HomeMy WebLinkAboutItem No. 3CITY OF
LADE ��7LSII`LCO
DREAM EXTREME.
REPORT TO THE PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: WARREN MORELION, AICP
ACTING COMMUNITY DEVELOPMENT DIRECTOR
DATE: SEPTEMBER 4, 2012
SUBJECT: PUBLIC CONVENIENCE AND NECESSITY (PCN) -
NOTIFICATION TO STATE DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL BOARD FOR WALGREENS STORE
NO. 13813 LOCATED AT 160 DIAMOND DRIVE
APPLICANT WALGREEN CO. C/O McKENNA LONG & ALDRIDGE, LLP
600 W. BROADWAY, SUITE 2600, SAN DIEGO, CA 92101
OWNER: SALTA COMPANY, INC., ATTN: ROBERT JOHNSON, V.P.,
M.F., 20 EXECUTIVE CIRCLE, SUITE 150, IRVINE, CA 92614
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.
Walgreens received City Council approval for its store at 160 Diamond Drive on April
27, 2010. As a condition of approval (Condition No. 12), Walgreens is required to
submit and receive Planning Commission approval for a Public Convenience and
Necessity application prior to selling beer and wine on the subject property. This store is
located within a census tract which contains five 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 Walgreens will devote a maximum of 10% of its floor area to alcohol sales.
PC September 4, 2012 Item No. 3
Page 1 of 9
Planning Commission Staff Report
PCN for Walgreens at 160 Diamond Drive
September 4, 2012
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 Walgreens to sell beer and wine
(Type 20 license), 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 Associat1/1
Senior Planner
Approved by: Warren Morelion, AICP
Acting Community Development Director
Attachments
1. Project Location Map
2. Aerial Photograph
3. PCN letter addressed to ABC
4. E -mail from Lake Elsinore Police Department dated August 28, 2012.
5. Walgreens Market application for PC &N Findings with Operational Statement and Floor
Plan
PC September 4, 2012 Item No. 3
Page 2 of 9
SOURCES: CITY OF LAKE ELSINORE. COUNTY4DF RIVERSIDE GIS
CITY Or�_ LOCATION MAP
9 WALGREENS PC&N REQUEST
LADE rqLSIIf0RE
T'
DREAM S 160 DIAMOND DRIVE
PC September 4, 2012 Item No. 3
Page 3 of 9
SOURCES: CITY OF LAKE ELSINORE, COUNTYVF KIVERSIDE
CITY of /1
LAIQE LSII`OP�E y N QVry
D7:fAM [xTRFM( s
AERIAL PHOTOGRAPH
WALGREENS PC &N REG—UEST
160 DIAMOND DRIVE
PC September 4, 2012 Item No. 3
Page 4 of 9
CITY OF
LADE LSIlYOIZE
REME
�w DREA
September 4, 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 Walgreens Store #13813,
160 Diamond Drive, Lake Elsinore CA
Dear ABC Official:
This letter is in reference to a Type 20 off - premise alcohol license being proposed for the
Walgreens store 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 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, Senior Planner at (951) 674 -3124, Ext. 209.
Sincerely,
Rick Morsch
Chairman, City of Lake Elsinore Planning Commission
Warren Morelion, AICP
Acting Community Development Director
951.674.3124
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
W W W. LAKE -E LSI NORE.ORG
PC September 4, 2012 Item No. 3
Page 5 of 9
Page 1 of 1
Richard MacHott
From: Nava, Raymond [ranava @riversidesheriff.org]
Sent: Tuesday, August 28, 2012 2:09 PM
To: Richard MacHott
Subject: RE: Walgreens at 160 Diamond Drive: Request for Public Convenience & Necessity Finding
The Police Department has no questions or concerns regarding the ABC Off -Site beer and wine sales
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: Friday, August 24, 2012 2:29 PM
To: Nava, Raymond
Subject: Walgreens at 160 Diamond Drive: Request for Public Convenience & Necessity Finding
Sgt. Nava,
On August 13, 2012, , I sent the Lake Elsinore Police Department the attached transmittal regarding a
request for a Public Convenience & Necessity Finding for an ABC Off -Site beer and wine sales license for
the Walgreens located at 130 Diamond Drive. We will be taking the request to the Planning Commission
on September 4 and I need to complete my staff report early next week.
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 September 4, 2012 Item No. 3
8/28/2012 Page 6 of 9
Store No. 13813
OPERATIONAL STATEMENT
Application for Public Convenience & Necessity Findings
Walgreens at 160 Diamond Drive
Walgreens currently operates a 13,760 square foot store at 160 Diamond Drive 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. Lake Elsinore is a
moratorium City, but the ABC can still issue a Type 20 License for this store pursuant to Business
and Professions Code section 23817.7 if the City makes a finding of public convenience or necessity.
For the reasons described below, the City should make such a finding of public convenience or
necessity for this Walgreens store.
This Walgreens store is operated by:
Walgreen Co.
Attn: Michael Redstone
104 Wilmont Road, 2nd Floor
Deerfield, IL 60015
Phone: (847) 315 -4530
Fax: (847) 315 -4825
The underlying fee title owner of the Property is:
MF Salta Company, Inc.
Attn: Robert Johnson
20 Executive Circle, Ste 150
Irvine, CA 92614
The public convenience or necessity would be served by permitting beer and wine sales for off -site
consumption at the 160 Diamond Drive 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 with the convenience of
"one- stop" shopping. Walgreens intends to use no more than 10% 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 8:00 a.m. and midnight and employ approximately 15
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
101930549.2 1
PC September 4, 2012 Item No. 3
Page 7 of 9
Store No. 13813
proposed alcohol sales program. Along those lines, so as to ensure compatibility with surrounding
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 2010 population counts, the PCN is required if more than 3 off -sale licenses exist in
Census Tract 430.01 and 5 licenses currently are existing. Note that two of those existing licenses
are held by retailers located more than five miles away from Walgreens (Lake Park Resort is 5 miles
away and L E West Marina and RV Park is nearly 6 miles away). In any event, the census tract can
support issuance of an additional license to Walgreens, particularly when one considers the large size
of the census tract (approximately 10 square miles), the amount of commercially zoned property
within the same, and the fact that Walgreens serves recreational visitors going to nearby Lake
Elsinore, the baseball park and those traveling along the nearby 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, including the
Mission Trails Shopping Center across the street. Walgreens' sale of beer and wine will serve the
public convenience or necessity and will also compliment the surrounding land uses.
101930549.2 2
PC September 4, 2012 Item No. 3
Page 8 of 9
Store No. 13813
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
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
15 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' 160 Diamond Drive in the City of Lake Elsinore store.
101930549.2 3
PC September 4, 2012 Item No. 3
Page 9 of 9