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HomeMy WebLinkAboutResolution 2020-56 PCN 2020-02 Sale of Alcoholic Beverages 31091 Riverside Drive RESOLUTION NO. 2020-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING FINDINGS OF PUBLIC CONVENIENCE AND NECESSITY (PCN 2020-02) FOR ONSITE SALE OF ALCOHOLIC BEVERAGES (TYPE 48 ABC) LOCATED AT 31091 RIVERSIDE DRIVE (APN: 379-224-015) Whereas, Joanne Yutthayot and Michael Whitlock have filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2020-90 (Conditional Use Permit No. 2020-07 and Public Convenience or Necessity No. 2020-02) to establish a new bar and entertainment center within an existing 1,464 sq. ft. retail space with onsite sale of alcoholic beverages (Type 48 On-Sale General). The project is located at the southwest corner of Lakeshore Drive and Riverside Drive, more specifically 31091 Riverside Drive. (APN: 379- 224015); 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 September 1, 2020, 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. 430.05, which contains eight (8) onsale 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. Section 2: The Commission makes the following findings for Public Convenience or Necessity for the sale of beer, wine, and distilled spirits for on-site consumption (ABC Type 48 License): DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548 PC Reso. No. 2020-56 Page 2 of 3 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 music, televised sporting events, and fundraisers 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). The bar will be located in an existing commercial building and meets all the development standards of the C2 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 alcoholic beverages (Type 48 On-Sale General) at 31091 Riverside Drive 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. DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548 PC Reso. No. 2020-56 Page 3 of 3 Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 1st day of September 2020. Rendell Klaarenbeek Chair Attest: ___________________________________ Justin Kirk, Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2020-56 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on September 1, 2020 and that the same was adopted by the following vote: AYES: Commissioners Gray, Dobler; and Ross; Vice Chair Armit; and Chair Klaarenbeek NOES: None ABSENT: None ABSTAIN: None Justin Kirk, Assistant Community Development Director For: For: DocuSign Envelope ID: A95DBEC0-33F3-4B72-BBA4-36A565C91548