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