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PC16-257Resolution PC 16-257 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING A FINDING OF PUBLIC CONVENIENCE AND NECESSITY NO. 2016-023 FOR THE SALE OF BEER AND WINE FOR OFF -PREMISES CONSUMPTION AT THE "ALDI STORE" Whereas, January 28, 2016, the applicant, Aldi Inc, 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 "Aldi Store" (currently under construction) at 30163 Haun Road in the City of Menifee (APN 360-080-063); and, Whereas, on March 23, 2016, 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. 2016-023, 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, NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows: Section 1. With regard to Public Necessity and Convenience Application No. 2016-023, the Planning Commission hereby makes the following findings: 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 license would be located in a census tract of undue concentration of retail licenses or if the granting of the retail license would cause a census tract to have an undue concentration. 2. The California ABC Board has determined that for this Census Tract No. 0427.42 three (3) off -site (Type 20 and 21) licenses are allowed and more than 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. 3. 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. 4. The radius map also indicated that the project site is located within 500 feet of a proposed park in the Town Center Marketplace; however, the park will be located to the west of the site, across the Paloma Wash and the store is not situated in a manner that faces the park site. There is currently no direct access from the grocery store to the park site and therefore, the project is not anticipated to be situated in a manner that would be a potential hazard to a the proposed park. 5. 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. Resolution No PC 16-257 Public Convenience and Necessity No. 2016-023 March 23, 2016 6. The Aldi store is requesting a Type 20 license to allow for the sale of beer and wine for off -site consumption only. 7. The Aldi 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. 8. 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. 9. The Aldi store is located in the central portion of an approved commercial retail center (Plot Plan No. 2014-009). There are existing residential uses to the northwest of the shopping center; however, the Aldi grocery store is buffered from these residential uses by Newport Road, commercial buildings that are also currently under construction and large vacant lots along Newport Road. Residential uses are planned to the west of the site; however, the Specific Plan anticipated mixed use development, including residential uses in proximity to uses that would involve the sale or service of alcohol such as restaurants, bars and grocery stores. The planned residential uses to the west of the site are buffered from the grocery store by the Paloma Wash. There are no negative impacts anticipated to surrounding existing and planned residential. 10. The site has been designed to consider the residential uses in the area. The project will not interfere with the quiet enjoyment of the neighboring residential properties by their residents. 11. No beer, wine, or other alcoholic beverage advertisements shall be located in such a manner so as to be viewed from outside of the Aldi store. 12. The Aldi 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. Section 2. The Planning Commission of the City of Menifee approves Public Necessity and Convenience Application No. 2016-023. Resolution No PC 16-257 Public Convenience and Necessity No. 2016-023 March 23, 2016 PASSED, APPROVED AND ADOPTED THIS 2311 DAY OF March 2016. Robert P. KarwiriXhairman ATTEST: �466fer Allen, Planning Commission Secretary Approved as to form: Ajit Thind, Assistant City Attorney Scott A. Mann Mayor Greg August Mayor Pro Tern John V. Denver Councilmember Matthew Liesemeyer Councilmember Lesa Sobek 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. PC16-257 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 23d day of March, 2016 by the following vote: Ayes: Doty, Karwin, Madrid, Phillips, Thomas Noes: None Absent: None Abstain: None J�rfnifer Allen, Deputy City Clerk