HomeMy WebLinkAboutResolution 2020-64 PCN 2020-05 Sale of Beer & Wine 508 Main Street
RESOLUTION NO. 2020-64
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, MAKING FINDINGS OF PUBLIC CONVENIENCE
OR NECESSITY (PCN 2020-05) FOR THE SALE OF BEER AND WINE (TYPE
20 ABC) FOR OFF-SITE CONSUMPTION LOCATED AT 508 MAIN STREET
(APNS: 377243-002, 003, 004, 05, 006 & 007)
Whereas, Scott Moreland, Boos Development West, LLC has filed an application with the City of
Lake Elsinore (City) requesting approval of Public Convenience or Necessity No. 2020-05 for
concurrent sale of beer and wine for off-site consumption (ABC Type 20 License) within an
approximately 3,200 sq. ft. convenience store and a gas station. The project is located the east
side of Main Street between Flint Street and the I-15 Freeway southbound onramp (APNs:
378243-002, 003, 004, 005, 006 & 007); 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 November 17, 2020, 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. 430.01, which contains four (4)
offpremise alcohol establishment licenses. ABC guidelines only allows for three (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):
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PC Reso. No. 2020-64
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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. The facility will incorporate operating procedures such as robbery prevention and
awareness training, security alarm systems, and physical security that includes a high
definition closed-circuit television system. 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 General Commercial (C-2). The proposed
convenience store is a permitted use subject to Section 17.124.020(B) of 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 2019-17) and a Conditional Use Permit (CUP 2019-11) 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 (Type 20 Off-Sale Beer and
Wine) at 508 Main Street (APNs: 377-243-002, 003, 004, 05, 006 & 007) 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.
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Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, this 17th day of November 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. 2020-64 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on November 17, 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:
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