCE STORE LOCATED WITHIN THE VISCAYA VILLAGE SHOPPING CENTER LOCATED AT 16665 LAKESHORE DRIVE, SUITE `A' (APN: 379 -470- 083). Background At a regularly scheduled public meeting on October 7, 2008, the Planning Commission, by a vote of 3 -1 (with one abstention) found that alcohol sales in conjunction with a convenience store at the Viscaya Village Shopping Center, 16665 Lakeshore Drive, would not serve public convenience and necessity (PCN). The State of California Business and Professions Code mandates that off - premise alcohol sales establishments that are located within a census tract that is over concentrated with similar alcohol related uses obtain a Public Convenience and Necessity (PCN) finding from the local jurisdiction. According to the State Department of Alcoholic Beverage Control (ABC), the Viscaya Village Center property is located in a census tract (No. 06065043005) which contains five (5) off- premise alcohol establishment licenses. ABC guidelines only allows for three (3) off - premise alcohol establishments within this census tract. The applicant appealed the Planning Commission's PCN determination and at the regularly scheduled City Council meeting of October 28, 2008, it was voted unanimously to continue this item. The continuance was made in order to allow the applicant time to conduct outreach with the Viscaya Homeowners Association and address their concerns regarding the proposed sale of off - premise alcohol from the yet- to -be- opened convenience store adjacent to their residential development. The applicant attended the Agenda Item No. 11 Page 1 of 26 Viscaya Village PCN Appeal December 23, 2008 Page 2 November 13, 2008 Viscaya Homeowners Association meeting, which was attended by approximately 25 people, and presented information regarding the request and the business operation. The Planning Commission staff report, original City Council staff report, draft meeting minutes, the applicant's appeal, and correspondence /maps from the Lake Elsinore Police Department (Riverside County Sheriff) are attached for reference. Correspondence received from neighbors regarding this request is also attached. Recommendation 1. Consider the appeal and either uphold the Planning Commission's decision to deny the Public Convenience and Necessity request; or 2. Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request. Prepared by: Tom Weiner Acting Director of Community Development Approved by: Robert A. Brady City Manager Attachments 1. Vicinity Map (with census tract boundaries) 2. Site Plan 3. Appeal of Planning Commission Action Form and Letter from Applicant 4. City Council Staff Report from October 28, 2008 5. Minutes (Excerpt) from October 28, 2008 City Council Meeting 6. Planning Commission Staff Report from October 7, 2008 (Including Sheriff Correspondence) 7. Draft Minutes (Excerpt) from October 7, 2008 Planning Commission Meeting 8. Correspondence from Neighbors 9. 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' .- c - r " If - • ili.:F. \ r, . 4 - 4 ,.,:A , .. , '-ti, :.;`( • ,-.. -,,.; • ..-...... , •• ..,, .1 •, 1, o'. 1 • i': '''. ft k cs . • . fe# , ',4., '.:. , ,„ • 4 4 ,;. ..',, fe, i .ovc.44.15 . e.;4,z . ' - ..,zo''.3'4,-• . if,..11.e ",`--- - - ......-. 't !lei 11 . . - • ,‘ .. . , Agenda Item No. 11 • Page 4 of 26 Attachment 3 For Official RC en ED CITY OF LAIKL oLSINOIU Date Received: CT 1 2008 DREAM EXTREME Received 4 1 _ =� „ Cl •LERKS OFFICE Date Fee Paid: City Clerk's Office 130 S. Main Street, Lake Elsinore, CA (951) 674 -3124, Ext. 269 APPEAL OF PLANNING COMMISSION ACTION FORM ► Policv 100 - 8: The purpose of this Policy is to provide a standardized procedure for consideration of appeals from Planning Commission decisions. Within 15 calendar days of a Planning Commission decision, any person may appeal a decision to the City Council by filing this form and submitting a $200 fee. A copy of this policy is attached with further important information. Applicant Information Name: Tom O'Meara Date: October, 9 2008 Mailing Address: 18800 Von Karman Avenue, Suite 100 City: Irvine State: CA Zip Code: 92612 Phone No.: Fax No.: E -Mail: Subject of Appeal Information Subject of Appeal: A Request for Public Convenience & Necessity Findings for Off- premise Alcohol Sales from a Proposed Convenience Store Project No.