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HomeMy WebLinkAbout96-111 CC Resolution RESOLUTION NO. 96-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMIECULA FINDING THAT THE PUBLIC CONVENIENCE OR THE PUBLIC NECESSITY WOULD NOT BE SERVED BY THE ISSUANCE OF AN OFF SALE BEER AND WINE LICENSE TO THE ARCO ANVPM MM MARKET AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND NICOLAS ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a' ARCO has applied for a license to sell beer and wine at its proposed mini market to be constructed a the southeast comer of Winchester Road and Nicolas Road in the City of Temecula ("Project"). b. Business and Professions Code Section 23958 provides that the Department of Alcoholic Beverage Control shall deny an application for an off sale retail license if the premises is located in a census tract where the ratio of off sale retail licenses exceeds the ratio of off sale retail licenses to population in the county. C.The project is located within such a census tract. d. Business and Professions Code Section 23958.4 provides that a city could exempt a premises from the mandated denial of Section 23958 if the City finds that the "public convenience or necessity" would be served by the issuance of the license. e. On July 15, 1996, the Planning Commission made a finding of Public Convenience or Necessity for the off site sale of beer and wine at the Project. f. This decision was appealed by Council member Roberts because the importance of the questions presented by this matter require consideration by the full Council. 9. ARCO was duly notified of the date and time of the Council's consideration of this matter and has been given the opportunity to speak to the Council. h. AR persons who appeared before the Council and asked to be heard on this matter were given the opportunity to do so. Resos\96-111 i. The Council has reviewed and carefully considered all of the information presented to it in connection with this matter prior to making a decision on it. Section 2. The City Council of the City of Temecula hereby finds and determines that neither the public convenience or the public necessity would be served by allowing an off sale beer and wine license to be issued for the Project based upon the following: a. There are a sufficient number of mini markets, convenience stores, and supermarkets selling alcoholic beverages within three miles of the Project so that an additional mini market/convenience store type of use at this location will not enhance the convenience of the public in purchasing alcoholic beverages nor would such a use be necessary to serve the public; b. The nature and character of the proposed business is similar to, and in many instances is the same as, other businesses within the City and there is no special convenience to the public in having the use at this location; C.Despite a comprehensive security program and employee training program being proposed by the applicant, the location of the proposed use is adjacent to a high school which will make it difficult to control the great number of students expected to frequent the site as walk up customers and as gasoline customers; d. There will be no special clientele to be served by the proposed business and sale of alcohol; e. The proposed business and sale of alcohol will not serve any special niche in the community not filled by other sellers of alcoholic beverages in the same area as the customers; f. While all businesses are valued and encouraged in the community, the proposed sale of alcohol at this location will make no special contribution to the overall economic development of the community; and 9- The proposed business is adjacent to the new high school which has been planned at this location for three years, is nearly complete, and will open shortly. Section 3. The City Clerk shall certify the adoption of this Resolution. Resos%96-1 II 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on August 27, 1996. P.Eindemans, Mayor ATTEST: Ju Greek, CMC, City Clerk [SEAL] STAI'E OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the Resolution No. 96-1 1 1 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on August 27, 1996, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Ford, Roberts, Stone, Lindemans NOES: 1 COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None un Greek, CM@, City Clerk Resos\96-1 11 3