Planning Commission Staff Report October 7, 2010

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1 Planning Commission Staff Report October 7, 2010 Project: 9180 Franklin Boulevard Walgreens Beer and Wine Rollout Conditional Use Permit Amendment Request: A Conditional Use Permit Amendment to add three additional conditions to the Conditional Use Permit approved by the Planning Commission on March 18, This amendment to the Conditional Use Permit was initiated by the City Council on August 25, File: EG Location: 9180 Franklin Boulevard APN: Planner: Mike Costa Property Owner Vinces Partners Elk Grove 2880 Jefferson Boulevard West Sacramento, CA Staff Recommendation Applicant Walgreens Co. Attn.: Dan Perlin 104 Wilmot Road, 2 nd Floor, MS 1420 Deerfield, IL Agent BBK Attorneys at Law Attn.: Seth Merewitz 400 Capitol Mall, Ste 1650 Sacramento, CA Staff recommends that the Planning Commission adopt a resolution finding the project exempt from CEQA review and approving a Conditional Use Permit Amendment (EG ) to add three additional conditions to the sale of beer and wine from an existing store, located at 9180 Franklin Boulevard. Project Description The project consists of a Conditional Use Permit (CUP) Amendment to add three additional conditions to the CUP that was approved by the Planning Commission on March 18, These conditions are: 1. No exterior advertising or exterior display of any beer or wine products shall be permitted. 2. The Applicant shall install cameras to provide visible perimeter video surveillance with 2 exterior front store views, 1 exterior view of the rear building façade, and 2 inside views. 3. The Applicant shall incorporate additional trash receptacles, designate a smoking area for employees, and post signs regarding the City s smoking (EGMC ) and loitering (EGMC ) prohibitions. Background As approved on March 18 th, the existing CUP permits Walgreens to conduct beer and wine sales in the site s underlying LC (Limited Commercial) zoning district, subject to certain operating controls and employee training methods incorporated into the project s conditions of approval. Before the CUP could become effective, Condition #7 of the project s conditions of approval required Walgreens to obtain approval of a Letter of Public Convenience and Necessity (PCN Letter) from the City Council pursuant to the Department of Alcoholic Beverage Control s (ABC) determination that the business was located in a high crime census tract. 1

2 Elk Grove Planning Commission EG October 7, 2010 Page 2 of 4 On June 9, 2010, the PCN Letter was presented to the City Council for their approval. However, at the public hearing, public comments were received regarding concerns with the site s existing conditions and the introduction of alcohol sales at the project s location. The Council voted to continue the item to a later date in order to allow the Applicant time to coordinate with the site s property owners, commercial tenants, and neighboring residential community to address the concerns identified at the meeting. The Applicant conducted multiple meetings with these parties and an agreement was created that included additional regulations Walgreens would follow in order to address some of the identified concerns. On August 11, 2010, the Applicant presented this agreement to staff. Of the eight items listed in the agreement, three were considered on-going measures to be handled by Walgreens and the neighboring commercial tenants, two procedures were addressed by existing City policies contained in the Elk Grove Municipal Code, and the remaining three items were identified as policies that could be included as additional conditions of approval in the project s existing CUP. Staff presented these three policies to the City Council for their review and consideration on August 25, The Council approved the PCN Letter for Walgreens with the stipulation that it would not be released until the Applicant received approval of a CUP Amendment to include the three policies presented to the Council in the existing Conditional Use Permit. Analysis Adding the three conditions identified above would allow the City to enforce additional policies relevant to Walgreens alcoholic beverage sales operations. These conditions further ensure that three of the agreement items between Walgreens and the concerned parties can be regulated by the City and implemented as part of the project s approval to sell beer and wine in that location. If the Planning Commission does not approve this CUP Amendment, the Applicant s PCN Letter shall not be issued and the original CUP shall not become effective. Staff supports the CUP Amendment and believes that, alongside existing policies established in the Elk Grove Municipal Code, the City will be able to better enforce the CUP issued for Walgreens. Environmental Analysis The project is exempt from CEQA review pursuant to 15061(b)(3) (General Rule Exemption) of Title 14 of the California Code of Regulations. Pursuant to 15061(b)(3), an activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environmental, the activity is not subject to CEQA. This project consists of the addition of three conditions to an existing Conditional Use Permit that permits Walgreens to conduct beer and wine sale operations at their existing facility. Based on staff s review of the project, no special circumstances exist that would create a reasonable possibility that granting a Conditional Use Permit Amendment to add additional regulations for Walgreens proposed sale of beer and wine operations will have a significant effect on the environment. Recommended Motion Should the Planning Commission agree with Staff s recommendation, the following motion is suggested: 2