(s): Project Applicant: Tom O'Meara Project Location: 16665 Lakeshore Drive (At the corner of Viscaya Street & Lakeshore Drive) Date of Planning Commission Action: October 7, 2008 I, the undersigned, hereby appeal the above action of approval /denial by the Lake Elsinore Planning Commission, for the following reasons: (Please cite specific action being appealed.) Attach additional pages as needed. See attached memo / AppystidOtR4196 I g Si. nature: J C g'" �' COm1Rii9g1619f 26 TIMBERLINE COMMERCIAL REAL ESTATE Memorandum To: City of Lake Elsinore From: Timberline Commercial Date: October 9, 2008 Subject: Planning commission Appeal On, October 7, 2008 the Planning Commission denied our request for public convenience and necessity findings for off - premise alcohol sales from a proposed Convenience store located within the Viscaya Shopping Center located at 16665 Lakeshore Drive, Suite A, Lake Elsinore. The grounds given by the Commission for the denial was the overconcentration of existing licenses within the census tract. Per ABC guidelines it is recommended that there be three (3) licenses within census tract 0430.05. There currently exists 5 licenses. The Viscaya Shopping Center exists within census tract 0430.05. There are two adjacent census tracts, 0430.01 and 0430.06, both within the City of Lake Elsinore. Census tract 0430.01 currently has eight (8) existing licenses where it is recommended to have three (3). Census tract 0430.06 currently has eighteen (18) existing licenses and is recommended to have three (3). The Viscaya Village Shopping Center census tract encompasses a large part of the `four corners' retail corridor. The `four corners' area is a major commercial district of Lake Elsinore which contains the majority of the retail products and services which service the population on the north side of Lake Elsinore. Considering that our census tract encompasses such a strong commercial center within the City and that we are only 66% (3 recommended; 5 exist) over the allowed number of licenses versus 166% (3 recommended; 8 exist) and 500% (3 recommended; 18 exist) respectively for the adjacent census tracts, we feel that there is not an undue concentration. Additionally, the new Rite Aid at the corner of Lakeshore Drive and Machado Street, which opened in 2008, falls within our census tract but yet was granted a PCN letter from the Planning Commission despite any of the very same concerns over license saturation. We do not feel that it is in the City's best interest to discriminate between a large national retailer and a hard working local small business owner. The prospective convenience store tenant for Viscaya, Norma Aziz, has multiple existing stores, is experienced and has never had an issue with their local police or the ABC. For the 18800 Von Karmen Ave., Suite 100, Irvine, CA 92612 Agenda Item No. 11 Page 6 of 26 October 9, 2008 City to issue Rite Aid a PCN letter in an oversaturated census tract and then to deny Norma Aziz a PCN finding on the grounds that the tract is oversaturated sets an unfortunate precedent. The proposed retail operation is to be 1,920 square foot convenience store carrying many of your daily need grocery items. The store will also include a counter for freshly made deli sandwiches, a coffee and fountain drink station as well as speciality items such as salads, fruits, and prepackaged meals. These types of items all have a proven tract record of success in a "convenient" location. Alcohol sales within the store will not be more than 15% (This is under 300 square feet). The Landlord and the Tenant will work together to assure that there is adequate security. This will include but not be limited to, top of the line video surveillance sustems, reinforced security doors when the store is not open and limited coverings on the windows to allow for line of sight into the store. The tenant suite has glass storefronts with windows on two sides to allow any law enforcement officials to see most areas on the interior when driving by the location. Agenda Item No. X11 Page 7 of 26 CITY of Attachment 4 LAKE LsJNo E DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 28, 2008 • SUBJECT: CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DECISION RELATIVE TO PUBLIC CONVENIENCE AND NECESSITY FINDINGS FOR OFF - PREMISE ALCOHOL SALES FROM A PROPOSED CONVENIENCE STORE LOCATED WITHIN THE VISCAYA VILLAGE SHOPPING CENTER LOCATED AT 16665 LAKESHORE DRIVE, SUITE 'A' (APN: 379 -470- 083). Background -At-a regularly scheduled public meeting on October 7, 2008, the Planning Commission, by a vote of 3 -1 (with one abstention) found that alcohol sales in conjunction with a convenience store at the Viscaya Village Shopping Center, 16665 Lakeshore Drive, would not serve public convenience and necessity (PCN). The State of California Business and Professions Code mandates that off - premise alcohol sales establishments that are located within a census tract that is over concentrated with similar alcohol related uses obtain a Public Convenience and Necessity (PCN) finding from the local