PC12-107Resolution PC 12-107
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING CONDITIONAL USE PERMIT NO. 2012-010 FOR SALE OF BEER AND
WINE FOR OFFSITE CONSUMPTION and A FINDING OF PUBLIC NECESSITY
AND CONVENIENCE FOR THE BJ's RESTAURANT AND BREWHOUSE LOCATED
AT 30208 HAUN ROAD.
Whereas, in January 9, 2012, the applicant, Fancher Development Services,
filed a formal application with the City of Menifee for a conditional use permit proposing
to allow the sale of beer and wine for off -premises consumption at a proposed 7,453 sq.
ft. restaurant located at 30208 Haun Road in the Countryside Marketplace within the City
of Menifee (BJ's Restaurant sells growlers (similar to a jug), six packs, bottles and kegs
of their handcrafted beers for off -site consumption); and,
Whereas, on March 13, 2012, the Planning Commission held a duly noticed
public hearing on the Project, considered all public testimony as well as all materials in
the staff report and accompanying documents for Conditional Use Permit No. 2012-010,
which hearing was publicly noticed by a publication in the newspaper of general
circulation, an agenda posting, and notice to property owners within 1,500 feet of the
Project boundaries, and to persons requesting public notice; and,
Whereas, at the March 13, 2012 Planning Commission public hearing, the
Commission found that:
Consistency with the General Plan. The conditional use permit is consistent with
the General Plan Land Use Map and applicable General Plan objectives,
policies, and programs.
The project site has a General Plan Land Use designation of Commercial Retail.
The proposed restaurant including sale of beer and wine for offsite consumption
is consistent with the land use designation.
The proposed use is consistent with General Plan Policy LU 3.1 a.
"Accommodate communities that provide a balanced mix of land uses, including
employment, recreation, shopping and housing." BJ's restaurant and brewery
provides a unique service within the Countryside Marketplace and will contribute
to providing a diverse mix of land uses. The community has expressed a desire
for more restaurants in particular and this use contributes to that goal.
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.
2. Consistency with the Zoning Code.
The project site is within Specific Plan No. 194, "The Countryside Specific Plan".
The Specific Plan provides land use and zoning for the property as well as
design guidelines. The Specific Plan designates this property for commercial
land uses. The restaurant including sale of beer and wine for off site
consumption is allowed under the specific plan zoning.
Ordinance No. 348, Section 18.48 "Alcoholic Beverage Sales" regulates the sale
of alcohol in the City of Menifee. The sale of alcoholic beverages for off-
Resolution No PC 12-107
2012-010 CUP
March 13, 2012
premises consumption is allowed in the General Commercial zone (which the SP
zoning ordinance refers back to) with approval of a conditional use permit.
The restaurant is not situated in 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. The surrounding uses do not include schools, churches or public
parks. There is a regional trail to the west of the project within the Paloma Wash;
however, this trail is fenced off and across the street from the shopping center. A
school is currently proposed to be located approximately 1,550 feet to the south
and west of the shopping center site; however, there are no anticipated traffic
impacts from this restaurant to that school. The BJ's Restaurant is a restaurant
and brewery and is not a liquor store, mini -marts, service station or similar use
therefore; the additional restrictions added by City Ordinance No. 2009-050
would not apply to this conditional use permit. In addition, Ordinance No. 2009-
050 does not appear to have contemplated a brewery type use.
3. Surrounding Uses. Approval of the application will not create conditions
materially detrimental to the public health, safety and general welfare or injurious
to or incompatible with other properties or land uses in the project vicinity.
The project site is within the existing Countryside Marketplace Shopping Center.
