Hemet City Council
June 14, 2022

13.B

Hemet Municiga
WHEREA , the pub ice by advertising
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45 CITYOF HEMET

PLANNINGCOMMISSION
RESOLUTIONBILL NO. 14-019

A RESOLUTIONOF THE PLANNINGCOMMISSIONOF

THE CITY OF HEMET, CALIFORNIA DENYING
CONDITIONAL USE PERMIT NO. 14-003 FOR AN
UPGRADE OF AN EXISTINGTYPE 20 ABC LICENSE
FOR THE SALE OF BEER AND WINE TO A TYPE 21
GENERALABC LICENSE FROM 6:00 A.M. TO 2:00 A.M.,
SEVEN DAYS A WEEK, AT AN EXISTING 76 GAS
STATION LOCATED AT 1111 SANDERSONAVENUE, ON

THE WEST SIDE OF SANDERSONAVENUE, SOUTH OF
STETSONAVENUE. (APN 460-250-023)
WHEREAS, an application for Conditional Use Permit No. 14-003 to upgrade from a Type 20 ABC License for the sale of beer and wine from an existing 76 gas station located at 1111 Sanderson Avenue, to a Type 21 General ABC License for the sale of beer, wine, and distilled spirits has been duly ?led by:

Owner: Robert Zakar, Just 4 Fun, LLC
Agent: Robert Zakar
Project Location: 1111 Sanderson Avenue
APN: 460-250-023
WHEREAS, the Planning Commission has the authority per section 90-42 et seq. and section 90-90 of the I Code to take action on ConditionalUse Permit No. 14-003 to allow for the ABC License upgrade for the 76 gas station convenience store; and
S, on July 3, 2013 City gave lic not in the
Press and by mailing to p rty owners n 1,00 ng of a
public hearing at which the project would be considered by the Planning Commission; and
WHEREAS, on July 15, 2014, the Planning Commission opened the public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the Conditional Use Permit and at which the Planning Commissio n
Planning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station
Page1of11

13.B

WHEREAS, on August 5, 2014. the Planning Commission reopen the public aring at which interested persons had an opportunity to testify in s port of, or position to, the Conditional Use Permit and at which the Planning ommission nsidered the Conditional Use Permit; and
Hemet Municigai Code
continued the public hearing for ConditionalUse Permit No. 14-003 to August 5, 2014 at the request of the Applicant;and
ed
he up
op C
CO
WHEREAS,the Planning Commission has made ?ndings which indicate that the location forthe proposed conditionaluse is not suitable for the proposed use; and WHEREAS, the Planning Commission has determined that an upgrade of the existing Type 20 Off-Sale ABC license to a new Type 21 General Off-Sale License for the proposed conditionaluse is not a convenience or necessity to the public; and WHEREAS, the Planning Commission has made findings which indicate that the Census Tract in which the proposed conditional use is located has an undue concentration of Off-Sale ABC licenses; and
WHEREAS, the Planning Commission finds that upgrading the existing Off-Sale ABC license from a Type 20 to a Type 21 within Census Tract No 435.04 will create an unwanted precedent for other existing Off-Sale ABC licenses in this Census Tract and other Census Tracts in the City of Hemet; and
WHEREAS, The CaliforniaEnvironmentalQuality Act (CEQA)does not apply to projects which an agency disapproves. (CEQA Guidelines Section 15270).

NOW, THEREFORE, the Planning Commission of the City of Hemet does Resolve, Detennine, Find and Order as follows:

SECTION 1: ENVIRONMENTALFINDINGS
Pursuant to the California Environmental Quality Act (CEQA) Guidelines (Title 14 California Code of Regulations Section 15000 et seq.) section 15270, CEQA does not apply to projects which an agency disapproves.

SECTION2: CONDITIONALUSE PERMIT
Pursuant to Section 90-42, and in light of the record before it, including the staff report dated September 17. 2013, and all evidence and testimony Planning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

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I . ...I:|.r. |1||inu1

13.B

Cond i1iona| Use Eermit
appropria
LVL&
di?ere
1 2
heard at the public hearing of this item, the Planning Commission hereby ?nds as follows:
(Section 90-42),
That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the zone in which the site is located; and,
The existing site has a Type 20 ABC license allowing the sale of beer and wine. The City of Hemet and the ABC have previously detennined that the site is te for its current use. VI/ithinthe same center (Page Plaza), Walgreens Dnrg Store and Walmart operate with a Type 21 ABC License, which is appropriate for the Community Commercial zone, subject to review and approval of a Conditional Use Permit.

That the proposed location of the conditional use and the conditions under which it would be operated or maintained detrimental to the public health, safety or welfare, and materially injurious to properties or improvements in the vicinity.

The Hemet Police Department has recently provided statistics for addresses along Sanderson Avenue in Page Plaza, where the 76 gas station is located. Over the last 18 month period the Hemet Police Department has responded to 1,670 calls for service to the immediate vicinity of South Sanderson, including 1,244 calls to Walmart which has a Type 21 ABC License, and 60 calls to Walgreens which has a Type 21 ABC License. Combined, these two locations make up 78 percent of all calls for service to Page Plaza addresses on Sanderson Avenue. Sta? is concerned that an upgrade in the type of ABC License will have the potential to increase nuisance and criminal behavior including alcoholrelated crimes and more serious criminal offenses.

The Hemet Police Department reported. that from January 1, 2014 through June 30, 2014, there were a total of 691 calls for service to 25 different Type 20 ABC License locations in the City. This averages to about 28 calls per location during the ?rst six months of 2014. In contrast, HPD reported that from January 1, 2014 through June 30, 2014, there were a total of 1,758 calls for service to 35 nt Type 21 ABC License locations in the City. This averages to about 50 calls per location during the ?rst six months of 2014. Therefore, it is sta?"s assertion that Citywide, the number of police department calls for service to Type 21 License locations willbe substantially greater than the police department calls for service to Type 20 License locations.

Planning Commission Resolution BillNo. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

13.B

Hemet Municigal Code
Sugglemental Conditional Use Permit Findings Reguired for Alcohol Sales:
comglies
¢D®\IOJU'l-l>O)l\)—¥

3. That the use and operation is not consistent withthe general plan.

The proposed use is not consistent with the following General Plan 2030 Goal, Healthy Communities Goal LU-15.5 — Unhealthy Development Pattems — Create, update, and enforce regulations and laws pertaining to the location, retailing, and use of unhealthy substances such as tobacco, marijuana and other drugs, and alcohol.

The proposed use is immediately adjacent to a Walgreens Drug Store which also has a Type 21 Off-Sale General ABC License. Walgreens is immediately north of the subject property and shares an inter-connected drive aisle with the 76 gas station. The subject site is also located withi the Page Plaza Shopping Center where Walmart is located. Walmartn also has a Type 21 ABC License and, therefore, the proposed conditional use is neither necessary nor convenient. Allowingthe proposed use would be counter to the general plan goal of enforcing regulations pertaining to the location and retailing of alcoholic beverages. The over-concentration of both Type 20 and Type 21 in the Page Plaza shopping center is not good land use planning. The purpose of this general plan goal is to prevent the concentration of alcohol uses and sales in one location.

SECTION 3: CONDITIONALUSE PERMIT, SUPPLEMENTAL FINDINGS FOR

ALCOHOL SALES
Pursuant to Section 90-90(c)2, and in light of the record before it, including the staff report dated July 15, 2014, and all evidence and testimony heard at the public hearing of this item, the Planning Commission hereby ?nds as follows:
(1) The use with all of the following separation requirements.

Notwithstanding the foregoing, the decision making body may issue a Conditional Use Pennit to a use that does not comply with one or more of the following separation standards if it ?nds that unique circumstances exist that justify noncompliance with the separation standard(s).

6. The use l_.S_‘ located at least 600 feet, as measured from property line to property line, from any existing public or private schools (K through 12), public parks, or places of worship;
The proposed project meets all
requirements.
of the above separation
Planning Commission Resolution Bill No. 14-019
CONDITIONAL USE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station
Page4of11

13.B

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(2)
(3)
b. The use LSlocated at least 100 feet, as measured fromproperty line to property line, from existing residential uses or land that is zoned for residential uses.

The proposed use is located more than 100 feet away from any residential uses.
c. The use IS located at least 1000 feet, as measured from property line to property line, from existing pamlee-probationer homes, emergency shelters, supportive housing, or transitionalhousing.

There are no known, or licensed, parolee-probationer homes, emergency shelters, supportive housing, or transitional housing within 1000 feet of the proposed use.

The use Q fully visible from a public street with an unobstructed view from the public street for public safety.

The existing 76 gas station convenience store meets all requirements for visibilityincluding unobstructed views.

The proposed use will be detrimental to surrounding properties and neighborhoods including contributing to loitering, public dmnkenness, noise, obstructing pedestrian and vehiculartraffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.

The Hemet Police Department has recently provided statistics for other recent projects at other locations which indicate there is a direct correlation between the sales of spirits and alcohol-related crimes, including more serious criminal offenses. The proposed use will lead to an intensification of the existing ABC License that would permit the location to act similarly to a liquor store, for which there are many known problems in the City of Hemet. Over the last 18 month period the Hemet Police Department has responded to 1,670 calls for service to the immediate vicinity of 1111 South Sanderson, including 1,244 calls to Walmart which has a Type 21 ABC License, and 60 calls to Walgreens which has a Type 21 ABCLicense. Staff is concerned that an upgrade i the type of ABC License will have the potential to increase nuisance andn criminal behavior including alcohol-related crimes arid more serious criminal offenses such as: loitering, public drunkenness, noise obstructing pedestrian and vehicular traf?c, parking, crime, interference . with pedestrian corridors used by children, defacement and damage to structures. Combined, these two locations make up 78 percent of all calls for service to Page Plaza addresses on Sanderson Avenue.

Planning commission Resolution BillNo. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station
Page5of11

13.B

(4)
In addition, there are fourteen (14) gas stations in and around the City of Hemet, 12 within City limits and 2 in the outlying unincorporated areas, which currently have Type 20 ABC licenses. The potential approval for the 76 gas station to upgrade to a Type 21 General License would set an unwanted precedent for this kind of use.

The Hemet Police Department reported that from January 1, 2014 through June 30, 2014, there were a total of 691 calls for service to 25 different Type 20 ABC License locations in the City. This averages to about 28 calls per location during the ?rst six months of 2014. In contrast, HPD reported that from January 1, 2014 through June 30, 2014, there were a total of 1.758 calls for service to 35 different Type 21 ABC License locations in the City. This averages to about 50 calls per location during the ?rst six months of 2014. Therefore, it is staff's assertion that Citywide, the number of police department calls for service to Type 21 License locations willbe substantially greater than the police department calls for service to Type 20 License locations.

The proposed use will adversely impact the suitability of adjacent commercially zoned properties for commercial uses.

The site and the immediate vicinity are already developed with commercial uses. The proposed use will have the potential to operate like a liquor store, and have the potential to attract the same types of nuisance behaviors such as loitering, panhandling, public intoxication and vagrancy, currently encountered at existing liquor stores in the City of Hemet. The Hemet Police Department maintains statistics which indicate there is a direct correlation between the sales of alcoholic beverages and alcoholrelated crimes, including more serious criminal offenses. Over the last 18 month period the Hemet Police Department has responded to 1,670 calls for service to the immediate vicinity of 1111 South Sanderson, including 1,244 calls to Walmart which has a Type 21 ABC License, and 60 calls to Walgreens which has a Type 21 ABC License. Combined, these two locations make up 78 percent of all calls for service to Page Plaza addresses on Sanderson Avenue.

The Hemet Police Department reported that from January 1, 2014 through June 30, 2014.there were a total of 691 calls for service to 25 different Type 20 ABC License locations in the City. ‘Thisaverages to about 28 calls per location during the ?rst six months of 2014. In contrast, HPD reported that from January 1, 2014 through June 30, 2014, there were a total of 1,758 calls for service to 35 different Type 21 ABC License locations in the City. This averages to about 50 calls per location during the ?rst six months of 2014. Therefore, it is staffs assertion that Citywide, the number of police department calls for service to Type 21 License Planning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas station

13.B

Hemet Municipal Code
wouldnot
Type ABC nses. pgrad existing Type
ABC ermit Type ABC would further
locations willbe substantially greater than the police department calls for service to Type 20 License locations.

SECTION4: PUBLICCONVENIENCEOR NECESSITY
Pursuant to Section 90-90(H)3, and in light of the record before it, including the staff report dated July 15, 2014, and all evidence and testimony heard at the public hearing of this item, the Planning Commission hereby ?nds as follows, as —¥O(Om\lO)U'l-#0>l\>—*O(O®\lO)U'I-b l0—-
required by Ordinance 1858:

8. The public convenience
of the proposed use.
be served by the establishment
Per thresholds established by the California Department of Alcoholic Beverage Control (ABC), City-wide the entire City of Hemet currently has an overconcentration ratio of nearly 2:1 more licenses issued than recommended by ABC. In addition, the Census Tract in which the project is located is permitted to have four (4) (ABC allows "rounding up," a literal interpretation of the BPC statutes currentiy allows 3.2 Type 21 ABC Licenses) general retail alcohol licenses, and the Census Tract currently has four (4) 21 General lice U ing an 20
License to p a 5"‘ 21 license the
over-concentrationof this type of license withinthe Census Tract.

Based on infonnation obtained from ABC's website, there are currently a total of 123 combined active retail ABC licenses in the City of Hemet. The ABCformula for issuing alcohol licenses within Riverside County is established in the California Business and Professions Code and is as follows: The number of off-sale beer and wine licenses is limitedto one for each 2,500 people in a city or county, and the number of beer and wine licenses that can be issued in a city or county in combination with off-sale general licenses is limited to one for each 1,250 people (Section 23817.5).

The state of California Department of Finance reports that as of January 1, 2014 the City of Hemet's population is 81,537. Divided by one combined general license for each 1,250 people or portion thereof. the appropriate number of general retail alcohol licenses issued within the City of Hemet should be 66 licenses. Currently, there are 123 active ABC licenses within the City of Hemet.

Citywide, this represents an over-concentration of alcoholic beverage licenses at a ratio of nearly 2:1 higher than that recommended by the ABC.

Planning Commission Resolution No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

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13.B

l’\)—\ O(Om\lO')UI-§(.A>l\)-‘O(OO3\l 0ON—|O(OG)\lO> U1-§0)N— More specifically, the project site is located within Census Tract 435.04. The ABC website indicates Tract 435.04 has a total seventeen (17) active retail licenses, nine (9) of which are Off-Sale licenses and ?ve (5) of them are Type 20 and four (4) of them are Type 21 (General). A combined total of four (4) General ABC licenses are permitted before the tract is considered to have an undue concentration. This Census Tract has been deemed to have Undue Concentration because the Census Tract exceeds the threshold of one off-sale license per 2,500 people, or portion thereof. There are 7,743 people living in this Census Tract.

Pursuant to the threshold, there should be no more than four (4) Type 21 Licenses. The current number of Type 21 licenses is 4 Type 21 licenses. The maximum is 4. Upgrading this license to a Type 21 will be 5 Type 21 Licenses which is over the maximum before the Tract is considered to be over-concentrated.

Moreover, the proposed use is immediately adjacent to a Walgreens Drug Store which also has a Type 21 Off-Sale General ABC License. Walgreens is immediately north of the subject property and shares an inter-connected drive aisle with the 76 gas station. The subject site is also located within the Page Plaza Shopping Center where Walmart is located. Walmart also has a Type 21 ABC License and, therefore, the proposed conditional use is neither necessary nor convenient.

The proposed use 5 anticipated to be a source of nuisance behavior associated with the excessive consumption of alcoholic beverages, or the exposure of alcoholic beverages to minors.

The proposed use will have the potential to operate like a liquor store, and have the potential to attract the same types of nuisance behaviors such as loitering, panhandling, public intoxication and vagrancy, currently encountered at existing liquor stores in the City of Hemet. The Hemet Police Department maintains statistics which indicate there is a direct correlation between the sales of alcoholic beverages and alcohol-related crimes, including more serious criminal offenses. Over the last 18 month period the Hemet Police Department has responded to 1,670 calls for service to the immediate vicinity of 1111 South Sanderson, including 1,244 calls to Walmart which has a Type 21 ABC License, and 60 calls to Walgreens which has a Type 21 ABC License. Combined, these two locations make up 78 percent of all calls for service to Page Plaza addresses on Sanderson Avenue.

The Hemet Police Department reported that from January 1, 2014 through June 30, 2014, there were a total of 691 calls for service to Planning Commission Resolution Bill No. 14-019
CONDITIONAL USE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

13.B

would be
would increase
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25 different Type 20 ABC License locations in the City. This averages to about 28 calls per location during the ?rst six months of 2014. In contrast, HPD reported that from January 1. 2014 through June 30, 2014, there were a total of 1,758 calls for service to 35 different Type 21 ABC License locations in the City. This averages to about 50 calls per location during the first six months of 201

4. Therefore.it is staff's assertion that City-wide,the number of police department calls for service to Type 21 License locations will be substantially greater than the police-department calls for service to Type 20 License locations.

The proposed use
or welfare.
detrimental to the public health, safety
The proposed use would further intensify the current use in an already over-concentrated area as explained in the staff report.

The over-concentration of Type 21 ABC licenses in the Census Tract and approval of the request would set an unwanted precedent for 12 other gasoline stations in the City of Hemet that also currently have a Type 20 ABC License to sell beer and wine only.

The proposed use will have the potential to operate like a liquo store, and have the potential to attract the same types of nuisance r behaviors such as loitering, panhandling, public intoxication and vagrancy, currently encountered at existing liquor stores in the City of Hemet. Current Hemet Police Department statistics show that the two existing Type 21 ABC license locations in Page Plaza (\Nalgreens and Walmart), are responsible for 78 percent of all of the calls for service within Page Plaza that have an address on Sanderson Avenue.

The proposed use the severity of existing law
enforcement or public nuisance problems in the surrounding area.

The proposed use will have the potential to operate like a liquo store, and have the potential to attract the same types of nuisance r behaviors such as loitering, panhandling, public intoxication and vagrancy, currently encountered at existing liquor stores in the Cit of Hemet. The Hemet Police Department maintains statistics which y indicatethere is a directcorrelationbetween the sales of alcoholi beverages and alcohol-related crimes, including more c serious criminal offenses. Over the last 18 month period the Hemet Police Department has responded to 1,670 calls for service to the immediate vicinity of 1111 South Sanderson, including 1,244 calls to Walmart which has a Type 21 ABC License, and 60 calls to Walgreens which has a Type 21 ABC License. Combined, these Planning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

13.B

is not consistent
l\J—\O(O ®\lO)(J1-h03f\J-IO(D®\lO7f.7I-h~(.0l\J-I-C)CD(D\lO)fJ'I 43 two locations make up 78 percent of all calls for service to Page Plaza addresses on Sanderson Avenue.

The Hemet Police Department reported that from January 1, 2014 through June 30, 2014, there were a total of 691 calls for service to 25 different Type 20 ABC License locations in the City. This averages to about 28 calls per location during the first six months of 2014. In contrast, HPD reported that from January 1, 2014 through June 30, 2014, there were a total of 1,758 calls for service to 35 different Type 21 ABC License locations in the City. This averages to about 50 calls per location during the ?rst six months of 2014.

Therefore.it is staffs assertion that City—wide,the number of police department calls for service to Type 21 License locations will be substantially greater than the police department calls for service to Type 20 License locations.
e. The proposed use with the objectives, policies, general land uses, and programs of the general plan and any applicable speci?c plan, this Section and any applicable zoning regulations.

The proposed use is not consistent with the following General Plan 2030 Goal, Healthy Communities Goal LU—15.5— Unhealthy Development Patterns - Create, update, and enforce regulations and laws pertaining to the location, retailing, and use of unhealthy substances such as tobacco, marijuana and other dmgs, and alcohol.

The proposed use is immediately adjacent to a Walgreens Drug Store which also has a Type 21 Off-Sale General ABC License.

Walgreens is immediately north of the subject property and shares an inter-connected drive aisle with the 76 gas station. The subject site is also located within the Page Plaza Shopping Center where Walmart is located. Walmart also has a Type 21 ABC License and, therefore, the proposed conditional use is neither necessary nor convenient. Allowing the proposed use would be counter to the general plan goal of enforcing regulations pertaining to the location and retailing of alcoholic beverages. The over-concentration of both Type 20 and Type 21 ABC Licenses in one shopping center is not good land use planning. The purpose of this general plan goal is to prevent the concentration of alcohol uses and sales in one location.

SECTION 5: PLANNINGCOMMISSIONACTIONS
Planning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

13.B

The Planning Commission hereby takes the followingactions:

1. Denies Conditional Use Permit. Due to inabilityto make ALLof the ?ndings required for the approval of ConditionalUse Permit No. 14-003, the supplemental ?ndings required for approval of alcohol sales, and the ?ndings required to make a Public Convenience or Necessity determination, Conditional Use Permit No. 14-003 is hereby denied.

PASSED, APPROVED, AND ADOPTED this 5th day of August, 2014, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

John Gifford, Chairman
Hemet Planning Commission
ATTEST:

MelissaCouden, Minutes Secretary
Hemet Planning Commission
P anning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station
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CITYOF HEMET

PLANNINGCOMMISSION
RESOLUTIONBILL NO. 19-029

A RESOLUTION OF THE PLANNING COMMISSIONOF

THE CITY OF HEMET, CALIFORNIA DENYING
COND TIONAL USE PERMIT NO. 19-012 FOR AN
UPGRADE OF AN EXISTING TYPE 20 ABC LICENSE
FOR THE SALE OF BEER AND WINE TO A TYPE 21
GENERAL ABC LICENSE FROM 6:00 A.M. TO 2:00 A.M.,
SEVEN DAYS A WEEK AT AN EXISTING UNOCAL 76
GAS STATION LOCATED AT 1111 SANDERSON

AVENUE, ON THE WEST SIDE OF SANDERSON
AVENUE, SOUTH OF STETSON AVENUE. (APN 460-250-
023)
WHEREAS, an application for Conditional Use Permit No. 19-012 to upgrade from a Type 20 ABC License for the sale of beer and wine from an existing Unocal 76 gas station located at 1111 Sa Avenue, to a Type 21 General ABC License for the sale of beer, wine, and disti ts he s been duly filed by:

Owner: Just 4 Fun, LLC — Riyad Kassab
Agent: Maria R. Agha
Project Location 1111 S. Sanderson Avenue
APN: 460-250-023
WHEREAS, the Planning Commission has the authority per section 90-42 et seq. and section 90-90 of the I Code to take action on Conditional Use Permit No. 19-012 to allow for the ABC License upgrade for the Unocal 76 gas station convenience store; and
WHEREAS, on November 21. 2019, the City gave public notice by advertising in the Press Enterprise and by mailing to property owners and tenants within 500 feet, of the holding of a public hearing at which the project would be considered by the Planning Commission; and
WHEREAS, on November 25, 2019, the applicant contacted City staff to request the hearing be rescheduled to January 21, 2020, and
Planning Commission Resolution Bill No. 19-029
CONDITIONALUSE PERMITNO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

Hemet Munlcigal Code
Conditional Use Permit
(Dm\IO7UI-b(.A>I\>—¥
WHEREAS, on December 3, 2019, the Planning Commission opened the public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the Conditional Use Permit and at which the Planning Commission continued the public hearing for Conditional Use Permit No. 19-012 to January 21, 2020 at the request of the Applicant; and
WHEREAS, on January 21, 2020, the Planning Commission reopened the public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the Conditional Use Permit and at which the Planning Commission considered the Conditional Use Permit; and
WHEREAS, the Planning Commission has made findings which indicate that the location for the proposed conditional use is not suitable for the proposed use; and WHEREAS, The California Environmental Quality Act (CEQA) does not apply to projects which an agency disapproves. (CEQA Guidelines Section 15270).

NOW, THEREFORE, the Planning Commission of the City of Hemet does Resolve, Determine, Find and Order as follows:

SECTION 1: ENVIRONMENTAL FINDINGS
Pursuant to the California Environmental Quality Act (CEQA) Guidelines (Title 14 California Code of Regulations Section 15000 et seq.) section 15270, CEQA does not apply to projects which an agency disapproves.

SECTION 2: CONDITIONALUSE PERMIT
Pursuant to Section 90-42, and in light of the record before it, including the staff report dated January 21, 2020, and all evidence and testimony heard at the public hearing of this item, the Planning Commission hereby finds as follows:
(Section 90-42)
1 That the proposed location of the conditional use is not in accord with the objectives of this chapter and the purposes of the zone in which the site is located; and,
Although the existing use has a Type 20 ABC license allowing the sale of beer and wine, the proposed use represents an increase in intensity of the use which is likely to increase demand on essential public services and Planning Commission Resolution Bill No. 19-029
CONDITIONAL USE PERMIT NO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

may be detrimental to the public health, safety, and welfare due to increased crime and demand for additional police services.

That the proposed location of the conditional use and the conditions under which it would be operated or maintained willbe detrimental to the public health, safety or welfare, and materially injurious to properties or improvements in the vicinity.

The Hemet Police Department has recently provided statistics for addresses along Sanderson Avenue in Page Plaza, wherethe Unocal 76 gas station is located. From January 1, 2018 to October 09, 2019 the Hemet Police Department has responded to 1,580 calls for service to the immediate vicinity of South Sanderson, including 1,178 calls to Walmart which has a Type 21 ABC License, and 103 calls to Walgreens which has a Type 20 ABC License and, 299 calls to Unocal 76 which has a Type 20 License.

In the same general area in the Target Center, the calls for service at Target were 985, which have a Type 21 Off-Sale license, the calls for service to the 99 Cents Store were 151 and they have a Type 20 License.

Of the fourteen (14) gas stations in the City of Hemet all having Type 20 ABC licenses, Unocal 76 (Just 4 Fun) ranks ninth highest in number of service calls for the period of time from Jan 1, 2018 to October 9, 2019.

