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