jurisdiction. According to the State Department of Alcoholic Beverage Control (ABC), the Viscaya Village Center property is located in a census tract (No. 06065043005) which contains five (5) off - premise alcohol establishment licenses. ABC guidelines only allows for three (3) off - premise alcohol establishments within this census tract. Discussion The Planning Commission heard the staff report and ,took testimony from three (3) Individuals including; the business owner, the property owner, and a member of the adjacent residential property's homeowner association (Viscaya HOA). The applicant Agenda Item No. 11 Page8of26 Viscaya Village PCN Appeal October 28, 2008 • Page 2 and property owner spoke in favor of the request. The Viscaya HOA member spoke against the request. The business owner (Norma Aziz) stated that she has been in the business for seven years and has never had any problems with law enforcement or ABC. The property owner (Tom O'Meara, Timberline) indicated that the current economy has been difficult and that the convenience store business owner has a good history with ABC. The Viscaya HOA member (Marylou Veytia) indicated that there were too many businesses in the area that currently sell alcohol. She also related that there was no problem with a convenience store at the location, however that alcohol sales were a concern. At the conclusion of the testimony, the Planning Commission denied the PCN request by a vote of 3 -1 (Zanelli, Gonzales, and Mendoza voting no; O'Neal voting yes, and Flores abstaining). The Planning Commission staff report, draft meeting minutes, and correspondence from the Lake Elsinore Police Department (Riverside County Sheriff) are attached for reference. Recommendation 1. Consider the appeal and either uphold the Planning Commission's decision to deny the Public Convenience and Necessity request; or 2. Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request. Prepared by: Tom Weiner. Acting Director of Community Development Approved by: Robert A. Brad City Manager Attachments 1. Vicinity Map (with census tract boundaries) 2. Site Plan 3. Planning Commission Staff Report from October 7, 2008 (Including Sheriff Correspondence) 4. Draft Minutes (Excerpt) from October 7, 2008 Planning Commission Meeting Age da11 No. 11 Page 9 of 26 Attachment 5 APPEAL(S) (13) Consideration of an Appeal of the Planning Commission's decision Relative to Public Convenience and Necessity Findings for Off- Premise Alcohol Sales from a Proposed Convenience Store Located within the Viscaya Village Shopping Center Located at 16665 Lakeshore Drive, Suite 'A' (APN: 379- 470 -083) Recommendations: 1. Consider the appeal and either uphold the Planning Commission's decision to deny the Public Convenience and Necessity request; or 2. Overturn the Planning Commission's decision and approve the Public Convenience and Necessity request. Attorney Leibold advised there was a request to continue this item. Cynthia Reynoso addressed Council in opposition to the location of a liquor /convenience store immediately adjacent to the Viscaya community. She indicated there are already six establishments, three bars and two restaurants who already sell alcohol. She did not feel that another liquor establishment was necessary. Mary Lou Veytia, Vice President of the Viscaya Home Owners Association expressed the HOA's opposition to the establishment of another liquor store in their area. She indicated they have several pictures depicting the sidewalks littered with empty liquor bottles and have had issues with people being passed out on the sidewalks as well as having several calls made to the Police Department for drunk and lewd behavior. They felt they are overly saturated with liquor stores. Councilman Magee stated that he met with the applicant because of the problems being experienced by the residents of the Viscaya community. He confirmed with the owner that the establishment had not met with the Home Owners Association to resolve the issues and suggested they continue the appeal until they have met with the homeowners to resolve the concerns and issues addressed by the Homeowners Association. Councilman Magee moved to continue this item off calendar and direct the applicant to meet with the Property Owner Association and bring this item back with the results; second by Mayor Pro Tem Kelley. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER Agenda Item No. 11 10 Page 10 of 26 NOES: NONE ABSENT: NONE ABSTAIN: NONE • USINESS ITEM(S) (14 Second Reading — Adoption of Ordinance No. 1256, Adding Chapter 5.80 to the ake Elsinore Municipal Code Regarding Tree Preservation R- ommendation: Waive further reading and adopt Ordinance No. 1256, adding cha• -r 5.80 to the Lake Elsinore Municipal Code regarding Tree Preservation. It was moved Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to adopt Ordinance o. 1256 adding Chapter 5.80 to the Lake Elsinore Municipal Code. The following roll cal ote resulted: AYES: COUNCIL 4N BUCKLEY COUNCILMA MAGEE COUNCILMA •CHIFFNER MAYOR PRO T KELLEY MAYOR HICKMA NOES: NONE ABSENT: NONE ABSTAIN: NONE (15) Second Reading — Adoption of Ordinan No. 1257, Adding Chapter 8.13 to the Lake Elsinore Municipal Code Regarding ' , :ulation of Solicitation Recommendation: Waive further Reading . d adopt Ordinance No. 1257, adding Chapter 8.13 to the Lake Elsinore Muni. •al Code regarding Regulation of Solicitation. It was moved by Mayor Pro Tem Kelley; second by Coun• an Schiffner to adopt Ordinance No. 1257 adding Chapter 8.13 to the Lake Elsinore ► • icipal Code. The following roll call vote resulted: AYES: COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER Agenda Ite No. 11 11 Page 11 of 26 Attachment 6 LADE 6LSINOR E DREAM EXT RE ME. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 7, 2008 PROJECT TITLE: A REQUEST FOR PUBLIC CONVENIENCE AND NECESSITY FINDINGS FOR OFF - PREMISE ALCOHOL SALES FROM A PROPOSED CONVENIENCE STORE LOCATED WITHIN THE VISCAYA VILLAGE SHOPPING CENTER LOCATED AT 16665 LAKESHORE DRIVE, SUITE `A' (APN: 379- 470 -083). OWNER/APPLICANT: TOM O'MEARA, TIMBERLINE COMMERCIAL REAL ESTATE. 18800 VON KARMAN AVENUE, SUITE 180 IRVINE, CA 92612 Background and Discussion In March of 2006, the Planning Commission and City Council approved of entitlements for the Viscaya Village Shopping Center located at 16665 Lakeshore Drive. The establishment of several tenant spaces within the commercial center was included as part of the approval. The State of California Business and Professions Code mandates that off - premise alcohol sales establishments that are located within a census tract that is over concentrated with similar alcohol related uses obtain a Public Convenience and Necessity (PCN) finding from the local jurisdiction. According to ABC, the Viscaya Village Center store is located in a census tract (No. 06065043005) which contains five (5) off - premise alcohol establishment licenses. State Department of Alcoholic Beverage Control guidelines only allows for three (3) off - premise alcohol establishments within this census tract. Agenda Ilea} No. 11 PLANNING COMMISSION STAFF REPORT OCTOBER 7, 2008 PCN VISACAYA VILLAGE Typically, the PCN findings are reflected within an approved resolution for a project approval. However, since this type of alcohol related use (convenience store) was not anticipated at the time the commercial center was approved, a resolution containing a finding of Public Convenience and Necessity was never generated. In turn, in order for the proposed convenience store to sell off - premise alcohol, a letter indicating that the local jurisdiction has no objections based on the finding of public convenience and necessity is warranted. The proposed convenience store will be independently owned and operate 8 a.m. to midnight 7 days a week. Alcohol sales /display will take up no more than 15% of the floor area. The shopping center site is located adjacent to residential dwellings to the west, Lakeshore Drive to the east, a restaurant to the south, and vacant land to the north. Notice of this request was mailed to property owners within a 300 -foot radius of the property. The Riverside County Sheriff Department expressed some concerns regarding this request. Including the proximity to a residential area, lack of visibility from Lakeshore Drive, the existence of other off - premise establishments, and the potential for the area between the store and the residential area becoming a location where loitering could occur. Some alternatives presented included locating the convenience store in a unit easily visible from Lakeshore, quality surveillance equipment, and restrictions on window signage. Correspondence from the Lake Elsinore Chief of Police (Sheriff) is included as Attachment 2. Recommendation 1. Find that alcohol sales in conjunction with the proposed convenience store will serve public convenience and necessity and direct the Acting Director of Community Development to forward a letter to ABC indicating as such; or 2. Deny the request and find that alcohol sales in conjunction with the proposed convenience store will not serve public convenience and necessity. Prepared by: Tom Weiner . Acting Director of Community Development Attachments 1. Location Map 2. Correspondence from Riverside County Sheriff 3. PCN Request from Applicant dated September 18, 2008 Agenda Item No. 11 - 3 .of 26.