PC10-050Resolution 10-050
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
RECOMMEDING APPROVAL OF CONDITIONAL USE PERMIT NO.2009-143
(COUNTY CASE CUP 3597)
Whereas, in June 2008 the applicant, Fred Grimes, filed formal applications with
the County of Riverside (the local government authority for the project area at that time)
for Conditional Use Permit No. 3597 (City Case #2009-143) (the "Project") to allow the
use for the car wash, convenience store and gasoline service station, with the
concurrent sale of beer and wine for off -premises consumption within Parcel 3 of
Tentative Parcel Map No. 35621; and
Whereas, on March 10, 2008, the County of Riverside publicly noticed its
decision to prepare an environmental impact report (EIR) for the Project by noticing the
State Clearinghouse, related agencies, and other government agencies; and
Whereas, on April 21, 2008, the County of Riverside Planning Director held a
duly noticed public scoping meeting regarding the preparation of the EIR to discuss and
hear from the public on the potential environmental impacts, which meeting was publicly
noticed by a publication in the newspaper of general circulation, an agenda posting,
notice to property owners within a 600-foot radius from the Project site boundaries, at
least 10 days prior to the public meeting; and
Whereas, on October 1, 2008, the City of Menifee incorporated and then
became the local government authority for the project area; and
Whereas, between December 14, 2009 and February 1, 2010, the State -
mandated 45-day public review period for the Draft EIR took effect, which was publicly
noticed by a publication in the newspaper of general circulation, notice to owners within
600 feet of the Project site boundaries, related agencies and government agencies,
copies of the Draft EIR sent to the State Clearinghouse, a copy placed at the City Hall
public counter and a copy placed at the Paloma Valley library; and
Whereas, on December 14, 2009, the Draft EIR was distributed to the Planning
Commission for review; and
Whereas, eleven comments were received during the public review period; and
Whereas, on March 9, 2010, the Planning Commission of the City of Menifee
held a duly noticed public workshop regarding the proposed project, which was publicly
noticed with an agenda posting; and
Whereas, on July 29, 2010, the Final EIR was completed and distributed to the
Planning Commission for review and distributed to those agencies and persons that
submitted written comments on the Draft EIR, and copies of the Final EIR were placed at
the City Hall public counter and at the Paloma Valley library; and
Whereas, on August 10, 2010, the Planning Commission held a duly noticed
public hearing on the EIR and the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the Statement of
Overriding Consideration of Environmental Impact and the Environmental Impact Report
(EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan
#2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No.
Resolution No. 10-050
CUP 2009-143 for Menifee Shopping Center
October 12, 2010
2009-143, 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
Whereas, at the August 10, 2010 Planning Commission public hearing, the
Commission continued the project in order for the applicant and staff to address
comment letters that were received; and,
Whereas, on August 24, 2010, the Planning Commission held a subsequent
public hearing on the EIR and the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the Statement of
Overriding Consideration of Environmental Impact and the Environmental Impact Report
(EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan
#2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No.
2009-143, which hearing did not require an additional public notice pursuant to
Ordinance 348, Section 1.11; and,
Whereas, at the August 24, 2010 Planning Commission public hearing, the
Commission continued the project in order for the applicant and staff to finalize the traffic
conditions of approval; and,
Whereas, on September 14, 2010, the Planning Commission held a subsequent
public hearing on the EIR and the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the Statement of
Overriding Consideration of Environmental Impact and the Environmental Impact Report
(EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan
#2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No.
2009-143, which hearing did not require an additional public notice pursuant to
Ordinance 348, Section 1.11; and,
Whereas, at the September 14, 2010 Planning Commission public hearing, the
Commission continued the project in order for the applicant and staff to bring back
additional information on traffic impacts; and,
Whereas, on October 12, 2010, the Planning Commission held a subsequent
public hearing on the EIR and the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the Statement of
Overriding Consideration of Environmental Impact and the Environmental Impact Report
(EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan
#2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No.
2009-143, which hearing did not require an additional public notice pursuant to
Ordinance 348, Section 1.11; and,
Whereas, at the October 12, 2010 Planning Commission public hearing, the
Commission found that:
1. The conditional use permit is consistent with the 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,
which provides for conditional use procedures, enforcement, and revocations;
Resolution No. 10-050
CUP 2009-143 for Menifee Shopping Center
October 12, 2010
3. 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, east and
west are zoned for similar uses and properties to the north are planned for
residential uses 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 when
consistent with the conditions of approval, 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 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;
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
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 currently allows five licenses
within this census tract; however, eight (8) 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. 42712 was 8,339 persons
according to the US Census Bureau (Census 2000 Summary File 3).
