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
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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.
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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
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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
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518
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Diederich, Karwin, Phillips, Thomas, Madrid
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