HomeMy WebLinkAboutPC Reso 2023-19 PA 2021-34 (Evergreen) PCN 2021-01 Lot 3 Beer & Wine Sale
RESOLUTION NO. 2023-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF FINDINGS OF
PUBLIC CONVENIENCE OR NECESSITY (PCN 2021-01) FOR THE SALE OF
BEER AND WINE (TYPE 20 ABC) FOR OFF-SITE CONSUMPTION ON LOT 3 OF
TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City
of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes
the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery
store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a
separate drive-through car wash with 369 parking spaces, which would be constructed in two
phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include
a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross
acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre
site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No.
2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10
would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2,
Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would
establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine
for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02
includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled
spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No.
2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on
Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the
entire Project site that includes architectural elevations, on-site stormwater management
improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program
(SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated
framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the
intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020-
018, and 377-020-019); and,
Whereas, the applicant is requesting approval of Public Convenience or Necessity No.
2021-01 for finding of Public Convenience or Necessity for concurrent sale of beer and wine for
off-site consumption (Type 20 ABC) within an approximately 4,088 SF convenience store and a
gas station located in Lot 3 of TPM 38195/TPM 38281; 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,
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PC Reso. No. 2023-19
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Whereas, pursuant to City Council Resolution No. 2008-83, Section 17.410.070
(Approving Authority), and Section 17.410.030 (Multiple Applications) of the Lake Elsinore
Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the
responsibility of making recommendations to the City Council (Council) pertaining determinations
on 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 October 18, 2022, November 15, 2022, and April 4, 2023, at a duly noticed
Public Hearing, 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. 427.50, which contains five (5)
off-premise alcohol establishment licenses. ABC guidelines only allows for two (2) 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 No. 2021-01 for sale of beer and wine for off-site consumption (Type 20 ABC):
1. The use is essential or desirable to the public convenience and public welfare.
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.
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PC Reso. No. 2023-19
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3. The use conforms to good zoning practices and development standards.
The current zoning for the subject site is General Commercial (C-2). Section 17.124.020 of
the C-2 zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone
are also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and
food stores as permitted uses. Section 17.124.030 of the C-2 zone states that uses subject to
a conditional use permit listed in the C-1 zone are also permitted in the C-2 zone subject to a
Conditional Use Permit. Section 170.120.030 of the C-1 zone permits gasoline dispensing
establishments subject to a Conditional Use Permit. A Design Review (CDR 2021-17) and a
Conditional Use Permit (CUP 2021-11) are being concurrently processed 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 are 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 recommends that the Council
make findings of Public Convenience and Necessity (PCN 2021-01) for concurrent sale of beer
and wine for off-site consumption (Type 20 ABC).
Section 4: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, this 4th day of April, 2023.
Matthew Dobler, Chairman
Attest:
___________________________________
Damaris Abraham,
Interim Asst. Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
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I, Damaris Abraham, Interim Asst. Community Development Director of the City of Lake Elsinore,
California, hereby certify that Resolution No. 2023-19 was adopted by the Planning Commission
of the City of Lake Elsinore, California, at a regular meeting held April 4, 2023 and that the same
was adopted by the following vote:
AYES: Commissioners Peters and Gray; Vice Chair Carroll; Chair Dobler
NOES:
ABSTAIN:
ABSENT: Commissioner Klaarenbeek
Damaris Abraham,
Interim Asst. Community Development Director
DocuSign Envelope ID: 39054DBE-C20A-42E5-B839-6D22B9E20E24