An upgrade in the type of ABC License will have the potential to further increase nuisance and criminal behavior including alcohol-related crimes and more serious criminal offenses.

That the use and operation is not consistent with the general plan elements, goals, and policies;
The proposed use is not consistent with the following General Plan 2030 Goal, Healthy Communities Goal LU-15.5 — Unhealthy Development Patterns — Create, update, and enforce regulations and laws pertaining to the location, retailing, and use of unhealthy substances such as tobacco, marijuana and other drugs, and alcohol.

That the type, sensitivity and operating characteristics of the of the proposed use, and the manner in which they will be located on the site, are not compatible with existing lands uses, the character of established neighborhoods, or planned development in the vicinity.

The proposed use is adjacent to a Walgreens Drug Store which also has a Type 20 off-sale General ABC License. Walgreens is north of the subject Planning Commission Resolution Bill No. 19-029
CONDITIONALUSE PERMIT NO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

Hemet Municipal Code
Sugglemental Conditional Use Permit Findings Required for Alcohol Sales:

C(00) \IO)U'I ®\I 0>I\)—\O<OCO\lO>U'I-P(.0I\3—¥O<Dm\IO') SECTION 3:
property and shares an inter-connected drive aisle with the Unocal 76 gas station. The subject site is also located within the Page Plaza Shopping Center where Walmart is located. Walmart has a Type 21 ABC License and, therefore, the proposed conditional use is neither necessary nor convenient. Allowing the proposed use would be counter to the general plan goal of enforcing regulations pertaining to the location and retailing of alcoholic beverages.

CONDITIONAL USE PERMIT, SUPPLEMENTAL FINDINGS FOR

ALCOHOL SALES
Pursuant to Section 90-90(c)2, and in light of the record before it, including the staff report dated January 21, 2020, and all evidence and testimony heard at the public hearing of this item, the Planning Commission hereby finds as follows:
(1) The use complies with all of the following separation requirements.

Notwithstanding the foregoing, the decision making body may issue a Conditional Use Permit to a use that does not comply with one or more of the following separation standards if it ?nds that unique circumstances exist that justify non—compliance with the separation standard(s). 8 The use Q located at least 600 feet, as measured from property line to property line, from any existing public or private schools (K through 12), public parks, or places of worship;
The proposed project meets all ‘of the above separation requirements.

The use _l§ located at least 100 feet, as measured from property line to property line, from existing residential uses or land that is zoned for residential uses.

The proposed use is located just across Sanderson Avenue from residential uses but is more than 100 feet away from any residential uses.

The use LSlocated at least 1000 feet, as measured fromproperty line to property line, from existing parolee-probationer homes, emergency shelters, supportive housing, or transitional housing.

There are no known, or licensed, parolee-probationer homes, emergency shelters, supportive housing, or transitional housing within 1000 feet of the proposed use.

Plannin Commission Resolution Bill No. 19-029
CONDITIONAL USE PERMITNO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

(2)
(3)
(4)
The use l_Sfully visible from a public street with an unobstructed view from the public street for public safety.

The existing Unocal 76 gas station convenience store meets all requirements for visibility including unobstructed views.

The proposed use will be detrimental to surrounding properties and neighborhoods including contributing to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traf?c, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.

From January 1, 2018 to October 09, 2019 the Hemet Police Department has responded to 1,580 calls forservice to the immediate vicinity of 1111 South Sanderson, including 1,178 calls to Walmart which has a Type 21 ABC License, 103 calls to Walgreens which has a Type 20 ABC License, and 299 call to Unocal 76 (Just 4 Fun) which has a Type 20 ABC License.

The Planning Commission is concerned that an upgrade in the type of ABC License will have the potential to increase nuisance and criminal behavior including alcohol-related crimes and more serious criminal offenses such as: loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, and interference with pedestrian corridors used by children, defacement and damage to structures.

In addition, there are eighteen (18) gas stations in and around the City of Hemet, 14 within City limits and 4 in the outlying unincorporated areas, which currently have Type 20 ABC licenses. The potential approval for the Unocal 76 gas station to upgrade to a Type 21 General License would set an unwanted precedent for this kind of use.

The proposed use will adversely impact the suitability of adjacent commercially zoned properties for commercial uses.

The site and the immediate vicinity are developed with commercial uses.

The proposed use will have the potential to attract the same types of nuisance behaviors such as loitering, panhandling, public intoxication and vagrancy, currently encountered at existing liquor stores in the City of Hemet. The Hemet Police Department maintains statistics which indicate there is a direct correlation between the sales of alcoholic beverages and alcohol-related crimes, including more serious criminal offenses. Over the last 20 month period the Hemet Police Department has responded to 1,580 calls for service to the immediate vicinity of 1111 South Sanderson, including 1,178 calls to Walmart which has a Type 21 ABC License, and 103 calls to Walgreens which has a Type 20 ABC License and 299 call to Unocal 76 which has a Type 20 ABC License.

Planning Commission Resolution Bill No. 19-029
CONDITIONALUSE PERMITNO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

SECTION 5: PLANNINGCOMMISSIONACTIONS
The Planning Commission hereby takes the followingactions:

1. Denies Conditional Use Permit 19-012. Due to inability to make ALL of the findings required for the approval of Conditional Use Permit No. 19-012, and the supplemental findings required for approval of alcohol sales, Conditional Use Permit No. 19-012 is hereby denied.

PASSED, APPROVED, AND ADOPTED this 21st day of January, 2020, by the following vote:

AYES:

NOES:

ABSTAIN
.ABSENT:

Vince Overmyer, Chairman
Hemet Planning Commission
ATTEST:

Gabriela Hernandez, Minutes Secretary
Hemet Planning Commission
Planning Commission Resolution Bill No. 19-029
CONDITIONAL USE PERMITNO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

Appegl gf PlanniggCommissionDecisionre PlazaLgm t Congj?onal UsePermit 21-015 and PublicConvenienceor NecgggigyDetermination22-001 submitsthis d appeal
above~menti decis
May 16,2022
Mayor and City Council
City of Hemet
445 East FloridaAvenue
Hemet,CA 92543
Re:

Dear HonorableMayor and City Council:

On May 3, 2022, the PlanningCommissionadopteda resolution approving ConditionalUse Permit 21-015and PublicConvenienceor Necessity Determination22- 001 for Applicant Plaza Liquor/Pravin Patel to operate a 2,448 square foot liquorstore in the Page Plaza Shopping Center (“Project”).

Pursuantto HemetMunicipalCode Section2-38,ConcernedCitizensof Hemet letteralongwith a complete formand processingfee to appeal the oned PlanningCommission ion to the HemetCity Council. Speci?c grounds for the appeal includethe following:

1. The necessary ?ndings cannot be made to approve a Conditional Use Permit, as the Project violatesHemet MunicipalCode, and the PlanningCommissionhas failedto produce adequate?ndings supported by evidence.

2. A Type-21 AlcoholBeverageControlLicensecannot be issuedforthe Project site becausethe census tract is alreadyoverconcentrated.

3. The Project isinconsistentwithseveralGeneralPlan elements,includingbut not limitedto: LU-4.7,LU-6.3,LU-6.7,and LU-15.5.

4. The necessary ?ndings cannot be made to approve a determinationof Public Convenienceor Necessity as the Project violatesHemet MunicipalCode Section 90-90 et seq. including Section 90-90(f)(3) and Section 90-90(h)(3).

5. Approving a ConditionalUse Pemiit and determinationof Public Convenienceor Necessityis inconsistentwiththe PlanningCommission’sprior determinationsin Resolution Bill No. 14-019 and Resolution Bill No. 19-029.

6. The ect violatestheCaliforniaEnvironmentalQualityActinthatthe Project does not qualify for an exemption, including a Class 1(a) exemption pursuant to Section 15301.
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13.B

[email protected]
isabclgf?delanogdggjggg gom
Sincerely, -
HonorableMayor and CityCouncil
AppealLetter

ConcernedCitizensof Hemetrequests that the City Counciloverturn the Planning Commission’sdecision to approve ConditionalUse Permit21-015and Public Convenienceor NecessityDetermination22-O01,pursuant to HemetMunicipalCode Section2-41.

Notice should be sent to Appellantvia this office:

Everett DeLano
Isabela Rodriguez
DeLano & DeLano
104 W. Grand Ave., SuiteA
Escondido,CA 92025
Thank you for your attention to this matter.

Everett DeLano
Enclosed:

1. April 19, 2022, LetterfromDeLano& DeLano on behalfof ConcernedCitizensof Hemetto PlarmingCommission

2. May 2, 2022, Letter from DeLano & DeLanoon behalf of ConcernedCitizensof Hemet to PlamaingCommission

13.B

City of Hemet
Planning Commission Meeting

PLANNING STAFF REPORT
Meeting: Planning Commission Meeting - May 03 2022
Department: Planning Commission
Submitted by: H. P. Kang, Community Development Director, Soledad Carrisoza, Assistant Planner
TITLE:

Conditional Use Permit 21-015 and Public Convenience or Necessity 22-001 Plaza Liquor - For the operation of a 2,448 square foot store in an existing building within the Page Plaza Shopping Center and a determination a Public Convenience or Necessity (PCN) will be served.

PROJECT APPLICANT INFORMATION:

Applicant: Plaza Liquor - Pravin Patel
Property Owner: Page Plaza LLC - Alan Hasso
Project Location: 1135 S. Sanderson Avenue
APN (s): 460-250-028
Site Area: 2,448 square feet
ATTACHMENT(S):

Attachment No. 1 - PC Resolution - Plaza Liquor
Exhibit 1B - Draft Conditions of Approval_Plaza Liquor
Attachment No. 2 - April 19, 2022 Planning Commission Staff Report Attachment No. 3 - Delano & Delano Letter 2 +Attachments_Received at April 19, 2022 Meeting Attachment No. 4 - Delano & Delano Letter 1
RECOMMENDED ACTION:

It is respectfully recommended:

1. That the Planning Commission adopt Planning Commission Resolution (Attachment No. 1), approving Conditional Use Permit (CUP) 21-015 subject to Conditions of Approval (Exhibit 1B) and to make a determination of Public Convenience or Necessity.

PROJECT SUMMARY:

13.B

On April 19, 2022 the Planning Commission continued Conditional Use Permit (CUP) 21-015 and Public Convenience or Necessity (PCN) 22-001 to give staff additional time to respond to the letter of opposition from Delano & Delano representing Concerned Citizens of Hemet.

PLANNING COMMISSION APPROVAL AUTHORITY:

Per Section 90-42.4 The Planning Commission shall be responsible for the review and approval of conditional use permits. The Planning Commission may impose conditions of approval which pertain to the development of the property and the operating conditions of the proposed use. Such conditions shall promote the safe and orderly use of the property and preserve the integrity and character of the surrounding land uses, as appropriate.

Per Section 90-90(f) In addition to the findings applicable to conditional use permits under Section 90- 42, the decision-making body shall make supplement findings before approving a conditional use permit for on-sale or off-sale of alcoholic beverages.

Per Section 90-90(h) When ABC requests that the City make a determination of PCN, if the use is not exempt, the PCN determination shall be made by the Planning Commission if the proposed use would require a conditional use permit under this section. Pursuant to Section 90-90(h) of the Hemet Municipal Code, the planning commission may consult with the chief of police in making its determination.

PROJECT SETTING:

Plaza Liquor is proposed in a 2,448 square foot suite located with the Page Plaza Shopping Center in the Page Plaza Specific Plan (SP00-001). The Plaza is located on the southwest corner of Sanderson and Stetson Avenues and consists of several clustered suites, in line shops, and stand alone buildings.

Tenants in Page Plaza include Wal-Mart, Starbucks, US Bank, Farmer Boys, 76 Gas Station, WalGreens, Sonic Burger and a variety restaurants, clothing stores and other retailers. The Page Plaza Specific Plan permitted uses and development standards shall be consistent with the General Commercial (C-2) zone. Per Section 90-893 of the Hemet Municipal Code, a liquor store in the General Commercial (C-2) zone is subject to a Conditional Use Permit.

PROJECT DESCRIPTION & ANALYSIS:

Delano & Delano on behalf of Concerned Citizens submitted two (2) letters dated April 15, 2022 and April 19, 2022 citing the following concerns generally summarized below. (Attachment No.3 & 4)

1. The Project Violates the Hemet Municipal Code and is Inconsistent with the General Plan A. The Necessary Findings Cannot be Made to Approve CUP.

B. The Necessary Findings Cannot be Made to Approve a Determination of Public Convenience or Necessity.

Response: Delano & Delano did not provide specific evidence or reasons on how the project fails to meet the findings. Nor did city staff identify any new information that was not included in the findings prepared. Therefore, it is recommended the Planning Commission approve the findings as stated in Attachment No. 1 with CEQA amendment. Additionally clarifying responses have been provided below.

13.B

2. Approving a Conditional Use Permit would be Inconsistent with the Commission's Previous Determinations. Back in 2014 and again in 2019 a different applicant requested a CUP in order to upgrade their Type 20 license to Type 21 at a location directly across from the current proposed Project site for the Plaza Liquor store. In approving Resolution Bill No. 14-019 and Resolution Bill No. 19-029, the City’s Planning Commission denied the CUP on claims that are now ignored or contradicted in the recommendation to approve the Plaza Liquor CUP.

Both Resolutions stated the approval of the requested CUP had the “potential to increase nuisance and criminal behavior”. Resolution Bill No. 14-019 (“Res. 14-019”) at 3, Resolution Bill No. 19-029 (“Res. 19-029”) at 3. However, the Staff Report for the upcoming meeting states the proposed use is not anticipated to be a source of nuisance behavior simply because the Applicant has operated a different liquor store at a different location. This distinction is not founded on any evidence.

Response: Each request is evaluated on a case by case basis. In that specific case, the request was to change a Type 20 license to Type 21 for a Gas Station. Approximately 98% of all gas stations within the City have been approved for a Type 20 license for the sale of beer and wine. There is one exception that dealt with another location where a market was in place first before the request of adding fuel pumps. Additionally in the previously determined case (i.e. Resolution 14-019 and Resolution 19-029), there were a high number of quality of life calls for service for that particular gas station requesting a change from Type 20 to Type 21.

3. The Project Violates CEQA
The Staff Report claims the Project is exempt from California Environmental Quality Act (“CEQA”)reviewing accordance with Section 15301, Class 1(a) “existing facilities” exemption. Staff Report at 11. The Staff Report asserts that the “site is developed and the Conditional Use Permit is for the operation of a liquor store, the applicant is proposing negligible expansion to the site.” Id. However, this assertion is incorrect. This exemption applies to existing facilities “involving negligible or no expansion of existing or former use. ”CEQA Guidelines§ 15301. Such is not the case here.

Response: The project is exempt from Section 15301, Class 1 (a) existing facilities in that there is no proposed expansion to the building or permitted retail uses within the Page Plaza Specific Plan. In addition, the project is exempt from CEQA based on the provisions of CEQA Guidelines Section 15162, for a previously certified Negative Declaration approved by Resolution No. 3544 on April 10, 2001 for the Page Community Plaza Specific Plan 00-1 and General Plan Amendment 00-1, which included a liquor store as a permitted use. A Notice of Determination was filed on April 19, 2001 in accordance with the CEQA requirements. There has been no legal challenge brought against the project or the environmental determination.

PROPOSED FINDINGS:

CUP Findings - Sec. 90-42.5. - Findings required. Upon approval of a conditional use permit, the following findings shall be made by the approving authority:
(1) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the zone in which the site is located;
Finding: Plaza Liquor is proposed in the Page Plaza shopping center. Page Plaza is an existing 40-acre commercial shopping center located in the Page Plaza Specific Plan. The Page Plaza

13.B

Specific Plan permitted uses and development standards shall be consistent with the General Commercial (C-2) zone. Pursuant Section 90-90 Liquor stores is a conditionally permitted use. (2) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and Finding: Plaza Liquor is proposed in the Page Plaza shopping center. Page Plaza is an existing 40-acre commercial shopping center located in the Page Plaza Specific Plan. The Page Plaza Specific Plan permitted uses and development standards shall be consistent with the General Commercial (C-2) zone. Per Section 90-893 of the Hemet Municipal Code, a liquor store in the General Commercial (C-2) zone is subject to a Conditional Use Permit.

Proposed hours of operation are from 7:00am to 9:00pm Sunday through Thursday and 7:00am to 10:00pm Friday through Saturday. The applicant has stated Plaza Liquor has been in operation over 13 years and has operated within ABC's and the City's rules and regulations, they refuse service when necessary and the closing hours are at 9:00 p.m. on weekdays and 10:00 p.m. on Friday and Saturday. The applicant states they maintain these hours keeping in mind the safety of the public and their staff.

Further, the applicant states the cash register will have an age verification feature when selling products that are age restricted and all employees will have Licensee Education on Alcohol and Drugs (LEAD) training (training offered by ABC to licensees and their employees). They will always maintain adequate staffing to ensure safety and security. Additionally, security cameras will be installed throughout the store and out, that can be monitored remotely. An alarm system will be installed with a panic button at the register and inside of the walk-in cooler.

Conditions 1 through 28 (Attachment No. 1B) shall ensure that the establishment is operated or maintained in a manner that will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The applicant has agreed to the following notable conditions.
• Public consumption. The owner or operator shall post a sign to indicate that it is unlawful for a person to consume alcoholic beverages in a public place or where posted. • Open containers. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. • Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of alcoholic beverages and it shall be the responsibility of the owner of any such establishment to post "No Loitering" signs and actively enforce measures that preclude loitering.
• Graffiti. The owner or operator of the use shall remove or paint over any graffiti within 8 hours
• The liquor store shall not carry 50 milliliter (1.7 ounces) bottles of spirits also known as mini liquor bottles, or smaller.
• A Conditional Use Permit shall be required if tobacco products or paraphernalia exceed 15 percent or more of the square footage of the establishment pursuant to Section 90-80(6) of the Hemet Municipal Code.

Additionally, the applicant has stated his employees receive Licensee Education on Alcohol and Drugs (LEAD) training. Per the ABC website the LEAD training program provides attendees with practical information on selling alcoholic beverages safely, responsibly, and legally, with emphasis

13.B

on preventing sales to minors, sales to obviously intoxicated person, and illicit drug activity at the licensed establishment.
(3) That the use and operation is consistent with the general plan elements, goals, and policies; and
Finding: LU-6.7 Regulate Sensitive Land Uses Appropriately control the location, concentration and number of community sensitive land uses such as alcohol sales, tobacco products, adult businesses, medical marijuana dispensaries, and entertainment venues, and require measures to prevent adverse impacts to adjoining residences, businesses, schools, parks, medical facilities, and religious facilities consistent with City, State and Federal laws.

Plaza Liquor is not adding an Off-Sale license to the City of Hemet. It is relocating from a location where it has operated over 13 years to another location approximately 1/2 mile away. The Police department was contacted by staff to provide calls for service for the last year for liquor stores within the vicinity. Police records provided calls for three liquors stores, one had 10 calls, one had two calls and Plaza Liquor had 10 calls, the calls were from January 1, 2021 to December 2021.

Plaza Liquor's number of calls does not indicate an excess number of "quality of life" calls to its present location and current measures as well as conditions of approval are designed to prevent adverse impacts to proposed location.

LU-13.6 Business Retention Support the retention and expansion of existing businesses and encourage local employment.

Plaza Liquor has operated from Wentworth Plaza for over 13 years. Through unforeseen circumstances the business owner is required to relocate and apply for a Conditional Use Permit.

Were it not for the circumstances that require the relocation Plaza Liquor would have remained at its present location indefinitely.

LU-13-7 Reuse of Underutilized Properties Encourage the reuse of vacant, underutilized, or obsolete commercial and industrial buildings with higher value uses that are consistent with the General Plan goals and policies.

The location Plaza Liquor is proposing to occupy has been vacant for several years.

The previous tenant was Radio Shack who closed their doors five years ago. Plaza Liquor operating in this location will eliminate a vacant building in the center. (4) That the type, intensity, sensitivity and operating characteristics of the proposed use, and the manner in which they will be located on the site, are compatible with existing land uses, the character of established neighborhoods, or planned development in the vicinity.

Finding: The proposed location is in the shopping center with heavy retail and restaurant use.

The use will be complimentary to the existing businesses and will add convenience to the shopping needs of the people who work in the center and surrounding neighborhood without having to travel too far.

Alcohol Sales Findings - Per Section 90-90 - Findings. In addition to the findings applicable to conditional use permits under section 90-42 et seq., the decision-making body shall make the

13.B

following supplemental findings before approving a conditional use permit for a use that engages in the on-sale or off-sale of alcoholic beverages:
(1) The use complies with all of the following separation requirements. Notwithstanding the foregoing, the decision-making body may issue a conditional use permit to a use that does not comply with one or more of the following separation standards if it finds that unique circumstances exist that justify noncompliance with the separation standards:
a. The use is located at least 600 feet, as measured from property line to property line, from any existing public or private schools (K through 12), public parks, or places of worship; Finding: West Valley High School is approximately 2,590 feet from the proposed Plaza Liquor.

The closest church is located at 1326 W. Johnston Avenue and is approximately 2,000 feet from the proposed Plaza Liquor location. Mary Henley Park is approximately 3,000 feet and Brubaker Park is approximately 3,500 feet from the proposed Plaza Liquor. b. The use is located at least 100 feet, as measured from property line to property line, from existing residential uses or land that is zoned for residential uses.

Finding: Residential zoned or uses are approximately 580 feet from the proposed Plaza Liquor. c. The use is located at least 1,000 feet, as measured from property line to property line, from existing parolee-probationer homes, emergency shelters, supportive housing, or transitional housing.

Finding: There are no known uses that are mentioned uses within 1,000 feet from proposed Plaza Liquor.
(2) The use is fully visible from a public street with an unobstructed view from the public street for public safety.

Finding: The proposed location is a suite located within a cluster of attached buildings within the Page Plaza center. Page Plaza has internal streets and drive aisles within the center, and the proposed suite has parking stalls, drive aisles and large windows directly in front of the building.

The use is fully visible with an unobstructed view from the drive aisles within the center. (3) The proposed use will not be detrimental to surrounding properties and neighborhoods, including ensuring that the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.

Finding: Conditions of Approval address the following:
• Public consumption. The owner or operator shall post a sign to indicate that it is unlawful for a person to consume alcoholic beverages in a public place or where posted. • Open containers. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. • Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of alcoholic beverages and it shall be the responsibility of the owner of any such establishment to post "No Loitering" signs and actively enforce measures that preclude loitering.

13.B

• Graffiti. The owner or operator of the use shall remove or paint over any graffiti within 48 hours of the graffiti being painted or marked upon the premises. • Security/surveillance. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of 24 hours of operation. The facility operator shall maintain the recordings for the prior 60 days.

Additionally, the applicant has stated his employees receive Licensee Education on Alcohol and Drugs (LEAD) training. Per the ABC website the LEAD training program provides attendees with practical information on selling alcoholic beverages safely, responsibly, and legally, with emphasis on preventing sales to minors, sales to obviously intoxicated person, and illicit drug activity at the licensed establishment.

Furthermore, the applicant has agreed to conditions prohibiting the sale of 50 milliliter (1.7 ounces) bottle of spirits also known as mini-liquor bottles, or smaller and, the sale of beer or malt beverages shall be sold in manufacturer pre-packaged quantities of three or more, with a total volume of not less than 23.5 ounces. Beer or malt beverages shall not be sold in quantities of 22 ounces, 32 ounces, 40 ounces, or similar size containers as single containers. As recommended by the City Council on a previously approved CUP.
(4) The proposed use will not adversely impact the suitability of adjacent commercially zoned properties for commercial uses.

Finding: The proposed use is retail in a commercial center. The proposed closing hours are 9 p.m. on week nights and 10 p.m. on Friday and Saturday. Liquor stores are permitted in the C-2 (general commercial) zone with approval of a Conditional Use Permit. Conditions of approval address items including public intoxication, open containers, loitering, lighting, security/surveillance, graffiti, display and signs, liter, employee training and other conditions to ensure this use will not have adverse impacts on the center.

Page Plaza Shopping Center is developed with approximately 360,000 square feet of various commercial and retail uses and associated parking areas, including a 220,000 square foot WalMart Supercenter, a pharmacy, a bank, a convenience store, a gas station and multiple restaurants on approximately 40 acres. The proposed liquor store would not interfere with the suitability of adjacent retail and restaurant establishments located with the Page Plaza Shopping Center.

Public Convenience or Necessity Findings - Per Section 90-90 (h) (3) A PCN determination shall be based on the following findings:
a. The public convenience would be served by the establishment of the proposed use.

Finding: The applicant has stated he has many loyal clients and he selected a location close to his present location as he wanted to continue serving his clients without having them go out of their neighborhood. The applicant has also gathered 150 signatures of persons who support that Plaza Liquor serves a public convenience or necessity.
b. The proposed use is not anticipated to be a source of nuisance behavior associated with the excessive consumption of alcoholic beverages, or the exposure of alcoholic beverages to minors.

13.B

Finding: By operating under reasonable hours during the last 13 years at the current location, the applicant states they have avoided major nuisance behavior associated with excessive consumption of alcoholic beverages. They have maintained a family friendly environment and taken pride in their business and responsibility in the community. Further their employees are well trained and do their jobs responsibly. They go through extensive training provided by ABC and their registers will be equipped with age verification feature. c. The proposed use would not be detrimental to the public health, safety or welfare.

Finding: The applicant has over 13 years of experience operating a liquor store. Police calls to their present location indicate similar number of calls for liquor stores. Hemet Police department provided staff with calls made to three liquor stores in the vicinity for the year 2021. One had 10 calls, another had two and Plaza Liquor had 10. Plaza Liquor's number of calls does not indicate an excess number of "quality of life" calls to its present location and current measures as well as conditions of approval are designed to prevent any detriment to the public health, safety or welfare. d. The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area.

