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REPORT TO THE PLANNING COMMISSION
To: Honorable Chairman and Members of the Planning Commission
From: Damaris Abraham, Acting Planning Manager
Prepared by: Kevin Beery, Associate Planner
Date: February 15, 2022
Subject: Finding of Public Convenience or Necessity (PCN No. 2021-03) for 7-Eleven
Applicant: Ilan Golcheh
Recommendation
Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, MAKING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2021-
03) FOR THE SALE OF ALCOHOLIC BEVERAGES (TYPE 20 ABC) FOR OFF-SITE BEER &
WINE CONSUMPTION LOCATED AT APN: 379-111-014.
Background
On April 13, 2021, the City Council approved Planning Application No. 2020-92 for a General Plan
Amendment, Zone Change, Tentative Parcel Map, Conditional Use Permit, and Commercial
Design Review to establish a commercial project which included an approximately 4,650 square-
foot convenience store with a gas station on a 1.31-acre parcel.
In accordance with the Business and Professions Code, Section 23958.4, the State of California
Department of Alcoholic Beverage Control (ABC) has been granted the authority to deny an
application for an ABC License if there is “undue concentration of licenses.” An “undue
concentration” exists if the site for the license is deemed to be in a census tract where the ratio of
on-sale or off-sale retail ABC licenses to population exceeds the ratio of on-sale or off-sale retail
ABC licenses to population in the city in which the applicant premises are located. A license may
still be issued, however, if the local agency determines that the public use or necessity would be
served by issuance of the license.
Project Request and Location
The applicant is requesting approval of Public Convenience or Necessity No. 2021-03 for finding
of Public Convenience or Necessity for sale of beer and wine for off-site consumption (ABC Type
20 License) within an approximately 4,650 square-foot convenience store and a gas station. The
project is located at the southwest corner of Riverside Drive and Lincoln Street (APN: 379-111-
014).
PCN 2021-03
02/15/2022
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Discussion
Business operations of the convenience will be twenty-four (24) hours a day, seven days a week.
The applicant is requesting a Type 20 license, which will allow the sale of beer and wine for
consumption off the premises. The sale of alcoholic beverages will be incidental to the sale of
other items and will account for an estimated 12 to 16 percent of overall business sales.
The store is located within Census Tract No. 430.05, which currently contains three (3) off-
premise alcohol establishment licenses, as shown in Exhibit F. ABC guidelines allows for three
(3) off-premise alcohol establishments within this census tract. Before issuing a license, ABC
requires a Public Convenience or Necessity finding from the local jurisdiction for alcohol sales
establishments that are located within a census tract that is over concentrated with similar alcohol
related uses. The PCN findings are included in the attached resolution satisfying ABC
requirements and are summarized below:
1. The Project complies with the goals and objectives of the General Plan because it will
assist in providing a service that serves to provide the full spectrum of commercial needs
for a community in a commercial retail center.
2. The current zoning for the subject site is Commercial Manufacturing (C-2). The proposed
convenience store and gas station is a permitted use in the C-2 Zone. Establishments
engaged in the concurrent sale of motor vehicle fuel with alcoholic beverages are also
subject to a Conditional Use Permit approval that include the requirements outlined in
Section 17.112.090.O of the Lake Elsinore Municipal Code (LEMC) as conditions of
approval. A Design Review (CDR 2020-08) and a Conditional Use Permit (CUP 2020-09)
have been approved for the subject property ensuring that the project meets all the
development standards of the C-2 zone and the requirements outlined in Section
17.112.090.O of the LEMC were included in the conditions of approval.
3. The availability of alcohol with the sale of convenience store items allows customers to
have readily available products in one location where they would otherwise be obliged to
travel to other locations to further purchase their items; thus, the establishment of off -site
alcoholic beverage sale serves a public convenience.
4. The proposed sale of alcohol would not be detrimental to the public health, safety, or
welfare because the proposed store is located in a commercial area away from churches,
schools, and residences. Security of alcohol will include the use of theft deterrent
equipment and a floor plan that keeps alcohol shelves and coolers unobstructed for store
management and staff and permits staff to monitor customers and reduce alcohol theft.
The store will operate in compliance with the state’s Alcohol Beverage Control Act,
together with any conditions of the license that may be issued by ABC. Therefore, the
granting of the permit will not be detrimental to public welfare and to other properties in
the vicinity.
Based on the above findings, staff recommends that the Planning Commission make a finding of
Public Convenience or Necessity for 7-Eleven to sell beer and wine for off-site consumption (ABC
Type 20 License) and authorize the Director of Community Development to issue the letter of
Public Convenience and Necessity.
PCN 2021-03
02/15/2022
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Exhibits
A – PCN Resolution
B – Statement of Operations
C – Vicinity Map
D – Aerial Map
E – Floor Plan
F – Retail Licenses in Census Tract 430.05