2018-250 - MCA Amendment No. 2018-193 - Sale of Alcohol Ordinance No. 2018-250
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, FINDING THAT MUNICIPAL CODE AMENDMENT NO. 2018-193
IS EXEMPT FROM CEQA AND AMENDING THE MENIFEE MUNICIPAL CODE
ORDINANCE 348, SECTION 18.48 TO MODIFY THE SEPARATION
REQUIREMENTS FOR CERTAIN USES INVOLVING THE SALE OF ALCOHOL
FROM PARKS AND RELIGIOUS OR EDUCATIONAL INSTITUTIONS
Whereas, the City incorporated on October 1, 2008 and has adopted the Riverside County
ordinances by reference, specifically including Land Use Ordinance No. 348, while the City
develops its own land use and zoning ordinances; and,
Whereas, Section 18.48 of Ordinance No. 348 provides for regulation of uses which
involve the off-site sale of alcoholic beverages, i.e. those which are sold to be taken off-premises
for consumption; and,
Whereas, the City adopted Ordinance 2009-050 on July 21, 2009 which modified Section
18.48 to establish a 500 foot separation between certain uses involving the sale of alcohol and
schools, parks and religious institutions; and,
Whereas, the separation requirements between the uses requires modification and
clarification; and,
Whereas, the City has surveyed the ordinances of surrounding cities and have found that
other cities in the area that include a separation requirement, have a requirement of 600 feet
instead of 500 feet, provide clearer language on how that distance is measured, and provide an
exception for properties with commercial or industrial zoning; and,
Whereas, on August 12, 2018, Municipal Code Amendment ("MCA") No. 2018-193 was
publicly noticed within The Press Enterprise, a newspaper of general circulation, for a public
hearing before the City of Menifee Planning Commission scheduled for August 22, 2018; and
Whereas, on August 22, 2018, the Planning Commission held a duly noticed public
hearing to consider the proposed MCA No. 2018-193, opened the hearing to receive public
testimony, as well as reviewed all materials in the staff report and accompanying documents, to
recommend adoption of an amendment to Chapter 18.48 of the City of Menifee Municipal Code
establishing a 600 foot separation to certain uses involving the sale of alcohol and parks and
religious or educational institutions and providing an exception to commercially zoned property,
and considered the requirements of the California Environmental Quality Act (CEQA) (Public
Resources Code Section 21000 et. seq.) with regard to the possible impacts that the Ordinance
may have upon the environment; and
WHEREAS, at the August 22, 2018 Planning Commission public hearing, based upon all
materials and testimony considered, the Planning Commission adopted by a vote of 3-0 (with two
Commissioners absent) a resolution recommending that the City Council find the Ordinance
exempt from environmental review under the California Environmental Quality Act and adopt the
Ordinance; and
Municipal Code Amendment No. 2018-193
Page 2 of 4
WHEREAS, on September 19, 2018, the City Council held a duly noticed public hearing
concerning the Ordinance, introduced and conducted a first reading of the Ordinance, and
considered testimony and evidence at the Public Hearing held with respect thereto; and
WHEREAS, the City Council has considered the requirements of CEQA; and
NOW, THEREFORE, the City of Menifee the City Council of the City of Menifee does
ordains as follows:
Section 1. The City Council finds that proposed MCA No. 2018-193 would not fall within
the definition of a "project" under CEQA because it, as a narrative change to the Municipal Code,
does not have the potential for resulting in a direct or indirect physical change in the environment
(CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not result in direct
or indirect physical changes in the environment (CEQA Guidelines 15378(b)(5)). In addition, the
City Council finds that proposed MCA No. 2018-193 is exempt from CEQA because there is no
possibility that the proposed ordinance, as a textural change to the Municipal Code, may have a
significant impact on the physical environment (CEQA Guidelines 15061) and because, per
Section 15061(b)(3), it can be seen with certainty to have no possibility of a significant effect upon
the environment.
Section 2. The City Council finds that proposed MCA No. 2018-193 is consistent with
the City's General Plan, including the following Goals and Policies of the City's General Plan:
LAND USE ELEMENT
Goal LU-1: Land uses and building types that result in a community where residents at all
stages of life, employers, workers, and visitors have a diversity of options of where they
can live, work, shop, and recreate within Menifee.
Policy LU-1.9: Allow for flexible development standards provided that the potential
benefits and merit of projects can be balanced with potential impacts.
Goal LU-2: Thriving Economic Development Corridors that accommodate a mix of
nonresidential and residential uses that generate activity and economic vitality in the City.
Policy LU-2.1: Promote infill development that complements existing neighborhoods and
surrounding areas. Infill development and future growth in Menifee is strongly encouraged
to locate within EDC areas to preserve the rural character of rural, estate, and small estate
residential uses.
Goal CD-3: Projects, developments, and public spaces that visually enhance the
character of the community and are appropriately buffered from dissimilar land uses so
that differences in type and intensity do not conflict.
Goal ED-3: A mix of land uses that generates a fiscal balance to support and enhance
the community's quality of life.
Section 3. The City Council finds that proposed MCA No. 2018-193 is consistent with the
requirements of the City of Menifee Municipal Code regarding the process of amending the
Municipal Code.
Municipal Code Amendment No. 2018-193
Page 3 of 4
Section 4. The City Council finds that proposed MCA No. 2018-193 shall preserve the
health, safety and general welfare of the residents and visitors to the City of Menifee.
Section 5. The City Council amends Ordinance 348, Section 18.48 (d) 1. To read as
follows (deletions are shown in strike-through, and additions shown in double-underlining):
(d) RESTRICTIONS ON LIQUOR STORES, MINI-MARTS AND SERVICE
STATIONS SELLING BEER AND WINE
Notwithstanding anything in this Section to the contrary, the following restrictions shall
apply to liquor stores, mini-marts selling alcohol and service stations selling beer and
wine and to similar uses selling alcohol for off-site consumption which are not grocery
stores or drug stores:
(1) The-Rearest boundaFy of any s eh use hall not be Inn ted within 500 fee
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uses shall not be located within six hundred feet as measured between the main
entrance of the alcohol selling business and the closest public entrance to the religious
r educational institution (K-121. day care center or public park. This requirement shall
of apply when the alcohol-selling business and the religious or educational institution
are both located within commercial or industrial zones
(2) There shall be only one such off-site use within any shopping center.
Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance, and each and every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional, without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
Section 7. Effective Date. This Ordinance shall take effect and be in full force and
operation thirty (30) days after its adoption.
Section 8. Notice of Adoption. The City Clerk shall certify to the passage and adoption of
this Ordinance, and shall cause to be published within fifteen (15) days after its passage in a
newspaper of general circulation and circulated within the City in accordance with Government
Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law
using the alternative summary and posting procedure authorized under Government Code
Section 36933 (c).
Municipal Code Amendment No. 2018-193
Page 4 of 4
This Ordinance was introduced and read on the 19th day of September 2018, and APPROVED
AND ADOPTED this 3rd day of October, 2018.
Bill Zimmerman, NCayor
Attest:
S 716i 4A. Man anng, Cit Jerk
Approved as to form:
r
Jeffy fMelching
City ttorney
KMENIFEE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Ordinance No. 2018-250 was introduced by title on the 19th of September, 2018 and duly
adopted by the City Council of the City of Menifee at a meeting thereof held on the 3rd of
October, 2018 by the following vote:
Ayes: August, Denver, Liesemeyer, Sobek
Noes: None
Absent: Zimmerman
HDstain: None
S� h A. Manwaring, City Cier