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09-75 Resolution No. 09-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING CONDITIONAL USE PERMIT#2009-019 FOR THE ENCANTO MIXED USE DEVELOPMENT TO ALLOW A 5,000 SQUARE FOOT CONVENIENCE STORE IN THE SCENIC HIGHWAY COMMERCIAL (C-P-S)ZONING DISTRICT AND TO ALLOW THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION AS PART OF THE CONVENIENCE STORE USE, AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR THE ALCOHOLIC BEVERAGE LICENSE Whereas, in January 29, 2009, the applicant, Jerry Voukelatos for Olive Tree Properties, Inc., filed a formal application with the City of Menifee for Conditional Use Permit#2009-019 to allow a 5,000 square-foot convenience store in the Scenic Highway Commercial (C-P-S) zoning district and to allow the sale of beer, wine, and distilled spirits for off-site consumption at the convenience store at the Encanto Mixed Use project; and Whereas, on April 21, 2009, the City Council held a duly noticed public hearing on Conditional Use Permit#2009-019, 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 April 21, 2009, the City Council made the following findings for Conditional Use Permit#2009-019: 1. The proposed conditional use permit is exempt from environmental review, per section 15332 of the California Environmental Quality Act Guidelines, regarding infill development projects, in that the proposal: (a) Is consistent with the applicable general plan designation and all applicable general plan policies; and (b) Is consistent with the applicable zoning designation and regulations; and (c) Occurs within city limits on a site of no more than 5.0 acres substantially surrounded by urban uses; and (d) The site has no value as a habitat for endangered, rare or threatened species; and (e) Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality; and (f) the site can be adequately served by all required utilities and public services; and 2. The related County of Riverside-approved Plot Plan #22517 received approval of a Mitigated Negative Declaration on September 8, 2008, which analyzed and mitigated all potential environmental impacts from the development of the project; and 3. The conditional use permit is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs; and Resolution No. 09-75 Approval of Conditional Use Permit#2009-019 4. The conditional use permit is consistent with Ordinance No. 348, Section 18.28, or such successor ordinance as may be adopted, which provides for conditional use procedures, enforcement, and revocations; and 5. The conditional use permit is compatible with or provides adequate buffering of adjoining uses, in that the properties to the north and south are commercially zoned and the areas to the east are single-family homes that could use a convenience store; and 6. The establishment, maintenance or conducting of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the public welfare or injurious to property or improvements in the neighborhood; and 7. The establishment, maintenance or conducting of the use for which the conditional use permit is sought will not, under the particular case, 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; and 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; and 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; and 10. The conditional use permit includes a retail liquor license (a Type 21 license for the sale of beer, wine and distilled spirits for off-site consumption) at the convenience store; and 11. The project site is located in U.S. Census tract 427.22 with a population of 8,339 according to the 2000 U.S. Census; and 12. According to the ABC, the census tract has an undue concentration of retail liquor licenses in that an allotment of one retail license per 1,705 persons (ABC Act, California Business and Professions Code section 23958.4) is allowed for an overall allotment of five licenses, but six such retail licenses have been issued; and 13. The Type 21 license at the convenience store at the Encanto Mixed Use project is a Public Convenience or Necessity, in that the sale provides necessity and convenience for the residents of the surrounding communities and the census tract in particular, in that: Resolution No. 09-75 Approval of Conditional Use Permit#2009-019 (a) The sale of beer, wine and distilled spirits for off-site consumption (a Type 21 ABC retail license) at the convenience store will be a necessity and convenience for the inhabitants of the census tract in that the nearest Type 21 license in the census tract is seven miles away and the closest alcoholic beverage sale locations are Type 20 retail licenses (for beer and wine only) at two gas stations; and (b) The sale of beer, wine and distilled spirits for off-site consumption in association with the convenience store will not conflict with the Zoning Ordinance, in that the