HomeMy WebLinkAbout0003_2_PCN 2021-03 - Exhibit A PCN Resolution
RESOLUTION NO. 2022-
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 BEER AND WINE (TYPE 20 ABC)
FOR OFF-SITE CONSUMPTION LOCATED AT APN: 379-111-014
Whereas, Ilan Golcheh, on behalf of 7-Eleven, has filed an application with the City of
Lake Elsinore (City) requesting approval of Public Convenience or Necessity No. 2021-03 for
finding of Public Convenience or Necessity for the sale of beer and wine for off-site consumption
(ABC Type 20 License) within an approximately 4,650 sq. ft. convenience store and a gas station.
The project is located at the southwest corner of Riverside Drive and Lincoln Street (APN: 379-
111-014); and,
Whereas, the Department of Alcohol Beverage Control (ABC), a state agency, regulates
the distribution of liquor licenses in the State of California; and,
Whereas, Section 23958.4 of the Business and Professions Code defines “undue
concentration" of liquor licenses and establishes a procedure for the local agency to determine if
the Public Convenience and Necessity will be served by the issuance of a license notwithstanding
a determination that there is an undue concentration of licenses; and,
Whereas, Section 23958.4 of the Business and Professions Code allows the City Council
to delegate the responsibility making the finding of Public Convenience and Necessity; and,
Whereas, pursuant to City Council Resolution No. 2008-83, the Planning Commission
(Commission) has been authorized to determine whether Public Convenience and Necessity
would be served to warrant the issuance of an alcoholic beverage license from the State
Department of Alcohol Beverage Control ABC) as allowed by Section 23958.4 of the Business
and Professions Code of the State of California and the City Clerk or Director of Community
Development are authorized to issue letters of Public Convenience and Necessity after a
determination is made; and,
Whereas, on February 15, 2022, at a duly noticed Public Meeting, the Commission has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The project is located within Census Tract No. 430.05, which currently
contains three (3) off-premise alcohol establishment licenses. ABC guidelines allows for two (3)
off-premise alcohol establishments within this census tract. Before issuing a license, ABC requires
a Public Convenience or Necessity (PCN) 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.
Section 2: The Commission makes the following findings for Public Convenience or
Necessity for the sale of beer and wine for off-site consumption (ABC Type 20 License):
1. The use is essential or desirable to the public convenience and public welfare.
PC Reso. No. 2022-____
Page 2 of 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.
2. The granting the permit will not be materially detrimental to the public welfare and to other
property in vicinity.
The store is primarily for the sale everyday items such as coffee, groceries, snack foods,
confectionery, soft drinks, over-the-counter drugs, toiletries, newspapers, and magazines.
The sale of alcohol is incidental and in conjunction with the sale of such items. 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.
In addition, the store has been designed where all the windows are facing the street and
parking lot allowing for motorists and patrons outside the store to have a direct view inside the
store. 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.
3. The use conforms to good zoning practices and development standards.
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.
4. The use is not contrary to any of the objectives of any part of the adopted General Plan.
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.
Section 3: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the Project, the Commission hereby makes findings of Public
Convenience and Necessity (PCN) for the sale of beer and wine for off-site consumption (Type
20 Off-Sale General) at APN: 379-111-014 and authorizes the City Clerk or Director of Community
Development to issue the letter of Public Convenience and Necessity.
Section 4: This Resolution shall take effect immediately upon its adoption.
PC Reso. No. 2022-____
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Passed and Adopted on this 15th day of February 2022.
John Gray, Chairman
Attest:
___________________________________
Damaris Abraham,
Acting Planning Manager
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Acting Planning Manager of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2022-__ was adopted by the Planning Commission of the City of Lake
Elsinore, California, at a regular meeting held on February 15, 2022 and that the same was
adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Damaris Abraham,
Acting Planning Manager