10-141 Resolution No. 10-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE
APPROVING CONDITIONAL USE PERMIT#3549 FOR THE HERITAGE SQUARE
SHOPPING CENTER TO ALLOW THE USE OF THE CAR WASH, GASOLINE
SERVICE STATION, WITH THE CONCURRENT SALE OF BEER AND WINE FOR.
OFF PREMISES CONSUPMTION, AND CONVENIENCE STORE.
Whereas, in March 28, 2007, the applicant, Heritage Square, filed a formal
application with the County of Riverside for Conditional Use Permit #3549 to allow the
use of the car wash, gasoline service station, with con current sale of beer and wine for
off-premises consumption, and convenience store; and,
Whereas, on January 12, 2010, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit #3549, considered public testimony and
materials in the staff report and accompanying documents, 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 site boundaries.
Whereas, at the January 12, 2010 Planning Commission public hearing, the
project was continued without discussion in order to allow staff to address comments
received from the South Coast Air Quality Management District; and,
Whereas, on March 23, 2010, the Planning Commission held a subsequent
public hearing on Conditional Use Permit No. 3549, considered public testimony and
materials in the staff report and accompanying documents, which hearing was publicly
noticed by a publication in the newspaper of general circulation, an agenda posting, and
notice to property owners within 600 feet of the project site boundaries; and,
Whereas, at the March 23, 2010 Planning Commission public hearing, the
project was continued with discussion; and,
Whereas, on April 27, 2010, the Planning Commission held a subsequent public
hearing on Conditional Use Permit No. 3549, considered public testimony and materials
in the staff report and accompanying documents, which hearing did not require an
additional public notice pursuant to Ordinance 348, Section 1.11; and,
Whereas, on April 27, 2010, based upon the materials at the public hearing the
City of Menifee Planning Commission recommended approval to the City Council for
Conditional Use Permit No. 3549; and,
Whereas, on June 1, 2010, the City of Menifee City Council considered public
testimony and materials in the staff report and accompanying documents, 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 site boundaries;
and,
Whereas, on June 1, 2010, based upon the materials at the public hearing the
City of Menifee City Council made the following findings for Conditional Use Permit No.
3549;
1. The conditional use permit is consistent with the General Plan Land Use Map
and applicable General Plan objectives, policies, and programs;
Resolution No. 10-041
Conditional Use Permit#3549 for the Heritage Square Shopping Center to Allow the Gas
Station with the Concurrent Sale of Beer and Wine for Off-Premises Consumption
2. The project site is designated Community Development: Commercial Retail
(CD:CR) (0.20-0.35 floor area ratio) on the Sun City/Menifee Valley Area Plan.
3. The proposed use, convenience store, including the sale of beer and wine, is a
permitted use in the Community Development: Commercial Retail (CD: CR)
(0.20-0.35 floor area ratio) designation.
4. The conditional use permit is consistent with Ordinance No. 348, Section 18.28,
which provides for conditional use procedures, enforcement, and revocations;
5. The use allowed by this conditional use permit is compatible with or provides
adequate buffering of adjoining uses in that the properties to the south contain an
electrical substation, the residential properties to the north and east are
separated from the site by roads and the residential properties to the west will be
separated by walls and landscaping;
6. The establishment, maintenance or conducting of the use for which the
conditional use permit is sought will not, under the particular case when
consistent with the conditions of approval, be detrimental to the public welfare or
injurious to property or improvements in the neighborhood;
7. The establishment, maintenance or conducting of the use for which the
conditional use permit is sought will not, under the particular case when
consistent with the conditions of approval, be objectionable or incompatible with
the character of the city and its environs due to noise, dust, odors or other
undesirable characteristics may be prohibited;
8. The establishment, maintenance or conducting of the use for which the
conditional use permit is sought will be essential or desirable to the public
convenience or welfare, and will not impair the integrity and character of the
zoned district or be detrimental to the public health, safety, morals or welfare;
9. 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 liquor license would be located in a
census tract of undue concentration of retail liquor licenses or if the granting if the
retail liquor license would cause a census tract to have an undue concentration;
10. The California Alcoholic Beverage Control Board currently allows five licenses
within this census tract; however, six (6) are existing. According to ABC, an
undue concentration of licenses exists within this census tract.