The restaurant use within the project site was contemplated under the original
approval. The sale of beer for offsite consumption is an ancillary use and not the
primary use for the restaurant. The surrounding uses include other
commercial/retail uses to the north, south and east. The property to the west of
the site across Haun Road is proposed to be commercial uses. A school is
currently proposed to be located approximately 1,550 feet to the south and west
of the shopping center site; however, there are no anticipated traffic impacts from
this restaurant to that school. The nearest residential uses are located
approximately 1,500 feet to the north of the site, north of Newport road and west
of the Paloma Channel. Residences are also located on the east side of
Interstate 215 approximately 2,000 feet to the east of the site and also south of
La Piedra and west of Sherman Road approximately 2,000 feet to the south of
the site. The project is consistent with the surrounding commercial uses. Due to
the distance to residential uses, the use is not anticipated to be cause impacts to
residential uses.
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. 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. 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
Approval of the application will not create conditions materially detrimental to the
public health, safety and general welfare or injurious to or incompatible with other
properties in the project vicinity.
Resolution No PC 12-107
2012-010 CUP
March 13, 2012
4. Public Necessity and Convenience Findings
a. 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;
b. The California Alcoholic Beverage Control Board has determined that for this
census tract five (5) licenses are allowed (eight (8) licenses exist). This
project exceeds this allotment by an additional one (1) license for a total of
nine (9) licenses within the census tract. Therefore, this census tract is over
,concentrated by ABC's determination.
c. The year 2000 census population for Census Tract No. 42712 was 7,539
persons according to the US Census Bureau (Census 2000 Summary File 3).
However, using current population counts, Census Tract No. 42712 is not
over concentrated with Type 20 and Type 21 combined liquor licenses.
However, the 2007 population of Census Tract No. 42712, according to
County -maintained demographics, was 15,317 persons. The 2010
population projection of Census Tract No. 42712, according to County -
maintained demographics, was 17,858 persons.'
d. 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)
e. 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).
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.
g. A population of 15,317 persons (the 2007 estimated population for Census
Tract No. 42712) would allow for a maximum concentration of twelve
combined (Type 20 and Type 21) liquor license within the census tract.
h. Eight combined (Type 20 and Type 21) licenses are currently issued in
Census Tract No. 42712. The existing eight licenses equate to approximately
0.67 licenses per 1,250 persons, roughly two-thirds the allowable
' The boundaries of the census tracts were revised in 2010 and there are census tract population estimates
available for the new census tracts; however, ABC has not revised the licenses allowed within each new
census tract yet and they are still using the old census tract boundaries to determine the licenses allowed.
Specifically, this project site is actually in new census tract 42742, but ABC still uses census tract 42712.
Resolution No PC 12-107
2012-010 CUP
March 13, 2012
concentration. The allowance of the one (1) addition license would equate to
0.75 licenses per 1,250 persons.
Census Tract No. 42712 is not over concentrated with Type 20 and Type 21
combined liquor licenses.
No schools are located within 1,000 feet from the proposed project. A school
is proposed to the south and west of the site; however, it is located
approximately 1,550 feet from the school.
k. The project will not cause undue traffic burden on any school, a public facility.
The project is not located within 100 feet of existing and habited residences.
The nearest residential uses are located approximately 1,500 feet to the north
of the site, north of Newport road and west of the Paloma Channel.
Residences are also located on the east side of Interstate 215 approximately
2,000 feet to the east of the site and also south of La Piedra and west of
Sherman Road approximately 2,000 feet to the south of the site. The project
will not interfere with the quiet enjoyment of the property by residents.
m. The project is not located within 1,000 feet of an existing Public Park,
playground, established place or religious worship. A park is planned
approximately 500 feet to the west of the site within the Menifee Town Center
Specific Plan. The planned park is separated from the site by Haun Road,
which is a major street, and the Paloma Wash. The planned park would be
adequately buffered from the use by the road and wash.
n. The project does provide the public necessity or convenience for the
residents of the surrounding community. BJ's Restaurant has been brewing
beer at their restaurants since 1996. Most restaurants do not brew their own
beer. This is something different and unique to the area.
o. The project will not interfere with the quiet enjoyment of the property by
residents.
5. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
The project is to review the tenant specific site plan, elevations and floor plans of
BJ's Restaurant located in a pad that was originally identified and entitled under
Conditional Use Permit No. 3475 for restaurant uses and add the sale of beer for
offsite consumption. All impacts related to Conditional Use Permit No. 3475,
including traffic, parking, restaurant use, architecture and aesthetics were
analyzed in an Environmental Impact Report No. 488, which was certified by the
Riverside County Board of Supervisors as part of the approval of Conditional Use
Permit No. 3475. No further environmental review is required.
Resolution No PC 12-107
2012-010 CUP
March 13, 2012
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
1. The Findings, including the public necessity and convenience finding, set
out above are true and correct.
2. Conditional Use Permit No. 2012-010, 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 March 13, 2012.
PASSED, APPROVED AND ADOPTED THIS 131" DAY OF MARCH 2O12.
A
,A*
Bill Zimm m airman
ATTEST:
Jennifer Allen, Planning Commission Secretary
Approved
Joseph W/F//rdjcher, Interim City Attorney
John V. Denver
Mayor
Thomas Fuhrman
Mayor Pro Tem
Wallace W. Edgerton
Councilmember
Darcy Kuenzi
Councilmember
Sue Kristjansson
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, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC12-107 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
13th day of March, 2012 by the following vote:
Ayes: Liesemeyer, Matelko, Thomas, Warren, Zimmerman
Noes: None
Absent: None
Abstain: None
ennifer Allen, Planning Commission Secretary
G%-ry of
EN4 FE d
Conditions of Approval for
Conditional Use Permit No. 2012-010
BJ's Restaurant and Brewhouse — Eating establishment with
Sale of Beer for Offsite Consumption.
General Conditions
Description. The conditional use permit proposes to allow the sale of beer and
wine for off -premises consumption. BJ's Restaurant sells growlers (similar to a
jug), six packs, bottles and kegs of their handcrafted beers for off -site
consumption (Type 20 License).
2. 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 application 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 Plot Plan No. 2012-010 (PP 2012-010).
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of 2012-010 CUP shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2012-010
Gas Station and Convenience Store, dated 2/24/12.
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
Conditions of Approval CUP No. 2012-010 1 of 4
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.
6. 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.
7. 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.
8. 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.
9. Comply with All Conditions. The applicant/developer shall comply with all
terms and conditions of Conditional Use Permit No. 3475 (Riverside County
approval of the entire shopping center) and Plot Plan No. 2012-009 (revision to
site plan layout, elevations and floor plans on original CUP3475).
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. 2012-010 2 of 4
11. Comply with Ordinance. The development of these premises shall comply with
the standards of Menifee Municipal Code, Ordinance No. 348 and all other
applicable ordinances and State and Federal codes, including but not limited to
the following California Business and Professions Code sections and the
California Department of Alcoholic Beverage Control rules.
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. 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.
13. New Ownership. The conditional use permit is valid for "BJ's Restaurant and
Brewery" and is non -transferable. Should the business be sold, the new owners
must contact the Planning Department staff and apply for a new conditional use
permit.
14. State of California Department of Alcoholic Beverage Control (ABC)
License. The property owner or convenience store operator is responsible for
obtaining the appropriate ABC license. Proof of such license shall be submitted
to the City.
15. Alcohol Education. The owner and the management of the restaurant/bar 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.
16. Alcohol Warnings. The owner and the management of the restaurant/bar 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.
17. Alcohol Training. The owner and the management of the restaurant/bar shall
provide adequate training for all employees at the location as to these matters.
18. Taxi Call Program. The establishment shall maintain a program of calling taxi
cabs for patrons on request for the purpose of preventing driving while
intoxicated and shall maintain this service. Signage offering this service shall be
displayed behind the bar.
Conditions of Approval CUP No. 2012-010 3 of 4
19. Beer and Wine Only. This approval is for the sale of beer and wine for offsite
consumption only. Distilled spirits and/or liquor cannot be sold for off site
consumption from this restaurant.
20. 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.
21. 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.
END OF CONDITIONS
Conditions of Approval CUP No. 2012-010 4 of 4