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PC16-272Resolution PC 16-272 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING A FINDING OF PUBLIC CONVENIENCE AND NECESSITY NO. 2016-146 FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR OFF -PREMISES CONSUMPTION FOR STATER BROS. WITHIN THE SHOPPES AT THE LAKES CENTER LOCATED AT THE SOUTHEAST CORNER OF NEWPORT ROAD AND MENIFEE ROAD. Whereas, on June 30, 2016, the applicant, Stater Bros, filed a formal application with the City of Menifee for a finding of Public Convenience and Necessity for the sale of beer, wine, and distilled spirits for off -premises consumption at a permitted Stater Bros. Market (currently under construction) at the southeast corner of Newport Road and Menifee Road in the City of Menifee (APN 364-190-020); and, Whereas, on August 10, 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. 2016-146, 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 Convenience and Necessity Application No. 2016-146, 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 liquor licenses or if the granting of the retail liquor license would cause a census tract to have an undue concentration. 2. The California ABC Board has determined that for this Census Tract No. 0427.38, three (3) off -site (Type 20 and 21) licenses are allowed and that three (3) licenses are currently active (with two others not yet activated). Therefore, the granting of this liquor license would cause this census tract to be over -concentrated by ABC's determination. 3. There is one public school located within 1,000 feet of the subject site. This public school is Callie Kirkpatrick elementary school located approximately 500 feet to the west of the proposed supermarket use. No private schools are located within 1,000 feet of the site. 4. No public or private park or playground is located within 1,000 feet of the supermarket use. 5. 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 16-272 Public Convenience and Necessity No. 2016-146 August 10, 2016 6. The supermarket use (Stater Bros.) is requesting a Type 21 license to allow for the sale of beer, wine, and liquor for off -site consumption only. 7. The proposed use is not 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. 8. The supermarket use will be buffered from nearby existing residential and school uses by future landscaped setbacks, surrounding buildings, and existing roadways. 9. The supermarket building is located approximately 100 feet from the rear property line of the nearest existing residential lot south of Rockport Road and approximately 500 feet from the boundary of Callie Kirkpatrick Elementary School. The larger commercial retail 'center has been designed to consider the residential uses to the south as well as the elementary school to the west. The front entrance of the supermarket is oriented toward Newport Road. Therefore, the project will not interfere with the quiet enjoyment of the neighboring residential properties by their residents. 10. No beer, wine, or other alcoholic beverage advertisements shall be located in such a manner so as to be viewed from outside of the Stater Bros supermarket. 11. The supermarket use is primarily 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. 12. All impacts related to the Public Convenience and Necessity application were analyzed in an Initial Study/Mitigated Negative Declaration prepared for the Shoppes at the Lakes commercial center (Plot Plan 2014-091), which was adopted by the City of Menifee. No new environmental impacts have been identified. No further environmental review is required. Section 2. The Planning Commission of the City of Menifee approves Public Necessity and Convenience Application No. 2016-146. Resolution No PC 16-272 Public Convenience and Necessity No. 2016-146 August 10, 2016 PASSED, APPROVED AND ADOPTED this 10th day�of August, 2016 by the following vote: ATTEST: IWfer Allen, Deputy City Clerk Approved as to form: Ajit T 'nd, Assistant City Attorney C,ATY Or MENIFEF Alp Scott A. Mann Mayor Greg August Mayor Pro Tem District 1 Matthew Liesemeyer Councilmember District 2 Lesa Sobek Councilmember District 3 John V. Denver Councilmember District 4 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.69.3843 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. PC16-272 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 10th day of August, 2016 by the following vote: Ayes: Doty, Karwin, Madrid, Phillips, Thomas Noes: None Absent: None Abstain: None J nnifer Allen, Deputy City Clerk