9. The year 2000 census population for Census Tract No. 42722 was 8,339 persons
according to the US Census Bureau (Census 2000 Summary File 3).
10. The 2007 population of Census Tract No. 42722, according to County-
maintained demographics, was 13,871 persons.
11. Per the Riverside County Planning Department, the population estimate by 2008
will be even greater than that of the 2007 population, due to the number of
Resolution No. 10-041
Conditional Use Permit#3549 for the Heritage Square Shopping Center to Allow the Gas
Station with the Concurrent Sale of Beer and Wine for Off-Premises Consumption
approved residences within Census Tract No. 42722. According to County of
Riverside demographics, the estimate population for 2010 is 17,900 persons.
12. The maximum concentration level for General Liquor License (Type 21) is
combined with Beer and Wine (Type 20) and limited to one per 1,250 people by
census tract (Alcoholic Beverage Control Act: California Business and
Professions Code 23817.5)
13. The over-concentration of Beer and Wine (Type 20) and General Liquor (Type
21) licenses is determined by comparing the County-wide population per license
to the census tract population and number of Type 20 and Type 21 license
issued in that census tract. If there are more licenses per person (or fewer people
per license) within the census tract than the county average, there is an over-
concentration (California Alcoholic Beverage Control).
14. Using 2005 population estimates and current liquor license numbers, Riverside
County has one (1)combined (Type 20 and Type 21) license per 1,562 persons.
15. A population of 13,871 persons (the 2007 estimated population for Census Tract
No. 42722) would allow for a maximum concentration of eleven combined (Type
20 and Type 21) liquor license within the census tract.
16. Six combined (Type 20 and Type 21) licenses are currently issued in Census
Tract No. 42712. The existing six licenses equate to approximately 0.5 licenses
per 1,250 persons, roughly half the allowable concentration. The allowance of
the two (2) additional licenses would equate to 0.70 licenses per 1,250 persons.
17. Census Tract No. 42722 is not over concentrated with Type 20 and Type 21
combined liquor licenses.
18. The proposed project site is located within 1,000 feet of Boulder Ridge Middle
School. The convenience store will be located over 500 feet away from the
Boulder Ridge Middle School once it has been revised. The alcohol sales will not
proceed unless a revised site plan is submitted and approved with the correct
setback from the school.
19. The Menifee City Council has revised Ordinance No. 348, Section 18.48 to add a
provision which requires that liquor stores, mini-marts selling alcohol and service
stations selling beer and wine be setback from schools (private and public),
churches, or parks by at least 500 feet. This provision does not apply to drug
stores (Walgreens, CVS, etc). The gas station is currently located approximately
436 feet from the edge of the middle school's property, but over 500 feet from the
school itself (approximately 900 feet from the building). The project has been
conditioned to submit a revised site plan prior to final approval with the location
of the gas station and gas station canopy switched in order for the 500 foot
setback to the school to be met.
20. This revision to the site plan has been conditioned instead of required now
because this project was originally submitted with the County of Riverside
Planning Department in March of 2007 and the revision to the Ordinance
regarding alcohol sales went into effect in July 2009. Other than the
Resolution No. 10-041
Conditional Use Permit#3549 for the Heritage Square Shopping Center to Allow the Gas
Station with the Concurrent Sale of Beer and Wine for Off-Premises Consumption
development standard added by the Menifee City Council, no other ordinances
regulate the location of uses selling alcohol sales within 1,000 feet of schools;
however, location of such uses in proximity to schools is an indication that
additional scrutiny should apply.
