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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: y 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