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
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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
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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
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