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HomeMy WebLinkAboutItem No. 2CITY OF LADE TO: FROM: DATE: LSINOKE DREAM EXTREIvMEn REPORT TO THE PLANNING COMMISSION HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION ROBERT A. BRADY, CITY MANAGER MAY 17, 2011 SUBJECT: PUBLIC CONVENIENCE AND NECESSITY (PCN) NOTIFICATION TO STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL BOARD FOR WALGREENS AT 18296 COLLIER AVENUE APPLICANT: WALGREEN CO. C/O LUCE FORWARD HAMILTON & SCRIPPS, 600 BROADWAY, SUITE 2600, SAN DIEGO, CA 92101 OWNER: RSM PROPERTIES INC., C/O PETER MILLER, 1949 AUTO CENTRE DRIVE, GLENDORA, CA 91740 Background and Discussion In July, 2004, the City Council approved Commercial Design Review No. 2003 -12 and Conditional Use Permit No. 2004 -23 for a portion of the Lake Elsinore Square Shopping Center (Home Depot). The establishment of a drug store use with a drive through ( Walgreens) 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. Walgreens is currently located in a census tract which contains seventeen (17) 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. Typically, the PCN findings are reflected within an approved resolution. However, since this type of alcohol related use (drug store) does not require a Conditional Use Permit or PC May 17, 2011 Item No. 2 Page 1 of 9 Planning Commission Staff Report PCN for Walgreens at 18296 Collier Avenue May 17, 2011 other type of entitlement, a resolution containing a finding of Public Convenience and Necessity was never generated. In turn, in order for Walgreens 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. Upon concurrence of the Planning Commission and signature of the Chairman, the PCN letter (attached) will be forwarded to ABC for processing. Recommendation Approve and sign letter of Public Convenience and Necessity. PREPARED BY: REVIEWED BY: APPROVED BY Attachments Kirt A. Coury,9 Project Planner Justin Carlson, G Redevelopment nalyst Robert A. Brady City Manager 1. Vicinity Map 2. PCN letter addressed to ABC 3. Letter from Walgreens Requesting PCN notification to ABC 4. Letter from Lake Elsinore Police Department dated April 20, 2011 5. Walgreens Operational Statement PC May 17, 2011 Item No. 2 Page 2 of 9 VICINITY MAP PUBLIC CONVENIENCE AND NECESSITY (PCN) FOR WALGREENS AT 18296 COLLIER AVENUE MAY 17, 2011 PC May 17, 2011 Item No. 2 Page 3 of 9 PLANNING COMMISSION CITY OF ,nom LADE 9 LSIf10KE - DREA REME May 17, 2011 California Department of Alcoholic Beverage Control Attn: Licensing Department 3737 Main Street Suite 900 Riverside, CA 92501 SUBJECT: Public Convenience and Necessity Letter for Walgreens, 18296 Collier Avenue, Lake Elsinore CA Dear ABC Official: This letter is in reference to a Type 20 off - premise alcohol license being proposed for Walgreens 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, John Gonzales Chairperson, City of Lake Elsinore Planning Commission Robert A. Brady City Manager 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 W W W.LAKE -ELS INORE.ORG PC May 17, 2011 Item No. 2 Page 4 of 9 FEB- 23 -201G 16:29 _ ABC RIVERSIDE DISTRICT ' — 951 781 0581 Lua Fol W C ATR \`YS } LAU' - r04N3'o IM KO "' 9'ald", _xe, Poawrao, H,uwo. L knwvs iw San D'SO, :a 6;9.Z:iE.1415 TAI.A4Qm CIA Dmre 19 9233'STE oMr,C r o�nc N rA uMD G19.d99.2�t37 uMLCrFAx 'M4REU 619235.1304 Gt+aAUD,u's3 Jchawcr`w,luw.cum February 22, 2009 W15-9486 VIA FA — CSIMME 95X.781.0531 I nna P -010 Department of Alcohol Beverdge Control Attn: Kim Riverside District Office 3737 Main Street, Suite 900 Riverside, CA 92501 Re: PCN 12equirement for 1 Collier Avenue, Lake Elsinore C + Dear Kim: As I mentioned on the phone earlier today, we are preparing conditional use permit applications for beer and wine sales on behalf of walgreens. The City of Lake Els tore well only require a conditional use permit for the Walgrecas located at 18296 Collier Avenue, and wine sales require a w ould LakeElsinore if beer at this store, please? 