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HomeMy WebLinkAboutItem No. 4CITY OF LADE TO: FROM: DATE: LSI110RE DREAM EXTREME. REPORT TO THE PLANNING COMMISSION HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION WARREN MORELION, AICP ACTING COMMUNITY DEVELOPMENT DIRECTOR JULY 17, 2012 SUBJECT: PUBLIC CONVENIENCE AND NECESSITY (PCN) NOTIFICATION TO STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL BOARD FOR A CARDENAS MARKET AT 31952 MISSION TRAIL APPLICANT JOSE CARDENAS, CARDENA MARKETS, INC. 1040 S. VINTAGE AVENUE, #A, ONTARIO, CA 91761 OWNER: SEAN POURTEYMOUR, MIRAMAR WEST AUTO CENTER 9255 TOWNE CENTER DR., #950, SAN DIEGO, CA 92121 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. Cardenas Market is proposing to locate in a census tract which contains eleven 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 Cardenas Market will only devote approximately 2.83% of its floor area to alcohol sales. In addition, the Lake Elsinore Police 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 Cardenas Market to sell general PC July 17, 2012 Item No. 4 Page 1 of 11 Planning Commission Staff Report PCN for Cardenas Market at 31952 Mission Trail July 17, 2012 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 Chairperson, the PCN letter (attached) will be forwarded to ABC for processing. Recommendation Approve and sign letter of Public Convenience and Necessity. Prepared by: Richard J. MacHott, LEED Green Associate Environmental Planning Consultant Approved by: Warren Morelion, AICPI Acting Community Development Director Attachments 1. Project Location Map 2. PCN letter addressed to ABC 3. Letter from Darren P. Trone Representing Cardenas Markets, Inc. Requesting PCN notification to ABC 4. Cardenas Market application for PC&N Findings with Operational Statement and Floor Plan 5. E-mail from Lake Elsinore Police Department dated July 5, 2012. PC July 17, 2012 Item No. 4 Page 2 of 11 CITY OF nh~ LADE C LSINOKE `r-1"^"? lJR (,1 M11 CXT RF 4lE PROJECT LOCATION w +FCARDENAS MARKET PC&N REQUEST s 31952 MISSION TRAIL PC July 17, 2012 Item No. 4 Page 3 of 11 OURCES: CITY OF LAKE ELSINORE, COUNTY,017 RIVERSIDE GIS CITY OF LADE LSIHOI~E DREAM July 17, 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 Cardena Market, 31952 Mission Trail, Lake Elsinore CA Dear ABC Official: This letter is in reference to a Type 21 off-premise alcohol license being proposed for Cardenas Market at-tile location listed_ above. Pursuant to Section 23958.A 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 City of Lake Elsinore Police 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 Richard J. MacHott, Environmental Planning Consultant at (951) 674-3124. Sincerely, Shelly Jordan Chairperson, City of Lake Elsinore Planning Commission Warren Morelion, AICP Acting Community Development Director 951.674.3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 WW W.LAKE-ELSINORE.ORG PC July 17, 2012 Item No. 4 Page 4 of 11 LAW OFFICES OF DARREN P. TRONE 3838 ORANGE STREET RIVERSIDE, CALIFORNIA 92501 TF:1,EPi ION] (951) 686-2975 FAx: (951) 686-2977 MOBILE: (951) 751-6882 E-MAIL:'I'RONL?L.AWQMSN. May 25, 2012 City of Lake Elsinore Planning Department 130 S. Main Street Lake Elsinore, CA 92530 ATTN: Cordie Miller, Planning Technician RE: Letter of Public Convenience or Necessity 31952 Mission Trail, Lake Elsinore, CA 92530 Dear Ms. Miller: RGCEpb MAY 81 2012 Our office is general legal counsel in California for Cardenas Markets, Inc., and we are assisting the company with the licensing requirements for its newest location at 31952 Mission Trail, Lake Elsinore, California. The Department of Alcoholic Beverage Control has requested that Cardenas Markets obtain a letter of public convenience or necessity in connection with the issuance of a Type-21 off sale liquor license. The following is a detailed statement of how the public convenience or necessity would be served by issuance of an ABC license for the above referenced location. Accordingly, we are submitting this correspondence. Cardenas Markets currently operates 28 full service grocery stores in the Riverside, San Bernardino, Imperial and Los Angeles Counties, along with 3 stores in Las Vegas, NV. The company also maintains a large distribution facility and corporate headquarters in Ontario, California. All California stores including the distribution facility are