PC13-157Resolution PC 13-157
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE RECOMMENDING CITY COUNCIL ADOPTION OF A
FINDING OF PUBLIC CONVENIENCE AND NECESSITY NO. 2013-217
FOR THE SALE OF BEER AND WINE FOR OFF -PREMISE
CONSUMPTION AT THE "99 CENTS ONLY STORE"
Whereas, October 17, 2013, the applicant, 99 Cents Only Store, filed a formal
application with the City of Menifee for a finding of Public Convenience and Necessity for
the sale of beer and wine for off -premises consumption at a permitted "99 Cents Only
Store" (within a former "Albertson's" grocery store) at 26100 Newport Road in the City of
Menifee (APN 338-160-015); and,
Whereas, on December 10, 2013, the Planning Commission held a duly noticed
public hearing on the Project, considered all public testimony as well as all materials in
the staff report and accompanying documents for Public Convenience and Necessity No.
2013-217, 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 boundaries, and to persons requesting public notice; and,
Whereas, at the December 10, 2013 Planning Commission public hearing, the
Commission found that:
1. Public Necessity and Convenience Findings
a. 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 of the retail liquor license would cause a census tract to
have an undue concentration.
b. The California ABC Board has determined that for this Census Tract No.
0427.08 three (3) off -site (Type 20 and 21) licenses are allowed (three [3]
licenses are currently active). Therefore, the granting of this liquor
license would cause this census tract to be over -concentrated by ABC's
determination.
c. A radius map with a 1,000-foot buffer surrounding the subject site was
prepared by the City of Menifee which concluded that no public or private
elementary school is located within 1,000 feet of the subject site.
d. The radius map also indicated that no public or private park or playground
is located within 1,000 feet of the subject site.
e. The radius map indicated that no church (or similar facility for the sole
purpose of the exercise of religion) is located within 1,000 feet of the
subject site.
The 99 Cents Only Store is requesting a Type 20 license to allow for the
sale of beer and wine for off -site consumption only.
Resolution No PC 13-157
Public Convenience and Necessity No. 2013-217
December 10, 2013
The 99 Cents Only Store is primarily engaged in the sale of groceries and
general merchandise and shall be selling beer and wine in conjunction
with food and other general merchandise.
h. The proposed use shall not be situated in such a manner that vehicle
traffic from the facility may reasonably be believed to be a hazard to a
school, church, park or playground.
The 99 Cents Only Store is located in the central portion of an approved
commercial retail center (CUP03182R1) and is buffered from adjacent
residential uses by other buildings in the retail center, including a Fitness
19 (fitness center) to the east, parking, walls, and landscaping.
j. The project is located approximately 335 feet from the rear property line
of the nearest existing residential lot. The site has been designed to
consider the residential uses to the north and east. The front entrance is
oriented toward Newport Road. The project will not interfere with the quiet
enjoyment of the neighboring residential properties by their residents.
k. No beer, wine, or other alcoholic beverage advertisements shall be
located in such a manner so as to be viewed from outside of the 99 Cents
Only Store.
The 99 Cents Only Store primarily is engaged in the sale of general
merchandise and groceries and the sale of alcohol is ancillary. Residents
picking up general merchandise and groceries would be able to purchase
alcohol at the same time as purchasing these other items. Therefore, the
project satisfies the public necessity and provides the public convenience
for the residents of the surrounding community.
2. Compliance with CEQA. Processing and approval of the permit application
are in compliance with the requirements of the California Environmental
Quality Act.
The proposed project has been determined to be Categorically Exempt
(Class I — Section 15301, "Existing Facilities') under the California
Environmental Quality Act (CEQA) and CEQA Guidelines. The proposed
project is to add the sale of beer and wine for off -premises consumption at a
99 Cents Only Store which is currently under construction. The existing store
is permitted. The proposed project will not require an expansion of the
existing store and will involve negligible expansion of the use beyond that
existing at the time of the City's determination.
Now, therefore, the Planning Commission of the City of Menifee, California resolves
and orders as follows:
That the Planning Commission recommends that the City Council adopt a
finding of public convenience and necessity for Public Convenience and
Necessity No. 2013-217)as recommended for approval by the Planning
Commission on December 10, 2013.
Resolution No PC 13-157
Public Convenience and Necessity No. 2013-217
December 10, 2013
PASSED, APPROVED AND ADOPTED TFAIS 10`h DAY OF DECEMBER 2013.
Matt Liesemeyer,/Tlanlving Commission Chair
ATTEST:
nifef'AITen`Planning Commission Secretary
Approved as to form:
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j:fwa+) y fftSSis-fin. Ct4tj A4n mcl
Scott A. Mann
Mayor
Wallace W. Edgerton
Deputy Mayor
John V. Denver
Councilmember
Thomas Fuhrman
Councilmember
Greg August
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC13-157 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
101h day of December, 2013 by the following vote:
Ayes:
Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes:
None
Absent:
None
Abstain:
None
Jennifer Allen, Planning Commission Secretary