3 Elk Grove Planning Commission EG October 7, 2010 Page 3 of 4 I move that the Planning Commission adopt a resolution finding the Walgreens Beer and Wine Rollout Conditional Use Permit Amendment (EG ) exempt from CEQA, subject to the findings contained in the resolution. I move that the Planning Commission adopt a resolution approving the Walgreens Beer and Wine Rollout Conditional Use Permit Amendment (EG ), subject to the findings and additional conditions of approval contained in the resolution. Findings CEQA Findings: The project is exempt from CEQA review pursuant to 15061(b)(3) (General Rule Exemption) of Title 14 of the California Code of Regulations. Evidence: Pursuant to 15061(b)(3), an activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environmental, the activity is not subject to CEQA. This project consists of the addition of three conditions to an existing Conditional Use Permit that permits Walgreens to conduct beer and wine sale operations at their existing facility. Based on staff s review of the project, no special circumstances exist that would create a reasonable possibility that granting a Conditional Use Permit Amendment to add additional regulations for Walgreens proposed sale of beer and wine operations will have a significant effect on the environment. Conditional Use Permit Finding: The proposed use is consistent with the General Plan and all applicable provisions of Elk Grove Municipal Code, Title 23 Zoning. Evidence: The Elk Grove Municipal Code, Title 23 Zoning (Zoning Code), allows alcoholic beverage sales within the LC zone subject to the approval of a Conditional Use Permit. Staff has analyzed Walgreens proposed CUP Amendment and determined that it remains consistent with the development provisions established in the City s Zoning Code. Since the Zoning Code establishes land use provisions that enable the General Plan s policies to be achieved, this project can be found consistent with the goals, objectives and policies of the General Plan. Finding: The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of such use, or general welfare of the City. Evidence: The additional conditions proposed in the CUP Amendment will further ensure that Walgreens sale of beer and wine will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of Walgreens, or general welfare of the City. Apart from the CUP s existing conditions, the additional conditions ensure that beer and wine products will not be advertised on the building s exterior, additional security cameras will be added to monitor the site s activity, and loitering, littering, and on-site smoking will be prohibited. Granting this CUP Amendment will neither eliminate the Walgreens requirement to comply with all other regulations established by the Department of Alcoholic Beverage Control pertaining to the sale of alcohol products, nor reduce the Applicant s obligation to comply with all business regulations and operating standards established in the City s Municipal Code. 3

4 Elk Grove Planning Commission EG October 7, 2010 Page 4 of 4 Attachments A. CEQA Resolution B. Resolution and Conditions of Approval C. August 25 th City Council staff report without attachments D. June 9 th City Council staff report without attachments E. March 18 th Planning Commission staff report with signed Resolution No

5 RESOLUTION NO October 7, 2010 A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION FINDING THE WALGREENS BEER AND WINE ROLLOUT CONDITIONAL USE PERMIT AMENDMENT (EG ), LOCATED AT 9180 FRANKLIN BOULEVARD, EXEMPT FROM CEQA REVIEW WHEREAS, the Planning Commission of the City of Elk Grove adopted a resolution on March 18, 2010, approving a Conditional Use Permit for Walgreens (hereinafter referred to as the Applicant), located at 9180 Franklin Boulevard, to sell beer and wine at their existing store s location within a LC zone; and WHEREAS, the project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APN ; and WHEREAS, alcoholic beverage sales are permitted within the LC zoning district subject to the approval of a Conditional Use Permit; and WHEREAS, on August 25, 2010, the City Council of the City of Elk Grove directed the Applicant to amend their previously approved Conditional Use Permit to include additional conditions as outlined in the October 7, 2010 Planning Commission staff report; and WHEREAS, pursuant to 15061(b)(3) of Title 14 of the California Code of Regulations, an activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environmental, the activity is not subject to CEQA; and WHEREAS, this project consists of the addition of three conditions to an existing Conditional Use Permit that permits Walgreens to conduct beer and wine sale operations at their existing facility; and WHEREAS, based on staff s review of the project, no special circumstances exist that would create a reasonable possibility that granting a Conditional Use Permit Amendment to add additional regulations for Walgreens proposed sale of beer and wine operations will have a significant effect on the environment; and WHEREAS, the Planning Division considered the project request pursuant to the Elk Grove General Plan, Divisions I, II, III, IV, and V of the Elk Grove Municipal Code, Title 23 Zoning, and all other applicable State and local regulations; and WHEREAS, the Planning Commission held a duly noticed public hearing as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting. 5

