The URL can be used to link to this page

Home My WebLink AboutItem No. 3CITY OF LADE C2 LSIRORE DREAM EXTREME- REPORT TO THE PLANNING COMMISSION TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP PLANNING MANAGER DATE: JANUARY 3, 2012 SUBJECT: PUBLIC CONVENIENCE AND NECESSITY (PCN) NOTIFICATION TO STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL BOARD FOR A STATER BROS MARKET AT 32281 MISSION TRAIL APPLICANT/ SCOTT D. LIMBACHER, STATER BROS. MARKETS OWNER: 301 TIPPECANOE AVENUE, SAN BERNARDINO, CA 92408 Background and Discussion The State of California Business and Professions Code mandates that off - premise (consumption) 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. Stater Bros is proposing to locate in a census tract which contains nine off - premise alcohol establishment licenses. State Department of Alcoholic Beverage Control guidelines only allows for three off - premise alcohol establishments within this census tract. Staff feels that the addition of this license within this census tract is not a concern due to the fact that Stater Bros is a market that only devotes 4.4% floor area to alcohol sales. In addition, the Riverside County Sheriff's Department has been notified of this application and does not object to the issuance of this license. Typically, the PCN findings are reflected within an approved resolution. However, since this type of alcohol related use (market) does not require a Conditional Use Permit or other type of entitlement, a resolution containing a finding of Public Convenience and Necessity was never generated. In turn, in order for Stater Bros to sell general alcohol, a letter indicating that the local jurisdiction has no objections based on the finding of public convenience and necessity is warranted. PC January 3, 2012 Item No. 3 Page 1 of 9 Planning Commission Staff Report PCN for Stater Bros. at 32281 Mission Trail January 3, 2012 Upon concurrence of the Planning Commission and signature of the Chairperson, the PCN letter (attached) will be forwarded to ABC for processing. Recommendation Approve and sign letter of Public Convenience and Necessity. PREPARED BY: Kirt A. Coury,4 eL Project Planner REVIEWED/ Warren Morelion, AICP APPROVED BY: Planning Manager Attachments 1. Vicinity Map 2. PCN letter addressed to ABC 3. Letter from Stater Bros Requesting PCN notification to ABC 4. E -mail from Lake Elsinore Police Department dated December 12, 2011 5. Stater Bros. Operational Statement with policies and floor plan PC January 3, 2012 Item No. 3 Page 2 of 9 VICINITY MAP STATER BROTHER'S PC & N PLANNING COMMISSION PC January 3, 2012 Item No. 3 Page 3 of 9 CITY OF LADE LSIA0R E M� DREA REME January 3, 2012 California Department of Alcoholic Beverage Control Attn: Licensing Department 3737 Main Street Suite 900 Riverside, CA 92501 SUBJECT: Public Convenience and Necessity Letter for Stater Bros, 32281 Mission Trail, Lake Elsinore CA Dear ABC Official: This letter is in reference to a Type 21 off - premise alcohol license being proposed for Stater Bros at the location listed above. Pursuant to Section 23958.4 of the Business and Professions Code, prior to the issuance of an alcoholic beverage license, the City is required to make a determination as to whether the establishment is seeking the license serves the public convenience and necessity (PCN). The Riverside County Sheriff Department has been notified of this application and does not object to the issuance of this license. Therefore, the City is recommending approval of the off - premise license for alcoholic beverages based on the finding of public convenience and necessity. If you need further information about this action or related issues, please contact Kirt Coury, Planning Consultant at (951) 674 -3124. Sincerely, Shelly Jordan Chairperson, City of Lake Elsinore Planning Commission Warren Morelion, AICP Planning Manager 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 W W W. LAKE -E LS I NORE. O RG PC January 3, 2012 Item No. 3 Page 4 of 9 HEMMED November 4, 2011 NOV 14 2011 CITY OF LAKE ELSINORE Warren Morelion Planning Manager Lake Elsinore City Hall 130 S. Main Street Lake Elsinore, CA 92530 Re: Stater Bros. Market #189 Lake Elsinore 32281 Mission Trail, Lake Elsinore, CA 92530 Dear Mr. Morelion: Stater Bros. Markets requests the City of Lake Elsinore issue a Letter of Public Convenience or Necessity as required by the California Department of Alcoholic Beverage Control. Stater Bros. Markets is seeking issuance of a Type 21 license for the sale of beer, wine, and distilled spirits to remain consistent in the range of products customarily provided to supermarket customers. The Remodel of this building will remain in compliance with the existing Department of Building and Safety Requirements and the California Department of Alcoholic Beverage Control requirements. We plan to open the store to our valued customers on February 22, 2012. Should you have any questions, you can contact my office at 909 - 733 -5277 or email me at scott.limbacher@staterbros.com. Sincerely, STATER�BROS. DEVELOPMENT, INC. Scott D. Limbacher Vice President