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HomeMy WebLinkAboutBusiness Item. 4- (PCN No. 2023-01) Goblets and Growler4.Finding of Public Convenience or Necessity (PCN No. 2023-01) Goblets and Growlers 1.Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2023-01) FOR ONSITE SALE OF BEER AND WINE (TYPE 42 ABC) LOCATED AT 31796 CASINO DRIVE SUITE K (APN: 363-171-018). Page 1 of 3 REPORT TO PLANNING COMMISSION To:Honorable Chair and Members of the Planning Commission From:Damaris Abraham, Interim Assistant Community Development Director Prepared by:Carlos Serna, Assistant Planner Date:May 16, 2023 Subject:Finding of Public Convenience or Necessity (PCN No. 2023-01) Goblets and Growlers Applicant:Lukas Barnes Recommendation Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2023- 01) FOR ONSITE SALE OF BEER AND WINE (TYPE 42 ABC) LOCATED AT 31796 CASINO DRIVE SUITE K (APN: 363-171-018). Background On June 1, 2021, the Planning Commission approved Planning Application No. 2021-14 (Conditional Use Permit No. 2021-02) to establish a new bar and entertainment center within an existing 936 sq. ft. retail space with onsite sale of alcoholic beverages (Type 42 On-Sale Beer & Wine – Public Premise). 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. Goblets and Growlers PCN Page 2 of 3 4 7 2 Project Location The project is located on 31796 Casino Drive Suite K, generally located approximately 2,500 ft. southeast of the intersection of Casino and Diamond Drive and more specifically referred to as Assessor Parcel Number: 363-171-018. Project Description The applicant is requesting approval of Public Convenience or Necessity No. 2023-01 for finding of Public Convenience or Necessity for the sale of beer and wine for onsite consumption (ABC Type 42 On-Sale Beer & Wine – Public Promises) within an approximately 963 sq. ft. bar and entertainment center. Discussion The facility includes a bar and entertainment center within an existing 963 square foot retail space. The applicant is proposing to utilize the facility as a taproom with onsite consumption and a filling station for stainless steel bottles, growlers and miniature kegs for offsite consumption. Bottled beer and wine will also be for sale for on and offsite consumption. In addition, to the sales of beer wine, the proposed facility would include several custom-built arcade style video games, food service consisting of the sales of prepackaged and simple prepared food items and a small farmer’s market that will sell several locally produced products. The proposed facility would be in operation 10:00am-10:00pm daily. The project is located within Census Tract No. 464.04, which contains twelve (12) on-sale alcohol establishment licenses. ABC guidelines only allows for five (5) on-sale 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. 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 site is General Commercial (C-2). Section 17.124.030.A of the C‐2 zone, states that uses permitted subject to a Conditional Use Permit in the Neighborhood Commercial (C‐1) as contained in Section 17.120.030 are also permitted in the C‐2 district. Per Section 17.120.030.B of the C‐1 district permits bars subject to a conditional use permit pursuant to Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC). A Conditional Use Permit (CUP 2021-02) has been approved for the subject property. The bar is located in an existing commercial building and meets all the development standards of the C-2 zone. 3. The business will provide a unique entertainment venue with a safe and comfortable atmosphere. The availability of alcohol for on-site consumption with on-site entertainment Goblets and Growlers PCN Page 3 of 3 4 7 2 in the form of state-of-the-art arcade cabinets and videogame consoles allows customers to have readily available service in one location where they would otherwise be obliged to travel to other locations; thus, the establishment of on-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 use is located in a commercial shopping center away from churches, schools, and residences. The facility will implement safeguards to ensure public safety such as requiring Licensee Education on Alcohol and Drugs (LEAD) training for all bartenders, safe ride home program, and security checks of interior and exterior premises. In addition, the bar 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 Goblets and Growlers to sell beer and wine for on-site consumption (ABC Type 42 License) and authorize the Director of Community Development to issue the letter of Public Convenience and Necessity. Attachments Attachment 1 – PCN Resolution Attachment 2 – Use Description Attachment 3 – GIS Exhibits Attachment 4 – Project Plans RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2023-01) FOR ONSITE SALE OF BEER AND WINE (TYPE 42 ABC) LOCATED AT 31796 CASINO DRIVE SUITE K (APN: 363-171-018) Whereas, Lukas Barnes has filed an application with the City of Lake Elsinore (City) requesting approval of Public Convenience or Necessity No. 2023-01 for finding of Public Convenience or Necessity for the sale of beer and wine for onsite consumption (ABC Type 42 On-Sale Beer & Wine – Public Promises) within an approximately 963 sq. ft. bar and entertainment center. The project is generally located approximately 2,500 ft. southeast of the intersection of Casino and Diamond Drive, more specifically 31796 Casino Drive, Suite K (APN: 363-171-018); 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 May 16, 2023, 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. 