6 NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Elk Grove finds the Walgreens Beer and Wine Rollout Conditional Use Permit Amendment project (EG ) exempt from the provisions of CEQA under 15061(b)(3)(General Rule Exemption) of Title 14 of the California Code of Regulations.. The foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 7 th day of October 2010, by the following vote: AYES: NOES ABSENT: ABSTAIN: ATTEST: Sandy Kyles, PLANNING SECRETARY Nancy Chaires, CHAIR of the PLANNING COMMISSION 6

7 RESOLUTION NO October 7, 2010 A RESOLUTION OF THE CITY OF ELK GROVE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR WALGREENS BEER AND WINE ROLLOUT (EG ), LOCATED AT 9180 FRANKLIN BOULEVARD, APN: WHEREAS, the Planning Commission of the City of Elk Grove adopted a resolution on March 18, 2010, approving a Conditional Use Permit for Walgreens (hereinafter referred to as the Applicant), located at 9180 Franklin Boulevard, to sell beer and wine at their existing store s location within a LC zone; and WHEREAS, the project is located on real property in the incorporated portions of the City of Elk Grove more particularly described as APN ; and WHEREAS, alcoholic beverage sales are permitted within the LC zoning district subject to the approval of a Conditional Use Permit; and WHEREAS, on August 25, 2010, the City Council of the City of Elk Grove directed the Applicant to amend the approved Conditional Use Permit to include the following conditions: 1. No exterior advertising or exterior display of any beer or wine products shall be permitted. 2. The Applicant shall install cameras to provide visible perimeter video surveillance with 2 exterior front store views, 1 exterior view of the rear building façade, and 2 inside views. 3. The Applicant shall incorporate additional trash receptacles, designate a smoking area for employees, and post signs regarding the City s smoking (EGMC ) and loitering (EGMC ) prohibitions. WHEREAS, the additional proposed conditions will further ensure that Walgreens sale of beer and wine will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of Walgreens, or general welfare of the City; and WHEREAS, the additional proposed conditions ensure that beer and wine products will not be advertised on the building s exterior, additional security cameras will be added to monitor the site s activity, and loitering, littering, and on-site smoking will be prohibited; and WHEREAS, granting this Conditional Use Permit Amendment shall not eliminate any requirement to comply with all other regulations established by the Department of Alcoholic Beverage Control pertaining to the sale of alcohol products, nor reduce the Walgreens Beer and Wine Rollout CUP Amendment (EG ) October 7, 2010 Page 1 of 4 7

8 Applicant s obligation to comply with all business regulations and operating standards established in the City s Municipal Code; and WHEREAS, the Planning Division considered the project request pursuant to the Elk Grove General Plan, Divisions I, II, III, IV, and V of the Elk Grove Municipal Code, Title 23 Zoning, and all other applicable State and local regulations; and WHEREAS, the Planning Commission held a duly noticed public hearing as required by law to consider all of the information presented by staff, information presented by the Applicant, and public testimony presented in writing and at the meeting. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Elk Grove approves the Conditional Use Permit Amendment subject to the Conditions of Approval (Exhibit A), incorporated herein by this reference. The foregoing Resolution of the City of Elk Grove was passed and adopted by the Planning Commission on the 7 th day of October 2010, by the following vote: AYES: NOES ABSENT: ABSTAIN: ATTEST: Sandy Kyles, PLANNING SECRETARY Nancy Chaires, CHAIR of the PLANNING COMMISSION 8 Walgreens Beer and Wine Rollout CUP Amendment (EG ) October 7, 2010 Page 2 of 4