21. In order to buffer the proposed alcohol sales use from the middle school, the
project has been conditioned for the following: no beer, wine or other alcoholic
beverage advertising shall be located in such a manner that could be viewed
from the school; and, no displays of beer, wine or other alcoholic beverages shall
be located on the exterior of the building or within window areas.
22. The proposed project site is not located within 100 feet of existing and habited
residences.
23. The gasoline station/convenience store is requesting a type 20 license to allow
for the sale of beer and wine for off-site consumption only.
24. The project shall not be situated in such a manner that vehicle traffic from the
facility may reasonably be believed to be a potential hazard to a school, church,
Public Park or playground.
25. The gas station/convenience store is located in the center portion of the project
site and is buffered from the school by other buildings in the retail center,
including parking, walls, and landscaping.
26. No beer, wine or other alcoholic beverage advertising shall be located in such a
manner that be viewed from the school.
27. No displays of beer, wine or other alcoholic beverages shall be located on the
exterior of the building or within window areas.
28. The convenience store is not located within 500 feet of an existing or planned
public park, playground, or established place or religious worship.
29. The project does provide the public necessity or convenience for the residents of
the surrounding community.
30. The project will not interfere with the quiet enjoyment of the property by
residents.
NOW, THEREFORE, the City Council of the City of Menifee resolves and orders
as follows:
1. The Findings set out above are true and correct.
2. Conditional Use Permit #3549 for the carwash, gas station, with the concurrent
sale of beer and wine (only) for off-premises consumption at the Heritage Square
shopping center is approved subject to the Conditions of Approval as set forth in
Exhibit "1" to this Resolution and as approved by the City Council on June 1,
2010.
Resolution No. 10-141
Conditional Use Permit#3549 for the Heritage Square Shopping Center to Allow the Gas
Station with the Concurrent Sale of Beer and Wine for Off-Premises Consumption
PASSED, APPROVED AND ADOPTED this 1St DAY OF JUNE, 2010
Mayor Wallace Edgerton
Attest:
Kathy Bennett, City Clerk
LYy dF
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MENIF'EE
Wallace W.Edgerton
Mayor
Fred Twyman
Mayor Pro Tem
STATE OF CALIFORNIA )
John Denver COUNTY OF RIVERSIDE ) ss
Councitmember CITY OF MENIFEE )
Darcy Kuenzi
Councilmember
Scott A.Mann I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember
foregoing Resolution No. 10-141 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 1 n day of June, 2010 by the
following vote:
Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman
Noes:
Absent:
Abstain:
I
Kathy Bennett, City Clerk
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k
I
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofm enifee.us
EXHIBIT 661"
Conditions of Approval for CUP03549
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Conditions of Approval CUP No. 3549 1 of 8
Section I :
Conditions Applicable to all
Departments
Conditions of Approval CUP No. 3549 2 of 8
General Conditions
1. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Conditional Use Permit No. 3549 shall
be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 3549,
Amended No. 2, dated October 15, 2008.
APPROVED EXHIBIT B = Elevations for Conditional Use Permit No. 3549,
Amended No. 2, dated October 15, 2008.
2. Description. The use hereby permitted is to allow the use for the car wash,
gasoline service stations, with the concurrent sale of beer and wine for off-
premises consumption, convenience store, and off-site sales of beer and
wine at the gas station.
3. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and County and any agency or instrumentality
thereof, and/or any of its officers, employees and agents (collectively the
"City and County")from any and all claims, actions, demands, and liabilities
arising or alleged to arise as the result of the applicant's performance or
failure to perform under this Plot Plan or the City's and County's approval
thereof, or from any proceedings against or brought against the City or
County, or any agency or instrumentality thereof, or any of their officers,
employees and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an action by the City or County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning
Environmental Assessment No. 41320, Change of Zone No. 7501, Plot
Plan No. 2009-051, Conditional Use Permit No. 3549, Conditional Use
Permit No. 2009-102 and Conditional Use Permit No. 2009-103.