10. The 2007 population of Census Tract No. 42712, 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
approved residences within Census Tract No. 42712. 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
Resolution No. 10-050
CUP 2009-143 for Menifee Shopping Center
October 12, 2010
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. 42712) would allow for a maximum concentration of eleven combined (Type
20 and Type 21) liquor license within the census tract.
16. Eight (8) combined (Type 20 and Type 21) licenses are currently issued in
Census Tract No. 42712. The existing eight licenses equate to approximately
0.75 licenses per 1,250 persons, roughly three-quarters the allowable
concentration. The allowance of the one (1) additional license would equate to
0.8 licenses per 1,250 persons.
17. Census Tract No. 42712 is not over concentrated with Type 20 and Type 21
combined liquor licenses.
18. The proposed project site is not located within 100 feet of existing and habited
residences.
19. 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.
20. The project is not 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.
21. The convenience store is not located within 500 feet of a school, an existing or
planned public park, playground, or established place or religious worship.
22. The project does provide the public necessity or convenience for the residents of
the surrounding community.
23. 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 No. 2009-143 to allow the use for the car wash,
convenience store and gasoline service station, with the concurrent sale of beer
and wine for off -premises consumption, 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 October 12, 2010.
Resolution No. 10-050
CUP 2009-143 for Menifee Shopping Center
October 12, 2010
PASSED, APPROVED AND ADOPTED THIS 12T" DAY OF OCTOBER, 2010, BY THE
FOLLOWING VOTE:
Matthew Liesemeyer, Chair
ATTEST:
Kathy Bennett, City Clerk
Approved as to form:
Karen Feld, City Attorney
r pR
MENIFEE
Wallace W. Edgerton
Mayor
Fred Twyman
Mayor Pro Tern
John V. Denver
Councilmember
Darcy Kuenzi
Councilmember
Scott A. Mann
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 95i•679.3843
www.cityofinenifee. us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
foregoing Resolution No. 10-050 was duly adopted by the Planning Commission
of the City of Menifee at a meeting thereof held on the 12t' day of October, 2010
by the following vote:
Ayes: Vesey, Zimmerman, Thomas, Liesemeyer
Noes: Miller
Absent: Nona
Abstain: None
Avz�
-
Kathy Bennett, City Clerk
EXHIBIT 66
1"
Conditions of Approval for CUP 2009-143
Car Wash, Convenience Store, and Gasoline
Service Station with the Concurrent Sale of Beer
and Wine for Off -premises Consumption
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Conditions of Approval CUP No. 2009-143
1 of 8
Section I:
Conditions Applicable to all
Departments
Conditions of Approval CUP No. 2009-143 2 of 8
General Conditions
Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Conditional Use Permit No. 2009-143
shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2009-
143, Amended No. 2, dated May 1, 2009.
APPROVED EXHIBIT B = Elevations for Conditional Use Permit No. 2009-
143, Amended No. 2, dated May 1, 2009.
2. Description. The use hereby permitted is to allow the use for the car wash,
convenience store and gasoline service station, with the concurrent sale of
beer and wine for off -premises consumption within Parcel 3 of Tentative
Parcel Map No. 35621.
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 Impact Report No. 508, Tentative Parcel Map No. 35261,
Plot Plan No. 2009-121 (County Case No. 22674), Conditional Use Permit
No. 2009-143 (County Case No. CUP03596), and Conditional Use Permit
No. 2009-143 (County Case No. CUP03597).
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
Conditions of Approval CUP No. 2009-143 3 of 8
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
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 15t, 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. 2009-121.
8. Expiration Date. This approval shall be used within three (3) 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 three (3) 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. Should 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 THREE (3) YEARS OF THE DATE OF
APPROVAL OF THIS PERMIT, the permittee shall prepare and submit a
written report to the Community Development Director demonstrating
compliance with all conditions of approval and mitigation measures of this
permit and Environmental Impact Report No. 508.
Conditions of Approval CUP No. 2009-143 4 of 8
Section II:
Planning Conditions of Approval
General Conditions
Conditions of Approval CUP No. 2009-143 5 of 8
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.
e. No beer, wine or other alcoholic beverage advertising shall be located
on gasoline islands; and, no lighted advertising for beer, wine or other
Conditions of Approval CUP No. 2009-143 6 of 8
alcoholic beverages shall be located on the exterior of buildings or
within window areas.
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. 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.
18. 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.
19. 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
20. 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.
Conditions of Approval CUP No. 2009-143 7 of 8
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. 2009-143 8 of 8