9 Verification (date and Signature) Exhibit A: Conditions of Approval Conditions of Approval Timing/ Implementation Enforcement/ Monitoring On-Going 1. The Conditional Use Permit Amendment approved by this action is only valid for the Applicant to sell beer and wine (Type 20 Off-Sale Beer and Wine alcohol license) within an existing building, located at 9180 Franklin Boulevard, in the LC zone. Deviations from the approved plans shall be reviewed by the City for substantial compliance and may require amendment by the appropriate hearing body. 2. This action does not relieve the Applicant of the obligation to comply with all ordinances, statutes, regulations, and procedures. 3. The Applicant shall hold harmless the City, its Council Members, its Planning Commission, officers, agents, employees, and representatives from liability for any award, damages, costs and fees incurred by the City and/or awarded to any plaintiff in an action challenging the validity of this permit or any environmental or other documentation related to approval of this permit. The Applicant further agrees to provide a defense for the City in any such action. 4. The Applicant shall comply with the provisions of the Type-20 (Off-Sale Beer and Wine) alcohol license, established by the California Department of Alcoholic Beverage Control. 5. There shall be no single servings of beer or any other variation that would be considered conducive to alcohol abuse. 6. The Applicant shall comply with the following operational controls and employee training policies: 1. Employees must undergo extensive training prior to beer and wine availability within the On-Going Planning On-Going Planning On-Going Planning On-Going Planning On-Going Planning On-Going Planning 9 Walgreens Beer and Wine Rollout CUP Amendment (EG ) October 7, 2010 Page 3 of 4

10 Verification (date and Signature) 10 Exhibit A: Conditions of Approval Conditions of Approval Timing/ Implementation Enforcement/ Monitoring store. 2. Information shall be posted at or near where employees report for work as a reminder of the store s alcoholic beverage sale policies. 3. Employees must request identification for any customer attempting to purchase alcohol who appears to be under the age of 40. Register prompts ensure compliance before proceeding with the transaction. 4. Underage employees shall not handle the selling or stocking of alcohol products. 7. The Applicant shall obtain approval of a Letter of Public Convenience and Necessity from the City of Elk Grove City Council, prior to exercising the CUP. 8. No exterior advertising or exterior display of any beer or wine products shall be permitted. 9. The Applicant shall install cameras to provide visible perimeter video surveillance with 2 exterior front store views, 1 exterior view of the rear building façade, and 2 inside views. 10. The Applicant shall incorporate additional trash receptacles, designate a smoking area for employees, and post signs regarding the City s smoking (EGMC ) and loitering (EGMC ) prohibitions. On-Going Planning On-Going Planning On-Going Planning On-Going Planning Walgreens Beer and Wine Rollout CUP Amendment (EG ) October 7, 2010 Page 4 of 4

11 CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA ITEM NO. 9.1 AGENDA TITLE: Continued public hearing to consider adopting a Resolution of the City Council of the City of Elk Grove, approving a Letter of Public Convenience and Necessity (PCN Letter) for a Type 20 (off-sale beer and wine) alcohol license for Walgreens, located at 9180 Franklin Boulevard MEETING DATE: August 25, 2010 PREPARED BY: DEPARTMENT HEAD: Mike Costa, Associate Planner Taro Echiburú, Interim Planning Director BACKGROUND INFORMATION/SUMMARY ANALYSIS: On June 9, 2010, the subject Letter of Public Convenience and Necessity (PCN Letter) was presented to the Elk Grove City Council (Council) with staff s recommendation for approval. The Council voted to continue the item to the July 28 th Council meeting, in order to give Walgreens Co. (Applicant) time to work with a neighboring tenant, Kovar s Satori Academy, to resolve their concerns with the proposed alcohol sales. At the Applicant s request, on July 28, 2010, the Council further continued the item to allow the Applicant additional time to coordinate with the property owners, tenants, and surrounding residents to address the project s on-going concerns. Since July 28 th, the Applicant has conducted several meetings with the employees and owner of Kovar s Satori Academy, the landlord for the Kovar s site, a local citizen / neighborhood group, and the Walgreens district manager to address concerns regarding the project site and the store s proposed sale of beer and wine. Following their last meeting on August 11 th, the Applicant presented staff with a list of eight items that were mutually agreeable to those present in the meetings as addressing the concerns with the proposed alcohol sales. Of the eight items, three were 111

12 Elk Grove City Council August 25, 2010 Page 2 of 3 identified as on-going measures to be handled by the Applicant and the commercial center s tenants, two procedures are addressed by existing City policies contained in the Elk Grove Municipal Code, and the remaining three items are policies that, at the Council s discretion, can be included as additional conditions of approval in the Applicant s Conditional Use Permit (CUP). These additional policies are listed as follows: 1. Applicant will commit to no exterior advertising or exterior display of any beer or wine products. 2. Applicant will install cameras to provide visible perimeter video surveillance with 2 exterior front store views, 1 exterior view of the rear building façade, and 2 inside views. 3. Applicant will incorporate additional trash receptacles, designate a smoking area for employees, and post signs regarding the City s smoking (EGMC ) and loitering (EGMC ) prohibitions. While the Applicant has agreed to adhere to the above policies as part of their agreement with Kovar s and the citizen / neighborhood group, the City has no ability to enforce these policies as part of the PCN Letter s approval. RECOMMENDATION: Based on the information presented above, staff recommends the Council review and consider the options listed below. The Applicant has expressed favor for either Option #1 or Option #3. 1. Should the Council not wish to include the three abovementioned policies as additional conditions of approval, the Council may adopt a resolution finding the project exempt from CEQA review and approving a Letter of Public Convenience and Necessity for a Type 20 alcohol license for the Walgreens drug store, located at 9180 Franklin Boulevard; or 2. The Council may continue the item to a date uncertain and direct the Applicant back to the Planning Commission for a CUP Amendment to include the policies outlined in this staff report as additional conditions 2 12

