1. City of Murrieta Public Hearing Item #1 Appeal 009-2817 Wine & Spirits (Liquor Store) City Council

2. Original Request / Proposal A request by Gimel Properties, LLC appealing the Planning Commission’s denial of Revised Permit 008-2752 and make a Finding of Public Convenience or Necessity to allow the establishment of a wine and spirits store for the sale of beer, wine, and hard liquors for the purpose of off- site consumption with on-site wine tasting as an accessory use. 2 | October 20, 2009City of Murrieta City Council

3. 3 | October 20, 2009City of Murrieta City CouncilHistory  Three applications for alcohol sales received for the site.  Amaui Farms Specialty Grocery – Approved 6/24/09  Wine and Spirits, with Wine Tasting (Liquor Store) – Denied 4/22/09  Convenience Store – Denied 4/22/09  Appeal Submitted 5/4/09

4. 4 | October 20, 2009City of Murrieta City Council Land Use Map Site Land Use/Zoning Village Mixed Use / Historic Murrieta Specific Plan Village Mixed Use / Historic Murrieta Specific Plan Surrounding Land Use/ Zoning North: Village Public – Civic – Institutional / Historic Murrieta Specific Plan North: Village Public – Civic – Institutional / Historic Murrieta Specific Plan South: Village Mixed Use / Historic Murrieta Specific Plan South: Village Mixed Use / Historic Murrieta Specific Plan East: (across Jackson Avenue) Multiple Use – 3 (MU-3) / Multi- family East: (across Jackson Avenue) Multiple Use – 3 (MU-3) / Multi- family West: Village Single-Family (VRM – 1) / Historic Murrieta Specific Plan West: Village Single-Family (VRM – 1) / Historic Murrieta Specific Plan

5. 5 | October 20, 2009City of Murrieta City Council Project Description  Liquor Store with on-site Wine Tasting (North Building)  8,000 square feet

6. 6 | October 20, 2009City of Murrieta City Council Revised Proposal  Requested modification to provide only wine and beer sales, with wine tasting (no hard liquor).

7. 7 | October 20, 2009City of Murrieta City Council Public Convenience or Necessity  ABC requires Findings of Public Convenience or Necessity when an overconcentration of off-sale licenses exists.  The Census Tract in which the project site is located has an overconcentration of ABC off-site licenses.  The Census Tract in which the project site is located is allocated 4 licenses, while it presently has 13 licenses, with 1 pending for Amaui Farms.

8. 8 | October 20, 2009City of Murrieta City Council ABC Licenses Brand X Liquor Murrieta Country Market BevMo Arco Chevron

9. 9 | October 20, 2009City of Murrieta City CouncilApplication/Regulation  Murrieta Historic Specific Plan - allows the retail sale of alcoholic beverages, however, relies on Development Code standards.  Development Code - when ABC regulations requires a finding of Public Convenience or Necessity, an application for a Revised Permit is required.  Requires minimum separation for 1,000 feet from sensitive land uses and 500 feet from residential zones.  Multi-family development is located within 500 feet.  Town Square Park is located to the north, within 1,000 feet.

10. 10 | October 20, 2009City of Murrieta City Council Sensitive Land Uses within 1,000 and 500 feet of the project site.

11. 11 | October 20, 2009City of Murrieta City CouncilRecommendation That the City Council deny Appeal 009-2817 and uphold the Planning Commission’s denial of Revised Permit 008- 2752 for a Finding of Public Convenience or Necessity to all the sale of alcoholic beverages from a proposed liquor store.