Finding: The applicant states they understand the importance of maintaining the appearance of their facility in order to expand their customer base and to prevent criminal activity. Keeping the windows clear so that passing motorists and police have direct view into the facility, and by providing adequate interior and exterior lighting helps provide a safe environment to patrons and employees.
e. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan, this section and any applicable zoning regulations contained in this chapter.

Finding: The Land Use policies below indicated the proposed use is consistent with general plan land uses. Additionally, Liquor stores are permitted in the zone with approval of a Conditional Use Permit.

LU-6.7 Regulate Sensitive Land Uses Appropriately control the location, concentration and number of community sensitive land uses such as alcohol sales, tobacco products, adult businesses, medical marijuana dispensaries, and entertainment venues, and require measures to prevent adverse impacts to adjoining residences, businesses, schools, parks, medical facilities, and religious facilities consistent with City, State and Federal laws.

Plaza Liquor is not adding an Off-Sale license to the City of Hemet. It is relocating from a location where it has operated over 13 years to another location approximately 1/2 mile away. The Police department was contacted by staff to provide calls for service for the last year for liquor stores within the vicinity. Police records provided calls for three liquors stores, one had 10 calls, one had two calls and Plaza Liquor had 10 calls, the calls were from January 1, 2021 to December 2021.

Plaza Liquor's number of calls does not indicate an excess number of "quality of life" calls to its present location and current measures as well as conditions of approval are designed to prevent adverse impacts to proposed location.

LU-13.6 Business Retention Support the retention and expansion of existing businesses and encourage local employment.

13.B

Plaza Liquor has operated from Wentworth Plaza for over 13 years. Through unforeseen circumstances the business owner is required to relocate and apply for a Conditional Use Permit.

Were it not for the circumstances that require the relocation Plaza Liquor would have remained at its present location indefinitely.

LU-13-7 Reuse of Underutilized Properties Encourage the reuse of vacant, underutilized, or obsolete commercial and industrial buildings with higher value uses that are consistent with the General Plan goals and policies.

The location Plaza Liquor is proposing to occupy has been vacant for several years.

The previous was Radio Shack who closed their doors 5 years ago. Plaza Liquor operating in this location will eliminate a vacant building in the center.

CEQA REVIEW:

The project is exempt from CEQA in accordance with the California Environmental Quality Act Section 15301, Class 1(a) (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The site is developed and the Conditional Use Permit is for the operation of a liquor store, the applicant is proposing no expansion to the site.

Additionally, the project is exempt from CEQA based on the provisions of CEQA Guidelines Section 15162, for a previously certified Negative Declaration approved by Resolution No. 3544 on April 10, 2001 for the Page Community Plaza Specific Plan 00-1 and General Plan Amendment 00-1. A Notice of Determination was filed on April 19, 2001 in accordance with the CEQA requirements. There has been no legal challenge brought against the project or the environmental determination.

PUBLIC COMMUNICATIONS RECEIVED:

On April 8, 2022 the City gave public notice by advertising in the Press Enterprise and by mailing to property owners and tenants, within 500 feet of the property parcel boundaries, of the holding of a public hearing at which the project would be considered by the Planning Commission.

On Wednesday, April 13, 2022 staff received a call from Mr. Brian Agha who received the notice by mail and had questions regarding the proposed use and said he would be present at the Planning Commission hearing as he is opposing this Conditional Use Permit. Mr. Agha represents Just For Fun, the gas station with convenience store located in the Page Plaza center and has applied to upgrade from a Type 20 Off-Sale to a Type 21 Off-Sale on two separate occasions and has been denied both times.

Additionally, 28 public comments were received on-line opposing the project in addition to the letters by Delano & Delano on behalf of Concerned Citizens submitted two (2) letters dated April 15, 2022 and April 19, 2022.

The applicant submitted 150 signatures of citizens of Hemet who support the relocation of Plaza Liquor.

See April 19, 2022 Staff Report.

13.B

INCORPORATED HEREIN BY REFERENCE:

City of Hemet General Plan
City of Hemet Zoning Ordinance
Calls for Service from Hemet Police Department
STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

The location Plaza Liquor is proposing to occupy has been vacant for several years. The previous was Radio Shack who closed their doors 5 years ago. Plaza Liquor operating in this location will eliminate a vacant building in the Page Plaza center.

Objective 3: Increase Public Safety visibility and response.

The applicant states he understands the social responsibility to operate a business of this nature and has always operated within ABC and City rules and regulations. For the safety of his employees, customers and the public the applicant shall install video surveillance equipment, and additional interior and exterior lighting. Furthermore, the applicant shall see his employees receive Licensee Education on Alcohol and Drugs (LEAD) training. Per the ABC website the LEAD training program provides attendees with practical information on selling alcoholic beverages safely, responsibly, and legally, with emphasis on preventing sales to minors, sales to obviously intoxicated person, and illicit drug activity at the licensed establishment.

13.B

Planning Commission Resolution
CUP 21-015 and PCN 22-001 Plaza Liquor

1 2
3 4
5 6
7 CITY OF HEMET
8 Hemet, California
9 10 PLANNING COMMISSION
11 RESOLUTION
12 13 A RESOLUTION OF THE PLANNING COMMISSION OF
14 THE CITY OF HEMET, CALIFORNIA APPROVING
15 CONDITIONAL USE PERMIT (CUP) 21-015 AND MAKING A
16 DETERMINATION A PUBLIC CONVENIENCE OR
17 NECESSITY (PCN) 22-001 WILL BE SERVED FOR PLAZA
18 LIQUOR WITHIN AN EXISTING 2,448 SQUARE FOOT
19 SUITE IN THE PAGE PLAZA SPECIFIC PLAN LOCATED
20 AT 1135 S. SANDERSON AVENUE.
21 22
23 WHEREAS, an application for Conditional Use Permit (CUP 21-015) and Public 24 Convenience or Necessity (PCN 22-001) Plaza Liquor was duly filed for consideration 25 by:
26 27 Applicant: Pravin Patel – Plaza Liquor
28 Property Owner: Page Plaza LLC – Alan Hasso
29 Project Location: 1135 S. Sanderson Avenue
30 APN: 460-250-028
31 Site Area: 2,448 square feet
32 33 WHEREAS, A Conditional Use Permit and Public Convenience or Necessity 34 determination was submitted for consideration on December 8, 2021 for the project; and 35 36 WHEREAS, the Planning Commission has the authority per section 90-42.4 and 37 90-48.1(a) et seq. of the Hemet Municipal Code to take action on Conditional Use 38 Permit (CUP 21-015) for the operation of the proposed use; and 39 40 WHEREAS, the Planning Commission has the authority per section 90-90 (h) et 41 seq. of the Hemet Municipal Code to make a determination a Convenience or Necessity 42 will be served by the approval of the proposed ABC license; and 43 44 WHEREAS, on April 8, 2022 the City gave public notice by advertising in the 45 Press Enterprise and by mailing to property owners and tenants within 500 feet, of the

13.B

Planning Commission Resolution
CUP 21-015 and PCN 22-001 Plaza Liquor

1 holding of a public hearing at which the project would be considered by the Planning 2 Commission; and
3 4 WHEREAS, on April 19, 2022, the Planning Commission held the noticed public 5 hearing at which interested persons had an opportunity to testify in support of, or 6 opposition to the proposed Conditional Use Permit (CUP 21-015) and Public 7 Convenience or Necessity (PCN22-001) and at which the Planning Commission 8 Continued the proposed use to the May 3, 2022 Planning Commission hearing date; 9 and
10 11 WHEREAS, on May 3, 2022, the Planning Commission heard the Continued item 12 at which interested persons had an opportunity to testify in support of, or opposition to 13 the proposed Conditional Use Permit (CUP 21-015) and Public Convenience or 14 Necessity (PCN22-001) and at which the Planning Commission considered the 15 proposed use; and
16 17 WHEREAS, the Planning Commission of the City of Hemet has considered oral 18 and written comments, pros and cons, as presented by the Planning Division, the 19 applicant and other interested parties at a public meeting held May 3, 2022 and 20 approved Conditional Use Permit (CUP 21-015) and has made a determination a Public 21 Convenience or Necessity (PCN22-001) would be serviced; and 22 23 NOW, THEREFORE, the Planning Commission of the City of Hemet now finds, 24 determines and resolves as follows:
25 26 SECTION 1: ENVIRONMENTAL REVIEW
27 28 The Planning Commission, in light of the whole record before it, including but not limited 29 to, the City’s local CEQA Guidelines and thresholds of Significance, the 30 recommendation of the Community Development Director as provided in the Staff 31 Report dated April 19, 2022, all documents incorporated therein by reference, and any 32 other evidence (within the meaning of Public Resources Code §21080(e) and 33 §21082.2) within the record or provided at the public hearing of this matter, hereby finds 34 and determines as follows:
35 36 1. The project is exempt from CEQA in accordance with the California 37 Environmental Quality Act Section 15301, Class 1(a) (Existing Facilities), which 38 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 39 minor alteration of existing public or private structures, facilities, mechanical 40 equipment, or topographical features, involving negligible or no expansion of use 41 beyond that existing at the time of the lead agency's determination. The site is 42 developed and the Conditional Use Permit is for the operation of a liquor store, 43 the applicant is proposing no expansion to the site. 44 45 2. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). The 46 project is located outside of any MSHCP criteria area and mitigation is provided

13.B

Planning Commission Resolution
CUP 21-015 and PCN 22-001 Plaza Liquor

1 through payment of the MSHCP Mitigation Fee. Therefore, project is found to be 2 consistent with the MSHCP.
3 4 NOW, THEREFORE, the Planning Commission of the City of Hemet does 5 Resolve, Determine, Find and Order as follows:
6 7 SECTION 2: CONDITIONAL USE PERMIT FINDINGS
8 9 In light of the record before it, including the staff report dated April 19, 2022 and all 10 evidence and testimony heard at the public meeting of this item, the Planning 11 Commission hereby finds as follows:
12 13 (1) That the proposed location of the conditional use is in accord with the objectives of 14 this chapter and the purposes of the zone in which the site is located; 15 16 Finding: Plaza Liquor is proposed in the Page Plaza shopping center. Page Plaza 17 is an existing 40-acre commercial shopping center located in the Page Plaza 18 Specific Plan. The Page Plaza Specific Plan permitted uses and development 19 standards shall be consistent with the General Commercial (C-2) zone. Pursuant 20 Section 90-90 Liquor stores is a conditionally permitted use. 21 22 (2) That the proposed location of the conditional use and the conditions under which it 23 would be operated or maintained will not be detrimental to the public health, safety or 24 welfare, or materially injurious to properties or improvements in the vicinity; and 25 26 Finding: Plaza Liquor is proposed in the Page Plaza shopping center. Page Plaza 27 is an existing 40-acre commercial shopping center located in the Page Plaza 28 Specific Plan. The Page Plaza Specific Plan permitted uses and development 29 standards shall be consistent with the General Commercial (C-2) zone. Per Section 30 90-893 of the Hemet Municipal Code, a liquor store in the General Commercial (C31 2) zone is subject to a Conditional Use Permit. 32 33 Proposed hours of operation are from 7:00am to 9:00pm Sunday through Thursday 34 and 7:00am to 10:00pm Friday through Saturday. The applicant has stated Plaza 35 Liquor has been in operation over 13 years and has operated within ABC's and the 36 City's rules and regulations, they refuse service when necessary and the closing 37 hours are at 9:00 p.m. on weekdays and 10:00 p.m. on Friday and Saturday. The 38 applicant states they maintain these hours keeping in mind the safety of the public 39 and their staff.
40 41 Further, the applicant states the cash register will have an age verification feature 42 when selling products that are age restricted and all employees will have Licensee 43 Education on Alcohol and Drugs (LEAD) training (training offered by ABC to 44 licensees and their employees). They will always maintain adequate staffing to 45 ensure safety and security. Additionally, security cameras will be installed 46 throughout the store and out, that can be monitored remotely. An alarm system will 47 be installed with a panic button at the register and inside of the walk-in cooler.

13.B

Planning Commission Resolution
CUP 21-015 and PCN 22-001 Plaza Liquor

1 2 Conditions 1 through 28 (Attachment No. 1B) shall ensure that the establishment is 3 operated or maintained in a manner that will not be detrimental to the public health, 4 safety or welfare, or materially injurious to properties or improvements in the 5 vicinity. The applicant has agreed to the following notable conditions. 6 • Public consumption. The owner or operator shall post a sign to indicate that it is 7 unlawful for a person to consume alcoholic beverages in a public place or where 8 posted.
9 • Open containers. The possession of alcoholic beverages in open containers and 10 the consumption of alcoholic beverages are prohibited on or around the premises. 11 • Loitering. Loitering is prohibited on or around the premises of any use engaging in 12 the dispensing or sale of alcoholic beverages and it shall be the responsibility of the 13 owner of any such establishment to post "No Loitering" signs and actively enforce 14 measures that preclude loitering.
15 • Graffiti. The owner or operator of the use shall remove or paint over any graffiti 16 within 8 hours
17 • The liquor store shall not carry 50 milliliter (1.7 ounces) bottles of spirits also known 18 as mini liquor bottles, or smaller.
19 • A Conditional Use Permit shall be required if tobacco products or paraphernalia 20 exceed 15 percent or more of the square footage of the establishment pursuant to 21 Section 90-80(6) of the Hemet Municipal Code.
22 Additionally, the applicant has stated his employees receive Licensee Education on 23 Alcohol and Drugs (LEAD) training. Per the ABC website the LEAD training 24 program provides attendees with practical information on selling alcoholic 25 beverages safely, responsibly, and legally, with emphasis on preventing sales to 26 minors, sales to obviously intoxicated person, and illicit drug activity at the licensed 27 establishment.
28 29 (3) That the use and operation is consistent with the general plan elements, goals, and 30 policies; and
31 32 Finding: LU-6.7 Regulate Sensitive Land Uses Appropriately control the location, 33 concentration and number of community sensitive land uses such as alcohol sales, 34 tobacco products, adult businesses, medical marijuana dispensaries, and 35 entertainment venues, and require measures to prevent adverse impacts to 36 adjoining residences, businesses, schools, parks, medical facilities, and religious 37 facilities consistent with City, State and Federal laws. 38 39 Plaza Liquor is not adding an Off-Sale license to the City of Hemet. It is relocating 40 from a location where it has operated over 13 years to another location 41 approximately 1/2 mile away. The Police department was contacted by staff to 42 provide calls for service for the last year for liquor stores within the vicinity. Police 43 records provided calls for three liquors stores, one had 10 calls, one had two calls 44 and Plaza Liquor had 10 calls, the calls were from January 1, 2021 to December

13.B

Planning Commission Resolution
CUP 21-015 and PCN 22-001 Plaza Liquor

1 2021. Plaza Liquor's number of calls does not indicate an excess number of "quality 2 of life" calls to its present location and current measures as well as conditions of 3 approval are designed to prevent adverse impacts to proposed location. 4 5 LU-13.6 Business Retention Support the retention and expansion of existing 6 businesses and encourage local employment.
7 8 Plaza Liquor has operated from Wentworth Plaza for over 13 years. Through 9 unforeseen circumstances the business owner is required to relocate and apply for 10 a Conditional Use Permit. Were it not for the circumstances that require the 11 relocation Plaza Liquor would have remained at its present location indefinitely. 12 13 LU-13-7 Reuse of Underutilized Properties Encourage the reuse of vacant, 14 underutilized, or obsolete commercial and industrial buildings with higher value 15 uses that are consistent with the General Plan goals and policies. 16 17 The location Plaza Liquor is proposing to occupy has been vacant for several years. 18 The previous tenant was Radio Shack who closed their doors five years ago. Plaza 19 Liquor operating in this location will eliminate a vacant building in the center. 20 21 (4) That the type, intensity, sensitivity and operating characteristics of the proposed use, 22 and the manner in which they will be located on the site, are compatible with existing 23 land uses, the character of established neighborhoods, or planned development in the 24 vicinity.
25 26 Finding: The proposed location is in the shopping center with heavy retail and 27 restaurant use. The use will be complimentary to the existing businesses and will 28 add convenience to the shopping needs of the people who work in the center and 29 surrounding neighborhood without having to travel too far. 30 31 Alcohol Sales Findings - Per Section 90-90 - Findings. In addition to the findings 32 applicable to conditional use permits under section 90-42 et seq., the decision-making 33 body shall make the following supplemental findings before approving a conditional use 34 permit for a use that engages in the on-sale or off-sale of alcoholic beverages:
35 36 (1) The use complies with all of the following separation requirements. Notwithstanding 37 the foregoing, the decision-making body may issue a conditional use permit to a use 38 that does not comply with one or more of the following separation standards if it finds 39 that unique circumstances exist that justify noncompliance with the separation 40 standards:
41 42 a. The use is located at least 600 feet, as measured from property line to property line, 43 from any existing public or private schools (K through 12), public parks, or places of 44 worship;
45 46 Finding: West Valley High School is approximately 2,590 feet from the proposed 47 Plaza Liquor. The closest church is located at 1326 W. Johnston Avenue and is

13.B

Planning Commission Resolution
CUP 21-015 and PCN 22-001 Plaza Liquor

1 approximately 2,000 feet from the proposed Plaza Liquor location. Mary Henley 2 Park is approximately 3,000 feet and Brubaker Park is approximately 3,500 feet 3 from the proposed Plaza Liquor.
4 5 b. The use is located at least 100 feet, as measured from property line to property line, 6 from existing residential uses or land that is zoned for residential uses. 7 8 Finding: Residential zoned or uses are approximately 580 feet from the proposed 9 Plaza Liquor.
10 11 c. The use is located at least 1,000 feet, as measured from property line to property line, 12 from existing parolee-probationer homes, emergency shelters, supportive housing, or 13 transitional housing.
14 15 Finding: There are no known uses that are mentioned uses within 1,000 feet from 16 proposed Plaza Liquor.
17 18 (2) The use is fully visible from a public street with an unobstructed view from the public 19 street for public safety.
20 21 Finding: The proposed location is a suite located within a cluster of attached 22 buildings within the Page Plaza center. Page Plaza has internal streets and drive 23 aisles within the center, and the proposed suite has parking stalls, drive aisles and 24 large windows directly in front of the building. The use is fully visible with an 25 unobstructed view from the drive aisles within the center. 26 27 (3) The proposed use will not be detrimental to surrounding properties and 28 neighborhoods, including ensuring that the use does not contribute to loitering, public 29 drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, 30 interference with pedestrian corridors used by children, defacement and damage to 31 structures.
32 33 Finding: Conditions of Approval address the following:
34 • Public consumption. The owner or operator shall post a sign to indicate that it is 35 unlawful for a person to consume alcoholic beverages in a public place or where 36 posted.
37 • Open containers. The possession of alcoholic beverages in open containers and 38 the consumption of alcoholic beverages are prohibited on or around the premises. 39 • Loitering. Loitering is prohibited on or around the premises of any use engaging in 40 the dispensing or sale of alcoholic beverages and it shall be the responsibility of the 41 owner of any such establishment to post "No Loitering" signs and actively enforce 42 measures that preclude loitering.
43 • Graffiti. The owner or operator of the use shall remove or paint over any graffiti 44 within 48 hours of the graffiti being painted or marked upon the premises.

13.B

Planning Commission Resolution
CUP 21-015 and PCN 22-001 Plaza Liquor

1 • Security/surveillance. Surveillance cameras and equipment shall be installed to 2 record all purchases and attempted purchases of alcoholic beverages in 3 accordance with the specifications provided by the police department. The 4 equipment shall be able to record a minimum of 24 hours of operation. The facility 5 operator shall maintain the recordings for the prior 60 days. 6 Additionally, the applicant has stated his employees receive Licensee Education on 7 Alcohol and Drugs (LEAD) training. Per the ABC website the LEAD training 8 program provides attendees with practical information on selling alcoholic 9 beverages safely, responsibly, and legally, with emphasis on preventing sales to 10 minors, sales to obviously intoxicated person, and illicit drug activity at the licensed 11 establishment.
12 13 Furthermore, the applicant has agreed to conditions prohibiting the sale of 50 14 milliliter (1.7 ounces) bottle of spirits also known as mini-liquor bottles, or smaller 15 and, the sale of beer or malt beverages shall be sold in manufacturer pre-packaged 16 quantities of three or more, with a total volume of not less than 23.5 ounces. Beer 17 or malt beverages shall not be sold in quantities of 22 ounces, 32 ounces, 40 18 ounces, or similar size containers as single containers. As recommended by the 19 City Council on a previously approved CUP.
20 21 (4) The proposed use will not adversely impact the suitability of adjacent commercially 22 zoned properties for commercial uses.
23 24 Finding: The proposed use is retail in a commercial center. The proposed closing 25 hours are 9 p.m. on week nights and 10 p.m. on Friday and Saturday. Liquor stores 26 are permitted in the C-2 (general commercial) zone with approval of a Conditional 27 Use Permit. Conditions of approval address items including public intoxication, open 28 containers, loitering, lighting, security/surveillance, graffiti, display and signs, liter, 29 employee training and other conditions to ensure this use will not have adverse 30 impacts on the center.
31 32 Page Plaza Shopping Center is developed with approximately 360,000 square feet 33 of various commercial and retail uses and associated parking areas, including a 34 220,000 square foot Wal-Mart Supercenter, a pharmacy, a bank, a convenience 35 store, a gas station and multiple restaurants on approximately 40 acres. The 36 proposed liquor store would not interfere with the suitability of adjacent retail and 37 restaurant establishments located with the Page Plaza Shopping Center. 38 39 Public Convenience or Necessity Findings - Per Section 90-90 (h) (3) A PCN 40 determination shall be based on the following findings:
41 42 a. The public convenience would be served by the establishment of the proposed use. 43 44 Finding: The applicant has stated he has many loyal clients and he selected a 45 location close to his present location as he wanted to continue serving his clients

13.B

Planning Commission Resolution
CUP 21-015 and PCN 22-001 Plaza Liquor

1 without having them go out of their neighborhood. The applicant has also gathered 2 150 signatures of persons who support that Plaza Liquor serves a public 3 convenience or necessity.
4 5 b. The proposed use is not anticipated to be a source of nuisance behavior associated 6 with the excessive consumption of alcoholic beverages, or the exposure of alcoholic 7 beverages to minors.
8 9 Finding: By operating under reasonable hours during the last 13 years at the 10 current location, the applicant states they have avoided major nuisance behavior 11 associated with excessive consumption of alcoholic beverages. They have 12 maintained a family friendly environment and taken pride in their business and 13 responsibility in the community. Further their employees are well trained and do 14 their jobs responsibly. They go through extensive training provided by ABC and 15 their registers will be equipped with age verification feature. 16 17 c. The proposed use would not be detrimental to the public health, safety or welfare. 18 19 Finding: The applicant has over 13 years of experience operating a liquor store. 20 Police calls to their present location indicate similar number of calls for liquor stores. 21 Hemet Police department provided staff with calls made to three liquor stores in the 22 vicinity for the year 2021. One had 10 calls, another had two and Plaza Liquor had 23 10. Plaza Liquor's number of calls does not indicate an excess number of "quality of 24 life" calls to its present location and current measures as well as conditions of 25 approval are designed to prevent any detriment to the public health, safety or 26 welfare.
27 28 d. The proposed use would not increase the severity of existing law enforcement or 29 public nuisance problems in the surrounding area.
30 31 Finding: The applicant states they understand the importance of maintaining the 32 appearance of their facility in order to expand their customer base and to prevent 33 criminal activity. Keeping the windows clear so that passing motorists and police 34 have direct view into the facility, and by providing adequate interior and exterior 35 lighting helps provide a safe environment to patrons and employees. 36 37 e. The proposed use is consistent with the objectives, policies, general land uses, and 38 programs of the general plan and any applicable specific plan, this section and any 39 applicable zoning regulations contained in this chapter. 40 41 Finding: The Land Use policies below indicated the proposed use is consistent 42 with general plan land uses. Additionally, Liquor stores are permitted in the zone 43 with approval of a Conditional Use Permit.
44 45 LU-6.7 Regulate Sensitive Land Uses Appropriately control the location, 46 concentration and number of community sensitive land uses such as alcohol sales, 47 tobacco products, adult businesses, medical marijuana dispensaries, and

13.B

Planning Commission Resolution
CUP 21-015 and PCN 22-001 Plaza Liquor

1 entertainment venues, and require measures to prevent adverse impacts to 2 adjoining residences, businesses, schools, parks, medical facilities, and religious 3 facilities consistent with City, State and Federal laws. 4 5 Plaza Liquor is not adding an Off-Sale license to the City of Hemet. It is relocating 6 from a location where it has operated over 13 years to another location 7 approximately 1/2 mile away. The Police department was contacted by staff to 8 provide calls for service for the last year for liquor stores within the vicinity. Police 9 records provided calls for three liquors stores, one had 10 calls, one had two calls 10 and Plaza Liquor had 10 calls, the calls were from January 1, 2021 to December 11 2021. Plaza Liquor's number of calls does not indicate an excess number of "quality 12 of life" calls to its present location and current measures as well as conditions of 13 approval are designed to prevent adverse impacts to proposed location. 14 15 LU-13.6 Business Retention Support the retention and expansion of existing 16 businesses and encourage local employment.
17 18 Plaza Liquor has operated from Wentworth Plaza for over 13 years. Through 19 unforeseen circumstances the business owner is required to relocate and apply for 20 a Conditional Use Permit. Were it not for the circumstances that require the 21 relocation Plaza Liquor would have remained at its present location indefinitely. 22 23 LU-13-7 Reuse of Underutilized Properties Encourage the reuse of vacant, 24 underutilized, or obsolete commercial and industrial buildings with higher value 25 uses that are consistent with the General Plan goals and policies. 26 27 The location Plaza Liquor is proposing to occupy has been vacant for several years. 28 The previous was Radio Shack who closed their doors 5 years ago. Plaza Liquor 29 operating in this location will eliminate a vacant building in the center. 30 31 SECTION 3: PLANNING COMMISSION ACTIONS
32 33 The Planning Commission hereby takes the following actions:
34 35 1. Conditional Use Permit (CUP 21-015) and Public Convenience or Necessity 36 (PCN 22-001). Conditional Use Permit (CUP 21-015) is hereby approved as 37 shown in Exhibit 1A which is attached hereto and incorporated herein by 38 reference, and subject to the Conditions of Approval in Exhibit 1B, which are 39 attached hereto and incorporated herein by reference, and makes a 40 determination a Public Convenience or Necessity will be served. 41 42 PASSED, APPROVED, AND ADOPTED this 3rd day of May 2022 by the 43 following vote:
44 45 AYES:
46 NOES:
47 ABSTAIN:

13.B

Planning Commission Resolution
CUP 21-015 and PCN 22-001 Plaza Liquor

1 ABSENT:
2 ________________________________
3 John Wuerth, Chair
4 Hemet Planning Commission
5 ATTEST:
6 7 ________________________________
8 Corina Hernandez, Records Secretary
9 Hemet Planning Commission

13.B

City of Hemet –Draft Conditions of Approval
CONDITIONAL USE PERMIT (CUP 21-015) AND PUBLIC CONVENIENCE OR NECESSITY (PCN22-001) - Plaza Liquor

t

CITY OF HEMET
DRAFT

CONDITIONS OF APPROVAL
PLANNING COMMISSION HEARING DATE: May 3, 2022
PROJECT NO: CONDITIONAL USE PERMIT (CUP 21-015) and PUBLIC CONVENIENCE OR NECESSITY (PCN 22-001)
APPLICANT: Plaza Liquor
OWNER: Pavin Patel
LOCATION: 1135 S. Sanderson
Note: Any conditions revised at a hearing will be noted by strikeout (for deletions) and/or underline (for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition.