- VICINITY MAP 16665 LAKESHORE DRIVE i# p ♦ MITHAV � `' + F4I c ■∎% /4 � ' � ♦ . I s-9 � / 4 ♦ &,■`, � � � �� Asti ♦�� y •■�� R � 1� p � =� N .. N 9c "A -�� " do l6Y/ •-� � / ♦ R o .:0 Alt � �� I 50 0 A p e ...._," ,..., �4 4 ��° � �� PROJECT SIT Z ♦ � ♦ �� ♦cq ■ • } � ♦ ' - nsus l ' r p ♦�� ∎ psi. � � 160.514 0a * s ♦ , e s ■ • ■ s . , i , p 4 ‘ • % . 4 4 4 ck ■.. c o S 'c' * ro 4' % e A- ,): . i i - 4 . + -0,. 4, ## 47 4 , z ., ir w 1 NE\ , k, 4, 1 � `S e- / zis ♦ ♦ ♦4 ♦�� %'S. c f. ' S ( i e ■ e Q1* A' , � � ' �1t y Census�Tra - t. ♦♦ , � t 0 0650430 1 V6 e Agenda Item No. 11 • Page 14 of 26 • Tom Weiner From: Joseph Cleary [JCLE:ARY @riversidesheriff.org] Sent: Wednesday, September 24, 2008 11:20 AM To: Tom Weiner Subject: PC &N Request - Viscaya Village Shopping Center - ABC License Tom, The police department still opposes a recommendation to allow a off - premise alcohol license at the proposed location in the Viscaya Village Shopping Center. Primarily due to the proximity to a residential area, lack of visibility from Lakeshore Drive, the area between the store and the residential area could become a secluded loitering spot, and there are already more than enough commercial establishments in the immediate area to accommodate the needs of the local residents and other customers. Should the planning commission choose to approve the licensing, some mitigation of our concerns could be addressed by the following; 1. The convenience store occupy a pad in the other building (A, B, or C) that is easily visible from Lakeshore Drive. 2. The convenience store install quality surveillance video equipment covering both the interior of the store and the exterior parking areas. 3. There be a restriction in the amount of widow area blocked by product, shelving, or advertizement in order to maximize our ability to see into the store. Joe Cleary Captain, Lake Elsinore Police Department • • • Agenda Item No. 11 1 Page 15 of 26 TIMBERLINE COMMERCIAL REAL ESTATE September 18, 2008 Mr. Tom Weiner Planning Manager City of Lake Elsinore Community Development Department 130 S. Main Street Lake Elsinore, CA 92530 Re: Public Convenience & Necessity (PC &N) Request Viscaya Village Shopping Center Nermine Aziz & Sabhi Elias 16665 Lakeshore Drive, Suite A Lake Elsinore, CA Mr. Tom Weiner, I am writing this letter on behalf of Nermine Aziz and Sabhi Elias in regards to their proposed new convenience store location at the address listed above. Nermine Aziz and Sabhi Elias are requesting a Public Convenience & Necessity (PC &N) letter for the new location. The proposed store is to be a convenience store carrying many of your daily need grocery items. The store will also include a counter for freshly made deli sandwiches, a coffee and fountain drink station and specialty items such as salads, fruits and other prepackaged meal items. Alcohol sales will not be more than 15% of the floor area. Please do not hesitate to contact me if you have any questions regarding this issue. Regards, C9ge4.-- Tom O'Meara Vic: Nermine - -Aziz & Sabhi Elias Dan Leigh, Corman Leigh Communities 18800 Von Kaman Ave., Suite 180 • Irvine. California 92612 ph. 949.471.2088 • fx. 949.474.7719 Agenda Item No. 11 Page 16 of 26 Attachment 7 AYES: CHAIRMAN ZANELLI VICE- CHAIRMAN FLORES COMMISSIONER GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL NOES: NONE ABSENT: ONE ABSTAIN: NO 7, A Request for Public Convenience and Necessity Findings for Off - Premise Alcohol Sales from a Proposed Convenience Store Located Within the Viscaya Village Shopping Center Located at 16665 Lakeshore Drive, Suite "A ". Vice- Chairman Flores requested to be recused from the discussion of the project due to the proximity of his personal business to the project location. Acting Community Development Director Weiner provided the reading of the staff report to the Commission. He noted that City Council recently delegated the responsibility of public convenience and necessity findings to the Planning Commission. He stated the Department of Alcohol and Beverage Control requires that the Findings be made from the local jurisdiction when an area is over concentrated with similar types of alcohol licenses. He stated that the census tract where the Viscaya Village Shopping Center is located contains five off premise locations according to the ABC records. He stated ABC guidelines indicated that based on the census tract and population, only three would be appropriate. He stated that the applicant is present and staff is available to answer any questions that the Commission may have. Norma Aziz, applicant, stated that she is looking forward to doing business in the City. She stated that she has been in this type of