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PC09-015Resolution No. PC09-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING CONDITIONAL USE PERMIT # 2009-084 FOR THE MENIFEE LAKES PLAZA 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 December 13, 2005, the applicant, Larry Markham, filed a formal application with the County of Riverside for Conditional Use Permit #3487 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 #2009-084; and, Whereas, on November 10, 2009, the Planning Commission held a duly noticed public hearing on Conditional Use Permit #2009-084, 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 November 10, 2009 Planning Commission public hearing, the Commission found that: The conditional use permit is consistent with the Specific Plan, General Plan Land Use Map and applicable General Plan objectives, policies, and programs; 2. 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; 3. The conditional use permit is compatible with or provides adequate buffering of adjoining uses in that the properties to the south and west are zoned for commercial uses and the areas to the north and east are single-family homes that could use a convenience store; 4. 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; 5. 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; 6. 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; 7. The California Alcoholic Beverage Control (ABC) Act requires the local jurisdiction to make a finding of Public Convenience or Necessity prior to the Resolution No. PC09-015 Conditional Use Permit #2009-084 for the Sale of Distilled Spirits, Beer and Wine for Off -Premises Consumption for one (1) Major intended for Drug Store Use at the Menifee Lakes Plaza Shopping Center 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; 8. The California Alcoholic Beverage Control Board has determined that for this census tract five (5) licenses are allowed (six (6) licenses exist). This project exceeds this allotment by an additional two (2) licenses for a total of eight (8) licenses within the census tract. Therefore, this census tract is over concentrated by ABC's determination. 9. However, using current population counts, Census Tract No. 42722 is not over concentrated with Type 20 and Type 21 combined liquor licenses. 10. 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). 11. The 2005 population of Census Tract No. 42722, according to County - maintained demographics, was 13,871 persons. 12. Per the Riverside County Planning Department, the population estimate by 2008 will be even greater than that of the 2005 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. 13. 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) 14. 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). 15. 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. 16. A population of 13,871 persons (the 2005 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. 17. Six combined (Type 20 and Type 21) licenses are currently issued in Census Tract No. 42722 and one license is currently pending issuance. The six licenses equate to approximately 0.5 licenses per 1,250 persons, roughly half the allowable concentration. The eight licenses would equate to 0.7 licenses per 1,250 persons. 2 Resolution No. PC09-015 Conditional Use Permit #2009-084 for the Sale of Distilled Spirits, Beer and Wine for Off -Premises Consumption for one (1) Major intended for Drug Store Use at the Menifee Lakes Plaza Shopping Center 18. No schools are located within 1,000 feet from the proposed project. 19. The project will not cause undue traffic burden on any school, a public facility. 20. The project is not located within 100 feet of existing and habited residences. 21. The project is not located within 1,000 feet of an existing or planned Public Park, playground, established place or religious worship. 22. The project site is not located within 500 feet of a public or private school, church (or similar facility for the sole purpose of exercise of religion), or public or private park or playground. 23. The project does provide the public necessity or convenience for the residents of the surrounding community. 24. 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 #2009-084 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 Menifee Lakes Plaza shopping center is approved, subject to the Conditions of Approval as set forth in Exhibit "1" to this Resolution and as approved by the Planning Commission on November 10, 2009. PASSED, APPROVED AND ADOPTED this 10th day of November 2009, by the following vote: AYES NOES:")�,(�yQ� Q- ABSENTFn6PJ ABSTAIN:'Y1v/� Attest: i &—/) L) M U Kathy Bennett, City Clerk & Planning Commission Secretary 3 atthew Liesemoyer, Chair EXHIBIT 41" Conditions of Approval for CUP 2009-084 Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Conditions of Approval CUP No. 2009-084 1 of 7 Section I: Conditions Applicable to all Departments Conditions of Approval CUP No. 2009-084 2 of 7 General Conditions Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2009-084 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2009- 084, Amended No. 1, dated March 4, 2009. 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. 40567, Plot Plan No. 2009-052, Conditional Use Permit No. 3487, Conditional Use Permit No. 2009-084, Conditional Use Permit No. 2009-085, Tentative Parcel Map No. 34318 and Variance No. 1782. 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. 2009-084 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 15', 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. 2009-052. 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. 40567. Conditions of Approval CUP No. 2009-084 4 of 7 Section II: Planninq Conditions of Approval Conditions of Approval CUP No. 2009-084 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. 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 vears of aae. e. No sale of alcoholic beverages shall be made from a drive-in window. Conditions of Approval CUP No. 2009-084 6 of 7 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, as defined in Ordinance No. 857, 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 Name (please print) Date Title (please print) Conditions of Approval CUP No. 2009-084 7 of 7