licensed by the State of California to sell or store alcoholic beverages. Cardenas Markets provide a wide range of beneficial goods and services to the neighborhoods surrounding each of its markets, and have increasingly drawn customers from outside the immediate neighborhood areas. Cardenas Markets offer all the amenities of a mainstream grocery store, and in addition, offers expanded meat, produce and bakery items expected by its Latino customers. The subject Mission Trail property was previously licensed for a Type-21 general off sale liquor license by the former tenant, Stater Bros. Cardenas Markets has leased the premises and plans to remodel the interior floor space of the existing building. When Cardenas opens for business, full occupancy of smaller tenants in a shopping center is usually achieved within a short period of time. PC July 17, 2012 Item No. 4 Page 5 of 11 City of Lake Elsinore Planning Department May 25, 2012 Page 2 The issuance of the ABC license and opening of the market should not contribute or aggravate existing crime in the area. In fact, the opening of the market at the shopping center, as well as the expected in-line commercial tenancies, should reduce loitering and crime around the property. Cardenas Markets employs full time, uniformed security guards that patrol the parking areas and the perimeter of the stores, and the guards generally prevent loitering by individuals. In addition, the market will employ plain-clothes loss prevention staff, and those individuals assist in crime prevention. Of course, the stores have systems for shopping cart retrieval, parking lot clean up and immediate removal of any graffiti at the site. The neighborhood would likely suffer more adverse effects and crime from a prolonged closure of the building than it would from routine, controlled alcohol sales from the grocery market for consumption off premises. Without the ABC license, the market would likely be uncompetitive, and the company would eventually decide to locate elsewhere. Accordingly, the ABC license is necessary for the successful, competitive operation of a full service supermarket. We trust that the factors set forth above will assist the City of Lake Elsinore in making its determination that the public convenience or necessity will be furthered by issuance of the ABC license to Cardenas Markets at the Mission Trail location. As you likely already know, the Riverside District Office of the ABC merely requires that the City of Lake Elsinore make a determination that the "...issuance of the ABC license will serve the public convenience or necessity." The City is not required to justify its conclusion to the ABC. In the event you require further documentation or information, please contact the undersigned. DPT/rc PC July 17, 2012 Item No. 4 Page 6 of 11 Respectfully submitted, CITY OF `n LADE LSINCRE Dtta'm Exrlkwr APPLICANT: Name: Jose Cardenas Company: Cardenas Markets, Inc. Address: 1040 S. Vintage Ave., #A chylstate/zip:Ontario, CA 91761 Telephone: ( 909 1 923-7426 Fax Number. ( 9 0 9 1930-5772 E-Mail: josecardenas@aol.com APPLICATIONFORM PUBLIC CONVENIENCE & NECESSITYFINDINGS PROPERTY OWNER: Name: Sean, Pourteymour Company: Miramar West Auto Center Address: 9255 Towne Center Dr., #950 cityistatelz(p: San Diego, CA 92121 Telephone: ( 858 )450-1188 Fax Number.( 858 1450-1186 E-Mail: smp@san.rr.com O Please check this box # you are willing to receive staff reports via email. It this box is checked, staff reports will not be sent via Ped-Ex. ASSESSOR'S PARCEL NUMBER(S): 363-172-022 GENERAL LOCATION OF PROJECT IAD13RESS: 31952 Mission Trail, Lake Elsinore, CA 92530 PROJECT DESCRIPTION (Attach aseparateshoot ifneeded): full service, grocery market PROJECT INFORMATION: Zoning: C General Plan Designation: Beer&Wne or Liquor Sales: Type-21 Off-Sale Square Footage Devoted to Alcohol Sales: 680 , Sq. ft. Specific Plan in which Site is Located Associated Applications AFFIDAVIT: I hereby certify that the Information furnished above is accurate, true, and correct to the best of my knowledge or belle(. Applicant's Signature: see attached Date: Type/PrlntName: Jose Cardenas Sr Operations Property Owners Signature: 992 Date: 6. 