business for seven years and never had problems with local police or ABC. Tom O'Meara, landlord, noted that the applicant has a good history with ABC and would like to have this business brought to the City. Marylou Veytia, resident and Vice President of the HOA of Viscaya spoke in opposition of the project. She indicated there are too many businesses that sell alcohol in the area. She stated she doesn't have a problem with the convenience store, only the sale of the alcohol. Commissioner O'Neal stated that he does not have a problem with the convenience store and the sale of alcohol at that location. Commissioner Gonzales inquired about the location of the store and asked if there was a restaurant that once stood at that location. Agenda Item No. 11 Page 17 of 26 Tom O'Meara stated the proposed location is on the corner and is about 2,000 square feet. He stated that the Panda Palace is also at that location. Commissioner O'Neal asked the hours of the business. Tom O'Meara stated the hours would be from 8:00 a.m. to midnight. Commissioner Mendoza requested clarification of what the Sheriffs Department recommended. Acting Community Development Director Weiner stated that the Sheriff's Department did have some concerns with the visibility into the store. He stated it was also noted that the store would need adequate surveillance. Chairman Zanelli commented on the number of establishments. He stated that it would be difficult for him to support. It was motioned by Commissioner Mendoza, seconded by Commissioner Gonzales to deny the request and find that alcohol sales in conjunction with the proposed convenience store will not serve public convenience and necessity. The following vote resulted: AYES: CHAIRMAN ZANELLI COMMISSIONER GONZALES COMMISSIONER MENDOZA NOES: COMMISSIONER O'NEAL ABSENT: NONE ABSTAIN: VICE - CHAIRMAN FLORES Vice- Chairman Flores returned to the meeting at 8:39 p.m. AF • uu . ►. Tra Engineer Basubas commented on the following: • He se e of the Rosetta Canyon Fire Station and Park starting construction in two weeks. • He spoke the paving of Grand Avenue which would commence on October 20 • He spoke o e road improvements at 1 -15 and Central which would commence in two weeks. • He spoke of the , aving along Dexter Avenue and how staff continues to work with the County on thei air share of the fees. Agenda Item No. 11 Page 18 of 26 Attachment 8 Original Message From: Marian fmailto. Sent: Thu 12/11/2008 4:54 PM To: City Council Cc: Subject: Viscaya Shopping Center -- convenience store City Council: My name is Marian Illescas. I am a resident and business owner in Lake Elsinore. In October I opened my second Income Tax Preparation location within Lake Elsinore at the Viscaya Shopping Center. My other location is the South side of Lake Elsinore, located at 31813 Mission Trail. My experience at that location for the past 10 years has been very positive, for my business and for the businesses within that business center. Recently, I have been told that a new convenience store is proposed to be opening within the Viscaya Shopping Center. This is very exciting news as we need all the new business we can get within the center and also new business within our City. An empty and vacant shopping center is not good for local businesses or the community. A fully occupied center creates a synergy within a community that promotes new business, customers and commerce. This is the type of business activity we need especially in the rough economic times we are experiencing. I think the convenience store will be a positive addition to the Shopping Center and the local community. Please help me and other small business owners and residents by supporting the convenience store use and allowing it to open for business. Thank you, Marian Illescas Lake Elsinore, CA 92530 Agenda Item No. 11 Page 19 of 26 • BOSTONS POOL & S SERVJCE Lake Elsinore CA 42530 December 10, 200g Dear City Council: I an a resident of the V iscaya Community and attended the BOA me e*fug on October 13th at which Timberline Commercial }resented a proposed convenience store for the Viaeaaye Shopping Center. At the meeting alto Landlord and die proposed Tenant, Norma Ariz, aavo a presentation on the format of the proposed convenience store. The presentation was very hclpti il. I do not have any issues with the stone end .1 believe that it w1U be u corwenieat use for our neighborhood. We had been lot to Wave Attalla proprrsed operation would be a la11 line liquor this is not the, case. It bas boon explained Burt the proposed swell to be a specialty convenience store carrying goner" items such en milk, acne, carom. esto. The tot NOM will include it sandwich counter for (resit