STANDARD CONDITIONS
The following conditions of approval were approved by the City Council as standard conditions of approval for all projects. Questions regarding compliance with these conditions should be directed to the Planning Division at (951) 765-2375.

General Requirements:

1. CONDITIONAL USE PERMIT (CUP 21-015) AND PUBLIC CONVENIENCE OR NECESSITY (PCN 22-001) shall become null and void on May 3, 2024 (two calendar years from the date of approval), unless use in reliance on the approved Conditional Use Permit is established prior to the expiration date. A time extension may be granted by the Planning Commission in accordance with Hemet Municipal Code, provided a written request for a time extension is submitted the Planning Division prior to the expiration date. No formal notice of expiration will be given by the City.

2. Approval of CONDITIONAL USE PERMIT (CUP 20-015) AND PUBLIC CONVENIENCE OR NECESSITY (PCN 22-001) shall become effective on May 17, 2022 unless appealed to the Planning Commission by May 16, 2022 (10 calendar days after action by the Planning Commission). The appeal shall be in writing and shall be accompanied by the required fee.

3. The conditions of approval of this project shall supersede all conflicting notations, specifications, dimensions, typical sections, and the like, which may be shown on the project development plans.

4. This project site shall be developed in accordance with the approved plan(s) and the conditions contained herein.

13.B

City of Hemet –Draft Conditions of Approval
CONDITIONAL USE PERMIT (CUP 21-015) AND PUBLIC CONVENIENCE OR NECESSITY (PCN22-001) - Plaza Liquor

5. This project shall comply with all sections of the Zoning Ordinance, Subdivision Ordinance and all other applicable Local, State and Federal laws and regulations in effect at the time of the building permit application and/or time of recordation, including the California Building Code, California Fire Code, and City and State Handicapped Accessibility Requirements (California Code of Regulations, Title 24).

6. Prior to the issuance of building permits, the applicant shall be subject to all applicable development fees at the rate in effect at the time of building permit application for the tenant improvement.

7. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in defense of the Action. (City Council Resolution No. 3693, 12-17-02)

8. Construction activity shall meet the requirements of the Hemet Municipal Code Chapter 30, Article II.

PLANNING DIVISION CONDITIONS
The following conditions of approval are project specific and were recommended by the Planning Division. Questions regarding compliance with these conditions should be directed to the City of Hemet Planning Division at (951) 765-2375.

Standards. The following standards shall apply to all uses engaging in the on-sale or off-sale of alcoholic beverages, including without limitation uses in existence prior to the effective date of the ordinance from which this section derives and uses that are listed in subsection (e)(1) as exempt from the conditional use permit requirement:

13.B

City of Hemet –Draft Conditions of Approval
CONDITIONAL USE PERMIT (CUP 21-015) AND PUBLIC CONVENIENCE OR NECESSITY (PCN22-001) - Plaza Liquor

9. Public consumption. If the use engages in the off-sale of alcohol but not the on-sale of alcohol, the owner or operator shall post a sign to indicate that it is unlawful for a person to consume alcoholic beverages in a public place or where posted.

10. Open containers. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises.

11. Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of alcoholic beverages, and it shall be the responsibility of the owner of any such establishment to post "No Loitering" signs and actively enforce measures that preclude loitering.

12. Lighting. The use shall maintain lighting to provide illumination for the security and safety of parking and access areas. The lighting shall be provided at a level of no less than one foot-candle throughout in parking lots and access areas.

13. Security/surveillance. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of 24 hours of operation. The facility operator shall maintain the recordings for the prior 60 days.

14. Graffiti. The owner or operator of the use shall remove or paint over any graffiti within 48 hours of the graffiti being painted or marked upon the premises.

15. The applicant shall sign a graffiti removal property access waiver. The City shall have access to the property for the removal of the graffiti on any portion of the building or site if graffiti is not removed within 48 hours of notification by the City. The property owner or business owner and or tenant shall incur any associated costs for said graffiti removal.

16. Displays and signs. There shall be no interior displays of alcoholic beverages or signs which are clearly visible to the exterior. There shall be no exterior advertising or sign of any kind promoting or indicating the availability of alcoholic beverages. No more than 25 percent of the square footage of each window and glass-paneled door shall bear advertising or signs of any sort, and all advertising and signage shall be placed in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises.

17. Litter. The owner or operator of the use shall remove litter from the premises daily, and shall keep the premises swept to prevent debris build up. Trash bins in approved enclosures shall be provided.

18. ABC training. The owner or operator of the use shall provide ABC approved or certified training for all employees who sell or serve alcoholic beverages within 30 days of opening for business, and all new employees thereafter shall be trained within 30 days of the date of their employment.

19. Any uses not specifically permitted as part of, or not determined to be in substantial conformance by the Community Development Director to this Conditional Use Permit

13.B

City of Hemet –Draft Conditions of Approval
CONDITIONAL USE PERMIT (CUP 21-015) AND PUBLIC CONVENIENCE OR NECESSITY (PCN22-001) - Plaza Liquor

No. 21-015, shall require submittal and approval of an application for the modification of the Conditional Use Permit.

20. The liquor store shall not carry 50 milliliter (1.7 ounces) bottles of spirits also known as mini liquor bottles, or smaller. The sale of beer or malt beverages shall be sold in manufacturer pre-packaged quantities of three or more, with a total volume of not less than 23.5 ounces. Beer or malt beverages shall not be sold in quantities of 22 ounces, 32 ounces, 40 ounces, or similar size container as single containers.

21. A Conditional Use Permit shall be required if tobacco products or paraphernalia exceed 15 percent or more of the square footage of the establishment pursuant to Section 90- 80(6) of the Hemet Municipal Code.

22. Additional conditions. In approving a conditional use permit to establish a use selling alcoholic beverages, the decision-making body may impose additional reasonable conditions on the use to ensure that it operates in a manner that provides adequate protection of the public health, safety, and general welfare.

Signage

23. Signage is not approved as part of this Project. The applicant shall submit plans for a Permanent Sign Permit from the Planning Department and building permit from the Building Department, which are consistent with the Hemet Municipal Code.

BUILDING SAFETY DIVISION CONDITIONS
The following conditions of approval are project specific and were recommended by the Building Department. Questions regarding compliance with these conditions should be directed to the City of Hemet Building Department at (951) 765-2475.

24. Businesses shall not open for operation prior to posting of Certificate of Occupancy issued by the Building Division.

FIRE DEPARMENT CONDITIONS
Unless specifically stated herein, these conditions shall not be construed to permit or allow deviation from any Federal or State laws nor any of the local codes and ordinances adopted by this jurisdiction. The City of Hemet enforces the California Code of Regulations (CCR), Title 24, Part 9, 2019 California Fire Code without local amendments.

In addition, CCR Title 19 requirements may be applicable. The design professional should refer to these provisions for guidance when developing project drawings and specifications.

Fire Department has no comments.

13.B

City of Hemet –Draft Conditions of Approval
CONDITIONAL USE PERMIT (CUP 21-015) AND PUBLIC CONVENIENCE OR NECESSITY (PCN22-001) - Plaza Liquor

PUBLIC WORKS DEPARTMENT CONDITIONS

25. The City of Hemet has an exclusive Franchise Agreement with CR&R Inc. to collect and dispose of all waste including commercial, residential and construction debris within the City of Hemet. Contact CR&R at 1-800-755-8112 to set up solid waste collection services and to help you meet your waste reduction goals.

26. If the property owner is providing solid waste services, please provide a letter from the property owner stating so. The letter should include the account holders name and account number.

27. AB 341 - All businesses that generate 4 or more cubic yards of waste per week must make arrangements for recycling collection services with CR&R or donate, sell and/or self-haul their recyclables to a recycling facility.

28. AB 1826 - All businesses that generate 2 or more cubic yards of waste per week must make arrangements for organics collection services with CR&R or donate, sell and/or self-haul their recyclables and organics to a recycling facility.

ENGINEERING DEPARTMENT CONDITIONS
The following conditions of approval are project specific and were recommended by the Engineering Department. Questions regarding compliance with these conditions should be directed to the City of Hemet Public Works - Engineering Department at (951) 765-2360.

Engineering Department has no comments.

END

13.B

City of Hemet
Planning Commission Meeting

PLANNING STAFF REPORT
Meeting: Planning Commission Meeting - Apr 19 2022
Department: Planning Commission
Submitted by: H. P. Kang, Community Development Director, Soledad Carrisoza, Assistant Planner
TITLE:

Conditional Use Permit 21-015 and Public Convenience or Necessity 22-001 Plaza Liquor - For the operation of a 2,448 square foot liquor store in an existing building within the Page Plaza Shopping Center and a determination that Public Convenience or Necessity (PCN) will be served.

PROJECT APPLICANT INFORMATION:

Applicant: Plaza Liquor - Pravin Patel
Property Owner: Page Plaza LLC - Alan Hasso
Project Location: 1135 S. Sanderson Avenue
APN (s): 460-250-028
Site Area: 2,448 square feet
ATTACHMENT(S):

Attachment No. 1 - PC Resolution - Plaza Liquor
Exhibit 1A - Site, floor and elevation plan
Exhibit 1B - Draft Conditions of Approval_Pacific Inland Healthcare Attachment No. 2 - GPLU Map
Attachment No. 3 - Zoning Map
Attachment No. 4 - Aerial Map
Attachment No. 5 - Photo of Site
Attachment No. 6 - Signatures in Support
Attachment No. 7 - Applicant letter and responses to findings RECOMMENDED ACTION:

It is respectfully recommended:

1. That the Planning Commission adopt Planning Commission Resolution (Attachment No. 1), approving Conditional Use Permit (CUP) 21-015 subject to Conditions of Approval (Exhibit 1B) and to make a determination of Public Convenience or Necessity; and

13.B

2. Direct staff to file a Notice of Exemption with the County Clerk.

PLANNING COMMISSION APPROVAL AUTHORITY:

Per Section 90-42.4 The Planning Commission shall be responsible for the review and approval of conditional use permits. The Planning Commission may impose conditions of approval which pertain to the development of the property and the operating conditions of the proposed use. Such conditions shall promote the safe and orderly use of the property and preserve the integrity and character of the surrounding land uses, as appropriate.

Per Section 90-90(f) In addition to the findings applicable to conditional use permits under Section 90- 42, the decision-making body shall make supplement findings before approving a conditional use permit for on-sale or off-sale of alcoholic beverages.

Per Section 90-90(h) When ABC requests that the City make a determination of PCN, if the use is not exempt, the PCN determination shall be made by the Planning Commission if the proposed use would require a conditional use permit under this section. Pursuant to Section 90-90(h) of the Hemet Municipal Code, the planning commission may consult with the chief of police in making its determination.

PROJECT SETTING:

Plaza Liquor is proposed in a 2,448 square foot suite located with the Page Plaza Shopping Center in the Page Plaza Specific Plan (SP00-001). The Plaza is located on the southwest corner of Sanderson and Stetson Avenues and consists of several clustered suites, in line shops, and stand alone buildings.

Tenants in Page Plaza include Wal-Mart, Starbucks, US Bank, Farmer Boys, 76 Gas Station, WalGreens, Sonic Burger and a variety restaurants, clothing stores and other retailers. The Page Plaza Specific Plan permitted uses and development standards shall be consistent with the General Commercial (C-2) zone. Per Section 90-893 of the Hemet Municipal Code, a liquor store in the General Commercial (C-2) zone is subject to a Conditional Use Permit.

See the following attachments for more details.
• General Plan Land Use Designation Map (Attachment No.2) • Surrounding Zoning Map (Attachment No. 3)
• Aerial Photographs (Attachment No. 4)
• Site Photos (Attachment No. 5)
PROJECT DESCRIPTION & ANALYSIS:

Request
The applicant is requesting approval for the operation of liquor store in a 2,448 square foot suite located in the Page Plaza Shopping Center. This involves approval of a Type 21 Alcohol Beverage Control (ABC) license for the off-sale of alcoholic beverages for off-site consumption. Proposed hours of operation are from 7:00am to 9:00pm Sunday through Thursday and 7:00am to 10:00pm Friday through Saturday. As indicated by the applicant, Plaza Liquor offers retail and a wide range of liquors, beer and wines, coffee, groceries, snack foods, confectionary, soft drinks, tobacco products, lottery tickets, and over the counter drug and toiletries.

Background

13.B

Plaza Liquor has operated from their present location at 3364 Wentworth for the last 13 years. Due to the lease expiring and not being renewed, the operator is required to relocate his business. The owner is proposing to relocate his liquor store to the Page Plaza Shopping Center which is approximately 1/2 mile from the current location. The applicant selected this location as it is not too far a distance from its present location and would be a convenient location for his customers to continue patronizing his business.

Existing Location of Business (Wentworth Plaza)
Plaza Liquor's present location, 3364 Wentworth, is located within census tract 435.19. This tract does not allow any Off-Sale licenses by Alcohol Beverage Control (ABC). Presently there are four (4) including Plaza Liquor and therefore deemed overconcentrated by ABC.

Proposed Re-location of Business (Page Plaza)
Plaza Liquor is proposing to re-locate their business to1135 S. Sanderson, which is located within census tract 433.19. Two (2) Type 20 Off-Sale licenses are allowed within this census tract. As illustrated in the aerial map below, there are currently three (3) Type 20 off-sale licenses issued within that census tract and deemed overconcentrated by ABC. This does not include Wal-Mart, which is a Type 21 License. Approving Plaza Liquor at this location increases the number of Off-Sale ABC licenses from three (3) to four (4) per the ABC website.

Public Convenience or Necessity
When ABC requests that the City make a determination of Public Convenience and Necessity, the determination shall be made by the Planning Commission if the proposed use requires a conditional use permit. Pursuant to Section 90-90(h) of the Hemet Municipal Code, the Planning Commission may consult with the chief of police in making its determination. Pursuant Section 90-90 (h) (3) a PCN determination shall be based on the findings as discussed below.

Additionally, the applicant has stated that Plaza Liquor has a large clientele group who support his business and have provided their signatures requesting that Planning Commission approve the Conditional Use Permit and make a determination this CUP provides a public convenience or necessity.

The applicant submitted 150 signatures. See Attachment No. 6. Additionally, the applicant has provided a letter and responses to findings. See Attachment No. 7.

13.B

Analysis
Plaza Liquor is proposed in the Page Plaza shopping center. Page Plaza is an existing 40-acre commercial shopping center located in the Page Plaza Specific Plan. Per the Specific Plan permitted uses and development standards shall be consistent with the overall General Commercial (C-2) zone for the City of Hemet. Pursuant Section 90-90 Liquor stores is a conditionally permitted use.

Proposed hours of operation are from 7:00am to 9:00pm Sunday through Thursday and 7:00am to 10:00pm Friday through Saturday. The applicant has stated Plaza Liquor has been in operation over 13 years and has operated within ABC's and the City's rules and regulations such as refusal of service when necessary and the closing hours by 9:00 p.m. on weekdays and 10:00 p.m. on Fridays and Saturdays for public and their staff safety.

Furthermore, the applicant states the cash register will have an age verification feature and all employees will have Licensee Education on Alcohol and Drugs (LEAD) training (training offered by ABC to licensees and their employees). An alarm system will be installed with a panic button at the register and inside of the walk-in cooler. Per the ABC website the LEAD training program provides attendees with practical information on selling alcoholic beverages safely, responsibly, and legally, with

13.B

emphasis on preventing sales to minors, sales to obviously intoxicated person, and illicit drug activity at the licensed establishment. Additionally, security cameras will be installed throughout the store and out, that can be monitored remotely.

Conditions 1 through 28 (Attachment No. 1B) shall ensure that the establishment is operated or maintained in a manner that will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The applicant has agreed to the following notable conditions.
• Public consumption. The owner or operator shall post a sign to indicate that it is unlawful for a person to consume alcoholic beverages in a public place or where posted. • Open containers. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. • Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of alcoholic beverages and it shall be the responsibility of the owner of any such establishment to post "No Loitering" signs and actively enforce measures that preclude loitering.
• Graffiti. The owner or operator of the use shall remove or paint over any graffiti within 8 hours
• The liquor store shall not carry 50 milliliter (1.7 ounces) bottles of spirits also known as mini liquor bottles, or smaller.
• A Conditional Use Permit shall be required if tobacco products or paraphernalia exceed 15 percent or more of the square footage of the establishment pursuant to Section 90-80(6) of the Hemet Municipal Code.

Police Department Review
The Police department was contacted by staff to provide calls for service for the last year for liquor stores within the vicinity. Police records provided calls for three liquors stores, one had 10 calls, one had two calls and Plaza Liquor had 10 calls, the calls were from January 1, 2021 to December 2021. Plaza Liquor's number of calls does not indicate an excess number of "quality of life" calls to its present location and current measures as well as conditions of approval are designed to prevent adverse impacts to proposed location.

PROPOSED FINDINGS:

CUP Findings - Sec. 90-42.5. - Findings required. Upon approval of a conditional use permit, the following findings shall be made by the approving authority:
(1) That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the zone in which the site is located;
Finding: Plaza Liquor is proposed in the Page Plaza shopping center. Page Plaza is an existing 40-acre commercial shopping center located in the Page Plaza Specific Plan. The Page Plaza Specific Plan permitted uses and development standards shall be consistent with the General Commercial (C-2) zone. Pursuant Section 90-90 Liquor stores is a conditionally permitted use. (2) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and

13.B

Finding: Plaza Liquor is proposed in the Page Plaza shopping center. Page Plaza is an existing 40-acre commercial shopping center located in the Page Plaza Specific Plan. The Page Plaza Specific Plan permitted uses and development standards shall be consistent with the General Commercial (C-2) zone. Per Section 90-893 of the Hemet Municipal Code, a liquor store in the General Commercial (C-2) zone is subject to a Conditional Use Permit.

Proposed hours of operation are from 7:00am to 9:00pm Sunday through Thursday and 7:00am to 10:00pm Friday through Saturday. The applicant has stated Plaza Liquor has been in operation over 13 years and has operated within ABC's and the City's rules and regulations, they refuse service when necessary and the closing hours are at 9:00 p.m. on weekdays and 10:00 p.m. on Friday and Saturday. The applicant states they maintain these hours keeping in mind the safety of the public and their staff.

Further, the applicant states the cash register will have an age verification feature when selling products that are age restricted and all employees will have Licensee Education on Alcohol and Drugs (LEAD) training (training offered by ABC to licensees and their employees). They will always maintain adequate staffing to ensure safety and security. Additionally, security cameras will be installed throughout the store and out, that can be monitored remotely. An alarm system will be installed with a panic button at the register and inside of the walk-in cooler.

Conditions 1 through 28 (Attachment No. 1B) shall ensure that the establishment is operated or maintained in a manner that will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The applicant has agreed to the following notable conditions.
• Public consumption. The owner or operator shall post a sign to indicate that it is unlawful for a person to consume alcoholic beverages in a public place or where posted. • Open containers. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. • Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of alcoholic beverages and it shall be the responsibility of the owner of any such establishment to post "No Loitering" signs and actively enforce measures that preclude loitering.
• Graffiti. The owner or operator of the use shall remove or paint over any graffiti within 8 hours
• The liquor store shall not carry 50 milliliter (1.7 ounces) bottles of spirits also known as mini liquor bottles, or smaller.
• A Conditional Use Permit shall be required if tobacco products or paraphernalia exceed 15 percent or more of the square footage of the establishment pursuant to Section 90-80(6) of the Hemet Municipal Code.

Additionally, the applicant has stated his employees receive Licensee Education on Alcohol and Drugs (LEAD) training. Per the ABC website the LEAD training program provides attendees with practical information on selling alcoholic beverages safely, responsibly, and legally, with emphasis on preventing sales to minors, sales to obviously intoxicated person, and illicit drug activity at the licensed establishment.
(3) That the use and operation is consistent with the general plan elements, goals, and policies; and

13.B

Finding: LU-6.7 Regulate Sensitive Land Uses Appropriately control the location, concentration and number of community sensitive land uses such as alcohol sales, tobacco products, adult businesses, medical marijuana dispensaries, and entertainment venues, and require measures to prevent adverse impacts to adjoining residences, businesses, schools, parks, medical facilities, and religious facilities consistent with City, State and Federal laws.

Plaza Liquor is not adding an Off-Sale license to the City of Hemet. It is relocating from a location where it has operated over 13 years to another location approximately 1/2 mile away. The Police department was contacted by staff to provide calls for service for the last year for liquor stores within the vicinity. Police records provided calls for three liquors stores, one had 10 calls, one had two calls and Plaza Liquor had 10 calls, the calls were from January 1, 2021 to December 2021.

Plaza Liquor's number of calls does not indicate an excess number of "quality of life" calls to its present location and current measures as well as conditions of approval are designed to prevent adverse impacts to proposed location.

LU-13.6 Business Retention Support the retention and expansion of existing businesses and encourage local employment.

Plaza Liquor has operated from Wentworth Plaza for over 13 years. Through unforeseen circumstances the business owner is required to relocate and apply for a Conditional Use Permit.

Were it not for the circumstances that require the relocation Plaza Liquor would have remained at its present location indefinitely.

LU-13-7 Reuse of Underutilized Properties Encourage the reuse of vacant, underutilized, or obsolete commercial and industrial buildings with higher value uses that are consistent with the General Plan goals and policies.

The location Plaza Liquor is proposing to occupy has been vacant for several years.

The previous tenant was Radio Shack who closed their doors five years ago. Plaza Liquor operating in this location will eliminate a vacant building in the center. (4) That the type, intensity, sensitivity and operating characteristics of the proposed use, and the manner in which they will be located on the site, are compatible with existing land uses, the character of established neighborhoods, or planned development in the vicinity.

Finding: The proposed location is in the shopping center with heavy retail and restaurant use.

The use will be complimentary to the existing businesses and will add convenience to the shopping needs of the people who work in the center and surrounding neighborhood without having to travel too far.

Alcohol Sales Findings - Per Section 90-90 - Findings. In addition to the findings applicable to conditional use permits under section 90-42 et seq., the decision-making body shall make the following supplemental findings before approving a conditional use permit for a use that engages in the on-sale or off-sale of alcoholic beverages:
(1) The use complies with all of the following separation requirements. Notwithstanding the foregoing, the decision-making body may issue a conditional use permit to a use that does not comply with one or more of the following separation standards if it finds that unique circumstances exist that justify noncompliance with the separation standards:

13.B

a. The use is located at least 600 feet, as measured from property line to property line, from any existing public or private schools (K through 12), public parks, or places of worship; Finding: West Valley High School is approximately 2,590 feet from the proposed Plaza Liquor.

The closest church is located at 1326 W. Johnston Avenue and is approximately 2,000 feet from the proposed Plaza Liquor location. Mary Henley Park is approximately 3,000 feet and Brubaker Park is approximately 3,500 feet from the proposed Plaza Liquor. b. The use is located at least 100 feet, as measured from property line to property line, from existing residential uses or land that is zoned for residential uses.

Finding: Residential zoned or uses are approximately 580 feet from the proposed Plaza Liquor. c. The use is located at least 1,000 feet, as measured from property line to property line, from existing parolee-probationer homes, emergency shelters, supportive housing, or transitional housing.

Finding: There are no known uses that are mentioned uses within 1,000 feet from proposed Plaza Liquor.
(2) The use is fully visible from a public street with an unobstructed view from the public street for public safety.

Finding: The proposed location is a suite located within a cluster of attached buildings within the Page Plaza center. Page Plaza has internal streets and drive aisles within the center, and the proposed suite has parking stalls, drive aisles and large windows directly in front of the building.

The use is fully visible with an unobstructed view from the drive aisles within the center. (3) The proposed use will not be detrimental to surrounding properties and neighborhoods, including ensuring that the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.

Finding: Conditions of Approval address the following:
• Public consumption. The owner or operator shall post a sign to indicate that it is unlawful for a person to consume alcoholic beverages in a public place or where posted. • Open containers. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises. • Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of alcoholic beverages and it shall be the responsibility of the owner of any such establishment to post "No Loitering" signs and actively enforce measures that preclude loitering.
• Graffiti. The owner or operator of the use shall remove or paint over any graffiti within 48 hours of the graffiti being painted or marked upon the premises. • Security/surveillance. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of 24 hours of operation. The facility operator shall maintain the recordings for the prior 60 days.