6 - ,~O i a Type / Print Name: Sean Pourteym d ur, Man ger / R OFFICE USE ONLY .li Date: e(~, p24 Received By. e,4 - CRS Number Project Planner. Project Number(s): PC July 17, 2012 Item No. 4 Page 7 of 11 Cardenas Markets 31952 Mission Trail, Lake Elsinore, CA Section A. Operational Statement: Contact Information: Applicant: Cardenas Markets Mailing Address: 1040 S. Vintage Ave., Telephone: (909) 923-7426 Facsimile: (909) 930-5772 Ste. A, Ontario, CA 91761 Property Owner: Miramar West Auto Center Mailing Address: 9255 Towne Center Dr., Ste. 950, San Diego, CA 92121 Telephone: (858) 450-1188 Facsimile: (858) 450-1186 Property Manager: Brico Commercial Management Services, ATTN: Elise Munson Mailing Address: 212 E. Grand Blvd., Ste. 103, Corona, CA 92879 Telephone: (951) 272-2199 Facsimile: (951) 272-9531 Description of Business: Hours of Operation: Seven day per week, 7 a.m. - 11 p.m. Nature of Business: Cardenas Markets (CMI) will operate a full service grocery store. In addition to the amenities of a main stream grocery store, CMI will offer expanded meat, produce, deli and bakery items catering to its Latino customers. Number of Employees: CMI plans to hire approximately 88 employees, including full time and part time. CMI also employs full time, uniformed security guards that patrol the parking areas and the perimeter of the stores, and the guards generally prevent loitering by individuals. In addition, the market will employ plain-clothes loss prevention staff, and those individuals assist in crime prevention. Estimated percentage of floor area devoted to alcohol sales: 2.83% Corporate policies regarding underage sales: Per state law, ABC regulations, and city zoning. Corporate policies regarding security of alcohol: Liquor is kept in a locked case. Proposed type of State ABC License: Type-21 Off-Sale. The subject Mission Trail property was previously licensed for a Type-21 general off sale liquor license by the former tenant, Stater Bros. PC July 17, 2012 Item No. 4 Page 8 of 11 M M eF y ei~ ~ la ~ 0 3 hill $ ed~ 5jE 9 i y 5$ ti. •(~1 LA -9 44 r g.{ x.:8[55 ~ 3 3 A$5393; ~ U ` s: I I o - - Lj W •Y! ~ Ei j `o : ~ L I w i W n en a, I dl !i 'J I R q W ~ ;~I ©I S i Iw ~sv d ~t ~ t I L ~ a• - c y i ` c I. .=_I T1V 31sIV Q C rL - s - - - - - - -I c i I d J.. li •6s 89s au!M 7Y A338 ! y! con ea t " 5b W ON 811 Ci exnsly r _ , I I ~a^ ~~17 £v ' n Its i ii isasnrc ~~';d °I e ~ - I C 7°~Cll I Cl1~ [7 I I C7 a1,1 ~R I „ ~--7~~-~rdp I i ' z a° A I n`, s£ in Mew ~(j~ r I ~ ..@~ a Ham= C II T I ~ I ~ I i- - p 1za nsly p - - ~ I 1 T ~ ~aalsrc I Q - yl i I " i yl A P T" I 3~ AI ~e ~ i s i 0 PC July 17, 2012 Item No. 4 Page 9 of 11 Cardenas Markets 31952 Mission Trail, Lake Elsinore, CA Section B. Floor Plan: Contact Information: Applicant: Cardenas Markets Mailing Address: 1040 S. Vintage Ave., Ste. A, Ontario, CA 91761 Telephone: (909) 923-7426 Facsimile: (909) 930-5772 Property Owner: Miramar West Auto Center Mailing Address: 9255 Towne Center Dr., Ste. 950, San Diego, CA 92121 Telephone: (858) 450-1188 Facsimile: (858) 450-1186 Property Manager: Brico Commercial Management Services, ATTN: Elise Munson Mailing Address: 212 E. Grand Blvd., Ste. 103, Corona, CA 92879 Telephone: (951) 272-2199 Facsimile: (951) 272-9531 Square footage of alcohol sales: Liquor: 120 sq. ft. Beer: 480 sq. ft. Wine: 80 sq. ft. TOTAL: 680 sq. ft. PC July 17, 2012 Item No. 4 Page 10 of 11 Page 1 of 1 Richard MacHott From: Nava, Raymond [ranava@riversidesheriff.org] Sent: Thursday, July 05, 2012 1:31 PM To: Richard MacHott Subject: RE: Cardenas Market PC&N 31952 Mission Trail No questions or concrens regarding the ABC Off-site Sales License. No objections to the license. Sergeant Raymond Nava #2421 Riverside County Sheriffs Department Lake Elsinore Police and Sheriffs Station 333 W. Limited Avenue Lake Elsinore, CA 92530 www.riversidesheriff.org (951) 245-3300 From: Richard MacHott [rmachott@Lake-Elsinore.org] Sent: Thursday, July 05, 2012 11:54 AM To: Nava, Raymond Subject: Cardenas Market PC&N 31952 Mission Trail Sgt. Nava, On June 19, 1 send the Lake Elsinore Police Department the attached transmittal regarding a request for a Public Convenience & Necessity Finding for an ABC Off-Site sales license for a Cardenas Market at 31952 Mission Trail. Does the Police Department have any questions or concerns regarding the application? Richard J. MacHott, LEED Green Associate Environmental Planning Consultant City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 951.674.3124 Ext. 209 PC July 17, 2012 Item No. 4 7/5/2012 Page 11 of 11