4. 90 Days to Protest. The project developer has 90 days from the date of
approval of these conditions to protest, in accordance with the procedures
set forth in Government Code Section 66020, the imposition of any and all
fees, dedications, reservations and/or other exactions imposed on this
project as a result of this approval or conditional approval of this project.
5. Newly Incorporated City. The City of Menifee is a new City incorporated
on October 1, 2008; the City is studying and adopting its own ordinances,
regulations, procedures, processing and development impact fee structure.
In the future the City of Menifee will identify and put in place various
processing fees to cover the reasonable cost of the services provided. The
City also will identify and fund mitigation measure under CEQA through
development impact fees. Such fees may include but are not limited to
processing fees for the costs of providing planning services when
development entitlement applications are submitted, which fees are
designed to cover the full cost of such services, and development impact
fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing
Conditions of Approval CUP No. 3549 3 of 8
districts to cover the costs of maintenance of improvements constructed by
development, Developer agrees to petition for formation of, annexation to or
inclusion in any such financing district and to pay the cost of such
formation, annexation or inclusion.
The developer acknowledges it is on notice of the current development fees
and understands that such fees will apply at the levels in effect at the time
the fee condition must be met as specified herein.
(applicant initials)
6. City of Menifee. On October 1St, 2008 the City of Menifee incorporated. At
the time the City incorporated it was required to accept all the laws and
ordinances of the County of Riverside. Over time the City will change these
ordinances either by name or content. The applicant or successor in
interest of this project will be subject to ordinances of the City of Menifee
and not those of the County of Riverside that the City has jurisdiction over.
Therefore, any condition of approval listed in this project that references a
County of Riverside Ordinance, will in fact be subject to the equivalent City
ordinance or subsequent ordinance introduced by the City. The applicant
or their successor in interest by accepting these conditions also agrees to
accept the equivalent City ordinance or subsequent ordinance introduced
by the City.
7. Comply with All Conditions. The applicant/developer shall comply with all
terms and conditions of Plot Plan No. 2009-051.
8. Expiration Date. This approval shall be used within two (2) years of the
approval date; otherwise, it shall become null and void and of no effect
whatsoever. By use is meant the beginning of substantial construction
contemplated by this approval within two (2) year period which is thereafter
diligently pursued to completion or to the actual occupancy of existing
buildings or land under the terms of the authorized use. Prior to the
expiration of the two year period, the permittee may request a one (1) year
extension of time in which to begin substantial construction or use of this
permit. Should the one year extension be obtained and no substantial
construction or use of this permit be initiated within three (3) years of the
approval date this permit, shall become null and void.
9. Condition Compliance. WITHIN TWO (2) YEARS OF THE DATE OF
APPROVAL OF THIS PERMIT, the permittee shall prepare and submit a
written report to the Riverside County Planning Director demonstrating
compliance with all conditions of approval and mitigation measures of this
permit and E.A. No. 41320.
Conditions of Approval CUP No. 3549 4 of 8
Section II :
Planning Conditions of Approval
Conditions of Approval CUP No. 3549 5 of 8
General Conditions
10. Comply with Ordinance. The development of these premises shall comply
with the standards of Ordinance No. 348 and all other applicable
ordinances and State and Federal codes.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, unless otherwise amended by these
conditions of approval.
11. Licensing. At all times during the conduct of the permitted use the
permittee shall maintain and keep in effect valid licensing approval from the
Department of Alcohol Beverage Control, or equivalent agency as provided
by law. Should such licensing be denied, expire or lapse at any time in the
future, this permit shall become null and void.
12. Causes for Revocation. In the event the use hereby permitted under this
permit, a) is found to be in violation of the terms and conditions of this
permit, b) is found to have been obtained by fraud or perjured testimony, or
c) is found to be detrimental to the public health, safety or general welfare,
or is a public nuisance, this permit shall be subject to the revocation
procedures.
13. Ceased Operations. In the event the use hereby permitted ceases
operation for a period of one (1) year or more, this approval shall become
null and void.