Construction/Maintenance SDL /dla cc: Bob Brady, City Manager Mike McCasland Kathy Saenz PC January 3, 2012 Item No. 3 Page 5 of 9 Warren Morelion From: Raymond Nava [RANAVA @riversidesheriff.org] Sent: Tuesday, December 13, 2011 3:54 PM To: Warren Morelion Subject: Re: Stater Bros. PC or N The Police Department has on conditions regarding approval and no objections to the approval. Sgt. Ray Nava Lake Elsinore Police Department Riverside County Sheriff's Department 333 W. Limited Ave Lake Elsinore CA, 92530 (951) 245 -3300 >>> Warren Morelion <wmorelion @Lake - Elsinore.org> 12/13/2011 8:20 AM >>> Good Morning Sgt Nava, I few weeks ago I gave Lt Anne an application for a PC or N for an ABC license for Stater Bros at 32281 Mission Trail. I would assume he gave it to you to review. Do you have any questions or concerns regarding the application? Warren Morelion, AICP Planning Manager City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 (951) 674 -3124, ext 270 1 PC January 3, 2012 Item No. 3 Page 6 of 9 OPERATION STATEMENT Stater Bros. Markets #189 32281 Mission Trail Lake Elsinore, CA 92530 Business Owner Stater Bros. Markets Address 301 S. Tippecanoe Avenue, San Bernardino, CA 92408 Phone Number (909) 733 -5000 Fax Number (909) 733 -4288 Property Owner Stater Bros. Markets (Also the Property Managers) Address 301 S. Tippecanoe Avenue, San Bernardino, CA 92408 Phone Number (909) 733 -5000 Fax Number (909) 733 -5000 Description of Business Hours of Operation 6 a.m. - 11 p.m. 7 days a week Nature of Business Retail Supermarket # of Employees Estimated % of Floor Area Devoted to Alcohol Sales 4.4% Corporate Policies regarding underage sales and security of alcohol (SEE ATTACHED POLICIES) Type of State ABC License that the Applicant will be applying for Type 21 PC January 3, 2012 Item No. 3 Page 7 of 9 CORPORATE POLICIES REGARDING UNDERAGE SALES OF ALCOHOL 0 ^ , , It Is The Responsibility Of Each And Every Clerk To Know And Follow The State Law And Company Rules Pertaining To The Sale Of Alcoholic Beverages. California law, Business and Professions Code 25657 provides that. "Every person who sells, furnishes, gives or causes to be sold, fumished, or given away any alcoholic beverage to any person under the age of 21 years shall be guilty of a misdemeanor." 1). All customers making a purchase of any alcoholic beverage must be at least 21 years of age. • You must require proper identification from every customer attempting to purchase any alcoholic beverage, who appears to be under the age of Forty (40). • You must ask every customer who appears to be under the age of Forty (40) "How old are your You must get a verbal reply that they are at least 21 years of age. • Then the clerk must ask to check one of Stater Bros. approved forms of photo identification. • When Id is required, the customer's date of birth must be entered into the register system from the approved form of photo identification. No employee, who is a minor, may purchase alcoholic beverages. 2). The only Stater Bros. approved identifications are: • Valid California Driver License • Valid California Identification card issued by the DMV • Valid U.S. Military Picture Identification Card (with physical description) When in doubt, it is mandatory that you call for the Store Manager, Person -In- Charge, or CSR to verify the validity of the identification. 3)_ It is against the California State law to sell alcohol to anyone between the hours of 2 am and 6 am, 7 days a week (including night crew). 4)_ It is against the California State law to sell alcohol to any adult over the age of 21, who furnishes, gives or causes to be sold alcoholic beverages to any person under the age of 21 (second party sale). 5). It is against the California State law to sell alcohol to any person(s) who is obviously intoxicated (slurred speech, staggering, bloodshot eyes, etc...). Note_ The Store Manager, Person -In- Charge, or CSR will handle all keg beer sales. Our Scanning Accuracy Pledge does not apply to alcohol. It is against the Califomia State law to give alcohol to any person(s) free of charge. The clerk should call for 'Manager Service" so that the Person - In- Charge may handle any price discrepancy. Any clerk or any employee of the company who is in violation of the above rules pertaining to the sale of alcoholic beverages, or who sells any alcoholic beverage to an underage friend, relative, co- worker or any other employee or anyone who fails to ask any customer how old they are or fails to request approved identification from anyone purchasing any alcoholic beverage, will be subject to immediate termination. IF THERE ARE ANY DISCREPANCIES ON ANY OF THE ABOVE, CALL FOR i A ANAGER SERVICE." PC January 3, 2012 Item.No. 3 Page 8 of 9 j Vii: im- a mm� ��: 11• 11 11 .. - ��® • ;i Fih 11� mme --------- -- - - -- \IGI CI® ® a \IA p .. �� rrrrrrrrrrrrrrrrrrrr ► rrrrrr w ' it = o • = ' ■111111 • � �i uiuuuuuu�uuuuu� :' •C =� rrrrrrrrrrrrrrrrrrrrrrrrrrr L 4 ----------------- 1 1 ' �^.•mr .fin �� .................. .. • e a �••,, � 11 11� 11.E 11 11:= ; 1 I_ - ,�� _ . -. IF a 8 EQUIR W A PC January 3, 2012 Item No. 3 Page 9 of