1 would Can you tell me whether a PC will be required for alcohol stiles appreciate receiving your response by fax (619) 699 -2537 or email (iehavez)3uoe coml at your earliest possible convenience. Thanks for your assistance with this matter, Please don't hesitate to contact me if you need any additional information to support this request. Sincerely, ' J CA'0Gu Jennifer L pond Chavez f for LVa, FORWARD, HA'WUrOAr & SCRIPPS LLP JLC 1 01217665.1 FEB -22 -2010 13t61 r.AtbiL VAEUYIDCL MAR n Ae4r' -3 1 619 235 1305 Snu D!cee - Sergi Fuxacw 91% ,P 17, 2011 Item No. 2 Page 5 of 9 CITY OF /i/`cQ LADE LSINORE POLICE DEPARTMENT Date: 04/20/11 Department of Alcohol Beverage Control Riverside District Office 3737 Main Street, Suite 900 Riverside, CA 92501 Attention: Barbara Heatley, ABC, Licensing Representative II We have reviewed the application for an ABC license for "Walgreens." The business is located at 18296 Collier Avenue Lake Elsinore, CA. The owner(s) are requesting an ABC "type 20 series license." The provision allows owner(s) to sell beer wine for off premises consumption. This request was submitted to the Lake Elsinore Police Department for review and comment. Since there are no negative comments and/or concerns with regard to the sale of alcoholic beverages from the proposed establishment, and after reviewing all pertinent information, we hereby make said finding that the license will meet the "public convenience and necessity" standards for this community. The Lake Elsinore Police Department suggests that the Alcohol Beverage Control consider this request. If you have any question or comments regarding this request, please contact Deputy David Schell at (951) 245 -3013. Sincerely, David Fontneau, Ckipec If Police LAKE ELSINORE POLICE & SHERIFFS STATION 333 LIMITED AVENUE LAKE ELSINORE, CA 92530 W W W.RI VERSIDF.SH ERIFEORG 951.245.3330 PC May 17, 2011 Item No. 2 Page 6 of 9 Store No. 9486 OPERATIONAL STATEMENT Application for Public Convenience & Necessity Findings Walgreens at 18296 Collier Avenue Walgreens currently operates a 14,820 square foot store at 18296 Collier Avenue in the City of Lake Elsinore. Walgreens is seeking a Type 20 License from the California Department of Alcoholic Beverage Control ( "ABC ") authorizing it to sell beer and wine at this store. The store is in census tract 0430.06, which has an undue concentration of liquor licenses, thus the ABC will not approve issuance of a Type 20 License for this store unless the City makes a finding of public convenience or necessity. This Walgreens store is operated by: Walgreen Co. Attn: Michael Redstone 104 Wilmont Road, 2 " Floor Deerfield, IL 60015 Phone: (847) 315 -4530 Fax: (847) 315 -4825 The underlying fee title owner of the Property is: RSM Properties Inc. Attn: Pete Miller 1949 Auto Centre Drive Glendora, CA 91740 The public convenience or necessity would be served by permitting beer and wine sales for off -site consumption at the 18296 Collier Avenue Walgreens store. Walgreens is a national chain of retail drugstores selling prescription and over - the - counter medicines as well as a variety of general merchandise, sundries and grocery items to the public. The impetus for the sale of beer and wine is demand from existing Walgreens customers. By adding beer and wine to the other retail items already offered in the store, Walgreens can better serve its customers living and working in the surrounding community as well as those traveling along the nearby I -15 and visiting the Lake Elsinore State Recreation Park with the convenience of "one-stop" shopping. Walgreens intends to use at least 2% of floor area for beer and wine sales, but beer and wine sales will not be a major staple at Walgreens and, unlike some other nearby retailers, Walgreens' inventory will only target the casual consumer of beer and wine. Indeed, beer and wine sales are expected to account for only a small percentage of overall sales. Walgreens will continue to operate between the hours of 7:00 a.m. and 10:00 p.m. and employ approximately 21 persons. Because it is part of a larger retail operation and Walgreens' standard business practices, the sale of beer and wine also will not contribute to or aggravate any potential issues raised by the number of existing alcohol sales establishments. Walgreens is an experienced and trusted retailer of regulated products, including pharmaceutical and tobacco products that will bring that experience to its proposed alcohol sales program. Along those lines, so as to ensure compatibility with surrounding 101229598.2 1 PC May 17, 2011 Item No. 2 Page 7 of 9 Store No. 9486 neighborhoods, Walgreens has taken measures to assure that any