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10-188 Resolution No. 10-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE RECOMMENDING APPROVAL OF 2010-065 CUP CVS TO ALLOW THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE ALCOHOLIC BEVERAGE LICENSE Whereas, On April 06, 2010, the applicant, Dan Schultz for CVS, filed a formal application with the City of Menifee for 2010-065 CUP CVS to allow the sale of beer, wine and distilled spirits for off-site consumption; and Whereas, on November 9, 2010, the Planning Commission held a duly noticed public hearing on 2010-065 CUP CVS, considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the project site boundaries; and Whereas, on November 9, 2010, based on the materials at the public hearing, the City of Menifee Planning Commission recommended approval of 2010-064 PP CVS, 2010-065 CUP and CVS 2010-066 SPA CVS; Whereas, on December 7, 2010, the City of Menifee City Council considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in a newspaper of general circulation, an agenda posting, and notice to property owners within 1,000 feet of the project site boundaries; and Whereas, on December 7, 2010, the City of Menifee City Council made the following findings for 2010-065 CUP CVS: 1. An Environmental Assessment was prepared for the proposed project. The Environmental Assessment determined that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration was prepared and recommended to the City Council for approval;. 2. The related City of Menifee-approved Plot Plan 2010-064 and Specific Plan Amendment 2010-066 also were heard and recommended for approval on November 9, 2010; and 3. The conditional use permit is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs; and 4. The conditional use permit is consistent with Ordinance No. 348, Section 18.28, or such successor ordinance as may be adopted, which provides for conditional use procedures, enforcement, and revocations; and 5. The conditional use permit is compatible with or provides adequate buffering of adjoining uses, in that the properties to the north, east and west are commercially zoned and the area to the south is single-family homes that could benefit from a drug store; and 4836-7317-7863.1 6. The establishment, maintenance or conducting of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the public welfare or injurious to property or improvements in the neighborhood; and 7. The establishment, maintenance or conducting of the use for which the conditional use permit is sought will not, under the particular case, be objectionable or incompatible with the character of the city and its environs due to noise, dust, odors or other undesirable characteristics may be prohibited; and 8. The establishment, maintenance or conducting of the use for which the conditional use permit is sought will be essential or desirable to the public convenience or welfare, and will not impair the integrity and character of the zoned district or be detrimental to the public health, safety, morals or welfare; and 9. The California Alcoholic Beverage Control (ABC) Act requires the local jurisdiction to make a finding of Public Convenience or Necessity prior to the ABC granting the license, when said retail liquor license would be located in a census tract of undue concentration of retail liquor licenses or if the granting if the retail liquor license would cause a census tract to have an undue concentration; and 10. The conditional use permit includes a retail license (a Type 21 license for the sale of beer, wine and distilled spirits for offsite consumption) at an existing drug store; and 11. The project site is located in U.S. Census tract 427.12; and 12. According to the ABC, the census tract has an undue concentration of retail liquor licenses in that an allotment of one retail license per 1,250 persons (ABC Act, California Business and Professions Code section 23958.4) is allowed for an overall allotment of 5 licenses, but 8 such retail licenses have been issued; and 13. The Type 21 license at the CVS drug store is a Public Convenience or Necessity, in that the sale provides necessity and convenience for the residents of the surrounding communities and the census tract in particular, in that: (a) The sale of beer, wine and distilled spirits for off-site consumption (a Type 21 ABC retail license) at the drug store will be a necessity and convenience for the inhabitants of the census tract in that the nearest Type 20 license in the census tract is .5 miles away and the closest alcoholic beverage sale locations are Type 20 retail licenses (for beer and wine only) at two gas stations; and (b) The sale of beer, wine and distilled spirits for off-site consumption in association with the drug store will not conflict with the Zoning Ordinance, in that the sale is a permitted use with approval of a Conditional Use Permit; and (c) The sale of beer, wine and distilled spirits for off-site consumption in association with a drug store is consistent with the objectives of section 18.48 of the Zoning Ordinance, in that the intent of section 18.48 is to provide minimum development standards for the appropriate development of alcoholic beverage sales and to protect the health, safety 4836-7317-7863.1 and welfare of residents by furthering awareness of laws relative to drinking and appropriate conditions of approval have been included in the conditions of approval, as set forth in Exhibit A to this resolution; and (d) The sale of beer and wine for off-site consumption in association with a drug store will not be situated in such a manner that will cause undue vehicle traffic to any school, church, public park or playground, in that there are no schools, churches, public parks or playgrounds within 500 feet of the boundaries of the store; and (e) The drug store is located adjacent to existing and inhabited residences; and (f) The drug store is not a liquor store and is primarily engaged in the sale of other market items and sundries and has been sufficiently conditioned to keep it that way. NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. The Planning Commission recommends Approval of 2010-065 CUP CVS, subject to the Conditions of Approval in Exhibit "A" to this resolution. PASSED, APPROVED AND ADOPTED this 7th day of December, 2010. Wallace W. Edgerton, Mayor Attest: Approved as to form: Kathy Bennett, City Clerk Karen Feld, City Attorney 4836-7317-7863.1