Fight over alcohol stops 7-Eleven

By: LAURA MITCHELL - Staff Writer | Saturday, December 20, 2003 9:12 PM PST ∞

MURRIETA ---- Officials with 7-Eleven say they will probably withdraw their proposal to build a convenience store at Nutmeg Street and Jackson Avenue in the face of stiff neighborhood opposition to alcohol sales.

Local residents, including Murrieta Valley Unified School District board member Kris Thomasian, and the city protested the convenience store chain's application to sell alcohol at that location, which is across the street from a residential neighborhood and Glen Arbor Park.

City code prohibits alcohol sales within 500 feet of residential neighborhoods and within 1,000 feet of a public park. The city allows exceptions to its code after a public hearing, but no such hearing was held on this application.

State Department of Alcoholic Beverage Control Licensing Supervisor Carmen Peterson confirmed three separate protests were filed with the Riverside District office. Other protests may have been filed with the department's Sacramento office, Peterson said.

Thomasian said the city's code sets high standards.

"My concern here is the 7-Eleven is right across the street from a park," Thomasian said, adding there is a possibility of people buying alcohol and crossing the street to drink it in the park. "It's not the environment we want for our kids."

Officials with 7-Eleven say the location might not be the environment they want either.

"We'll probably walk away," said Mark Haines, senior 7-Eleven real estate representative.

"We're not going to ask for a variance with that kind of opposition," Haines said, adding that at least 300 residents signed letters of protest on the application to sell alcohol. ABC officials said they could not reveal the names on the petitions.

City officials say they found out about the application to sell alcohol when the notice was posted at the intersection in October.

"It was news to us too," city Planning Manager Jim Mackenzie said.

The original city permit application by 7-Eleven did not include a request to sell alcohol, Mackenzie said. Upon learning of the request for a liquor license, the city notified 7-Eleven that its permit application was incomplete, he said.

The city filed one of the protests with ABC, Mackenzie said.

Peterson said cities often file protests until an application is withdrawn or has met all the city's conditions. The city has final say when it comes to zoning how the land can be used.

"If the city doesn't approve zoning, we won't issue a license," she said.

Gary and Kris Thomasian also filed a protest with ABC last month on the application. Gary Thomasian is a member of the city's Steering Committee and the General Plan Advisory Committee.

Early in the city's history, the citizens decided they would not allow alcohol sales near schools and parks, Gary Thomasian said.

"We're just trying to hold the line on that issue," Thomasian said.

The Thomasians and the Murrieta Valley Council PTA successfully challenged an application to sell alcohol four years ago by the Rite-Aid next to the California Oaks Sports Park.

The city has been consistent in not allowing exceptions to sell alcohol, based on distance to schools, parks and residential neighborhoods, Mackenzie said.

Haines, the 7-Eleven representative, said he was under the impression the city supported 7-Eleven's plans.

He said he met with assistant City Manager Lori Moss and Mackenzie about a year ago before the permit application was filed and they indicated the city liked the project.

"We had the meeting before filing the application, so we wouldn't have to go through this exercise," he said.

Mackenzie said the city supported the site plans for the project but said he doesn't remember if alcohol was ever mentioned during the meeting.

There's an expectation that a developer will review the city's development code before applying for a project, he said.

Contact staff writer Laura Mitchell at (909) 676-4315, Ext. 2621, or lmitchell@californian.com.