sale is a permitted use with approval of a Conditional Use Permit; and (c) The sale of beer, wine and distilled spirits for off-site consumption in association with the convenience store is consistent with the objectives of section 18.48 of the Zoning Ordinance, in that the intent of section 18.48 is to provide minimum development standards for the appropriate development of alcoholic beverage sales and to protect the health, safety and welfare of residents by furthering awareness of laws relative to drinking and appropriate conditions of approval have been included in the conditions of approval, as set forth in Exhibit A to this resolution; and (d) The sale of beer, wine and distilled spirits for off-site consumption in association with the convenience store will not be situated in such a manner that will cause undue vehicle traffic to any school, church, public park or playground, in that there are no schools, churches, public parks or playgrounds within 1,000 feet of the boundaries of the Encanto Mixed Use project; and (e) The convenience store is located adjacent to existing and inhabited residences; and (f) The convenience store is not a liquor store and is primarily engaged in the sale of other market items and sundries and has been sufficiently conditioned to keep it that way. 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#2009-019 is hereby approved and is subject to the Conditions of Approval in Exhibit "A" to this resolution. Specifically, CUP#2009- 019 is approved to allow the following: (a) A 5,000 square-foot convenience store in the Scenic Highway Commercial (C-P-S) zoning district; and (b) The sale of beer, wine and distilled spirits for off-site consumption (a Type 21 license from the State Department of Alcoholic Beverage Control) at the convenience store. Resolution No. 09-75 Approval of Conditional Use Permit#2009-019 PASSED, APPROVED AND ADOPTED this 21St day of April, 2009, by the following vote: AYES:iRowm NOES:�/Y� ABS ENT:VYL P,-U. ABSTAIN: Wallace W. Edgerton, Mayor Attest: C--K;K� Kathy Bennett, City Clerk Resolution No. 09-75 Approval of Conditional Use Permit#2009-019 EXHIBIT "A" CONDITIONS OF APPROVAL -STANDARD General 1. Zoning Compliance. The project shall conform to the Scenic Highway Commercial (C-P-S)zoning regulations, and as subsequently amended. (Standard County condition, 10.Planning) 2. Approved Plans. The project shall be developed in substantial conformance with the plans, colors, and materials approved by the Riverside County Planning Director on September 8, 2008, and as amended by these conditions. Any deviation shall require the appropriate Planning Department review and approval in advance of implementation. (Standard County condition, 10.Planning) 3. County Approved Conditions. The County approved conditions of approval for Plot Plan #22517, adopted on September 8, 2008, shall remain in full force and effect for the project site. 4. Signs Not Approved. Other than signage approved by the Riverside County Planning Director on September 8, 2008 as part of Plot Plan#22517, signage is not a part of this approval. A comprehensive sign program shall be submitted for Planning Department review and approval prior to the installation of any business signs at the project site. (Menifee standard condition) 5. Building Official. The proposed project shall adhere to all requirements of the Building Official. Construction drawings shall be in compliance with the 2007 California Building Code, or as subsequently updated by the State Building Standards Commission. Water, gas, sewer, electrical transformers, power vaults and separate fire/water supply lines (if applicable) must be shown on the final set of construction plans pursuant to the requirements of the Building Official. (Standard County condition, 10.Planning) 6. Truck and Construction Related Activities. Truck and construction-related activities shall be restricted to between the hours of 7:00 a.m. and 7:00 p.m. Monday-Saturday (excluding federal and state holidays). Exceptions to these standards may be allowed only with written consent of the Building Official per City Ordinance. (Standard County condition, 10.Planning) 7. 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 Conditional Use Permit or Plot Plan #22517 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, Resolution No. 09-75 Approval of Conditional Use Permit#2009-019 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 Conditional Use Permit#2009-019 and Plot Plan #22517. (Standard County condition, 10.Planning) 8. Payment of Future Fees. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own 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 measures 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 on public improvements. The developer acknowledges it is on notice of the development and future imposition of such fees and understands that such fees will apply at the levels in effect at the time the service is provided or prior to the issuance of building permit fees, except as otherwise provided. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, the 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. 9. Conditional Use Permit. The conditional use permit is consistent with Ordinance No. 348, Section 18.28, or such successor ordinance as may be adopted, which provides for conditional use procedures, enforcement, and revocations. Prior to Issuance of Building Permits for Improvements for the Convenience Store 10. Notice of Project Restrictions. The property owner shall record a "Notice of Project Restrictions" for each parcel in the official records of the County of Riverside and provide proof of such recordation to the City prior to issuance of any building permit. The Notice of Project Restrictions shall provide a description of the subject property, shall identify the Planning Application name and number and any accompanying subdivision or parcel map, including book and page and recorded document number, if any, and be signed and notarized by each property owner of record and shall state the following: "This Notice of Project Restrictions is for the purpose of informing interested persons of the fact that development approvals have been given by the City of Menifee regarding the herein described property and that such approvals are conditioned upon compliance with certain restrictions that run with the land and are binding upon subsequent owners of the property. For more information about the restrictions applicable to this property, contact the Planning Department of the City of Menifee regarding Conditional Use Permit#2009-019, commonly referred to as Encanto Mixed Use development." Resolution No. 09-75 Approval of Conditional Use Permit#2009-019 For purposes of determining the record owner of the property, the applicant shall provide the City with evidence in the form of a report from a title insurance company indicating that the record owner(s) are the person(s) who have signed the Notice of Project Restrictions. (Menifee standard condition) 11. Community Service Area 152. The property owner/developer shall annex to CSA 152, the countywide street sweeping entity. 12. State of California Department of Alcoholic Beverage Control (ABC) License. The property owner,or convenience store operator is responsible for obtaining the appropriate ABC license. Proof of such license shall be submitted to the City. (Menifee standard condition) At All Times During the Operation of the Convenience Store 13. Alcohol Education. The owner and the management of the convenience store 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. 14. Alcohol Warnings. The owner and the management of the convenience store 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. 15. Alcohol Training. The owner and the management of the convenience store shall provide adequate training for all employees at the location as to these matters. 16. Alcohol Displays. No displays of beer, wine or other alcoholic beverages shall be located within five feet of any building entrance or checkout counter. 17. Alcohol Sales Locations. Cold beer, wine or distilled spirits shall be sold from, or displayed in, the main, permanently affixed electrical coolers only. 18. Alcohol Sales Signage. No beer, wine or other alcoholic beverage advertising shall be located on the exterior of buildings or within window areas. 19. Alcohol Sales by Employees. Employees selling beer, wine and other alcoholic beverages between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age. 20. Alcohol Sales from Drive-up Windows. No sale of alcoholic beverages shall be made from a drive-up window. 21. Alcohol Sales Not Primary Sales Item. The sale of the alcoholic beverages shall not be the primary sale item in the convenience store. Resolution No. 09-75 Approval of Conditional Use Permit#2009-019 22. Liquor Store Not Approved. The CUP is not for the approval of al liquor store. 23. Bar or Restaurant Not Approved. The CUP is not for the approval of a bar or restaurant. 24. Tables or Chairs Not Approved. There shall not be tables or chairs to eat or drink at the convenience store location. 25. Live Entertainment, Music or Dancing Not Approved. The CUP is not for the approval of live entertainment, music or dancing. Resolution No. 09-75 Approval of Conditional Use Permit 42009-019 22. Liquor Store Not Approved. The CUP is not for the approval of al liquor store. 23. Bar or Restaurant Not Approved. The CUP is not for the approval of a bar or restaurant. 24. Tables or Chairs Not Approved. There shall not be tables or chairs to eat or drink at the convenience store location. 25. Live Entertainment, Music or Dancing Not Approved. The CUP is not for the approval of live entertainment, music or dancing.