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10-142 Resolution No. 10-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING CONDITIONAL USE PERMIT#2009-102 FOR THE HERITAGE SQUARE SHOPPING CENTER TO ALLOW THE SALE OF DISTILLED SPIRITS, BEER AND WINE FOR OFF-PREMISES CONSUMPTION FOR ONE (1) OF THE MAJOR BUILDINGS WHICH IS INTENDED FOR DRUG STORE/PHARMACY USE. 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 sale of distilled spirits, beer and wine for off-premises consumption for one (1) of the major buildings which is intended for drug store/pharmacy use; and, Whereas, on July 22, 2009, upon transfer of the project to the City of Menifee for processing and the request was assigned a new case number: Conditional Use Permit #2009-102; and, Whereas, on January 12, 2010, the Planning Commission held a duly noticed public hearing on Conditional Use Permit #2009-102, 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. 2009-102, 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. 2009-102, 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. 2009-102; 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. 2009-102; Resolution No. 10-042 Conditional Use Permit#2009-102 for the Sale of Distilled Spirits, Beer and Wine for Off-Premises Consumption for one (1) Major intended for Drug Store Use at the Heritage Square Shopping Center 1. The conditional use permit is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs; 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, sale of beer, wine and distilled spirits at the future drug store/pharmacy, 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, or such successor ordinance as may be adopted, which provides for conditional use procedures, enforcement, and revocations; 5. The conditional use permit is compatible with or provides adequate buffering of adjoining uses in that the properties to the south are zoned for commercial uses and the areas to the north and west are for existing and planned residential that could use a convenience store; 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; 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; 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. Resolution No. 10-042 Conditional Use Permit#2009-102 for the Sale of Distilled Spirits, Beer and Wine for Off-Premises Consumption for one (1) Major intended for Drug Store Use at the Heritage Square Shopping Center 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 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 drug store is located over 500 feet away from the Boulder Ridge Middle School. 19. The proposed project site is not located within 100 feet of existing and habited residences. 20. The drug store is requesting a type 21 license to allow for the sale of beer, wine, and distilled spirits for off-site consumption only. 21. The drug store is primarily engaged in the sale of household items, personal care products, and medications and shall be selling beer, wine, and distilled spirits in conjunction with these other items. 22. 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. Resolution No. 10-142 Conditional Use Permit#2009-102 for the Sale of Distilled Spirits, Beer and Wine for Off-Premises Consumption for one (1) Major intended for Drug Store Use at the Heritage Square Shopping Center 23. The drug store is located in the eastern portion of the site is buffered from the school by other buildings in the retail center, including parking, walls, and landscaping. 24. No beer, wine or other alcoholic beverage advertising shall be located in such a manner that be viewed from the school. 25. No displays of beer, wine or other alcoholic beverages shall be located on the exterior of the building or within window areas. 26. The drug store is not located within 500 feet of an existing or planned public park, playground, or established place or religious worship. 27. The project does provide the public necessity or convenience for the residents of the surrounding community. 28. The project will not interfere with the quiet enjoyment of the property by residents. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. Conditional Use Permit #2009-102 for the sale of distilled spirits, beer and wine for off-premises consumption for one (1) of the major buildings which is intended for drug store/pharmacy use, at the Heritage Square shopping center is approved by the City Council, 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. PASSED, APPROVED AND ADOPTED this 1St DAY OF JUNE, 2010 Mayor Wallace Edgerton Attest: Kathy Bennett, City Clerk rte`" MENIFEE Wallace W.Edgerton Mayor Fred Twyman ` Mayor Pro Tem STATE OF CALIFORNIA ) John V.Denver COUNTY OF RIVERSIDE ) ss Councilmember CITY OF MENIFEE ) Darcy Kuenzi f Councilmember $ i Scott A.Mann Councilmember y I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the a foregoing Resolution No. 10-142 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 1 st day of June, 2010 by the following vote: Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman Noes: Absent: i Abstain: 1 s 9 r Kathy Bennett, City Clerk r F E y r E 3 f 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofinenifee.us EXHIBIT 661 " Conditions of Approval for CUP 2009-102 Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Conditions of Approval CUP No. 2009-102 1 of 7 Section I : Conditions Applicable to all Departments Conditions of Approval CUP No. 2009-102 2 of 7 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. 2009-102 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2009- 102, Amended No. 2, dated October 15, 2008. 2. Description. The use hereby permitted is to allow off-site sales of distilled spirits, beer and wine, for one (1) of the major buildings which is intended for drug store/pharmacy use. 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, Tentative Parcel Map No. 34998, 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 districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or Conditions of Approval CUP No. 2009-102 3 of 7 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. 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. 2009-102 4 of 7 Section II : Planning Conditions of Approval Conditions of Approval CUP No. 2009-102 5 of 7 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 sale of distilled spirits, beer and wine at the drug store/pharmacy: a. 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. b. No displays of beer, wine or other alcoholic beverages shall be located within five feet of any building entrance or checkout counter. c. No lighted advertising for beer, wine or other alcoholic beverages shall be located on the exterior of buildings or within window areas. d. 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. e. No sale of alcoholic beverages shall be made from a drive-in window. Conditions of Approval CUP No. 2009-102 6 of 7 f. 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. For more information regarding business registration, contact the City of Menifee. 16. 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. FEES 17. 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. 2009-102 7 of 7