13.B

Additionally, the applicant has stated his employees receive Licensee Education on Alcohol and Drugs (LEAD) training. Per the ABC website the LEAD training program provides attendees with practical information on selling alcoholic beverages safely, responsibly, and legally, with emphasis on preventing sales to minors, sales to obviously intoxicated person, and illicit drug activity at the licensed establishment.

Furthermore, the applicant has agreed to conditions prohibiting the sale of 50 milliliter (1.7 ounces) bottle of spirits also known as mini-liquor bottles, or smaller and, the sale of beer or malt beverages shall be sold in manufacturer pre-packaged quantities of three or more, with a total volume of not less than 23.5 ounces. Beer or malt beverages shall not be sold in quantities of 22 ounces, 32 ounces, 40 ounces, or similar size containers as single containers. As recommended by the City Council on a previously approved CUP.

Public Convenience or Necessity Findings - Per Section 90-90 (h) (3) A PCN determination shall be based on the following findings:
a. The public convenience would be served by the establishment of the proposed use.

Finding: The applicant has stated he has many loyal clients and he selected a location close to his present location as he wanted to continue serving his clients without having them go out of their neighborhood. The applicant has also gathered 150 signatures of persons who support that Plaza Liquor serves a public convenience or necessity.
b. The proposed use is not anticipated to be a source of nuisance behavior associated with the excessive consumption of alcoholic beverages, or the exposure of alcoholic beverages to minors.

Finding: By operating under reasonable hours during the last 13 years at the current location, the applicant states they have avoided major nuisance behavior associated with excessive consumption of alcoholic beverages. They have maintained a family friendly environment and taken pride in their business and responsibility in the community. Further their employees are well trained and do their jobs responsibly. They go through extensive training provided by ABC and their registers will be equipped with age verification feature. c. The proposed use would not be detrimental to the public health, safety or welfare.

Finding: The applicant has over 13 years of experience operating a liquor store. Police calls to their present location indicate similar number of calls for liquor stores. Hemet Police department provided staff with calls made to three liquor stores in the vicinity for the year 2021. One had 10 calls, another had two and Plaza Liquor had 10. Plaza Liquor's number of calls does not indicate an excess number of "quality of life" calls to its present location and current measures as well as conditions of approval are designed to prevent any detriment to the public health, safety or welfare. d. The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area.

Finding: The applicant states they understand the importance of maintaining the appearance of their facility in order to expand their customer base and to prevent criminal activity. Keeping the windows clear so that passing motorists and police have direct view into the facility, and by providing adequate interior and exterior lighting helps provide a safe environment to patrons and employees.

13.B

e. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan, this section and any applicable zoning regulations contained in this chapter.

Finding: The Land Use policies below indicated the proposed use is consistent with general plan land uses. Additionally, Liquor stores are permitted in the zone with approval of a Conditional Use Permit.

LU-6.7 Regulate Sensitive Land Uses Appropriately control the location, concentration and number of community sensitive land uses such as alcohol sales, tobacco products, adult businesses, medical marijuana dispensaries, and entertainment venues, and require measures to prevent adverse impacts to adjoining residences, businesses, schools, parks, medical facilities, and religious facilities consistent with City, State and Federal laws.

Plaza Liquor is not adding an Off-Sale license to the City of Hemet. It is relocating from a location where it has operated over 13 years to another location approximately 1/2 mile away. The Police department was contacted by staff to provide calls for service for the last year for liquor stores within the vicinity. Police records provided calls for three liquors stores, one had 10 calls, one had two calls and Plaza Liquor had 10 calls, the calls were from January 1, 2021 to December 2021.

Plaza Liquor's number of calls does not indicate an excess number of "quality of life" calls to its present location and current measures as well as conditions of approval are designed to prevent adverse impacts to proposed location.

LU-13.6 Business Retention Support the retention and expansion of existing businesses and encourage local employment.

Plaza Liquor has operated from Wentworth Plaza for over 13 years. Through unforeseen circumstances the business owner is required to relocate and apply for a Conditional Use Permit.

Were it not for the circumstances that require the relocation Plaza Liquor would have remained at its present location indefinitely.

LU-13-7 Reuse of Underutilized Properties Encourage the reuse of vacant, underutilized, or obsolete commercial and industrial buildings with higher value uses that are consistent with the General Plan goals and policies.

The location Plaza Liquor is proposing to occupy has been vacant for several years.

The previous was Radio Shack who closed their doors 5 years ago. Plaza Liquor operating in this location will eliminate a vacant building in the center.

GENERAL PLAN AND ZONING CONSISTENCY:

The subject property is designated as CC (Community Commercial) in the Hemet General Plan designation. The Community Commercial designation provides for general retail, markets, commercial services, restaurants, lodging, commercial recreation, professional offices and financial institutions. CC areas are typically located near residential, office or industry activity centers or major arterial corridors, and are designed to serve the needs of the community at-large. The proposed liquor store is an approved use, subject to a Conditional Use Permit. The conditions of approval shall ensure that the use and operation is consistent with zoning, general plan, goals, and policies.

13.B

CEQA REVIEW:

The project is exempt from CEQA in accordance with the California Environmental Quality Act Section 15301, Class 1(a) (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The site is developed and the Conditional Use Permit is for the operation of a liquor store, the applicant is proposing no expansion to the site.

PUBLIC COMMUNICATIONS RECEIVED:

On April 8, 2022 the City gave public notice by advertising in the Press Enterprise and by mailing to property owners and tenants, within 500 feet of the property parcel boundaries, of the holding of a public hearing at which the project would be considered by the Planning Commission.

On Wednesday, April 13, 2022 staff received a call from Mr. Brian Agha who received the notice by mail and had questions regarding the proposed use and said he would be present at the Planning Commission hearing as he is opposing this Conditional Use Permit. Mr. Agha represents Just For Fun, the gas station with convenience store located in the Page Plaza center and has applied to upgrade from a Type 20 Off-Sale to a Type 21 Off-Sale on two separate occasions and has been denied both times.

INCORPORATED HEREIN BY REFERENCE:

City of Hemet General Plan
City of Hemet Zoning Ordinance
Calls for Service from Hemet Police Department
STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

The location Plaza Liquor is proposing to occupy has been vacant for several years. The previous was Radio Shack who closed their doors 5 years ago. Plaza Liquor operating in this location will eliminate a vacant building in the Page Plaza center.

Objective 3: Increase Public Safety visibility and response.

The applicant states he understands the social responsibility to operate a business of this nature and has always operated within ABC and City rules and regulations. For the safety of his employees, customers and the public the applicant shall install video surveillance equipment, and additional interior and exterior lighting. Furthermore, the applicant shall see his employees receive Licensee Education on Alcohol and Drugs (LEAD) training. Per the ABC website the LEAD training program provides attendees with practical information on selling alcoholic beverages safely, responsibly, and legally, with emphasis on preventing sales to minors, sales to obviously intoxicated person, and illicit drug activity at the licensed establishment.

13.B

Planning Commission Resolution
CUP 21-015 Plaza Liquor

1 2
3 4
5 6
7 CITY OF HEMET
8 Hemet, California
9 10 PLANNING COMMISSION
11 RESOLUTION
12 13 A RESOLUTION OF THE PLANNING COMMISSION OF
14 THE CITY OF HEMET, CALIFORNIA APPROVING
15 CONDITIONAL USE PERMIT (CUP) 21-015 PLAZA LIQUOR
16 FOR THE OPERATION OF A LIQUOR STORE WITHIN AN
17 EXISTING 2,448 SQUARE FOOT SUITE IN THE PAGE
18 PLAZA SPECIFIC PLAN LOCATED AT 1135 S.
19 SANDERSON AVENUE.
20 21
22 WHEREAS, an application for Conditional Use Permit (CUP 21-015) Plaza Liquor was 23 duly filed for consideration by:
24 25 Applicant: Pravin Patel – Plaza Liquor
26 Property Owner: Page Plaza LLC – Alan Hasso
27 Project Location: 1135 S. Sanderson Avenue
28 APN: 460-250-028
29 Site Area: 2,448 square feet
30 31 WHEREAS, A Conditional Use Permit (CUP 21-015) was submitted for 32 consideration on December 8, 2021 for the project; and 33 34 WHEREAS, the Planning Commission has the authority per section 90-42.4 and 35 90-48.1(a) et seq. of the Hemet Municipal Code to take action on Conditional Use 36 Permit (CUP 21-012) for the operation of the proposed use; and 37 38 WHEREAS, on April 8, 2022 the City gave public notice by advertising in the 39 Press Enterprise and by mailing to property owners and tenants within 500 feet, of the 40 holding of a public hearing at which the project would be considered by the Planning 41 Commission; and
42 43 WHEREAS, on April 19, 2022, the Planning Commission held the noticed public 44 hearing at which interested persons had an opportunity to testify in support of, or 45 opposition to, the proposed Conditional Use Permit (CUP 21-015) and at which the 46 Planning Commission considered the proposed Conditional Use Permit; and

13.B

Planning Commission Resolution
CUP 21-015 Plaza Liquor

1 WHEREAS, the Planning Commission of the City of Hemet has considered oral 2 and written comments, pros and cons, as presented by the Planning Division, the 3 applicant and other interested parties at a public meeting held April 19, 2022 and 4 approved the Conditional Use Permit (CUP 21-015) subject to Conditions of Approval; 5 and
6 7 NOW, THEREFORE, the Planning Commission of the City of Hemet now finds, 8 determines and resolves as follows:
9 10 SECTION 1: ENVIRONMENTAL REVIEW
11 12 The Planning Commission, in light of the whole record before it, including but not limited 13 to, the City’s local CEQA Guidelines and thresholds of Significance, the 14 recommendation of the Community Development Director as provided in the Staff 15 Report dated April 19, 2022, all documents incorporated therein by reference, and any 16 other evidence (within the meaning of Public Resources Code §21080(e) and 17 §21082.2) within the record or provided at the public hearing of this matter, hereby finds 18 and determines as follows:
19 20 1. The project is exempt from CEQA in accordance with the California 21 Environmental Quality Act Section 15301, Class 1(a) (Existing Facilities), which 22 consists of the operation, repair, maintenance, permitting, leasing, licensing, or 23 minor alteration of existing public or private structures, facilities, mechanical 24 equipment, or topographical features, involving negligible or no expansion of use 25 beyond that existing at the time of the lead agency's determination. The site is 26 developed and the Conditional Use Permit is for the operation of a liquor store, 27 the applicant is proposing no expansion to the site. 28 29 2. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). The 30 project is located outside of any MSHCP criteria area and mitigation is provided 31 through payment of the MSHCP Mitigation Fee. Therefore, project is found to be 32 consistent with the MSHCP.
33 34 NOW, THEREFORE, the Planning Commission of the City of Hemet does 35 Resolve, Determine, Find and Order as follows:
36 37 SECTION 2: CONDITIONAL USE PERMIT FINDINGS
38 39 In light of the record before it, including the staff report dated April 19, 2022 and all 40 evidence and testimony heard at the public meeting of this item, the Planning 41 Commission hereby finds as follows:
42 43 (1) That the proposed location of the conditional use is in accord with the objectives of 44 this chapter and the purposes of the zone in which the site is located; 45 46 Finding: Plaza Liquor is proposed in the Page Plaza shopping center. Page Plaza 47 is an existing 40-acre commercial shopping center located in the Page Plaza

13.B

Planning Commission Resolution
CUP 21-015 Plaza Liquor

1 Specific Plan. The Page Plaza Specific Plan permitted uses and development 2 standards shall be consistent with the General Commercial (C-2) zone. Pursuant 3 Section 90-90 Liquor stores is a conditionally permitted use. 4 5 (2) That the proposed location of the conditional use and the conditions under which it 6 would be operated or maintained will not be detrimental to the public health, safety or 7 welfare, or materially injurious to properties or improvements in the vicinity; and 8 9 Finding: Plaza Liquor is proposed in the Page Plaza shopping center. Page Plaza 10 is an existing 40-acre commercial shopping center located in the Page Plaza 11 Specific Plan. The Page Plaza Specific Plan permitted uses and development 12 standards shall be consistent with the General Commercial (C-2) zone. Per Section 13 90-893 of the Hemet Municipal Code, a liquor store in the General Commercial (C14 2) zone is subject to a Conditional Use Permit. 15 16 Proposed hours of operation are from 7:00am to 9:00pm Sunday through Thursday 17 and 7:00am to 10:00pm Friday through Saturday. The applicant has stated Plaza 18 Liquor has been in operation over 13 years and has operated within ABC's and the 19 City's rules and regulations, they refuse service when necessary and the closing 20 hours are at 9:00 p.m. on weekdays and 10:00 p.m. on Friday and Saturday. The 21 applicant states they maintain these hours keeping in mind the safety of the public 22 and their staff.
23 24 Further, the applicant states the cash register will have an age verification feature 25 when selling products that are age restricted and all employees will have Licensee 26 Education on Alcohol and Drugs (LEAD) training (training offered by ABC to 27 licensees and their employees). They will always maintain adequate staffing to 28 ensure safety and security. Additionally, security cameras will be installed 29 throughout the store and out, that can be monitored remotely. An alarm system will 30 be installed with a panic button at the register and inside of the walk-in cooler. 31 32 Conditions 1 through 28 (Attachment No. 1B) shall ensure that the establishment is 33 operated or maintained in a manner that will not be detrimental to the public health, 34 safety or welfare, or materially injurious to properties or improvements in the 35 vicinity. The applicant has agreed to the following notable conditions. 36 • Public consumption. The owner or operator shall post a sign to indicate that it is 37 unlawful for a person to consume alcoholic beverages in a public place or where 38 posted.
39 • Open containers. The possession of alcoholic beverages in open containers and 40 the consumption of alcoholic beverages are prohibited on or around the premises. 41 • Loitering. Loitering is prohibited on or around the premises of any use engaging in 42 the dispensing or sale of alcoholic beverages and it shall be the responsibility of the 43 owner of any such establishment to post "No Loitering" signs and actively enforce 44 measures that preclude loitering.

13.B

Planning Commission Resolution
CUP 21-015 Plaza Liquor

1 • Graffiti. The owner or operator of the use shall remove or paint over any graffiti 2 within 8 hours
3 • The liquor store shall not carry 50 milliliter (1.7 ounces) bottles of spirits also known 4 as mini liquor bottles, or smaller.
5 • A Conditional Use Permit shall be required if tobacco products or paraphernalia 6 exceed 15 percent or more of the square footage of the establishment pursuant to 7 Section 90-80(6) of the Hemet Municipal Code.
8 Additionally, the applicant has stated his employees receive Licensee Education on 9 Alcohol and Drugs (LEAD) training. Per the ABC website the LEAD training 10 program provides attendees with practical information on selling alcoholic 11 beverages safely, responsibly, and legally, with emphasis on preventing sales to 12 minors, sales to obviously intoxicated person, and illicit drug activity at the licensed 13 establishment.
14 15 (3) That the use and operation is consistent with the general plan elements, goals, and 16 policies; and
17 18 Finding: LU-6.7 Regulate Sensitive Land Uses Appropriately control the location, 19 concentration and number of community sensitive land uses such as alcohol sales, 20 tobacco products, adult businesses, medical marijuana dispensaries, and 21 entertainment venues, and require measures to prevent adverse impacts to 22 adjoining residences, businesses, schools, parks, medical facilities, and religious 23 facilities consistent with City, State and Federal laws. 24 25 Plaza Liquor is not adding an Off-Sale license to the City of Hemet. It is relocating 26 from a location where it has operated over 13 years to another location 27 approximately 1/2 mile away. The Police department was contacted by staff to 28 provide calls for service for the last year for liquor stores within the vicinity. Police 29 records provided calls for three liquors stores, one had 10 calls, one had two calls 30 and Plaza Liquor had 10 calls, the calls were from January 1, 2021 to December 31 2021. Plaza Liquor's number of calls does not indicate an excess number of "quality 32 of life" calls to its present location and current measures as well as conditions of 33 approval are designed to prevent adverse impacts to proposed location. 34 35 LU-13.6 Business Retention Support the retention and expansion of existing 36 businesses and encourage local employment.
37 38 Plaza Liquor has operated from Wentworth Plaza for over 13 years. Through 39 unforeseen circumstances the business owner is required to relocate and apply for 40 a Conditional Use Permit. Were it not for the circumstances that require the 41 relocation Plaza Liquor would have remained at its present location indefinitely. 42 43 LU-13-7 Reuse of Underutilized Properties Encourage the reuse of vacant, 44 underutilized, or obsolete commercial and industrial buildings with higher value 45 uses that are consistent with the General Plan goals and policies.

13.B

Planning Commission Resolution
CUP 21-015 Plaza Liquor

1 2 The location Plaza Liquor is proposing to occupy has been vacant for several years. 3 The previous tenant was Radio Shack who closed their doors five years ago. Plaza 4 Liquor operating in this location will eliminate a vacant building in the center. 5 6 (4) That the type, intensity, sensitivity and operating characteristics of the proposed use, 7 and the manner in which they will be located on the site, are compatible with existing 8 land uses, the character of established neighborhoods, or planned development in the 9 vicinity.
10 11 Finding: The proposed location is in the shopping center with heavy retail and 12 restaurant use. The use will be complimentary to the existing businesses and will 13 add convenience to the shopping needs of the people who work in the center and 14 surrounding neighborhood without having to travel too far. 15 16 Alcohol Sales Findings - Per Section 90-90 - Findings. In addition to the findings 17 applicable to conditional use permits under section 90-42 et seq., the decision-making 18 body shall make the following supplemental findings before approving a conditional use 19 permit for a use that engages in the on-sale or off-sale of alcoholic beverages:
20 21 (1) The use complies with all of the following separation requirements. Notwithstanding 22 the foregoing, the decision-making body may issue a conditional use permit to a use 23 that does not comply with one or more of the following separation standards if it finds 24 that unique circumstances exist that justify noncompliance with the separation 25 standards:
26 27 a. The use is located at least 600 feet, as measured from property line to property line, 28 from any existing public or private schools (K through 12), public parks, or places of 29 worship;
30 31 Finding: West Valley High School is approximately 2,590 feet from the proposed 32 Plaza Liquor. The closest church is located at 1326 W. Johnston Avenue and is 33 approximately 2,000 feet from the proposed Plaza Liquor location. Mary Henley 34 Park is approximately 3,000 feet and Brubaker Park is approximately 3,500 feet 35 from the proposed Plaza Liquor.
36 37 b. The use is located at least 100 feet, as measured from property line to property line, 38 from existing residential uses or land that is zoned for residential uses. 39 40 Finding: Residential zoned or uses are approximately 580 feet from the proposed 41 Plaza Liquor.
42 43 c. The use is located at least 1,000 feet, as measured from property line to property line, 44 from existing parolee-probationer homes, emergency shelters, supportive housing, or 45 transitional housing.
46

13.B

Planning Commission Resolution
CUP 21-015 Plaza Liquor

1 Finding: There are no known uses that are mentioned uses within 1,000 feet from 2 proposed Plaza Liquor.
3 4 (2) The use is fully visible from a public street with an unobstructed view from the public 5 street for public safety.
6 7 Finding: The proposed location is a suite located within a cluster of attached 8 buildings within the Page Plaza center. Page Plaza has internal streets and drive 9 aisles within the center, and the proposed suite has parking stalls, drive aisles and 10 large windows directly in front of the building. The use is fully visible with an 11 unobstructed view from the drive aisles within the center. 12 13 (3) The proposed use will not be detrimental to surrounding properties and 14 neighborhoods, including ensuring that the use does not contribute to loitering, public 15 drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, 16 interference with pedestrian corridors used by children, defacement and damage to 17 structures.
18 19 Finding: Conditions of Approval address the following:
20 • Public consumption. The owner or operator shall post a sign to indicate that it is 21 unlawful for a person to consume alcoholic beverages in a public place or where 22 posted.
23 • Open containers. The possession of alcoholic beverages in open containers and 24 the consumption of alcoholic beverages are prohibited on or around the premises. 25 • Loitering. Loitering is prohibited on or around the premises of any use engaging in 26 the dispensing or sale of alcoholic beverages and it shall be the responsibility of the 27 owner of any such establishment to post "No Loitering" signs and actively enforce 28 measures that preclude loitering.
29 • Graffiti. The owner or operator of the use shall remove or paint over any graffiti 30 within 48 hours of the graffiti being painted or marked upon the premises. 31 • Security/surveillance. Surveillance cameras and equipment shall be installed to 32 record all purchases and attempted purchases of alcoholic beverages in 33 accordance with the specifications provided by the police department. The 34 equipment shall be able to record a minimum of 24 hours of operation. The facility 35 operator shall maintain the recordings for the prior 60 days. 36 Additionally, the applicant has stated his employees receive Licensee Education on 37 Alcohol and Drugs (LEAD) training. Per the ABC website the LEAD training 38 program provides attendees with practical information on selling alcoholic 39 beverages safely, responsibly, and legally, with emphasis on preventing sales to 40 minors, sales to obviously intoxicated person, and illicit drug activity at the licensed 41 establishment.
42 43 Furthermore, the applicant has agreed to conditions prohibiting the sale of 50 44 milliliter (1.7 ounces) bottle of spirits also known as mini-liquor bottles, or smaller

13.B

Planning Commission Resolution
CUP 21-015 Plaza Liquor

1 and, the sale of beer or malt beverages shall be sold in manufacturer pre-packaged 2 quantities of three or more, with a total volume of not less than 23.5 ounces. Beer 3 or malt beverages shall not be sold in quantities of 22 ounces, 32 ounces, 40 4 ounces, or similar size containers as single containers. As recommended by the 5 City Council on a previously approved CUP.
6 7 Public Convenience or Necessity Findings - Per Section 90-90 (h) (3) A PCN 8 determination shall be based on the following findings:
9 a. The public convenience would be served by the establishment of the proposed use. 10 11 Finding: The applicant has stated he has many loyal clients and he selected a 12 location close to his present location as he wanted to continue serving his clients 13 without having them go out of their neighborhood. The applicant has also gathered 14 150 signatures of persons who support that Plaza Liquor serves a public 15 convenience or necessity.
16 17 b. The proposed use is not anticipated to be a source of nuisance behavior associated 18 with the excessive consumption of alcoholic beverages, or the exposure of alcoholic 19 beverages to minors.
20 21 Finding: By operating under reasonable hours during the last 13 years at the 22 current location, the applicant states they have avoided major nuisance behavior 23 associated with excessive consumption of alcoholic beverages. They have 24 maintained a family friendly environment and taken pride in their business and 25 responsibility in the community. Further their employees are well trained and do 26 their jobs responsibly. They go through extensive training provided by ABC and 27 their registers will be equipped with age verification feature. 28 29 c. The proposed use would not be detrimental to the public health, safety or welfare. 30 31 Finding: The applicant has over 13 years of experience operating a liquor store. 32 Police calls to their present location indicate similar number of calls for liquor stores. 33 Hemet Police department provided staff with calls made to three liquor stores in the 34 vicinity for the year 2021. One had 10 calls, another had two and Plaza Liquor had 35 10. Plaza Liquor's number of calls does not indicate an excess number of "quality of 36 life" calls to its present location and current measures as well as conditions of 37 approval are designed to prevent any detriment to the public health, safety or 38 welfare.
39 40 d. The proposed use would not increase the severity of existing law enforcement or 41 public nuisance problems in the surrounding area.
42 43 Finding: The applicant states they understand the importance of maintaining the 44 appearance of their facility in order to expand their customer base and to prevent 45 criminal activity. Keeping the windows clear so that passing motorists and police 46 have direct view into the facility, and by providing adequate interior and exterior 47 lighting helps provide a safe environment to patrons and employees.

13.B

Planning Commission Resolution
CUP 21-015 Plaza Liquor

1 2 e. The proposed use is consistent with the objectives, policies, general land uses, and 3 programs of the general plan and any applicable specific plan, this section and any 4 applicable zoning regulations contained in this chapter. 5 6 Finding: The Land Use policies below indicated the proposed use is consistent 7 with general plan land uses. Additionally, Liquor stores are permitted in the zone 8 with approval of a Conditional Use Permit.
9 10 LU-6.7 Regulate Sensitive Land Uses Appropriately control the location, 11 concentration and number of community sensitive land uses such as alcohol sales, 12 tobacco products, adult businesses, medical marijuana dispensaries, and 13 entertainment venues, and require measures to prevent adverse impacts to 14 adjoining residences, businesses, schools, parks, medical facilities, and religious 15 facilities consistent with City, State and Federal laws. 16 17 Plaza Liquor is not adding an Off-Sale license to the City of Hemet. It is relocating 18 from a location where it has operated over 13 years to another location 19 approximately 1/2 mile away. The Police department was contacted by staff to 20 provide calls for service for the last year for liquor stores within the vicinity. Police 21 records provided calls for three liquors stores, one had 10 calls, one had two calls 22 and Plaza Liquor had 10 calls, the calls were from January 1, 2021 to December 23 2021. Plaza Liquor's number of calls does not indicate an excess number of "quality 24 of life" calls to its present location and current measures as well as conditions of 25 approval are designed to prevent adverse impacts to proposed location. 26 27 LU-13.6 Business Retention Support the retention and expansion of existing 28 businesses and encourage local employment.
29 30 Plaza Liquor has operated from Wentworth Plaza for over 13 years. Through 31 unforeseen circumstances the business owner is required to relocate and apply for 32 a Conditional Use Permit. Were it not for the circumstances that require the 33 relocation Plaza Liquor would have remained at its present location indefinitely. 34 35 LU-13-7 Reuse of Underutilized Properties Encourage the reuse of vacant, 36 underutilized, or obsolete commercial and industrial buildings with higher value 37 uses that are consistent with the General Plan goals and policies. 38 39 The location Plaza Liquor is proposing to occupy has been vacant for several years. 40 The previous was Radio Shack who closed their doors 5 years ago. Plaza Liquor 41 operating in this location will eliminate a vacant building in the center. 42 43 SECTION 3: PLANNING COMMISSION ACTIONS
44 45 The Planning Commission hereby takes the following actions:
46

13.B

Planning Commission Resolution
CUP 21-015 Plaza Liquor

1 1. Conditional Use Permit (CUP 21-015). Approve Conditional Use Permit (CUP 2 21-015) is hereby approved as shown in Exhibit 1A which is attached hereto and 3 incorporated herein by reference, and subject to the Conditions of Approval in 4 Exhibit 1B, which are attached hereto and incorporated herein by reference. 5 6 PASSED, APPROVED, AND ADOPTED this 19th day of April 2022 by the 7 following vote:
8 9 AYES:
10 NOES:
11 ABSTAIN:
12 ABSENT:
13 14
15 ________________________________
16 John Wuerth, Chair
17 Hemet Planning Commission
18 ATTEST:
19 20 ________________________________
21 Corina Hernandez, Records Secretary
22 Hemet Planning Commission

13.B

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13.B

City of Hemet –Draft Conditions of Approval
CONDITIONAL USE PERMIT (CUP 21-015)- Plaza Liquor

t

CITY OF HEMET
DRAFT

CONDITIONS OF APPROVAL
PLANNING COMMISSION HEARING DATE: April 19, 2022
PROJECT NO.: CONDITIONAL USE PERMIT (CUP 21-015)
APPLICANT: Plaza Liquor
OWNER: Pavin Patel
LOCATION: 1135 S. Sanderson
Note: Any conditions revised at a hearing will be noted by strikeout (for deletions) and/or underline (for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition.