464.04, which contains twelve (12) on-sale alcohol establishment licenses. ABC guidelines only allows for four (4) on-sale 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. PC Reso. No. 2023-____ Page 2 of 3 2 6 9 6 2 Section 2: The Commission makes the following findings for Public Convenience or Necessity (PCN 2023-01) for the sale of beer and wine for on-site consumption (ABC Type 42 License): 1. The use is essential or desirable to the public convenience and public welfare. The business will provide a unique entertainment venue with a safe and comfortable atmosphere. The availability of alcohol for on-site consumption with on-site entertainment in the form of state-of-the-art arcade cabinets and videogame consoles allows customers to have readily available service in one location where they would otherwise be obliged to travel to other locations; thus, the establishment of on-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 proposed sale of alcohol would not be detrimental to the public health, safety, or welfare because the proposed use is located in a commercial shopping center away from churches, schools, and residences. The facility will implement safeguards to ensure public safety such as requiring Licensee Education on Alcohol and Drugs (LEAD) training for all bartenders, safe ride home program, and security checks of interior and exterior premises. In addition, the bar 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 site is General Commercial (C-2). Section 17.124.030.A of the C‐2 zone, states that uses permitted subject to a Conditional Use Permit in the Neighborhood Commercial (C‐1) as contained in Section 17.120.030 are also permitted in the C‐2 district. Per Section 17.120.030.B of the C‐1 district permits bars subject to a conditional use permit pursuant to Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC). A Conditional Use Permit (CUP 2021-02) has been approved for the subject property. The bar is located in an existing commercial building and meets all the development standards of the C-2 zone. 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 onsite sale of beer and wine (Type 42 On-Sale Beer and Wine) at 31796 Casino Drive, Suite K and authorizes the 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. 2023-____ Page 3 of 3 2 6 9 6 2 Passed and Adopted on this 16th day of May, 2023. Michael Carroll, Vice-Chairman Attest: ___________________________________ Damaris Abraham, Interim Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Interim Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023-__ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on May 16, 2023 and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Damaris Abraham, Interim Assistant Community Development Director What is Goblets & Growlers? Yes, Goblets and & Growlers is a bar. With 16 taps, local breweries only, our goal is to bring the areas beers you know and love, to a place closer to home. After all, who wants to drive 30 minutes out of the way on the way home just to grab a six pack of something other than the same generic stuff at every grocery store and gas station. At Goblets & Growlers, not only can you get the local brews you know and love, but we encourage people to fill up their growlers and drink them at home. You see, at our store, beer is actually cheaper when you fill up a growler. Other bars charge you $7 or $8 to drink beer there, then if you try to fill up a growler, they still charge you $8 a pint! I know what you’re saying, “well, if I’ve got to pay $7 a pint to drink this beer at home, I might as well drink here at the bar where there are people and games and fun!” When you fill up a growler to drink at home, you will pay $4 a pint. By lowering the cost of the beer to drink at home, it encourages our patrons to stop by for a beer, play some video games, fill up their growler, and continue drinking at home where we will not have drunk drivers on the road. Speaking of video games, Goblets & Growlers is the future of arcades. What do I mean by that? Well for starters, we do not have standard arcade machines. All our arcade cabinets are custom built by me. Each cabinet is equipped with a computer inside, which means I can put any game any player wants, at any time. You can seamlessly go from Pac-man to street fighter, to the brand-new games of tomorrow all without ever having to shift to a new cabinet. That means more action with less floor space. What about the fact that all console video games are online these days? Behind the bar we have two Xbox’s that are linked together, so you can play games while rubbing elbows with your friends, the way games were meant to be played. Gone are the days of arcades with 50 machines each having only one game on each, taking up a massive floor space, and wasting tons of electricity. We also have a full motion racing simulator. No matter if you’re a simulation racing fan, who enjoys the realism of track racing, or you’re an adrenaline junky who wants to go off-roading, the motion platform used in our racer has 3 axes of movement, so you’ll feel every time your car loses traction, or you make that big jump. This is the kind of gaming adults have come to expect in the year 2023. The cherry on top? Goblets & Growlers is 21 and older. Meaning that adults can unwind and game and have fun, without having to worry about children running around messing things up, or having to always mind the language being used. This is a safe place for adults to unwind where there’s actual fun to be had! There will be no sports on at this bar. Every bar is a sports bar. This is a place for those who want to do something more than watch guys run up and down a field. This is a place for those who grew up with arcades and watched them fade into obscurity but never lost the love of that environment. This, is Goblets & Growlers.