13 Elk Grove City Council August 25, 2010 Page 3 of 3 of approval. This would allow the policies to be enforced by the City as part of the Applicant s original CUP for alcohol sales in the underlying LC zoning district; or 3. The Council may approve the PCN Letter contingent upon the approval of a CUP Amendment initiated by Walgreens to incorporate the aforementioned policies into the project s conditions of approval. Should the Council approve this option, the following would apply: The PCN Letter shall not become effective until the end of the CUP Amendment s appeal period. This action would not require the Applicant to come back to the City Council for further approvals. The Applicant would have to agree to indemnify and defend the City in any lawsuit against this action. Should the Planning Commission decline to amend the CUP, then the PCN Letter would not be issued. 4. The final option available to the City Council would be to deny the PCN letter if, in the Council s opinion, the sale of alcohol at this location would not be appropriate even if the proposed conditions were imposed as part of a CUP Amendment. ATTACHMENTS 1. Resolution 2. June 9 th City Council Staff Report with Attachments 133

14 CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA ITEM NO. 9.1 AGENDA TITLE: A public hearing to consider adopting a Resolution of the City Council of the City of Elk Grove, approving a Letter of Public Convenience and Necessity for a Type 20 (off-sale beer and wine) alcohol license for Walgreens, located at 9180 Franklin Boulevard MEETING DATE: June 9, 2010 PREPARED BY: DEPARTMENT HEAD: Mike Costa, Associate Planner Taro Echiburú, Interim Planning Director PROJECT INFORMATION Location: 9180 Franklin Boulevard Planner: Mike Costa Applicant: Walgreens Co., Attn.: Dan Perlin 104 Wilmot Road, 2 nd Floor, MS 1420 Deerfield, IL Property Owner: Vinces Partners Elk Grove 2880 Jefferson Boulevard West Sacramento, CA RECOMMENDED ACTION: Staff recommends the City Council of the City of Elk Grove review the information in this report and consider adopting a resolution approving a Letter of Public Convenience and Necessity for a Type 20 (off-sale beer and wine) alcohol license for the Walgreens drug store, located at 9180 Franklin Boulevard. 14 1

15 Elk Grove City Council June 9, 2010 Page 2 of 4 BACKGROUND INFORMATION: The location, which is the subject of the requested Letter of Public Convenience and Necessity, is the Walgreens drug store, located at the northwest corner of Laguna and Franklin Boulevards in the Laguna Village Plaza commercial shopping center. This store was built and opened in On March 18, 2010, the City of Elk Grove Planning Commission adopted a Resolution approving a Conditional Use Permit (CUP) for Walgreens to sell alcoholic beverages (as required by the site s LC (Limited Commercial) zoning district). Among other conditions, the CUP requires Walgreens to adhere to specific operational controls and employee training methods pertaining to alcohol sales (Attachment 2). The Conditional Use Permit issued by the City does not of itself allow the sale of alcoholic beverages. A Type 20 liquor license (sale of beer and wine not to be consumed on the premises) from the State of California is required and has been requested by Walgreens. The California Department of Alcoholic Beverage Control (ABC), in turn, has notified the City that a Letter of Public Convenience and Necessity (PCN Letter) is required prior to the issuance of the requested liquour license. ABC requires an applicant to obtain a PCN Letter from the affected jurisdiction when the establishment is located within a high crime census tract or when the census tract is deemed overconcentrated by ABC s standards. Per ABC, Walgreens is located within a high crime census tract. However, the number of liquor licenses in the census tract does not exceed ABC s standards, and the tract has not been deemed overconcentrated. PNC LETTER JUSTIFICATION As part of the request for a PCN Letter, an applicant must convey how the alcohol license will serve the public s convenience and necessity. The Applicant notes in their application that alcoholic beverage products were sold in Walgreens stores until the 1990s, when alcohol was removed from some of their stores by the company. The company now proposes to reintroduce these sales in many of its stores, given the technological ability to better manage the sales of these types of products. Providing alcoholic beverage sales in this store, therefore, would be consistent with the company s prior and ongoing practice in California and elsewhere. Walgreens also notes that reintroducing beer and wine sales is directly responding to customer demand and would allow customers to buy a 2 15