STANDARD CONDITIONS
The following conditions of approval were approved by the City Council as standard conditions of approval for all projects. Questions regarding compliance with these conditions should be directed to the Planning Division at (951) 765-2375.

General Requirements:

1. CONDITIONAL USE PERMIT (CUP 21-015) shall become null and void on April 19, 2024 (two calendar years from the date of approval), unless use in reliance on the approved Conditional Use Permit is established prior to the expiration date. A time extension may be granted by the Planning Commission in accordance with Hemet Municipal Code, provided a written request for a time extension is submitted the Planning Division prior to the expiration date. No formal notice of expiration will be given by the City.

2. Approval of CONDITIONAL USE PERMIT (CUP 20-015) shall become effective on May 3, 2022 unless appealed to the Planning Commission by May 2, 2022 (10 calendar days after action by the Planning Commission). The appeal shall be in writing and shall be accompanied by the required fee.

3. The conditions of approval of this project shall supersede all conflicting notations, specifications, dimensions, typical sections, and the like, which may be shown on the project development plans.

4. This project site shall be developed in accordance with the approved plan(s) and the conditions contained herein.

5. This project shall comply with all sections of the Zoning Ordinance, Subdivision Ordinance and all other applicable Local, State and Federal laws and regulations in effect at the time of the building permit application and/or time of recordation, including the California Building Code, California Fire Code, and City and State Handicapped Accessibility Requirements (California Code of Regulations, Title 24).

13.B

City of Hemet –Draft Conditions of Approval
CONDITIONAL USE PERMIT (CUP 21-015)- Plaza Liquor

6. Prior to the issuance of building permits, the applicant shall be subject to all applicable development fees at the rate in effect at the time of building permit application for the tenant improvement.

7. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in defense of the Action. (City Council Resolution No. 3693, 12-17-02)

8. Construction activity shall meet the requirements of the Hemet Municipal Code Chapter 30, Article II.

PLANNING DIVISION CONDITIONS
The following conditions of approval are project specific and were recommended by the Planning Division. Questions regarding compliance with these conditions should be directed to the City of Hemet Planning Division at (951) 765-2375.

Standards. The following standards shall apply to all uses engaging in the on-sale or off-sale of alcoholic beverages, including without limitation uses in existence prior to the effective date of the ordinance from which this section derives and uses that are listed in subsection (e)(1) as exempt from the conditional use permit requirement:

9. Public consumption. If the use engages in the off-sale of alcohol but not the on-sale of alcohol, the owner or operator shall post a sign to indicate that it is unlawful for a person to consume alcoholic beverages in a public place or where posted.

10. Open containers. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises.

11. Loitering. Loitering is prohibited on or around the premises of any use engaging in the dispensing or sale of alcoholic beverages, and it shall be the responsibility of the owner of any such establishment to post "No Loitering" signs and actively enforce measures that preclude loitering.

13.B

City of Hemet –Draft Conditions of Approval
CONDITIONAL USE PERMIT (CUP 21-015)- Plaza Liquor

12. Lighting. The use shall maintain lighting to provide illumination for the security and safety of parking and access areas. The lighting shall be provided at a level of no less than one foot-candle throughout in parking lots and access areas.

13. Security/surveillance. Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of 24 hours of operation. The facility operator shall maintain the recordings for the prior 60 days.

14. Graffiti. The owner or operator of the use shall remove or paint over any graffiti within 48 hours of the graffiti being painted or marked upon the premises.

15. The applicant shall sign a graffiti removal property access waiver. The City shall have access to the property for the removal of the graffiti on any portion of the building or site if graffiti is not removed within 48 hours of notification by the City. The property owner or business owner and or tenant shall incur any associated costs for said graffiti removal.

16. Displays and signs. There shall be no interior displays of alcoholic beverages or signs which are clearly visible to the exterior. There shall be no exterior advertising or sign of any kind promoting or indicating the availability of alcoholic beverages. No more than 25 percent of the square footage of each window and glass-paneled door shall bear advertising or signs of any sort, and all advertising and signage shall be placed in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises.

17. Litter. The owner or operator of the use shall remove litter from the premises daily, and shall keep the premises swept to prevent debris build up. Trash bins in approved enclosures shall be provided.

18. ABC training. The owner or operator of the use shall provide ABC approved or certified training for all employees who sell or serve alcoholic beverages within 30 days of opening for business, and all new employees thereafter shall be trained within 30 days of the date of their employment.

19. Any uses not specifically permitted as part of, or not determined to be in substantial conformance by the Community Development Director to this Conditional Use Permit No. 21-015, shall require submittal and approval of an application for the modification of the Conditional Use Permit.

20. The liquor store shall not carry 50 milliliter (1.7 ounces) bottles of spirits also known as mini liquor bottles, or smaller. The sale of beer or malt beverages shall be sold in manufacturer pre-packaged quantities of three or more, with a total volume of not less than 23.5 ounces. Beer or malt beverages shall not be sold in quantities of 22 ounces, 32 ounces, 40 ounces, or similar size container as single containers.

21. A Conditional Use Permit shall be required if tobacco products or paraphernalia exceed 15 percent or more of the square footage of the establishment pursuant to Section 90- 80(6) of the Hemet Municipal Code.

13.B

City of Hemet –Draft Conditions of Approval
CONDITIONAL USE PERMIT (CUP 21-015)- Plaza Liquor

22. Additional conditions. In approving a conditional use permit to establish a use selling alcoholic beverages, the decision-making body may impose additional reasonable conditions on the use to ensure that it operates in a manner that provides adequate protection of the public health, safety, and general welfare.

Signage

23. Signage is not approved as part of this Project. The applicant shall submit plans for a Permanent Sign Permit from the Planning Department and building permit from the Building Department, which are consistent with the Hemet Municipal Code.

BUILDING SAFETY DIVISION CONDITIONS
The following conditions of approval are project specific and were recommended by the Building Department. Questions regarding compliance with these conditions should be directed to the City of Hemet Building Department at (951) 765-2475.

24. Businesses shall not open for operation prior to posting of Certificate of Occupancy issued by the Building Division.

FIRE DEPARMENT CONDITIONS
Unless specifically stated herein, these conditions shall not be construed to permit or allow deviation from any Federal or State laws nor any of the local codes and ordinances adopted by this jurisdiction. The City of Hemet enforces the California Code of Regulations (CCR), Title 24, Part 9, 2019 California Fire Code without local amendments.

In addition, CCR Title 19 requirements may be applicable. The design professional should refer to these provisions for guidance when developing project drawings and specifications.

Fire Department has no comments.

PUBLIC WORKS DEPARTMENT CONDITIONS

25. The City of Hemet has an exclusive Franchise Agreement with CR&R Inc. to collect and dispose of all waste including commercial, residential and construction debris within the City of Hemet. Contact CR&R at 1-800-755-8112 to set up solid waste collection services and to help you meet your waste reduction goals.

26. If the property owner is providing solid waste services, please provide a letter from the property owner stating so. The letter should include the account holders name and account number.

27. AB 341 - All businesses that generate 4 or more cubic yards of waste per week must make arrangements for recycling collection services with CR&R or donate, sell and/or self-haul their recyclables to a recycling facility.

28. AB 1826 - All businesses that generate 2 or more cubic yards of waste per week must make arrangements for organics collection services with CR&R or donate, sell and/or self-haul their recyclables and organics to a recycling facility.

13.B

City of Hemet –Draft Conditions of Approval
CONDITIONAL USE PERMIT (CUP 21-015)- Plaza Liquor

ENGINEERING DEPARTMENT CONDITIONS
The following conditions of approval are project specific and were recommended by the Engineering Department. Questions regarding compliance with these conditions should be directed to the City of Hemet Public Works - Engineering Department at (951) 765-2360.

Engineering Department has no comments.

END

13.B

CUP 21-015
Plaza Liquor GP Map
Project Site
Stetson Ave
Sanderson Ave

13.B

CUP21-015
Plaza Liquor Zoning Map
Project Site

13.B

CUP 21-015
Plaza Liquor Aerial Map
Project Site

13.B

ExitStreet
I:\COMMON\PLAN\Projects\CUP FILES\202l\CUP21—015 Plaza Liquor Store\DRC Transmitta1\P1anning Comments_Plaza Liquor.doc

13.B

Signature Voter Reg. #
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We, the undersigned, as citizens of the city of Hemet, CA, petition the city of Hemet to approve the relocation of Plaza Liquor from its existing location of 3364 Wentworth Plaza, Hemet, CA 92545 to 1135 S Sanderson Ave., Hemet, CA-92545 l request that the Planning and Zoning Commission to approve the Conditional Use Permit and City Council to sign Public Convenience or Necessity letter required for Plaza Liquor to move their liquor license to the new location and continue serving our community as they have over the past decade.

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13.B

1 We, the undersigned, as citizens of the city of Hemet, CA, petition the city of Hemet to approve the relocation of Plaza Liquor from its existing location of 3364 Wentworth Plaza, Hemet, CA 92545 to 1135 S Sanderson Ave., Hemet, CA-92545 I request that the Planning and Zoning Commission to approve the Conditional Use Permit and City Council to sign Public Convenience or Necessity letter required for Plaza Liquor to move their liquor license to the new location and continue serving our community as they have over the past decade.

Name Address Phone # Signature Voter Reg. #
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13.B

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Pravin K Patel
Plaza Liquor
1135 S. Sanderson Ave
Hemet, CA-92545
(714) 343 1346
We currently operate liquor store business in Wentworth plaza located at 3364 Wentworth Dr, Hemet, CA92545 for over 13 years. Due to the circumstances not in our control we have to make a decision to try to move our location roughly half a mile down the road located in Page Plaza shopping center at 1135 S. Sanderson Ave, Hemet, CA 92545. The new location is within the neighborhood we have been already serving for 13 years. We have attached a map to give a visual representation of the current location, new location and the neighborhood that we will be serving.

We have worked hard to build this business through different economic challenges of 2008 recession and recent pandemic. In 13 years of business we have built lots loyal customers that come to store for different products, services and family friendly environment. During our years of operation we had multiple residents of city that won thousands of dollars and one that won 7 million dollar through California lottery.

We understand the social responsibility to operate business of this nature and always have operated within ABCand city rules and regulation. We have served responsibly and refused service when needed. We have maintained reasonable operating hours closing at 9 pm in week days and 10 pm on Friday and Saturday, keeping in mind the safety of the public and our staff. Our main goal is to give our neighborhood customers traditional convenience shopping option with family atmosphere. We would not have brought up this proposal if it wasn't for the current circumstance.

Plaza Liquor is proposing to operate neighborhood liquor store in Page plaza that will retail a wide range of liquors, beers and wines for off sale consumption along with everyday items such as coffee, groceries, snack foods, confectionery, soft drinks, tobacco products, lottery tickets, over-the-counter drugs and toiletries. The cash register will have age verification feature to sell products that are age restricted and all employees will receive LEADtraining. We will always maintain adequate staffing to ensure safety and security of people working. For safety, security cameras will be installed throughout the store and outside if permitted, that can be monitored remotely. Alarm system will be installed with panic button at the register and inside the walk—incooler.

13.B

The store will be approximately 2448 sq. ft. in size with 22-24 door walk-in cooler.

About 600-700 sq. ft. will be used to display alcoholic beverages. The operating hours are going to be 7am to 9pm Sunday to Thursday and 7am 10pm Friday—Saturday. No changes are being made to dimensioned elevation of the building. No changes will be made to the architectural elevation of the building. No changes will be made to the roof of the building.

I have been in business for 16+ years with good track record of running the business, and have been socially responsible to reduce any negative impact on the neighborhood. Our goal isto provide customers the convenience to shop with good customer service and safe and friendly environment.

13.B

_
_.

February 23, 2022
City of Hemet,
445 E. Florida Ave,
Hemet, CA92543
Subject: PCN application for Plaza Liquor
Section 90 —(f)
2) The proposed location has visibility off Stetson going east. It is located near the high traffic entrance of the shopping center anchored with big retailers like Walmart and Dollar tree that generate high traffic through that entrance. Shopping center also has some popular franchise restaurants that operate long hours and are busy throughout the day. With the visibility ofthis location from Stetson, and the amount of traffic generated by the other retailers and businesses, we feel confident for the safety of the public. We have attached the google street view of the location visible from Stetson.
3) We understand the social responsibility to operate business of this nature and always have operated within ABCand city rules and regulations. We have served responsibly and maintained safe family oriented environment in our business. We have operated in reasonable hours closing at 9 pm in weekdays and 10 pm on Fridays and Saturdays, keeping in mind the safety of the public and our staff. We actively monitor the surrounding of the business to ensure nobody is loitering or present more than necessary on the premises.

Security cameras will be installed for constant monitoring and recording of the surroundings.

We will have clears signs that will inform public about security cameras in orders to deter loitering or any other unwanted activities.

Signs also will be posted.

Post and maintain a professional quality sign stating "No open alcoholic beverage in front of these premises.”
Post and maintain a professional quality sign stating "No loitering is allowed on or in front of these premises.”

13.B

Ensure that no more than 25 percent of the square footage of the windows and clear door bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance.

Equip the parking lot of the premises with lighting of sufficient power to illuminate and make easily noticeable the appearance and conduct of all persons on or about the parking lot.

Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking areas under the control of the licensee.
4) The proposed location is in shopping center with heavy retail and restaurant use. The use will be complimentary to the existing businesses and will add convenience to the shopping needs for the people working in the center and surrounding neighborhood without traveling too far.

Section 90-90 (h)
a) We currently operate liquor store business in Wentworth plaza located at 3364 Wentworth Dr., Hemet, CA92545 for over 13 years. We are trying to move our location roughly half a mile down the road located in Page Plaza shopping center at 1135 S.

Sanderson Ave, Hemet, CA92545. The new location is within the neighborhood we have been already serving for 13 years. The new location will also be 25% bigger than the current one, which will give us an opportunity to provide bigger selection of products. With plenty of parking available right in front ofthe proposed location, we feel it will provide customers convenient option to shop for daily necessary products.

One of the biggest focus in retail businesses with physical location (such as supermarkets) or online (example amazon) is to try to make it convenient by providing easy access to the shopping needs through curbside pickups and delivery services.

Success of online retailers and need to adopt option like curbside pickup shows the need and demand for the convenient shopping option. Mom and pop stores always have been the original and traditional choice to shop in a convenient way.

Addressing businesses with alcohol licenses in the shopping center and the difference between us.

Walmart — One of the main differences that set us apart from big box stores is convenience Despite offering wide range of products big stores rely on selling alcoholic products at cheaper price to attract the customers. Even though they sell a lot of their alcoholic

13.B

products at our cost, mom and pop stores have survived by giving convenience and customer service.

Walgreens — Walgreens tends to focus on main line of beer, while we offer wider selection craft beers, IPA, seltzer and international beers. We would provide the convenience of finding those products without traveling too far.

Gas Station — While gas station target customers are similar to ours, we would be able to provide hard liquor option without operating for 24 hours which will make it a safer environment and will decrease chances of any nuisance.

The nearest liquor stores from proposed location are Paradise Liquor and Patton liquor 1.8 miles on Sanderson Ave and Royal paradise liquor 2.1 miles on Stetson Ave. The convenience would eliminate the need to travel to a range through the busy part of the city to complete shopping needs. Even though the proposed location falls into census tract with over concentration of off sale alcohol license, it borders with census tracts that has no off sale alcohol license and are densely populated. With transferring of license from one location to another we will be serving the same neighborhood we have been serving for 13 years without adding new alcohol license within the city limit. It will also give customers option to find more products in the same shopping center without contributing to the traffic to other part of the city. We also have good track record of operating the business without causing increase in severity of existing law enforcement or public nuisance problems in the surrounding area. Our main goal is to give our neighborhood customers traditional convenience shopping option with a family like atmosphere. b) By operating under reasonable hours during 13 years at the current location, we have avoided any major nuisance behavior associated with excessive consumption of alcoholic beverages. We have maintained family friendly environment and taken pride in our business and responsibility towards our community. We have always made sure employees are well trained and do their jobs responsibly. They go through extensive training provided by ABCand our registers will be equipped with age verification feature. Minimum age verification sticker and digital calendar are placed around the registers at all the time.
c) Plaza liquor understands the importance of maintaining the appearance of a facility to both expanding our customer base and preventing criminal activity. This is achieved by keeping the windows clears so that passing motorists and police have direct view into the facility. To provide safe environment for patron and employees, adequate lighting both on the interior and exterior of the store will be installed.

13.B

The proposed site location falls into Page community plaza zone. Please find attached documents based on which we determined off sales of alcohol as permitted uses. Based on the foregoing, Plaza liquor respectfully requests that the City of Hemet grant a finding of Public need and convenience for the alcoholic beverage license. . In short, we are committed to protecting the public health, safety and welfare of the community and will take appropriate steps to do so. In order to conduct this type of business, Plaza liquor will take necessary steps to ensure that store is operated in a manner that prevents an adverse impact on the neighborhood.

Sincere
Hiral Patel

13.B

PlanningC0mmission Meeting; April 19 2022: Agend
Convenience or Ncccssiw22-001 Plaza Liquor
The ProieclViolate: the Hcmet Municipal Code an
The Necessarv FindinasCannot be Made to Approve a Conditional Use

DELANO& DELANO
April 19, 2022
Planning Commission
City of Hemet
450 East Latham Avenue
Hemet, CA 92543
Re: a Item 7B: Conditional Use
Permit 21-015 and Public
Dear Honorable Members of the Plarming Commission,
This letter is submitted on behalf of Concerned Citizens of Hemet in connection with the proposed adoption of a Resolution approving Conditional Use Permit (“CUP”) 21-015 and determination of Public Convenience or Necessity (“PCN”) for Plaza Liquor (“Project”).

I. d is Inconsistent with the
General Plan
A.

Permit
Municipal Code Section 90-42.5 identi?es ?ndings required for the approval of a CUP. The Project fails to meet them. Among other things, the Project’s location of the conditional use must not be “detrimental to the public health, safety or welfare” of the residents of the City. Mun. Code § 90-42.5. The proposed location has been vacant for ?ve years. By ?lling this vacancy with a liquor store, the proposed use will be detrimental to surrounding properties, neighborhoods, and residents by increasing the likelihood of loitering, public drunkenness, noise, parking, crime, and defacement and damage to structures. These impacts are directly inconsistent with the Municipal Code’s policy of protecting public health, safety, and welfare.

Additionally, only two off-sale Alcohol Beverage Control (“ABC”) licenses are allowed within this census tract. Staff Report at 3. However, there are currently already four ABC off-sale licenses issued within that census tract (three Type 20 and one Type 21), which the ABC has deemed results in an overconcentrated tract. Id. Approving Plaza Liquor at this location increases the number of ABC off-sale liquor licenses from 4 to 5, resulting in an even higher overconcentration of ABC licenses in one census tract. The negative impacts associated with allowing another ABC license in this location will ()lI1cc r7(w;H|—|1HII
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13.B

The Necessarv Findings Cannm be Made to Auprove a Determination of Public Convenience or Necessig
City of Hemet Planning Commission
April 19, 2022 Meeting

be felt by the residents and the community as a whole. This impact is in direct con?ict with the provisions in Municipal Code Section 90-42.5 prioritizing the public’s health, safety, and welfare.

Under Section 90-42.5, a ?nding that the use and operation of the Project is consistent with the General Plan elements, goals, and policies must also be made prior to approval of a CUP. The Project is inconsistent with numerous land use elements of the General Plan, including but not limited to: LU-6.7 which controls the location, concentration, and number of community sensitive land uses such as alcohol sales to prevent adverse impacts to residences,schools, and parks; LU-4.7 which promotes the maintenance and enhancement of property values; LU-6.3 which promotes the vending of high-quality goods and services; and LU-15.5 which monitors unhealthy development patterns by enforcing regulations pertaining to the location and retailing of unhealthy substances such as alcohol. As such, the required ?ndings under Section 90-42.5 cannot be made as a result of these inconsistencies and thus the approval of a CUP is con?icting with the Municipal Code.

As such, the required ?ndings under Section 90-42.5 carmot be made and thus the approval of a CUP is inconsistent with the Municipal Code.

In addition to the ?ndings applicable to CUP’s under Section 90-42 et seq of the Municipal Code, the Commission must make the necessary ?ndings under Section 90-90 for a use that engages in the off-sale of alcoholic beverages before approving a CUP.

Similar to Section 90-42.5, the purpose of Section 90-90 is to “establish standards for businesses engaged in the sale of alcoholic beverages to protect the health, safety, and general welfare of the residents of the city.” Mun. Code §90-90(a).

Section 90-90(f)(3) requires that “the proposed use will not be detrimental to surrounding properties and neighborhoods, including ensuring that the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traf?c, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.” Mun. Code §90-90(f)(3). Adding yet another Type 21 ABC license to an already overconcentrated census tract location will substantially increase the likelihood of all of the negative impacts the Municipal Code speci?cally prohibits.

Additionally, the necessary ?ndings cannot be made for a determination of Public Convenience or Necessity (“PCN”) pursuant to Section 90-90(h)(3). The public convenience would not be served by the establishment of the proposed use as there are already four other ABC licenses that exist in the same census tract as the proposed

13.B

Armroving a Conditional Use Perm
City of Hemet Planning Commission
April 19, 2022 Meeting

location of Plaza Liquor. Mun. Code §90-90(h)(3)(a). Thus, there is no necessity for yet another off-sale liquor store in that area. The proposed use can be anticipated to be a source of nuisance behavior associated with the excessive consumption of alcoholic beverages as the addition of a ?fth liquor store in the vicinity can lead to various negative impacts to the residents and community including an increase in severity of existing law enforcement or public nuisance problems in the surrounding area. Id. §90-90(h)(3)(b)(d).

Also, as discussed above, the proposed use would be detrimental to the public health, safety, and welfare of the City. Id. §90-90(h)(3)(c). Finally, as discussed above, the use is inconsistent with the objectives, policies, general land uses, and programs of the General Plan. Id. §90-90(h)(3)(e).

As such, the required ?ndings under Section 90-90 cannot be made and thus a PCN determination is inconsistent with the Municipal Code.

II it Would be Inconsistent with the
Commission’s Previous Determinations
Back in 2014 and again in 2019 a different applicant requested a CUP in order to upgrade their Type 20 license to Type 21 at a location directly across from the current proposed Project site for the Plaza Liquor store. In approving Resolution Bill No. 14-019 and Resolution Bill No. 19-029, the City’s Planning Commission denied the CUP on claims that are now ignored or contradicted in the recommendationto approve the Plaza Liquor CUP.

Both Resolutions stated the approval of the requested CUP had the “potential to increase nuisance and criminal behavior”. Resolution Bill No. 14-019 (“Res. 14-019”) at 3, Resolution Bill No. 19-029 (“Res. 19-029”) at 3. However, the Staff Report for the upcoming meeting states the proposed use is not anticipated to be a source of nuisance behavior simply because the Applicant has operated a different liquor store at a different location. Staff Report at 7. This distinction is not founded on any evidence.

Additionally, these Resolutions stated the use and operation would have been “counter to the general plan goal of enforcing regulations pertaining to the location and retailing of alcoholic beverages” and that “the over-concentration of both Type 20 and Type 21 in the Page Plaza shopping center is not good land use planning. ..the purpose of this general plan is to prevent the concentration of alcohol uses and sales in one location.” Res. 14-019 at 4, Res. 19-029 at 4. The proposed location and use of Plaza Liquor results in identical issues as those discussed in the Resolution, and yet Staff has recommended to approve the CUP.

Also, these Resolutions denied a CUP because the proposed location was “immediately adjacent to a Walgreens Drug Store which has a Type 21 ABC license” and “located within the Page Plaza Shopping Center where Walmart is located [and] that also has a Type 21 ABC license and, therefore the proposed conditional use is neither

13.B

The Pro'ect Violates CEQA
City of Hemet Planning Commission
April 19, 2022 Meeting

necessary nor convenient.” Id. However, the Staff Report ignores this fact and recommends the Commission make a public convenience and necessity determination based on the fact the Applicant wishes to continue serving his previous clients. Staff Report at 7.

