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PC11-074Resolution PC 11-074 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMEDING APPROVAL OF CONDITIONAL USE PERMIT NO. 2011-008 (COUNTY CASE CUP 3562) Whereas, on August 27, 2007 the applicant, Steve Jones, filed formal a application with the County of Riverside (the local government authority for the project area at that time) for Conditional Use Permit No. 3562 (City Case # Conditional Use Permit 2011-008) for a gas station and convenience store with the concurrent sale of beer and wine for off -premises consumption. Whereas, in July 2009, the project was transferred to the City of Menifee Planning Department; and, Whereas, on April 26, 2011, the Planning Commission held public hearing on the Project, 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 April 26, 2011 Planning Commission public hearing, the Commission continued the project to May 10, 2011; and, Whereas, the Planning Commission held a subsequent public hearing on May 10, 2011, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11 and at the May 10, 2011 Planning Commission the project was continued to the June 14, 2011 Planning Commission; and, Whereas, the Planning Commission held a subsequent public hearing on June 14, 2011, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11 and at the May 10, 2011 Planning Commission the project was continued to the July 26, 2011 Planning Commission; and, Whereas, the Planning Commission held a subsequent public hearing on July 26, 2011, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11 and at the May 10, 2011 Planning Commission the project was continued to the August 23, 2011 Planning Commission; and, Whereas, the Planning Commission held a subsequent public hearing on August 23, 2011, 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, at the August 23, 2011 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. There are currently no general plan land use changes proposed on the City's General Plan for this property, and therefore; the project is anticipated to be consistent with the proposed general plan, including a housing element that is consistent with the state housing element law. Resolution No. PC 11-074 CUP 2011-008 Gas Station August 23, 2011 3. The project is consistent with the existing general plan land use and there is a reasonable possibility that the project will be consistent with future general plan and; therefore, shall not interfere with the future adopted general plan, including a housing element that is consistent with the state housing element law. 4. The project proposes a gasoline service station and convenience store, with the sale of beer and wine for off -site consumption, located on the northeast corner of Highway 74 and Trumble Road which is an existing industrial and commercial portion of the City. The project promotes the vision and values by focusing growth in an urban area. The project is not inconsistent with the vision and values of Menifee. 5. The conditional use permit is consistent with Ordinance No. 348, Section 18.28, which provides for conditional use procedures, enforcement, and revocations; 6. 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; 7. 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; 8. 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; 9. 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; 10. 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; 9. According to County of Riverside demographics, the estimate population for 2010 within Census Tract No. 42718 was approximately 13,217 persons. 10. 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) Resolution No. PC 11-074 CUP 2011-008 Gas Station August 23, 2011 11. 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). 12. A population of 13,217 persons would allow for a maximum concentration of ten combined (Type 20 and Type 21) liquor license within the census tract. 13. Five (5) combined (Type 20 and Type 21) licenses are currently issued in Census Tract No. 42718. The existing five licenses equate to approximately 0.5 licenses per 1,250 persons, roughly half the allowable concentration. The allowance of the one (1) additional license would equate to 0.6 licenses per 1,250 persons. 14. Census Tract No. 42718 is not over concentrated with Type 20 and Type 21 combined liquor licenses. 15. The proposed project site is not located within 100 feet of existing and habited residences. 16. 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. 17. 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. 18. 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. 19. The project does provide the public necessity or convenience for the residents of the surrounding community to the south and east. 20. 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. 2011-008 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 August 23, 2011. Resolution No. PC 11-074 CUP 2011-008 Gas Station August 23, 2011 PASSED, APPROVED AND ADOPTED T . S 23`d Y OF AUGUST 2011. Chris Thomas, Chair ATTEST: J nifer Allen, Planning Commission Secretary Approved as to form: 16ieu Karen Feld, City Attorney Wallace W. Edgerton Mayor John V. Denver Mayor Pro Tern Darcy Kuenzi Councilmember Thomas Fuhrman Councilmember Sue Kristlansson Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofrnenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC11-074 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 23rd day of August, 2011 by the following vote: Ayes: Matelko, Miller, Zimmerman, Thomas Noes: None Absent: Liesemeyer Abstain: None 7'ennifer Allen, Planning Commission Secretary EXHIBIT 999" Conditions of Approval for CUP 2011-008 Gasoline Service Station and Convenience Store 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 Conditions Applicable to all Departments Conditions of Approval CUP No. 2009-143 2 of 8 General Conditions 1. Description. The use hereby permitted is to allow the use for the gasoline service station and convenience store, with the concurrent sale of beer and wine for off -premises consumption (License Type 20). 2. 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 Plot Plan 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, concerning the Environmental Assessment and any approval hereunder. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of 2011-008 CUP Gas Station and Convenience Store shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2011-008 Gas Station and Convenience Store, dated 1/13/11. 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. Conditions of Approval CUP No. 2009-143 3 of 8 6. Mitigation Monitoring Plan. The developer shall comply with the mitigation monitoring plan (attached). 7. 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. 8. 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. 9. 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. 10. Expiration Date. 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. Conditions of Approval CUP No. 2009-143 4 of 8 Section 11: Planning Conditions of Approval Conditions of Approval CUP No. 2009-143 5 of 8 General Conditions 11. 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. 12. Comply with Conditions of Plot Plan No. 2010-058. The developer shall comply with all conditions of Plot Plan No. 2010-058 prior to establishment of use and/or occupancy. 13. 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. 14. 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. 15. 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. 16. 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. 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. Conditions of Approval CUP No. 2009-143 6 of 8 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 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. 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. 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. FEES 18. 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