anode deli sandwiches, a coffee station with muffins and pastries, a fountain drink station, pre - packaged meals, salads, fresh fruits and vegetables. The tenant has agreed that the store will keep any liquor sales to 151/4 or less. Also, the tenant was able to address our concern regarding hours of operation. The Tenant has agreed to operate within the (allowing hone: &Condety thin Thursday tS :00 am- 10 :00 pm and Prickly tru Saturday 6 :00 am thou 11:00 pm. Tilts mans very reasonable to mc. After hearing the presentation and having the tenant address many of the c ormminities questions and onmc ems, I am in favor ofthe proposed store. This typo *Nom will bo n benefit and convenience to the Vaascaya Community, ShieereEy, f .d - s-- Neil Boston Lake Minoru, CA 92,330 1 Agenda Item No. 11 Page 20 of 26 Original Message-- - - From: Mary Lou Veytia Sent: Fri 12/5/2008 1:10 PM To: City Council Cc: Tom O'Meara; Lisa Burlingame; Jeff Griffin; John Boggs; Carl Randall; Subject: Viscaya Convenient/Liquor Store I am writing this letter as a homeowner of the Viscaya Community, and this reflects my personal opinion as to the above mentioned store. I agree to the opening of this store with a bit of trepidations, and would like to make sure that this is noted. Personally I think the liquor license should be given on a temporary basis (maybe for 6 mos). Once we see the impact this has on the community then the license can be extended if there is no negative impact. Also I think if this is truly a convenience store it should have hours that will be helpful for those going to work early & the hours of operation should be as follows: Sunday through Thursday 6am to lOpm and Friday & Sat 6am to l 1pm MaryLou Veytia Lake Elsinore, CA 92530 IMINIMMINi Agenda Item No. 11 Page 21 of 26 Original Message From: Donny Farmer Sent: Tue 11/11/2008 f :40 PM To: Robert Magee Cc: Subject: Liquor license petition at 16665 Lakeshore Dr. #A, by a concerned citizen Dear Mr. Robert "Bob" Magee, I am writing you on behalf of: Liquor license application "21 Off Sale General" Aziz Nermine Saber & Hanna Sobhi Elias 16665 Lakeshore Dr. #A, Lake Elsinore , CA , 92530 Riverside ABC District 8 (951) 782 -4400 3737 Main St . #900 , Riverside , CA , 92501 I am a concerned resident of the Viscaya Community. I recently became aware of an application for a 21 Off sale General liquor license at 16665 Lakeshore Dr. #A, Lake Elsinore , CA , 92530 . I canvassed the within area to get an idea of what types of businesses already exist and here were '8ome of my results: 'gat Businesses that either sell or serve alcohol: Chevron AMPM Bikini Beach Club - 31502 Riverside Papa G's Pizza, Pasta, and More Restaurant Hunny's Cafe Pizza Bowl (2) Circle K Arrivederci Roma Restaurant Mariscos Nayarit Restaurant Brookstone Liquor Las Brisas Mexican Food Restaurant Liquor Store Fat Cat Tavern Albertson's Stater Brother's Rite Aid Circle K Mi Restaurant Vallarta La Mexicana Taqueria, Carniceria, Pescaderia In addition to businesses with liquor licenses are the following businesses with the potential to attract crime: Agenda Item No. 11 Page 22 of 26 Payday Loans /Check Cashing businesses there are 3 located at the Riverside /Lakeshore intersection. There is a Pawn Shop, Tattoo Shop and a Smoke Shop. There is a high school and an elementary school within walking distance of the community. Students /Children of all ages residing inside the Viscaya Community walk on the sidewalk adjacent to the business on a daily basis. The Viscaya Community Pool which facilitates families and children every day is in close proximity to the business. Questions I have: Specifically what type of business would this be? Liquor Store I assume. Have either of the names on the application (Aziz Nermine Saber & Hanna Sobhi Elias) previously been granted a liquor license elsewhere, and if so have they ever been convicted of any crimes? What measures would be in place to prevent minor's from purchasing alcohol? With transients already living in the area, would there be any action plans implemented to have them reside elsewhere? I fear they would be even more likely to hang around. The Viscaya Community is a beautiful gated community of newly built single family homes. Most of the homeowner's, like me, purchased their home in tough economic times with less than ideal interest rates. Most of us had a common vision of a living in a peaceful environment free of crime and poverty. This community's homeowner's want to be in it for the long hall. We want to better our community and improve property values. I have seen much improvement thus far, however another liquor license to the area will undoubtedly slow or stop any