The Resolutions also found that the use and operation would not have been consistent with the General Plan goal of maintaining a healthy community due to the proximity to the Walgreens and Walmart in the Page Plaza shopping center. Res. 14-019 at 4, Res. 19-029 at 4. However, the Staff Report includes no discussion of this issue, despite the fact this CUP would be within the exact same plaza.

To approve this CUP this Commission would be directly contradicting their own ?ndings and determinations made only a few years ago, and would be approving a Project in the same vicinity that was recently deemed unsuitable for a conditional use permit relating to the off-sale of alcoholic beverages.

III.

The Staff Report claims the Project is exempt from California Environmental Quality Act (“CEQA”) review in accordance with Section 15301, Class 1(a) “existing facilities” exemption. Staff Report at 11. The Staff Report asserts that the “site is developed and the Conditional Use Permit is for the operation of a liquor store, the applicant is proposing no expansion to the site.” Id. However, this assertion is incorrect.

This exemption appliesto existing facilities “involving negligible or no expansion of existing or former use.” CEQAGuidelines § 15301. Such is not the case here. “The location Plaza Liquor is proposing to occupy has been vacant for several years. The previous tenant was Radio Shack who closed their doors ?ve years ago. Plaza Liquor operating in this location will eliminate a vacant building in the center.” Staff Report at 7. Thus, if approved, the space which has been vacant for more than ?ve years will become a liquor store. To transition the use of the site that is over 2,400 square feet from an empty space into a liquor store involves a substantial expansion of an existing or former use.

In evaluating whether a project quali?es for an exemption, an agency must ascertain the extent to which the applicant seeks to change the ongoing operation. CEQA Guidelines § 15301. The agency must therefore determine the nature and scope of the existing operation in order to establish a proper baseline from which to measure potential impacts. Id. The baseline is established “as it physically exists at the time of the current permit application.” Id. Here, the baseline is established as a vacant site. Therefore, any new activity, and particularly activity that requires a conditional use permit for the sale of alcohol, will result in drastic changes from the established baseline. Even if the baseline were established by the prior commercial use, this transition would still result in a substantial expansion. The impacts on the community’s health, safety, and general

13.B

nc ely.

Isabc odriguez
City of Hemet Planning Commission
April 19, 2022 Meeting

welfare associated with the existence of a Radio Shack or a liquor store vary signi?cantly.

The site has not been used for 5 years and therefore an increase in activity is likely to have numerous impacts on the surrounding environment, including but not limited to: impacts to air quality, noise, transportation and traf?c, greenhouse gas emissions, land use and community character, human health and safety, public services and facilities, water supply, and energy use.

As such, the Commission cannot claim a Class 1(a) exemption and must conduct the necessary environmental review associated with converting a vacant space into a liquor store.

IV. Conclusion
“[R]egardless of whether the local ordinance commands that the [] board set forth ?ndings, that body must render ?ndings suf?cient both to enable the parties to determine whether and on what basis they should seek review and, in the event of review, to appris e a reviewing court of the basis for the board’s action.” Topanga Assn.for a Scenic Community v. County 0fL0sAngeles (1974) 11 Cal.3d 506, 514 (footnote omitted). The proposed resolutions fail to produce adequate ?ndings supported by evidence. Among other things, as noted above, the Project is inconsistent with the General Plan and Municipal Code. Additionally, as discussed above, the Project will adversely affect the health, safety, and general welfare of the City and its residents.

Furthermore, the proposed ?ndings do not address important criteria required by the Municipal Code. Section 90-42 identi?es required ?ndings for the issuance of a conditional use permit. Section 90-90 requires ?ndings for approval of alcohol sales.

The proposed ?ndings fail to adequately address these requirements.

For the foregoing reasons, Concerned Citizens of Hemet request you deny a Resolution approving Conditional Use Permit 21-015 and deny a determination of Public Convenience or Necessity for Plaza Liquor.

Si
Resolution Bill No. 14-019 and Resolution Bill No. 19-029

13.B

Hemet Municiga
WHEREA , the pub ice by advertising
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45 CITYOF HEMET

PLANNINGCOMMISSION
RESOLUTIONBILL NO. 14-019

A RESOLUTIONOF THE PLANNINGCOMMISSIONOF

THE CITY OF HEMET, CALIFORNIA DENYING
CONDITIONAL USE PERMIT NO. 14-003 FOR AN
UPGRADE OF AN EXISTINGTYPE 20 ABC LICENSE
FOR THE SALE OF BEER AND WINE TO A TYPE 21
GENERALABC LICENSE FROM 6:00 A.M. TO 2:00 A.M.,
SEVEN DAYS A WEEK, AT AN EXISTING 76 GAS
STATION LOCATED AT 1111 SANDERSONAVENUE, ON

THE WEST SIDE OF SANDERSONAVENUE, SOUTH OF
STETSONAVENUE. (APN 460-250-023)
WHEREAS, an application for Conditional Use Permit No. 14-003 to upgrade from a Type 20 ABC License for the sale of beer and wine from an existing 76 gas station located at 1111 Sanderson Avenue, to a Type 21 General ABC License for the sale of beer, wine, and distilled spirits has been duly ?led by:

Owner: Robert Zakar, Just 4 Fun, LLC
Agent: Robert Zakar
Project Location: 1111 Sanderson Avenue
APN: 460-250-023
WHEREAS, the Planning Commission has the authority per section 90-42 et seq. and section 90-90 of the I Code to take action on ConditionalUse Permit No. 14-003 to allow for the ABC License upgrade for the 76 gas station convenience store; and
S, on July 3, 2013 City gave lic not in the
Press and by mailing to p rty owners n 1,00 ng of a
public hearing at which the project would be considered by the Planning Commission; and
WHEREAS, on July 15, 2014, the Planning Commission opened the public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the Conditional Use Permit and at which the Planning Commissio n
Planning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station
Page1of11

13.B

WHEREAS, on August 5, 2014. the Planning Commission reopen the public aring at which interested persons had an opportunity to testify in s port of, or position to, the Conditional Use Permit and at which the Planning ommission nsidered the Conditional Use Permit; and
Hemet Municigai Code
continued the public hearing for ConditionalUse Permit No. 14-003 to August 5, 2014 at the request of the Applicant;and
ed
he up
op C
CO
WHEREAS,the Planning Commission has made ?ndings which indicate that the location forthe proposed conditionaluse is not suitable for the proposed use; and WHEREAS, the Planning Commission has determined that an upgrade of the existing Type 20 Off-Sale ABC license to a new Type 21 General Off-Sale License for the proposed conditionaluse is not a convenience or necessity to the public; and WHEREAS, the Planning Commission has made findings which indicate that the Census Tract in which the proposed conditional use is located has an undue concentration of Off-Sale ABC licenses; and
WHEREAS, the Planning Commission finds that upgrading the existing Off-Sale ABC license from a Type 20 to a Type 21 within Census Tract No 435.04 will create an unwanted precedent for other existing Off-Sale ABC licenses in this Census Tract and other Census Tracts in the City of Hemet; and
WHEREAS, The CaliforniaEnvironmentalQuality Act (CEQA)does not apply to projects which an agency disapproves. (CEQA Guidelines Section 15270).

NOW, THEREFORE, the Planning Commission of the City of Hemet does Resolve, Detennine, Find and Order as follows:

SECTION 1: ENVIRONMENTALFINDINGS
Pursuant to the California Environmental Quality Act (CEQA) Guidelines (Title 14 California Code of Regulations Section 15000 et seq.) section 15270, CEQA does not apply to projects which an agency disapproves.

SECTION2: CONDITIONALUSE PERMIT
Pursuant to Section 90-42, and in light of the record before it, including the staff report dated September 17. 2013, and all evidence and testimony Planning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

'<IIl‘L‘|‘|
I . ...I:|.r. |1||inu1

13.B

Cond i1iona| Use Eermit
appropria
LVL&
di?ere
1 2
heard at the public hearing of this item, the Planning Commission hereby ?nds as follows:
(Section 90-42),
That the proposed location of the conditional use is in accord with the objectives of this chapter and the purposes of the zone in which the site is located; and,
The existing site has a Type 20 ABC license allowing the sale of beer and wine. The City of Hemet and the ABC have previously detennined that the site is te for its current use. VI/ithinthe same center (Page Plaza), Walgreens Dnrg Store and Walmart operate with a Type 21 ABC License, which is appropriate for the Community Commercial zone, subject to review and approval of a Conditional Use Permit.

That the proposed location of the conditional use and the conditions under which it would be operated or maintained detrimental to the public health, safety or welfare, and materially injurious to properties or improvements in the vicinity.

The Hemet Police Department has recently provided statistics for addresses along Sanderson Avenue in Page Plaza, where the 76 gas station is located. Over the last 18 month period the Hemet Police Department has responded to 1,670 calls for service to the immediate vicinity of South Sanderson, including 1,244 calls to Walmart which has a Type 21 ABC License, and 60 calls to Walgreens which has a Type 21 ABC License. Combined, these two locations make up 78 percent of all calls for service to Page Plaza addresses on Sanderson Avenue. Sta? is concerned that an upgrade in the type of ABC License will have the potential to increase nuisance and criminal behavior including alcoholrelated crimes and more serious criminal offenses.

The Hemet Police Department reported. that from January 1, 2014 through June 30, 2014, there were a total of 691 calls for service to 25 different Type 20 ABC License locations in the City. This averages to about 28 calls per location during the ?rst six months of 2014. In contrast, HPD reported that from January 1, 2014 through June 30, 2014, there were a total of 1,758 calls for service to 35 nt Type 21 ABC License locations in the City. This averages to about 50 calls per location during the ?rst six months of 2014. Therefore, it is sta?"s assertion that Citywide, the number of police department calls for service to Type 21 License locations willbe substantially greater than the police department calls for service to Type 20 License locations.

Planning Commission Resolution BillNo. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

13.B

Hemet Municigal Code
Sugglemental Conditional Use Permit Findings Reguired for Alcohol Sales:
comglies
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3. That the use and operation is not consistent withthe general plan.

The proposed use is not consistent with the following General Plan 2030 Goal, Healthy Communities Goal LU-15.5 — Unhealthy Development Pattems — Create, update, and enforce regulations and laws pertaining to the location, retailing, and use of unhealthy substances such as tobacco, marijuana and other drugs, and alcohol.

The proposed use is immediately adjacent to a Walgreens Drug Store which also has a Type 21 Off-Sale General ABC License. Walgreens is immediately north of the subject property and shares an inter-connected drive aisle with the 76 gas station. The subject site is also located withi the Page Plaza Shopping Center where Walmart is located. Walmartn also has a Type 21 ABC License and, therefore, the proposed conditional use is neither necessary nor convenient. Allowingthe proposed use would be counter to the general plan goal of enforcing regulations pertaining to the location and retailing of alcoholic beverages. The over-concentration of both Type 20 and Type 21 in the Page Plaza shopping center is not good land use planning. The purpose of this general plan goal is to prevent the concentration of alcohol uses and sales in one location.

SECTION 3: CONDITIONALUSE PERMIT, SUPPLEMENTAL FINDINGS FOR

ALCOHOL SALES
Pursuant to Section 90-90(c)2, and in light of the record before it, including the staff report dated July 15, 2014, and all evidence and testimony heard at the public hearing of this item, the Planning Commission hereby ?nds as follows:
(1) The use with all of the following separation requirements.

Notwithstanding the foregoing, the decision making body may issue a Conditional Use Pennit to a use that does not comply with one or more of the following separation standards if it ?nds that unique circumstances exist that justify noncompliance with the separation standard(s).

6. The use l_.S_‘ located at least 600 feet, as measured from property line to property line, from any existing public or private schools (K through 12), public parks, or places of worship;
The proposed project meets all
requirements.
of the above separation
Planning Commission Resolution Bill No. 14-019
CONDITIONAL USE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station
Page4of11

13.B

®\lO)
(2)
(3)
b. The use LSlocated at least 100 feet, as measured fromproperty line to property line, from existing residential uses or land that is zoned for residential uses.

The proposed use is located more than 100 feet away from any residential uses.
c. The use IS located at least 1000 feet, as measured from property line to property line, from existing pamlee-probationer homes, emergency shelters, supportive housing, or transitionalhousing.

There are no known, or licensed, parolee-probationer homes, emergency shelters, supportive housing, or transitional housing within 1000 feet of the proposed use.

The use Q fully visible from a public street with an unobstructed view from the public street for public safety.

The existing 76 gas station convenience store meets all requirements for visibilityincluding unobstructed views.

The proposed use will be detrimental to surrounding properties and neighborhoods including contributing to loitering, public dmnkenness, noise, obstructing pedestrian and vehiculartraffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.

The Hemet Police Department has recently provided statistics for other recent projects at other locations which indicate there is a direct correlation between the sales of spirits and alcohol-related crimes, including more serious criminal offenses. The proposed use will lead to an intensification of the existing ABC License that would permit the location to act similarly to a liquor store, for which there are many known problems in the City of Hemet. Over the last 18 month period the Hemet Police Department has responded to 1,670 calls for service to the immediate vicinity of 1111 South Sanderson, including 1,244 calls to Walmart which has a Type 21 ABC License, and 60 calls to Walgreens which has a Type 21 ABCLicense. Staff is concerned that an upgrade i the type of ABC License will have the potential to increase nuisance andn criminal behavior including alcohol-related crimes arid more serious criminal offenses such as: loitering, public drunkenness, noise obstructing pedestrian and vehicular traf?c, parking, crime, interference . with pedestrian corridors used by children, defacement and damage to structures. Combined, these two locations make up 78 percent of all calls for service to Page Plaza addresses on Sanderson Avenue.

Planning commission Resolution BillNo. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station
Page5of11

13.B

(4)
In addition, there are fourteen (14) gas stations in and around the City of Hemet, 12 within City limits and 2 in the outlying unincorporated areas, which currently have Type 20 ABC licenses. The potential approval for the 76 gas station to upgrade to a Type 21 General License would set an unwanted precedent for this kind of use.

The Hemet Police Department reported that from January 1, 2014 through June 30, 2014, there were a total of 691 calls for service to 25 different Type 20 ABC License locations in the City. This averages to about 28 calls per location during the ?rst six months of 2014. In contrast, HPD reported that from January 1, 2014 through June 30, 2014, there were a total of 1.758 calls for service to 35 different Type 21 ABC License locations in the City. This averages to about 50 calls per location during the ?rst six months of 2014. Therefore, it is staff's assertion that Citywide, the number of police department calls for service to Type 21 License locations willbe substantially greater than the police department calls for service to Type 20 License locations.

The proposed use will adversely impact the suitability of adjacent commercially zoned properties for commercial uses.

The site and the immediate vicinity are already developed with commercial uses. The proposed use will have the potential to operate like a liquor store, and have the potential to attract the same types of nuisance behaviors such as loitering, panhandling, public intoxication and vagrancy, currently encountered at existing liquor stores in the City of Hemet. The Hemet Police Department maintains statistics which indicate there is a direct correlation between the sales of alcoholic beverages and alcoholrelated crimes, including more serious criminal offenses. Over the last 18 month period the Hemet Police Department has responded to 1,670 calls for service to the immediate vicinity of 1111 South Sanderson, including 1,244 calls to Walmart which has a Type 21 ABC License, and 60 calls to Walgreens which has a Type 21 ABC License. Combined, these two locations make up 78 percent of all calls for service to Page Plaza addresses on Sanderson Avenue.

The Hemet Police Department reported that from January 1, 2014 through June 30, 2014.there were a total of 691 calls for service to 25 different Type 20 ABC License locations in the City. ‘Thisaverages to about 28 calls per location during the ?rst six months of 2014. In contrast, HPD reported that from January 1, 2014 through June 30, 2014, there were a total of 1,758 calls for service to 35 different Type 21 ABC License locations in the City. This averages to about 50 calls per location during the ?rst six months of 2014. Therefore, it is staffs assertion that Citywide, the number of police department calls for service to Type 21 License Planning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas station

13.B

Hemet Municipal Code
wouldnot
Type ABC nses. pgrad existing Type
ABC ermit Type ABC would further
locations willbe substantially greater than the police department calls for service to Type 20 License locations.

SECTION4: PUBLICCONVENIENCEOR NECESSITY
Pursuant to Section 90-90(H)3, and in light of the record before it, including the staff report dated July 15, 2014, and all evidence and testimony heard at the public hearing of this item, the Planning Commission hereby ?nds as follows, as —¥O(Om\lO)U'l-#0>l\>—*O(O®\lO)U'I-b l0—-
required by Ordinance 1858:

8. The public convenience
of the proposed use.
be served by the establishment
Per thresholds established by the California Department of Alcoholic Beverage Control (ABC), City-wide the entire City of Hemet currently has an overconcentration ratio of nearly 2:1 more licenses issued than recommended by ABC. In addition, the Census Tract in which the project is located is permitted to have four (4) (ABC allows "rounding up," a literal interpretation of the BPC statutes currentiy allows 3.2 Type 21 ABC Licenses) general retail alcohol licenses, and the Census Tract currently has four (4) 21 General lice U ing an 20
License to p a 5"‘ 21 license the
over-concentrationof this type of license withinthe Census Tract.

Based on infonnation obtained from ABC's website, there are currently a total of 123 combined active retail ABC licenses in the City of Hemet. The ABCformula for issuing alcohol licenses within Riverside County is established in the California Business and Professions Code and is as follows: The number of off-sale beer and wine licenses is limitedto one for each 2,500 people in a city or county, and the number of beer and wine licenses that can be issued in a city or county in combination with off-sale general licenses is limited to one for each 1,250 people (Section 23817.5).

The state of California Department of Finance reports that as of January 1, 2014 the City of Hemet's population is 81,537. Divided by one combined general license for each 1,250 people or portion thereof. the appropriate number of general retail alcohol licenses issued within the City of Hemet should be 66 licenses. Currently, there are 123 active ABC licenses within the City of Hemet.

Citywide, this represents an over-concentration of alcoholic beverage licenses at a ratio of nearly 2:1 higher than that recommended by the ABC.

Planning Commission Resolution No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

wu‘PiV.$‘I. ME..VW.vturrril‘l¢w1§:.::..vw..(:W..(w..4.$.(..14I....::».-r

13.B

l’\)—\ O(Om\lO')UI-§(.A>l\)-‘O(OO3\l 0ON—|O(OG)\lO> U1-§0)N— More specifically, the project site is located within Census Tract 435.04. The ABC website indicates Tract 435.04 has a total seventeen (17) active retail licenses, nine (9) of which are Off-Sale licenses and ?ve (5) of them are Type 20 and four (4) of them are Type 21 (General). A combined total of four (4) General ABC licenses are permitted before the tract is considered to have an undue concentration. This Census Tract has been deemed to have Undue Concentration because the Census Tract exceeds the threshold of one off-sale license per 2,500 people, or portion thereof. There are 7,743 people living in this Census Tract.

Pursuant to the threshold, there should be no more than four (4) Type 21 Licenses. The current number of Type 21 licenses is 4 Type 21 licenses. The maximum is 4. Upgrading this license to a Type 21 will be 5 Type 21 Licenses which is over the maximum before the Tract is considered to be over-concentrated.

Moreover, the proposed use is immediately adjacent to a Walgreens Drug Store which also has a Type 21 Off-Sale General ABC License. Walgreens is immediately north of the subject property and shares an inter-connected drive aisle with the 76 gas station. The subject site is also located within the Page Plaza Shopping Center where Walmart is located. Walmart also has a Type 21 ABC License and, therefore, the proposed conditional use is neither necessary nor convenient.

The proposed use 5 anticipated to be a source of nuisance behavior associated with the excessive consumption of alcoholic beverages, or the exposure of alcoholic beverages to minors.

The proposed use will have the potential to operate like a liquor store, and have the potential to attract the same types of nuisance behaviors such as loitering, panhandling, public intoxication and vagrancy, currently encountered at existing liquor stores in the City of Hemet. The Hemet Police Department maintains statistics which indicate there is a direct correlation between the sales of alcoholic beverages and alcohol-related crimes, including more serious criminal offenses. Over the last 18 month period the Hemet Police Department has responded to 1,670 calls for service to the immediate vicinity of 1111 South Sanderson, including 1,244 calls to Walmart which has a Type 21 ABC License, and 60 calls to Walgreens which has a Type 21 ABC License. Combined, these two locations make up 78 percent of all calls for service to Page Plaza addresses on Sanderson Avenue.

The Hemet Police Department reported that from January 1, 2014 through June 30, 2014, there were a total of 691 calls for service to Planning Commission Resolution Bill No. 14-019
CONDITIONAL USE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

13.B

would be
would increase
\lO K)-3 C¢O®N0)U'l-F0010-‘
25 different Type 20 ABC License locations in the City. This averages to about 28 calls per location during the ?rst six months of 2014. In contrast, HPD reported that from January 1. 2014 through June 30, 2014, there were a total of 1,758 calls for service to 35 different Type 21 ABC License locations in the City. This averages to about 50 calls per location during the first six months of 201

4. Therefore.it is staff's assertion that City-wide,the number of police department calls for service to Type 21 License locations will be substantially greater than the police-department calls for service to Type 20 License locations.

The proposed use
or welfare.
detrimental to the public health, safety
The proposed use would further intensify the current use in an already over-concentrated area as explained in the staff report.

The over-concentration of Type 21 ABC licenses in the Census Tract and approval of the request would set an unwanted precedent for 12 other gasoline stations in the City of Hemet that also currently have a Type 20 ABC License to sell beer and wine only.

The proposed use will have the potential to operate like a liquo store, and have the potential to attract the same types of nuisance r behaviors such as loitering, panhandling, public intoxication and vagrancy, currently encountered at existing liquor stores in the City of Hemet. Current Hemet Police Department statistics show that the two existing Type 21 ABC license locations in Page Plaza (\Nalgreens and Walmart), are responsible for 78 percent of all of the calls for service within Page Plaza that have an address on Sanderson Avenue.

The proposed use the severity of existing law
enforcement or public nuisance problems in the surrounding area.

The proposed use will have the potential to operate like a liquo store, and have the potential to attract the same types of nuisance r behaviors such as loitering, panhandling, public intoxication and vagrancy, currently encountered at existing liquor stores in the Cit of Hemet. The Hemet Police Department maintains statistics which y indicatethere is a directcorrelationbetween the sales of alcoholi beverages and alcohol-related crimes, including more c serious criminal offenses. Over the last 18 month period the Hemet Police Department has responded to 1,670 calls for service to the immediate vicinity of 1111 South Sanderson, including 1,244 calls to Walmart which has a Type 21 ABC License, and 60 calls to Walgreens which has a Type 21 ABC License. Combined, these Planning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

13.B

is not consistent
l\J—\O(O ®\lO)(J1-h03f\J-IO(D®\lO7f.7I-h~(.0l\J-I-C)CD(D\lO)fJ'I 43 two locations make up 78 percent of all calls for service to Page Plaza addresses on Sanderson Avenue.

The Hemet Police Department reported that from January 1, 2014 through June 30, 2014, there were a total of 691 calls for service to 25 different Type 20 ABC License locations in the City. This averages to about 28 calls per location during the first six months of 2014. In contrast, HPD reported that from January 1, 2014 through June 30, 2014, there were a total of 1,758 calls for service to 35 different Type 21 ABC License locations in the City. This averages to about 50 calls per location during the ?rst six months of 2014.

Therefore.it is staffs assertion that City—wide,the number of police department calls for service to Type 21 License locations will be substantially greater than the police department calls for service to Type 20 License locations.
e. The proposed use with the objectives, policies, general land uses, and programs of the general plan and any applicable speci?c plan, this Section and any applicable zoning regulations.

The proposed use is not consistent with the following General Plan 2030 Goal, Healthy Communities Goal LU—15.5— Unhealthy Development Patterns - Create, update, and enforce regulations and laws pertaining to the location, retailing, and use of unhealthy substances such as tobacco, marijuana and other dmgs, and alcohol.

The proposed use is immediately adjacent to a Walgreens Drug Store which also has a Type 21 Off-Sale General ABC License.

Walgreens is immediately north of the subject property and shares an inter-connected drive aisle with the 76 gas station. The subject site is also located within the Page Plaza Shopping Center where Walmart is located. Walmart also has a Type 21 ABC License and, therefore, the proposed conditional use is neither necessary nor convenient. Allowing the proposed use would be counter to the general plan goal of enforcing regulations pertaining to the location and retailing of alcoholic beverages. The over-concentration of both Type 20 and Type 21 ABC Licenses in one shopping center is not good land use planning. The purpose of this general plan goal is to prevent the concentration of alcohol uses and sales in one location.

SECTION 5: PLANNINGCOMMISSIONACTIONS
Planning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station

13.B

The Planning Commission hereby takes the followingactions:

1. Denies Conditional Use Permit. Due to inabilityto make ALLof the ?ndings required for the approval of ConditionalUse Permit No. 14-003, the supplemental ?ndings required for approval of alcohol sales, and the ?ndings required to make a Public Convenience or Necessity determination, Conditional Use Permit No. 14-003 is hereby denied.

