City of MurrietaCity of Murrieta

Public Hearing Item #1Public Hearing Item #1

Appeal 009-2817

Wine & Spirits (Liquor Store)

City CouncilCity Council

Original Request / ProposalOriginal Request / Proposal

A request by Gimel Properties, LLC appealing the A request by Gimel Properties, LLC appealing the Planning Commission’s denial of Revised Permit 008-2752 Planning Commission’s denial of Revised Permit 008-2752 and make a Finding of Public Convenience or Necessity to and make a Finding of Public Convenience or Necessity to allow the establishment of a wine and spirits store for the allow the establishment of a wine and spirits store for the sale of beer, wine, and hard liquors for the purpose of off-sale of beer, wine, and hard liquors for the purpose of off-site consumption with on-site wine tasting as an accessory site consumption with on-site wine tasting as an accessory use. use.

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| October 20, 2009City of Murrieta City CouncilCity of Murrieta City Council

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| October 20, 2009City of Murrieta City CouncilCity of Murrieta City Council

HistoryHistory

Three applications for alcohol sales received for the site. Three applications for alcohol sales received for the site. Amaui Farms Specialty Grocery – Approved 6/24/09Amaui Farms Specialty Grocery – Approved 6/24/09 Wine and Spirits, with Wine Tasting (Liquor Store) – Wine and Spirits, with Wine Tasting (Liquor Store) –

Denied 4/22/09Denied 4/22/09 Convenience Store – Denied 4/22/09Convenience Store – Denied 4/22/09

Appeal Submitted 5/4/09Appeal Submitted 5/4/09

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| October 20, 2009City of Murrieta City CouncilCity of Murrieta City Council

Land Use MapLand Use Map

Site Land Use/ZoningSite Land Use/Zoning Village Mixed Use / Historic Village Mixed Use / Historic

Murrieta Specific PlanMurrieta Specific Plan

Surrounding Land Use/ ZoningSurrounding Land Use/ Zoning North: Village Public – Civic – North: Village Public – Civic –

Institutional / Historic Murrieta Institutional / Historic Murrieta Specific PlanSpecific Plan

South: Village Mixed Use / South: Village Mixed Use / Historic Murrieta Specific PlanHistoric Murrieta Specific Plan

East: (across Jackson Avenue) East: (across Jackson Avenue) Multiple Use – 3 (MU-3) / Multi-Multiple Use – 3 (MU-3) / Multi-familyfamily

West: Village Single-Family West: Village Single-Family (VRM – 1) / Historic Murrieta (VRM – 1) / Historic Murrieta Specific PlanSpecific Plan

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| October 20, 2009City of Murrieta City CouncilCity of Murrieta City Council

Project DescriptionProject Description

Liquor Store with on-site Wine Tasting (North Building)Liquor Store with on-site Wine Tasting (North Building)8,000 square feet 8,000 square feet

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| October 20, 2009City of Murrieta City CouncilCity of Murrieta City Council

Revised ProposalRevised Proposal

Requested modification to provide only wine and beer sales, Requested modification to provide only wine and beer sales, with wine tasting (no hard liquor).with wine tasting (no hard liquor).

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| October 20, 2009City of Murrieta City CouncilCity of Murrieta City Council

Public Convenience or NecessityPublic Convenience or Necessity

ABC requires Findings of Public Convenience or Necessity ABC requires Findings of Public Convenience or Necessity when an overconcentration of off-sale licenses exists.when an overconcentration of off-sale licenses exists.

The Census Tract in which the project site is located has an The Census Tract in which the project site is located has an overconcentration of ABC off-site licenses. overconcentration of ABC off-site licenses.

The Census Tract in which the project site is located is The Census Tract in which the project site is located is allocated 4 licenses, while it presently has 13 licenses, with 1 allocated 4 licenses, while it presently has 13 licenses, with 1 pending for Amaui Farms. pending for Amaui Farms.

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| October 20, 2009City of Murrieta City CouncilCity of Murrieta City Council

ABC LicensesABC Licenses

Brand X LiquorBrand X Liquor

Murrieta Country Murrieta Country MarketMarket

BevMoBevMo

ArcoArco

ChevronChevron

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| October 20, 2009City of Murrieta City CouncilCity of Murrieta City Council

Application/RegulationApplication/Regulation

Murrieta Historic Specific Plan - allows the retail sale of Murrieta Historic Specific Plan - allows the retail sale of alcoholic beverages, however, relies on Development Code alcoholic beverages, however, relies on Development Code standards.standards.

Development Code - when ABC regulations requires a Development Code - when ABC regulations requires a finding of Public Convenience or Necessity, an application finding of Public Convenience or Necessity, an application for a Revised Permit is required.for a Revised Permit is required. Requires minimum separation for 1,000 feet from Requires minimum separation for 1,000 feet from

sensitive land uses and 500 feet from residential zones.sensitive land uses and 500 feet from residential zones. Multi-family development is located within 500 feet.Multi-family development is located within 500 feet. Town Square Park is located to the north, within Town Square Park is located to the north, within

1,000 feet.1,000 feet.

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| October 20, 2009City of Murrieta City CouncilCity of Murrieta City Council

Sensitive Land Uses Sensitive Land Uses within 1,000 and 500 within 1,000 and 500 feet of the project site.feet of the project site.

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| October 20, 2009City of Murrieta City CouncilCity of Murrieta City Council

RecommendationRecommendation

That the City Council deny Appeal 009-2817 and uphold That the City Council deny Appeal 009-2817 and uphold the Planning Commission’s denial of Revised Permit the Planning Commission’s denial of Revised Permit 008-2752 for a Finding of Public Convenience or 008-2752 for a Finding of Public Convenience or Necessity to all the sale of alcoholic beverages from a Necessity to all the sale of alcoholic beverages from a proposed liquor store.proposed liquor store.