16 Elk Grove City Council June 9, 2010 Page 3 of 4 range of products at one location rather than having to travel, park, and pay at a variety of different stores (Attachment 3). As noted earlier, the idea of selling alcoholic beverages at this location has been approved by the City as part of the store s Conditional Use Permit; issuance of the PCN Letter would be consistent with the City s prior approval of the CUP. ANALYSIS Chapter 4.54 of the Elk Grove Municipal Code establishes a protocol for the issuance and review of Letters of Public Convenience and Necessity. A variety of City departments and other agencies (including the Elk Grove Police Department, the Elk Grove Community Enhancement division, and the Sacramento County Environmental Health Department) are required to review PCN Letter applications in order to determine current and past problems at the Applicant s proposed store location. Issues examined by these departments and agencies include: Criminal activity, Building code violations, Health violations, and Complaints to the City and/or ABC. None of the reporting agencies noted any issues with this Walgreens store. The project site is located in census tract 96.13, which ABC considers to have high crime. ABC makes this determination when the number of crimes committed in a census district exceeds 120 percent of the average number of crimes committed citywide. The City of Elk Grove Police Department has reviewed the project and provided the reports of calls for service for this location (Attachment 4). Provided that the conditions in the Conditional Use Permit are enforced, the Police Department supports the application and has not identified any concerns with the business or the issuance of an alcoholic beverage license for the subject establishment. ENVIRONMENTAL ANALYSIS California Environmental Quality Act (CEQA) Title 14 of the California Code of Regulations section 15061(b)(3) states that an activity is covered by the general rule that CEQA only applies to projects, which have the potential 16 3

17 Elk Grove City Council June 9, 2010 Page 4 of 4 for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. Granting this Letter of Public Convenience and Necessity will not bring about any physical change to the environment and therefore will not have any potential for causing a significant effect on the environment. FISCAL IMPACT No identifiable direct material or negative financial impact is anticipated. ATTACHMENTS 1. Resolution 2. March 18, 2010 Minutes and Planning Commission Resolution 3. Applicant s letter 4. Police comments with reports of calls for service 4 17

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28 8401 Laguna Palms Way Elk Grove, California Tel: Fax: Dated: September 24, 2010 City of Elk Grove Planning Commission Notice of Public Hearing NOTICE is hereby given that on October 7, 2010, at 6:30pm, or as soon thereafter as the matter may be heard, the Planning Commission of the City of Elk Grove will hold a Public Hearing at the Elk Grove City Hall, located at 8400 Laguna Palms Way, Elk Grove, to consider the following application. WALGREENS BEER AND WINE ROLLOUT CONDITIONAL USE PERMIT AMENDMENT (EG ): REQUEST: The project consists of a Conditional Use Permit Amendment to add three additional conditions to the Conditional Use Permit approved by the Planning Commission on March 18, This amendment to the Conditional Use Permit was initiated by the City Council on August 25, PROPERTY OWNER: Vinces Partners Elk Grove 2880 Jefferson Boulevard West Sacramento, CA AGENT: Walgreens Co. Attn.: Dan Perlin 104 Wilmot Road, 2 nd Deerfield, IL Floor, MS 1420 AGENT: BBK Attorneys at Law Attn.: Seth Merewitz 400 Capitol Mall, Ste Sacramento, CA LOCATION/APN: 9180 Franklin Boulevard; APN ZONING: LC (Limited Commercial) ENVIRONMENTAL: The project is exempt from the provisions of CEQA under 15061(b)(3) (General Rule Exemption) of Title 14 of the California Code of Regulations. PROJECT PLANNER: Mike Costa (916) NOTICE REGARDING APPEALS Pursuant to of the Zoning Code, appeals of a final action by the Planning Director must be filed with the City Clerk no later than ten (10) calendar days after the day on which the final action was taken, along with the appropriate fee. NOTICE REGARDING CHALLENGES TO DECISIONS Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, this public hearing. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (916) Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. For more information: Planning Commission Secretary (916) or skyles@elkgrovecity.org 28