HomeMy WebLinkAboutPC Reso 2023-32 PCN 2023-01
RESOLUTION NO. 2023-32
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.
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PC Reso. No. 2023-32
Page 2 of 3
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.
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Passed and Approved at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, on this 16th day of May 2023.
Michael Carroll
Vice Chair
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. 2023-32 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: Commissioners Peters, Klaarenbeek, and Gray; and Vice Chair Carroll
NOES: None
ABSENT: None
ABSTAIN: None
Damaris Abraham,
Interim Assistant Community Development Director
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