PC10-055Resolution No. 10-055
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
RECOMMENDING APPROVAL OF 2010-065 CUP CVS TO ALLOW THE SALE OF
BEER, WINE AND DISTILLED SPIRITS FOR OFF -SITE CONSUMPTION AND
MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR
THE ALCOHOLIC BEVERAGE LICENSE
Whereas, On April 06, 2010, the applicant, Dan Schultz for CVS, filed a formal
application with the City of Menifee for 2010-065 CUP CVS to allow the sale of beer,
wine and distilled spirits for off -site consumption; and
Whereas, on November 9, 2010, the Planning Commission held a duly noticed
public hearing on 2010-065 CUP CVS, 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 November 9, 2010, the Planning Commission made the following
findings for 2010-065 CUP CVS:
1. An Environmental Assessment was prepared for the proposed project. The
Environmental Assessment determined that the proposed project could not have
a significant effect on the environment and a Mitigated Negative Declaration was
prepared and recommended to the City Council for approval;.
2. The related City of Menifee-approved Plot Plan 2010-064 and Specific Plan
Amendment 2010-066 also were heard and recommended for approval on
November 9, 2010; and
3. The conditional use permit is consistent with the General Plan Land Use Map
and applicable General Plan objectives, policies, and programs; and
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, east and west are commercially
zoned and the area to the south is single-family homes that could benefit from a
drug 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
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Resolution No. 2010-055
Approval of 2010-065 CUP CVS
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 license (a Type 21 license for the
sale of beer, wine and distilled spirits for offsite consumption) at an existing drug
store; and
11. The project site is located in U.S. Census tract 427.12; 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 1,250 persons (ABC
Act, California Business and Professions Code section 23958.4) is allowed for an
overall allotment of 5 licenses, but 8 such retail licenses have been issued; and
13. The Type 21 license at the CVS drug store 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:
(a) The sale of beer, wine and distilled spirits for off -site consumption (a Type
21 ABC retail license) at the drug store will be a necessity and
convenience for the inhabitants of the census tract in that the nearest
Type 20 license in the census tract is .5 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 drug 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 a drug 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 and wine for off -site consumption in association with a
drug store will not be situated in such a manner that will cause undue
4836-7317-7863.1
Resolution No. 2010-055
Approval of 2010-065 CUP CVS
vehicle traffic to any school, church, public park or playground, in that
there are no schools, churches, public parks or playgrounds within 500
feet of the boundaries of the store; and
(e) The drug store is located adjacent to existing and inhabited residences;
and
(f) The drug 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 Planning Commission of the City of Menifee resolves
and orders as follows:
The Findings set out above are true and correct.
2. The Planning Commission recommends Approval of 2010-065 CUP CVS,
subject to the Conditions of Approval in Exhibit "A" to this resolution.
PASSED, APPROVED AND ADOPTED this 9th day of November, 2010.
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Attest: Approved as to form:
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Kathy Bennett, City Clerk
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Karen Feld, City Attorney
4836-7317-7863.1
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 951.679.3843
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. 10-055 was duly adopted by the Planning Commission
of the City of Menifee at a meeting thereof held on the 91h day of November, 2010
by the following vote:
Ayes:
Miller, Thomas, Vesey, Liesemeyer
Noes:
Zimmerman
Absent:
None
Abstain:
None
hqwu,zf -
KathBennett, City Clerk
EXHIBIT "A"
CONDITIONS OF APPROVAL - STANDARD
General
Description. 2010-065 CUP CVS Permitting the sale of beer, wine and distilled spirits
for offsite consumption (California Alcohol Beverage Control type 21 full liquor license).
2. Zoning Compliance. The project shall conform to the Scenic Highway Commercial (C-P-
S) zoning regulations.
3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold
harmless, the City and any agency or instrumentality thereof, and/or any of its officers,
employees and agents (collectively the "City") 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 the City's
approval thereof, or from any proceedings against or brought against the City, 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 any agency or instrumentality thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City.
4. 90 Days. 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. City of Menifee. 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 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. Incorporated City. 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 2010-065 CUP CVS.
8. 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.
9. Ceased Operations. In the event the use hereby permitted ceases operations for a
continuous period of one (1) year or more, this approval shall become null and void.
Nothwithstanding, neither the foregoing nor Ordinance 348, Section 18.31 (a)(4) or any
successor thereto shall be applied to render this CUP null and void in the event that
cessation of operations is due to a natural disaster, fire or similar event beyond the
control of Applicant.
10. Business Registration. 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 of Menifee.
11. Expiration Date. This approval shall be used within one (1) year of the approval date;
otherwise, it shall become null and void and of no effect whatsoever. By use is meant
the commencement of sales as contemplated by this approval. Prior to the expiration of
the one year period, the permittee may request a one (1) year extension of time in which
to begin use of this permit. Should the time period established by any of the extension of
time requests lapse, or should both (2) one-year extensions be obtained and no
substantial use of this plot plan be initiated within three (3) years of the effective date of
the issuance of this Conditional Use Permit, this Conditional use Permit shall become
null and void.
12. 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.
12. State of California Department of Alcoholic Beverage Control (ABC) License. The
store operator is responsible for obtaining the appropriate ABC license. Proof of such
license shall be submitted to the City. The store operator must be in compliance with
the requirements of the ABC license at all times.
At All Times During the Operation of the Drug store
13. Alcohol Education. The owner and the management of the existing drug 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 existing drug 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 existing drug store shall
provide adequate training for all employees at the location as to these matters.
16. Alcohol Displays. No displays of beer, wine or distilled spirits 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 distilled spirits advertising shall be located on
the exterior of buildings or within window areas. The word "liquor" is permitted as shown
on the North and West elevation as approved by Plot Plan 2010-064.
19. Alcohol Sales by Employees. Employees selling beer, wine or distilled spirits 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 beer, wine or distilled spirits shall
be made from a drive -up window.
21. Liquor Store Not Approved. The CUP is not for the approval of a liquor store.
22. Bar or Restaurant Not Approved. The CUP is not for the approval of a bar or
restaurant.
23. Tables or Chairs Not Approved. There shall not be tables or chairs to eat or drink at
the drug store location.
24. Live Entertainment, Music or Dancing Not Approved. The CUP is not for the
approval of live entertainment, music or dancing.
Authorized Signatory
CVS
Date