progress. Since I have lived here it has been quite apparent that we live in the heart of a high crime area. I am aware of 3 homicides in Lake Elsinore so far this year, I have seen possible narcotics sales inside the Viscaya Community, extensive graffiti in the nearby area and I often see transients in the nearby shopping center's begging for money. There is an extensive amount of graffiti that seems to grow daily. I have personally been the victim of a graffiti related crime. I exited my home one morning to find blue tagging on my driveway saying "OBK/" reference RSD report #L08176065 taken by Deputy Blinn #4390. Approximately one week later, I located (2) male juveniles tagging a fence and a stop sign at the rear exit of our community, I detained them until I released them to a Riverside Deputy. I have seen this same spirit in my fellow homeowners at our local HOA meetings. We share the common goal of improving our neighborhood and surrounding area so that our families can feel safe and secure. I fear by granting a new liquor license, it will raise the number of alcohol related crimes such as drunk driving, public intoxication, and minors in possession of alcohol. Granting a new license would inevitably increase the amount of calls for law enforcement service. I know the Lake Elsinore (Division) of the Riverside Sheriffs Department has recently taken on additional assignments and responsibilities. The last thing the Riverside Sheriffs Department needs is to have an increased number of calls for service to the area for alcohol related crimes, crimes that should have been prevented by not granting this alcohol license. Before granting this liquor license and any other's in the Lake Elsinore jurisdiction, I would hope the City Council would verify that the Riverside Sheriffs Department can handle an increased amount of crimes in the area. I have Agenda Item No. 11 Page 23 of 26 grown aware of the current suspension of the liquor license at the Bikini Beach Strip Club at 31502 Riverside , Lake Elsinore , CA , 92530. The Riverside ABC district 8 does not need an additional problematic liquor license to deal with. I do not have any objection to the liquor licenses granted at the bonafide eating places , nor do I believe there is a positive correlation between this type of liquor license and alcohol related crimes. I do however question that the public needs additional "21 Off Sale General" liquor licenses in the area with the abundance of these liquor licenses already in existence. Please do not grant this new liquor license for the all of the reasons I have provided herein. Myself and all of my neighbors request your assistance in this matter. We all share the same goal of improving our neighborhood. As it sits now, the Viscaya Community is a diamond in the rough and the newly built structures built around our community can either be filled with businesses that either improve the area, or that have a negative impact on the area. Respectfully submitted, Donny Farmer t Lake Elsinore , CA , 92530 Agenda Item No. 11 Page 24 of 26 From: MaryLou Veytia InfaarafAMINIMIRas Sent: Fri 11/7/2008 6:17 PM To: City Council Cc: Subject: Viscaya Community proposed Liquor /convenience Store To all council members, I respectfully ask you consider denying a permit for the above Liquor /Convenience Store to be opened right outside the front gates of a residential community. Most of the homeowners feel it will dramatically affect the area negatively. There are already plenty of this type of stores within walking distance of this community. With so many different family oriented businesses out there why would we need another convenience store? Why not something we could all use, like a coffee shop, sandwich shop We as a community are not opposed to business but why not something that fits with a family atmosphere, most of the residents here are young families, and would like to see family oriented business like the ones in place already. Sincerely MaryLou Veytia amormir • Agenda Item No. 11 Page 25 of 26 C � m a`�i o a Attachment 9 0 o al v a — o CU CD �" O c c 0) c O f �o 43 co L a . c E ;CU c c H W t W "eta 0) co co w o H � a) � 4 3 ' C •c ro d �W W W C W N •\ co C c c � � �� com Ci C V cp � V c ... X S N 2 y 3 .J J a� ro � � 4°� w. m m N N w N, C Ho:I IJ I II jI ; h 0 fl m O v m m a) o 0 c w0 ECGc c w m� O .) m any a o 4 C� m m c a' m � m ycn N C 43-.) c � a o�oao�o =ono 0 0� o' n O O U O y 0 L. a. IA .a C.-1 � � $ r Y J d M t n �� g u & 1 � � � 21 ijij 1 3 '3 � fl M O t co J `S YI 4Ztil ' CO— ' ' It '- 1' 'i " 4 , 8 " r 4 fr -4. S� c g Y S A 't C a m .- t co CN I " , � s � *0„1, LL d � c ° In d =M 6. 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