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PC20-518RESOLUTION PC 20-_____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING A FINDING OF PUBLIC CONVENIENCE OR NECESSITY NO. PLN20-0099 FOR THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AT “SPROUTS FARMER’S MARKET” WHEREAS, March 20, 2020, the applicant, Terri Dickerhoff, filed a formal application with the City of Menifee for a finding of Public Convenience or Necessity for the sale of beer, wine and distilled spirits (Type 20 License) for off-premises consumption at an approved “Sprouts Farmer’s Market” located at the southeast corner of Newport Road and Calle Tomas in the City of Menifee (APN 360-860-001 and 360- 860-002); and, WHEREAS, 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. WHEREAS, The California ABC Board has determined that for this Census Tract No. 0427.42, two (2) off-site (Type 20 and 21) licenses are allowed and more than two (2) licenses are currently active. Therefore, the granting of this liquor license would cause this census tract to be over-concentrated by ABC’s determination. WHEREAS, on July 22, 2020 due to technical difficulties during the start of the Planning Commission meeting, the public hearing for the Public Convenience or Necessity No. PLN20-0099 for the sale of beer and wine for off premises consumption at Sprouts Farmer’s Market was continued to the August 12, 2020 Planning Commission meeting. WHEREAS, on August 12, 2020, 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 or Necessity No. PLN20-0099, 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 or Convenience Necessity Application No. PLN20- 0099, the Planning Commission hereby makes the following findings: 1. The proposed use is consistent with the General Plan and development code. The Sprouts Farmer’s Market store is located in the southern portion of an approved commercial retail center (Plot Plan No. 2018-217). The project site is located within the Menifee Town Center Specific Plan (Specific Plan No. 2009-069) Planning Area 1 in which a grocery store is a permitted use. The sale of alcohol is an ancillary use permitted within the grocery store. Therefore, the proposed use of off-site sales of beer and wine is consistent with the City of Menifee General Plan and DocuSign Envelope ID: 5FDBD835-71AA-40A8-A9CD-FF440DBC7DE2 518 Public Convenience and Necessity No. PLN20-0099 August 12, 2020 Development Code with the approval of this public convenience and necessity. 2. The proposed use is compatible with the nature, condition and character of adjacent land uses. The Sprouts Farmer’s Market store is located in the southern portion of an approved commercial retail center (Plot Plan No. 2018-217). There are existing residential uses to the west and south of the shopping center; however, the Sprouts Farmer’s Market store is buffered from these residential uses by a landscaped buffer and 6 foot high screen wall. Therefore, the project will not impact the nature, condition or character of the adjacent uses. 3. The proposed use would not have an adverse effect on adjacent land uses. The proposed off-site beer and wine sales (Type 20 license) will not have an adverse effect on adjacent land uses as the Sprouts Farmer’s Market is located within an approved commercial shopping center has landscape buffering including a 6 foot tall block wall. The sale of beer and wine will not interfere with the quiet enjoyment of the neighboring residential properties by their residents. 4. The proposed use would not result in an excessive number of similar establishments in close proximity. The Sprouts Farmer’s Market store will be located in an area that is an existing hub of commercial activity for the area west of the I-215 Freeway. This application for Findings of Public Convenience or Necessity should not result in an excessive number of off-site licenses, as the existing off- site licenses are located in different commercial centers spread throughout the census tract. 5. The proposed use will be essential or desirable to the public convenience or welfare and will not impair the integrity and character of the zone district or be detrimental to the public health, safety, morals or welfare. The Sprouts Farmer’s Market store is primarily engaged in the sale of groceries and general merchandise, 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 provides the public convenience for the residents of the surrounding community. 6. Notice of hearing shall be given to all owners of property within 1,000 feet of the subject facility, to any elementary school or secondary school district within those boundaries the facility is located and to any public entity operating a public park or playground within 1,000 feet of the subject facility. The Community Development Director may require that additional notice be given, in a matter the Director deems necessary or desirable to other persons or public entities. DocuSign Envelope ID: 5FDBD835-71AA-40A8-A9CD-FF440DBC7DE2 Public Convenience and Necessity No. PLN20-0099 August 12, 2020 The proposed project was noticed on July 9, 2020 and published within The Press Enterprise. Notices were also mailed to property owners within a 1,000-foot radius of the project site and an on-site public notice sign was placed on the property. All relevant public agencies were also notified of the public hearing. On July 22, 2020, prior to the start of the meeting, the City experienced technical difficulties with regard to the online hosting of the meeting. These difficulties would have prevented public participation during the meeting. Therefore, the meeting was adjourned and the project was continued to the next regularly scheduled Planning Commission meeting of August 12, 2020. Because the project was adjourned/continued to a specific date, new noticing is not required. However, to promote the public’s continued participation in the public hearing process, new 10-day notices were sent to property owners and residents within a 1000-foot radius of the project site, and postings on the project site were updated with the new hearing date. Section 2. The Planning Commission of the City of Menifee approves Public Necessity or Convenience Application No. PLN20-0099. PASSED, APPROVED and ADOPTED THIS 12 DAY OF AUGUST 2020. ___________________________________ Randy Madrid, Chairman ATTEST: ____________________________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ____________________________________________ Thai Phan, Assistant City Attorney DocuSign Envelope ID: 5FDBD835-71AA-40A8-A9CD-FF440DBC7DE2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC20- was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 12 day of August 2020 by the following vote: Ayes: Noes: Absent: Abstain: _______________________________ Stephanie Roseen, CMC Deputy City Clerk DocuSign Envelope ID: 5FDBD835-71AA-40A8-A9CD-FF440DBC7DE2 518 None None Diederich, Karwin, Phillips, Thomas, Madrid None