14. Alcohol Sales. The following development standards shall apply to the
concurrent sale of motor vehicle fuels and beer and wine for off-premises
consumption:
a. Only beer and wine may be sold.
b. The owner and the management shall educate the public regarding
driving under the influence of intoxicating beverages, minimum age for
purchase and consumption of alcoholic beverages, driving with open
containers and the penalty associated with violation of these laws. In
addition, the owner and management shall provide health warnings
about the consumption of alcoholic beverages. This educational
requirement may be met by posting prominent signs, decals or
brochures at points of purchase. In addition, the owner and
management shall provide adequate training for all employees at the
location as to these matters.
c. No displays of beer, wine or other alcoholic beverages shall be
located within five feet of any building entrance or checkout counter.
d. Cold beer or wine shall be sold from, or displayed in, the main,
permanently affixed electrical coolers only.
Conditions of Approval CUP No. 3549 6 of 8
e. No beer, wine or other alcoholic beverage advertising shall be located
on gasoline islands; and, no lighted advertising for beer, wine or other
alcoholic beverages shall be located on the exterior of buildings or
within window areas.
f. Employees selling beer and wine between the hours of 10:00 p.m.
and 2:00 a.m. shall be at least 21 years of age.
g. No sale of alcoholic beverages shall be made from a drive-in window.
h. All alcoholic beverage displays and storage areas, and all electrical
coolers containing alcoholic beverages shall be locked between the
hours of 2:00 a.m. and 6:00 a.m. in order to prevent public access to
alcoholic beverages during those hours.
15. Business Licensing. Every person conducting a business within the City
of Menifee shall obtain a business license as required by the Menifee
Municipal Code. For more information regarding business registration,
contact the City Clerk.
16. Noise Levels. Exterior noise levels produced by any use allowed under this
permit, including, but not limited to, any outdoor public address system,
shall not exceed 55 db(A), 10-minute LEQ, between the hours of 10:00 p.m.
to 7:00 a.m., and 65 db(A), 10-minute LEQ, at all other times as measured
at any residential, hospital, school, library, nursing home or other similar
noise sensitive land use. In the event noise exceeds this standard, the
permittee or the permittee's successor-in-interest shall take the necessary
steps to remedy the situation, which may include discontinued operation of
the facilities.
17. Noise Monitoring Reports. The permit holder may be required to submit
periodic noise monitoring reports as determined by the Department of
Building and Safety as part of a code enforcement action. Upon written
notice from the Department of Building and Safety requiring such a report,
the permittee or the permittee's successor-in-interest shall prepare and
submit an approved report within thirty (30) calendar days to the
Department of Building and Safety, unless more time is allowed through
written agreement by the Department of Building and Safety. The noise
monitoring report shall be approved by the Office of Industrial Hygiene of
the Health Service Agency (the permittee or the permittee's successor-in-
interest shall be required to place on deposit sufficient funds to cover the
costs of this approval prior to commencing the required report).
18. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this conditional use permit as a principal
place of residence. No person shall use the premises as a permanent
mailing address nor be entitled to vote using an address within the
premises as a place of residence.
Conditions of Approval CUP No. 3549 7 of 8
19. Attendant. The applicant shall provide regular monitoring of the facility by
an attendant during business hours to control noise, litter and other
nuisances. The facility shall be kept clear of debris at all times.
20. Reclaimed Water. The permit holder shall connect to a reclaimed water
supply for the car wash when secondary or reclaimed water is made
available to the site.
FEES
21. Subsequent Submittals and Fees. Any subsequent submittals required by
these conditions of approval, including but not limited to grading plan,
building plan or mitigation monitoring review, shall be reviewed on an hourly
basis (research fee), or other such review fee as may be in effect at the
time of submittal, as required by Ordinance No. 671. Each submittal shall
be accompanied with a letter clearly indicating which condition or conditions
the submittal is intended to comply with.
The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
Signed Date
Name (please print) Title (please print)
Conditions of Approval CUP No. 3549 8 of 8