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