PASSED, APPROVED, AND ADOPTED this 5th day of August, 2014, by the following vote:

AYES:

NOES:

ABSTAIN
ABSENT:

John Gifford, Chairman
Hemet Planning Commission
ATTEST:

MelissaCouden, Minutes Secretary
Hemet Planning Commission
P anning Commission Resolution Bill No. 14-019
CONDITIONALUSE PERMITNO. 14-003
ABC License Upgrade at 76 Gas Station
Page11of11

13.B

nderson
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Hemet Municipa
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CITYOF HEMET

PLANNINGCOMMISSION
RESOLUTIONBILL NO. 19-029

A RESOLUTION OF THE PLANNING COMMISSIONOF

THE CITY OF HEMET, CALIFORNIA DENYING
COND TIONAL USE PERMIT NO. 19-012 FOR AN
UPGRADE OF AN EXISTING TYPE 20 ABC LICENSE
FOR THE SALE OF BEER AND WINE TO A TYPE 21
GENERAL ABC LICENSE FROM 6:00 A.M. TO 2:00 A.M.,
SEVEN DAYS A WEEK AT AN EXISTING UNOCAL 76
GAS STATION LOCATED AT 1111 SANDERSON

AVENUE, ON THE WEST SIDE OF SANDERSON
AVENUE, SOUTH OF STETSON AVENUE. (APN 460-250-
023)
WHEREAS, an application for Conditional Use Permit No. 19-012 to upgrade from a Type 20 ABC License for the sale of beer and wine from an existing Unocal 76 gas station located at 1111 Sa Avenue, to a Type 21 General ABC License for the sale of beer, wine, and disti ts he s been duly filed by:

Owner: Just 4 Fun, LLC — Riyad Kassab
Agent: Maria R. Agha
Project Location 1111 S. Sanderson Avenue
APN: 460-250-023
WHEREAS, the Planning Commission has the authority per section 90-42 et seq. and section 90-90 of the I Code to take action on Conditional Use Permit No. 19-012 to allow for the ABC License upgrade for the Unocal 76 gas station convenience store; and
WHEREAS, on November 21. 2019, the City gave public notice by advertising in the Press Enterprise and by mailing to property owners and tenants within 500 feet, of the holding of a public hearing at which the project would be considered by the Planning Commission; and
WHEREAS, on November 25, 2019, the applicant contacted City staff to request the hearing be rescheduled to January 21, 2020, and
Planning Commission Resolution Bill No. 19-029
CONDITIONALUSE PERMITNO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

Hemet Munlcigal Code
Conditional Use Permit
(Dm\IO7UI-b(.A>I\>—¥
WHEREAS, on December 3, 2019, the Planning Commission opened the public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the Conditional Use Permit and at which the Planning Commission continued the public hearing for Conditional Use Permit No. 19-012 to January 21, 2020 at the request of the Applicant; and
WHEREAS, on January 21, 2020, the Planning Commission reopened the public hearing at which interested persons had an opportunity to testify in support of, or opposition to, the Conditional Use Permit and at which the Planning Commission considered the Conditional Use Permit; and
WHEREAS, the Planning Commission has made findings which indicate that the location for the proposed conditional use is not suitable for the proposed use; and WHEREAS, The California Environmental Quality Act (CEQA) does not apply to projects which an agency disapproves. (CEQA Guidelines Section 15270).

NOW, THEREFORE, the Planning Commission of the City of Hemet does Resolve, Determine, Find and Order as follows:

SECTION 1: ENVIRONMENTAL FINDINGS
Pursuant to the California Environmental Quality Act (CEQA) Guidelines (Title 14 California Code of Regulations Section 15000 et seq.) section 15270, CEQA does not apply to projects which an agency disapproves.

SECTION 2: CONDITIONALUSE PERMIT
Pursuant to Section 90-42, and in light of the record before it, including the staff report dated January 21, 2020, and all evidence and testimony heard at the public hearing of this item, the Planning Commission hereby finds as follows:
(Section 90-42)
1 That the proposed location of the conditional use is not in accord with the objectives of this chapter and the purposes of the zone in which the site is located; and,
Although the existing use has a Type 20 ABC license allowing the sale of beer and wine, the proposed use represents an increase in intensity of the use which is likely to increase demand on essential public services and Planning Commission Resolution Bill No. 19-029
CONDITIONAL USE PERMIT NO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

may be detrimental to the public health, safety, and welfare due to increased crime and demand for additional police services.

That the proposed location of the conditional use and the conditions under which it would be operated or maintained willbe detrimental to the public health, safety or welfare, and materially injurious to properties or improvements in the vicinity.

The Hemet Police Department has recently provided statistics for addresses along Sanderson Avenue in Page Plaza, wherethe Unocal 76 gas station is located. From January 1, 2018 to October 09, 2019 the Hemet Police Department has responded to 1,580 calls for service to the immediate vicinity of South Sanderson, including 1,178 calls to Walmart which has a Type 21 ABC License, and 103 calls to Walgreens which has a Type 20 ABC License and, 299 calls to Unocal 76 which has a Type 20 License.

In the same general area in the Target Center, the calls for service at Target were 985, which have a Type 21 Off-Sale license, the calls for service to the 99 Cents Store were 151 and they have a Type 20 License.

Of the fourteen (14) gas stations in the City of Hemet all having Type 20 ABC licenses, Unocal 76 (Just 4 Fun) ranks ninth highest in number of service calls for the period of time from Jan 1, 2018 to October 9, 2019.

An upgrade in the type of ABC License will have the potential to further increase nuisance and criminal behavior including alcohol-related crimes and more serious criminal offenses.

That the use and operation is not consistent with the general plan elements, goals, and policies;
The proposed use is not consistent with the following General Plan 2030 Goal, Healthy Communities Goal LU-15.5 — Unhealthy Development Patterns — Create, update, and enforce regulations and laws pertaining to the location, retailing, and use of unhealthy substances such as tobacco, marijuana and other drugs, and alcohol.

That the type, sensitivity and operating characteristics of the of the proposed use, and the manner in which they will be located on the site, are not compatible with existing lands uses, the character of established neighborhoods, or planned development in the vicinity.

The proposed use is adjacent to a Walgreens Drug Store which also has a Type 20 off-sale General ABC License. Walgreens is north of the subject Planning Commission Resolution Bill No. 19-029
CONDITIONALUSE PERMIT NO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

Hemet Municipal Code
Sugglemental Conditional Use Permit Findings Required for Alcohol Sales:

C(00) \IO)U'I ®\I 0>I\)—\O<OCO\lO>U'I-P(.0I\3—¥O<Dm\IO') SECTION 3:
property and shares an inter-connected drive aisle with the Unocal 76 gas station. The subject site is also located within the Page Plaza Shopping Center where Walmart is located. Walmart has a Type 21 ABC License and, therefore, the proposed conditional use is neither necessary nor convenient. Allowing the proposed use would be counter to the general plan goal of enforcing regulations pertaining to the location and retailing of alcoholic beverages.

CONDITIONAL USE PERMIT, SUPPLEMENTAL FINDINGS FOR

ALCOHOL SALES
Pursuant to Section 90-90(c)2, and in light of the record before it, including the staff report dated January 21, 2020, and all evidence and testimony heard at the public hearing of this item, the Planning Commission hereby finds as follows:
(1) The use complies with all of the following separation requirements.

Notwithstanding the foregoing, the decision making body may issue a Conditional Use Permit to a use that does not comply with one or more of the following separation standards if it ?nds that unique circumstances exist that justify non—compliance with the separation standard(s). 8 The use Q located at least 600 feet, as measured from property line to property line, from any existing public or private schools (K through 12), public parks, or places of worship;
The proposed project meets all ‘of the above separation requirements.

The use _l§ located at least 100 feet, as measured from property line to property line, from existing residential uses or land that is zoned for residential uses.

The proposed use is located just across Sanderson Avenue from residential uses but is more than 100 feet away from any residential uses.

The use LSlocated at least 1000 feet, as measured fromproperty line to property line, from existing parolee-probationer homes, emergency shelters, supportive housing, or transitional housing.

There are no known, or licensed, parolee-probationer homes, emergency shelters, supportive housing, or transitional housing within 1000 feet of the proposed use.

Plannin Commission Resolution Bill No. 19-029
CONDITIONAL USE PERMITNO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

(2)
(3)
(4)
The use l_Sfully visible from a public street with an unobstructed view from the public street for public safety.

The existing Unocal 76 gas station convenience store meets all requirements for visibility including unobstructed views.

The proposed use will be detrimental to surrounding properties and neighborhoods including contributing to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traf?c, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.

From January 1, 2018 to October 09, 2019 the Hemet Police Department has responded to 1,580 calls forservice to the immediate vicinity of 1111 South Sanderson, including 1,178 calls to Walmart which has a Type 21 ABC License, 103 calls to Walgreens which has a Type 20 ABC License, and 299 call to Unocal 76 (Just 4 Fun) which has a Type 20 ABC License.

The Planning Commission is concerned that an upgrade in the type of ABC License will have the potential to increase nuisance and criminal behavior including alcohol-related crimes and more serious criminal offenses such as: loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, and interference with pedestrian corridors used by children, defacement and damage to structures.

In addition, there are eighteen (18) gas stations in and around the City of Hemet, 14 within City limits and 4 in the outlying unincorporated areas, which currently have Type 20 ABC licenses. The potential approval for the Unocal 76 gas station to upgrade to a Type 21 General License would set an unwanted precedent for this kind of use.

The proposed use will adversely impact the suitability of adjacent commercially zoned properties for commercial uses.

The site and the immediate vicinity are developed with commercial uses.

The proposed use will have the potential to attract the same types of nuisance behaviors such as loitering, panhandling, public intoxication and vagrancy, currently encountered at existing liquor stores in the City of Hemet. The Hemet Police Department maintains statistics which indicate there is a direct correlation between the sales of alcoholic beverages and alcohol-related crimes, including more serious criminal offenses. Over the last 20 month period the Hemet Police Department has responded to 1,580 calls for service to the immediate vicinity of 1111 South Sanderson, including 1,178 calls to Walmart which has a Type 21 ABC License, and 103 calls to Walgreens which has a Type 20 ABC License and 299 call to Unocal 76 which has a Type 20 ABC License.

Planning Commission Resolution Bill No. 19-029
CONDITIONALUSE PERMITNO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

SECTION 5: PLANNINGCOMMISSIONACTIONS
The Planning Commission hereby takes the followingactions:

1. Denies Conditional Use Permit 19-012. Due to inability to make ALL of the findings required for the approval of Conditional Use Permit No. 19-012, and the supplemental findings required for approval of alcohol sales, Conditional Use Permit No. 19-012 is hereby denied.

PASSED, APPROVED, AND ADOPTED this 21st day of January, 2020, by the following vote:

AYES:

NOES:

ABSTAIN
.ABSENT:

Vince Overmyer, Chairman
Hemet Planning Commission
ATTEST:

Gabriela Hernandez, Minutes Secretary
Hemet Planning Commission
Planning Commission Resolution Bill No. 19-029
CONDITIONAL USE PERMITNO. 19-012
ABC License Upgrade at Unocal 76 Gas Station

13.B

April 15, 2022
Planning Commission
City of Hemet
450 East Latham Avenue
Hemet, CA 92543
Re: Planning Commission Meeting April 19, 2022: Agenda Item 7B: Conditional Use Permit 21- 015 and Public Convenience or Necessity 22-001 Plaza Liquor Dear Honorable Members of the Planning Commission,
This letter is submitted on behalf of Concerned Citizens of Hemet in connection with the proposed adoption of a Resolution approving Conditional Use Permit (“CUP”) 21-015 and determination of Public Convenience or Necessity (“PCN”) for Plaza Liquor (“Project”).

I. The Project Violates the Hemet Municipal Code and is Inconsistent with the General Plan A. The Necessary Findings Cannot be Made to Approve a Conditional Use Permit Municipal Code Section 90-42.5 identifies findings required for the approval of a CUP. The Project fails to meet them. Among other things, the Project’s location of the conditional use must not be “detrimental to the public health, safety or welfare” of the residents of the City. Mun. Code § 90-

42.5. The proposed location has been vacant for five years. By filling this vacancy with a liquor store, the proposed use will be detrimental to surrounding properties, neighborhoods, and residents by increasing the likelihood of loitering, public drunkenness, noise, parking, crime, and defacement and damage to structures. These impacts are directly inconsistent with the Municipal Code’s policy of protecting public health, safety, and welfare.

The Project also contradicts the Code’s policy of protecting public health, safety, and welfare because of its location. Two off-sale Alcohol Beverage Control (“ABC”) licenses are allowed within this census tract. Staff Report at 3. However, there are currently four ABC off-sale licenses issued within that census tract (three Type 20 and one Type 21), which the ABC has deemed results in an overconcentrated tract. Id. Approving Plaza Liquor at this location increases the number of ABC offsale liquor licenses from 4 to 5, resulting in an even higher overconcentration of ABC licenses in one census tract. The negative impacts associated with allowing another ABC license in this location will

13.B

be felt by the residents and the community as a whole. This impact is in direct conflict with the provisions in Municipal Code Section 90-42.5 prioritizing the public’s health, safety, and welfare.

Under Section 90-42.5, a finding that the use and operation of the Project is consistent with the General Plan elements, goals, and policies must also be made prior to approval of a CUP. The Project is inconsistent with numerous land use elements of the General Plan, including but not limited to: LU6.7 which controls the location, concentration, and number of community sensitive land uses such as alcohol sales to prevent adverse impacts to residences, schools, and parks; LU-4.7 which promotes the maintenance and enhancement of property values; LU-6.3 which promotes the vending of high-quality goods and services; and LU-15.5 which monitors unhealthy development patterns by enforcing regulations pertaining to the location and retailing of unhealthy substances such as alcohol. As such, the required findings under Section 90-42.5 cannot be made as a result of these inconsistencies and thus the approval of a CUP is conflicting with the Municipal Code.

As such, the required findings under Section 90-42.5 cannot be made and thus the approval of a CUP is inconsistent with the Municipal Code.

B. The Necessary Findings Cannot be Made to Approve a Determination of Public Convenience or Necessity
In addition to the findings applicable to CUP’s under Section 90-42 et seq of the Municipal Code, the Commission must make the necessary findings under Section 90-90 for a use that engages in the off-sale of alcoholic beverages before approving a CUP. Similar to Section 90-42.5, the purpose of Section 90-90 is to “establish standards for businesses engaged in the sale of alcoholic beverages to protect the health, safety, and general welfare of the residents of the city.” Mun. Code §90-90(a).

Section 90-90(f)(3) requires that “the proposed use will not be detrimental to surrounding properties and neighborhoods, including ensuring that the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures.” Mun. Code §90-90(f)(3).

Adding yet another Type 21 ABC license to an already overconcentrated census tract location will substantially increase the likelihood of all of the negative impacts the Municipal Code specifically prohibits.

Additionally, the necessary findings cannot be made for a determination of Public Convenience or Necessity (“PCN”) pursuant to Section 90-90(h)(3). The public convenience would not be served by the establishment of the proposed use as there are already four other ABC licenses that exist in the same census tract as the proposed location of Plaza Liquor. Mun. Code §90-90(h)(3)(a). Thus, there is no necessity for yet another off-sale liquor store in that area. The proposed use can be anticipated to be

13.B

a source of nuisance behavior associated with the excessive consumption of alcoholic beverages as the addition of a fifth liquor store in the vicinity can lead to various negative impacts to the residents and community including an increase in severity of existing law enforcement or public nuisance problems in the surrounding area. Id. §90-90(h)(3)(b)(d).

Also, as discussed above, the proposed use would be detrimental to the public health, safety, and welfare of the City. Id. §90-90(h)(3)(c). Finally, as discussed above, the use is inconsistent with the objectives, policies, general land uses, and programs of the General Plan. Id. §90-90(h)(3)(e).

As such, the required findings under Section 90-90 cannot be made and thus a PCN determination is inconsistent with the Municipal Code.

II. Approving a Conditional Use Permit Would be Inconsistent with the Commission’s Previous Determinations
Back in 2014 and again in 2019 a different applicant requested a CUP in order to upgrade their Type 20 license to Type 21 at a location directly across from the current proposed Project site for the Plaza Liquor store. In approving Resolution Bill No. 14-019 and Resolution Bill No. 19-029, the City’s Planning Commission denied the CUP on claims that are now ignored or contradicted in the recommendation to approve the Plaza Liquor CUP.

Both Resolutions stated the approval of the requested CUP had the “potential to increase nuisance and criminal behavior”. Resolution Bill No. 14-019 (“Res. 14-019”) at 3, Resolution Bill No. 19-029 (“Res. 19-029”) at 3. However, the Staff Report for the upcoming meeting states the proposed use is not anticipated to be a source of nuisance behavior simply because the Applicant has operated a different liquor store at a different location. Staff Report at 7. This distinction is not founded on any evidence.

Additionally, these Resolutions stated the use and operation would have been “counter to the general plan goal of enforcing regulations pertaining to the location and retailing of alcoholic beverages” and that “the over-concentration of both Type 20 and Type 21 in the Page Plaza shopping center is not good land use planning…the purpose of this general plan is to prevent the concentration of alcohol uses and sales in one location.” Res. 14-019 at 4, Res. 19-029 at 4. The proposed location and use of Plaza Liquor results in identical issues as those discussed in the Resolution, and yet Staff has recommended to approve the CUP.

Also, these Resolutions denied a CUP because the proposed location was “immediately adjacent to a Walgreens Drug Store which has a Type 21 ABC license” and “located within the Page Plaza Shopping Center where Walmart is located [and] that also has a Type 21 ABC license and,

13.B

therefore the proposed conditional use is neither necessary nor convenient.” Id. However, the Staff Report ignores this fact and recommends the Commission make a public convenience and necessity determination based on the fact the Applicant wishes to continue serving his previous clients. Staff Report at 7.

The Resolutions also found that the use and operation would not have been consistent with the General Plan goal of maintaining a healthy community due to the proximity to the Walgreens and Walmart in the Page Plaza shopping center. Res. 14-019 at 4, Res. 19-029 at 4. However, the Staff Report includes no discussion of this issue, despite the fact this CUP would be within the exact same plaza.

To approve this CUP this Commission would be directly contradicting their own findings and determinations made only a few years ago, and would be approving a Project in the same vicinity that was recently deemed unsuitable for a conditional use permit relating to the off-sale of alcoholic beverages.

III. The Project Violates CEQA
The Staff Report claims the Project is exempt from California Environmental Quality Act (“CEQA”) review in accordance with Section 15301, Class 1(a) “existing facilities” exemption. Staff Report at 11. The Staff Report asserts that the “site is developed and the Conditional Use Permit is for the operation of a liquor store, the applicant is proposing no expansion to the site.” Id. However, this assertion is incorrect. This exemption applies to existing facilities “involving negligible or no expansion of existing or former use.” CEQA Guidelines § 15301. Such is not the case here. “The location Plaza Liquor is proposing to occupy has been vacant for several years. The previous tenant was Radio Shack who closed their doors five years ago. Plaza Liquor operating in this location will eliminate a vacant building in the center.” Staff Report at 7. Thus, if approved, the space which has been vacant for more than five years will become a liquor store. To transition the use of the site that is over 2,400 square feet from an empty space into a liquor store involves a substantial expansion of an existing or former use.

In evaluating whether a project qualifies for an exemption, an agency must ascertain the extent to which the applicant seeks to change the ongoing operation. CEQA Guidelines § 15301. The agency must therefore determine the nature and scope of the existing operation in order to establish a proper baseline from which to measure potential impacts. Id. The baseline is established “as it physically exists at the time of the current permit application.” Id. Here, the baseline is established as a vacant site. Therefore, any new activity, and particularly activity that requires a conditional use permit for the sale of alcohol, will result in drastic changes from the established baseline. Even if the baseline were

13.B

established by the prior commercial use, this transition would still result in a substantial expansion.

The impacts on the community’s health, safety, and general welfare associated with the existence of a Radio Shack or a liquor store vary significantly.

The site has not been used for 5 years and therefore an increase in activity is likely to have numerous impacts on the surrounding environment, including but not limited to: impacts to air quality, noise, transportation and traffic, greenhouse gas emissions, land use and community character, human health and safety, public services and facilities, water supply, and energy use.

As such, the Commission cannot claim a Class 1(a) exemption and must conduct the necessary environmental review associated with converting a vacant space into a liquor store.

IV. Conclusion
“[R]egardless of whether the local ordinance commands that the [] board set forth findings, that body must render findings sufficient both to enable the parties to determine whether and on what basis they should seek review and, in the event of review, to apprise a reviewing court of the basis for the board’s action.” Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 514 (footnote omitted). The proposed resolutions fail to produce adequate findings supported by evidence. Among other things, as noted above, the Project is inconsistent with the General Plan and Municipal Code. Additionally, as discussed above, the Project will adversely affect the health, safety, and general welfare of the City and its residents.

Furthermore, the proposed findings do not address important criteria required by the Municipal Code. Section 90-42 identifies required findings for the issuance of a conditional use permit. Section 90-90 requires findings for approval of alcohol sales. The proposed findings fail to adequately address these requirements.

For the foregoing reasons, Concerned Citizens of Hemet request you deny a Resolution approving Conditional Use Permit 21-015 and deny a determination of Public Convenience or Necessity for Plaza Liquor.

Sincerely,
Isabela Rodriguez

13.B

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jun 14 2022
Department: Finance
Submitted by: Eddie Pust, Acting City Manager
Lorena Rocha, Finance Director;
☒ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

The City of Hemet Warrant Registers Dated April 21, 2022, in the amount of $1,216,487.29, May 5, 2022, in the amount of $3,168,722.47 and May 19, 2022 in the amount of $874,975.03. The Payroll Periods of April 4, 2022 - April 17, 2022, in the amount of $748,181.41, April 18, 2022 - May 1, 2022, in the amount of $889,229.29, and May 2, 2022 - May 15, 2022 in the amount of $735,386.39.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Receive and file the City of Hemet Warrant Registers.

BACKGROUND:

The City of Hemet Warrant Registers Dated April 21, 2022, in the amount of $1,216,487.29, May 5, 2022, in the amount of $3,168,722.47, and May 19, 2022 in the amount of $874,975.03.

The Payroll Periods of April 4, 2022 - April 17, 2022, in the amount of $748,181.41, April 18, 2022 - May 1, 2022, in the amount of $889,229.29, and May 2, 2022 - May 15, 2022 in the amount of $735,386.39.

ANALYSIS:

In this month's warrant register the following payment was in excess of $500,000.00.

Check # Vendor Amount Description
200669 KME Fire Apparatus $1,614,592.76 2023 KME Type 1 Pumping Apparatus
Prepayment for two KME Customer Pumper Fire Engines.

STRATEGIC PLAN INTEGRATION:

14.A

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 2: Increase transparency for the public.

ATTACHMENT(S):

Voucher Listing 4-21-22
Voucher Listing 5-05-22
Voucher Listing 5-19-22

14.A

04/21/2022
Voucher List
City of Hemet
1 11:15:35AM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 200358 4/21/2022 97956 4HEROS LLC 6828 (2) CITY OF HEMET COIN OPTION 2 CITY OF HEMET COIN OPTION 2
100-1100-2250 1,008.00
Total : 1,008.00
200359 4/21/2022 96645 4LEAF INC J0689-22B BUILDING DIVISION PLAN REVIEW SERVICES 2021-000338 CO#2 COUNCIL APPROVED A 3RD AMENDMENT
120-3300-2610 6,590.73
Total : 6,590.73
200360 4/21/2022 97634 9TH SHIELD INCORPORATED, THE 1280 PROFESSIONAL SECURITY SERVICES FOR LIBRA 2022-000278 CO#1 - Increased PO amount from $18,000
110-6100-2710 1,128.75
Total : 1,128.75
200361 4/21/2022 96643 ABBARNO, CHRISTINE TRAVEL ADVANCE, CAPE ANNUAL, SAN DIEGO

ADVANCE, CAPE ANNUAL, SAN DIEGO
110-3000-2560 255.00
Total : 255.00
200362 4/21/2022 90694 ADLERHORST INTERNATIONAL LLC 108108 ADVANCED AGITATOR CLASS

ADVANCED AGITATOR CLASS
115-3003-2560 350.00
Total : 350.00
200363 4/21/2022 54790 AIRGAS USA, LLC 9987618608 BLANKET PURCHASE ORDER 2022-000027 WELDING & OXYGEN SUPPLIES
571-9000-2450 251.38
9987618609 BLANKET PURCHASE ORDER
2022-000027 WELDING & OXYGEN SUPPLIES
684-4550-2350 214.18
Total : 465.56
200364 4/21/2022 10710 AL'S KUBOTA TRACTOR INC 226918 BLANKET PURCHASE ORDER 2022-000125 MISC TRACTOR PARTS & SUPPLIES
110-4250-2450 97.88
Page:
1

14.A

04/21/2022
Voucher List
City of Hemet
2 11:15:35AM
vchlist Page:

Bank code : 001
Voucher Date Vendor Invoice PO # Description/Account Amount 200364 4/21/2022 10710 AL'S KUBOTA TRACTOR INC (Continued) 227869 BLANKET PURCHASE ORDER
2022-000125 MISC TRACTOR PARTS & SUPPLIES
110-3241-2850 1,633.92
Total : 1,731.80
200365 4/21/2022 71428 ALTEC INDUSTRIES, INC 11887542 BLANKET PURCHASE ORDER 2022-000028 RENTAL SERVICES, PARTS & REPAIRS
684-4550-2350 196.93
Total : 196.93
200366 4/21/2022 79612 AMAZON.COM 3082 MISC CITY DEPARTMENT SUPPLIES~ 2022-000003 MISC CITY DEPARTMENT SUPPLIES
110-3013-2250 809.05
2022-000003 MISC CITY DEPARTMENT SUPPLIES
115-3000-2250 87.76
2022-000003 MISC CITY DEPARTMENT SUPPLIES
110-3000-2250 327.80
2022-000003 MISC CITY DEPARTMENT SUPPLIES
115-3000-2700 70.63
6242 MISC CITY DEPARTMENT SUPPLIES~
2022-000003 MISC CITY DEPARTMENT SUPPLIES
110-3000-2250 146.70
2022-000003 MISC CITY DEPARTMENT SUPPLIES
110-3241-2850 1,010.49
2022-000003 MISC CITY DEPARTMENT SUPPLIES
110-3241-2450 1,175.50
2022-000003 MISC CITY DEPARTMENT SUPPLIES
110-3225-2250 251.55
2022-000003 MISC CITY DEPARTMENT SUPPLIES
110-3200-2250 467.68
6259 MISC CITY DEPARTMENT SUPPLIES~
2022-000003 MISC CITY DEPARTMENT SUPPLIES
100-1200-2250 31.70
2022-000003 MISC CITY DEPARTMENT SUPPLIES
100-1201-2710 425.70
Page:
2