alcoholic beverage will be sold in a highly responsible and conscientious manner. Detailed, corporate policies and procedures are already in place and will be strictly enforced. The policies and procedures may include requirements such as: • Employees at each store must undergo training prior to beer and wine being made available for sale at the store; • Each cash register clerk must submit a policy acknowledgement as part of the daily log -in and log -out process; • Each cash register clerk must request identification and proof of age for any customer attempting to purchase beer or wine who appears to be under the age of 40. Pre - programmed cash register "prompts" will remind the clerks to request this proof; • Any under -aged employees will be required to involve the manager or assistant manager for the sale of beer or wine. Training will be accomplished in part through a Walgreens internal alcohol sales training program, which is required for all cashiers and managers. The training program focuses on recognizing and preventing sales of alcohol that may be detrimental to the public welfare (i.e., the sale of alcohol to minors and intoxicated persons). Implementation of this program will help ensure that the sale of alcohol at the store will not be detrimental to residents, shoppers, or other business in the vicinity of this store. Walgreens also uses a variety of security strategies to ensure the safety of their employees and customers as well as the security of its merchandise. For example, cameras and public view monitors have been installed in all Walgreens stores to deter criminal activity and promote security. The digital images captured from these devices are stored for a period of time on a Digital Video Recorder. Beer and wine displays will also be positioned on the opposite side of the store from where the entrance is located. To prevent abuses, Walgreens will also only sell beer in 6 packs, 12 packs, 18 packs and cases. Walgreens will not sell beer by the individual can or bottle. Based on 2000 population counts, the PCN is required if more than 3 off -sale licenses exist in Census Tract 0430.06 and 17 licenses currently are existing. The number of existing ABC licenses is not surprising given the extremely large size of the census tract, the amount of commercially zoned property within the same, the fact that it includes areas in close proximity to the Lake Elsinore State Recreation Area, and that it incorporates busy commercial corridors such as Central Avenue, Collier Avenue and I -15. Further, national retailers such as Walgreens serve many people living and working in the areas beyond the immediate boundaries of a particular census tract. It should also be noted that the Walgreens store is not located in close proximity to any schools, churches, residences or other sensitive land uses. The store is within a shopping center and is therefore surrounded by similarly scaled commercial retail uses to the north and east, which include a Home Depot and a several fast food restaurants. Wachovia Bank is located to the south of the Property and the parcel immediately to the west is vacant. Walgreens' sale of beer and wine will serve the public convenience or necessity and will also compliment the surrounding land uses. The foregoing demonstrates that public convenience and necessity would be served and even enhanced by the sale of beer and wine at this Walgreens store. Such sales would facilitate 101229598.2 2 PC May 17, 2011 Item No. 2 Page 8 of 9 Store No. 9486 convenient, "one- stop" shopping for Walgreens' many customers in the City of Lake Elsinore. Sales would be conducted in a way that maximizes public safety, minimizes public nuisance and at a location that is very well suited for beer and wine sales due to the absence of sensitive land uses in close proximity. Additionally, the beer and wine sales will allow Walgreens to remain competitive with other retailers in the vicinity such as CVS and Rite Aid and thereby help to maintain the up to 21 full time and part time jobs generated by Walgreens. For all of these reasons, the City should make a finding of public convenience or necessity for the proposed sale of beer and wine at Walgreens' 18296 Collier Avenue in the City of Lake Elsinore store. 101229598.2 PC May 17, 2011 Item No. 2 Page 9 of 9