PC Resolution-19-01-22-03PC RESOLUTION NO. 19-01-22-03
PUBLIC CONVENIENCE OR NECESSITY (PCN)
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ISSUE A
LETTER OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO THE CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR THE ISSUANCE
OF A TYPE 20 LICENSE FOR THE PREMISES AT 26571 JUNIPERO SERRA ROAD.
(ASSESSOR PARCEL NUMBER 649-361-04) (APPLICANTS: SORIN ENACHE AND
FRED COHEN)
Whereas, pursuant to applicable prov1s1ons of the Business and
Professions Code, the Department of Alcoholic Beverage Control (hereinafter the
"Department") is charged with the responsibility of reviewing applications and issuance of
licenses ("licenses") for the sale and/or manufacture of alcoholic beverages in the State
of California; and
Whereas, Section 23958 of the Business and Professions Code provides
that the Department shall deny an application for a license if issuance of that license
would tend to create a law enforcement problem, or if issuance would result in or add to
an undue concentration of licenses, except as provided in Section 23958.4 of said
Business and Professions Code; and
Whereas, the subject business is located in Census Tract 423.12 with
population such that the Department may permit up to five (5) off-sale licenses before an
undue concentration would exist, and there are currently thirteen (13) off-sale licenses in
Census Tract 423.12; and,
Whereas, Section 23958.4 of the Business and Professions Code provides
that, notwithstanding the limitations of Section 23958, the Department shall issue a
license if the applicant shows that "public convenience or necessity" would be served by
the issuance of such license; and
Whereas, said Section 23958.4 further provides that the determination of
"public convenience or necessity" shall be made by the Department with regard to certain
applications, and shall be made by the local governing body of the area in which the
applicant premises are located with regard to certain other applications; and
Whereas, as a local governing body within the meaning of said Section
23958.4 of the Business and Professions Code, the City Council of the City of San Juan
Capistrano (hereinafter the "City Council") has the discretion to determine when the public
convenience or necessity would be served by allowing an alcohol license in an area where
there is an undue concentration of licenses; and
Whereas, Determination of Public Convenience or Necessity is proposed in
conjunction with Conditional Use Permit 18-010 to allow for the retail sale of beer and
wine for off-site consumption in conjunction with the operation of an existing service
station; and
Whereas, under state law Section 23790 of the Business and Professions
PC Resolution 19-01-22-03 2 January 22. 2019
Code, the Department may not issue an alcohol license if it violates an existing local
zoning ordinance; and,
Whereas, the subject site has a Land Use designation of Neighborhood
Commercial and is zoned Neighborhood Commercial (NC) which encourages retail sales
and allows the sales of alcoholic beverages subject to a Conditional Use Permit (CUP);
and
Whereas, Bill Stewart, owner of the subject business and property, has
requested approval of Conditional Use Permit (CUP) 18-010, a request to allow the sale
of beer and wine for off-site consumption in conjunction with the operation of an existing
Chevron service station, Architectural Control (AC) 18-028 a request to allow an 269
square foot expansion and conversion of an auto repair facility associated with the
Chevron service station into a small market and a Sign Program (SP) 18-030 to allow a
new building mounted sign, signs on the pump and a digital monument price sign located
at 26571 Junipero Serra Road (Assessor Parcel Number 649-361-04); and
Whereas, Bill Steward is the owner of real property located 26571 Junipero
Serra Road (Assessor Parcel Number 649-361-04 ); and
Whereas, the proposed project has been processed pursuant to Section 9-
2.301, Development Review of the Land Use Code; and
Whereas, the Environmental Administrator has reviewed the project
pursuant to the California Environmental Quality Act (CEQA) and determined that the
project qualifies for a Class 1 categorical exemption involving negligible or no expansion
and interior or exterior alterations. A Notice of Exemption will be filed; and
Whereas, the Planning Commission has considered the Environmental
Administrator's determination pursuant to the California Environmental Quality Act
(CEQA); and
Whereas, the Planning Commission conducted a duly-noticed public
hearing on January 22, 2019 pursuant to Title 9, Land Use Code, Section 9-2.302 to
consider public testimony on the proposed project and has considered all relevant public
comments.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning
Commission of the City of San Juan Capistrano does hereby recommends that the City
Council issue a Letter of Public Convenience or Necessity stating that the public
convenience or necessity would be served by the proposed retail sale of beer and wine,
in conjunction with a service station for the following reasons:
1. The proposed use, as conditioned, will not adversely affect the adjoining land uses
in the area in which it is located because the sale of beer and wine is ancillary to
the primary service station use product mix provided, including gasoline and
convenience food products; and
2. That although the proposed location is within a census tract with an undue
concentration of retail alcohol licenses, the project has been conditioned and
designed to minimize impacts to the surrounding community; and
PC Resolution 19-01-22-03 3 Jan uary 22. 2019
3. That although the proposed location is within a census tract with an undue
concentration of retail alcohol licenses, a geographic analysis of the existing off-
sale alcohol licenses show only one of the thirteen existing off-sale licenses are
located within 1,000 feet of the subject site. As a result, the area in the immediate
vicinity does not have a large concentration of off-sale retailers; and
4. That although there are other off-sale licenses in the area, each store-Rite Aid,
Vons, Ralphs, Churchill Liquor, etc.-is distinct in its size, targeted clientele, and
business model. Establishing this off-sale outlet will allow the convenience of
one-stop shopping for food, retail, and alcohol.
CUSTODIAN OF RECORDS: The documents and materials associated
with this Resolution that constitute the record of proceedings on which these findings are
based are located at San Juan Capistrano City Hall, 32400 Paseo Adelanto, San Juan
Capistrano, California 92675. The Development Services Director is the custodian of the
record of proceedings.
PROTEST OF FEES, DEDICATIONS, RESERVATIONS OR OTHER
EXACTIONS: Pursuant to Government Code Section 66020, the applicant may protest
the imposition of fees, dedications, reservations or other exactions imposed on this
development project by taking the necessary steps and following the procedures
established by Sections 66020 through 66022 of the California Government Code.
PASSED, APPROVED AND ADOPTED this 22nd day of January, 2019.
Tim ~~k€=