PC12-120Resolution PC 12-120
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING CONDITIONAL USE PERMIT NO.2012-111 FOR SALE OF BEER,
WINE and DISTILLED SPIRITS FOR OFFSITE CONSUMPTION and A FINDING OF
PUBLIC NECESSITY AND CONVENIENCE FOR THE CVS PHARMACY
LOCATED AT 26973 NEWPORT ROAD.
Whereas, on August 10, 2012, the applicant, MileStone Management, filed a
formal application with the City of Menifee for a conditional use permit proposing to allow
the sale of beer, wine and distilled spirits for off -premises consumption at a CVS
Pharmacy previously approved under Plot Plan No. 2010-064 located at 26973 Newport Road.
within the City of Menifee; and,
Whereas, on September 25, 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. 2012-111,
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 September 25, 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 Business Park. The
Business Park land use designation allows for employee -intensive uses,
including research and development, technology centers, corporate and support
office uses, "clean" industry and supporting retail uses. The proposed use is
consistent with the land use designation. The proposed land use designation on
the City's General Plan is "Specific Plan". The Specific Plan land use for the site
designates the property for commercial and office uses. The project is consistent
with the Specific Plan and is therefore, consistent with the proposed General
Plan land use.
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 is consistent with the Specific
Plan Zoning and Ordinance 348.
The project site is within the Cal Neva Specific Plan No. 208. The Specific Plan
provides land use and zoning for the property as well as design guidelines. The
Specific Plan designates this property for commercial and office land uses. The
use is allowed under the specific plan.
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 -
premises consumption is allowed with approval of a conditional use permit.
Resolution No PC 12-120
2012-111 CUP
September 25, 2012
The Pharmacy 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 project site is not located adjacent to schools, or religious
uses, but is located near residences. The project has been conditioned such that
displays for alcoholic beverages will not be located on exterior of the building or
within window areas, or located within five feet of any building entrance or
checkout counter.
The closest sensitive use, a church, is located 500 feet away and across
Newport Road. An elementary school is located 600 feet to the south of the site;
however, it is separated from the pharmacy by residences. CVS's primary sales
are not from alcohol. Further, the project does provide the public necessity or
convenience for the residents of the surrounding community and the project will
not interfere with the quiet enjoyment of the property by residents.
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 sale of beer, wine and distilled spirits for offsite consumption is an ancillary
use and not the primary use for the pharmacy. The surrounding uses include
other vacant property to the north and east (designated for commercial and office
uses). The property to the west of the site contains a gas station and
convenience store. The project is consistent with the surrounding commercial
uses. There are residential uses to the south of the site; however, the site has
been designed to consider the residential to the south and provides a landscape
buffer on the southern property line, the front entrance is oriented to the street,
and no signage for the sales of alcoholic beverages will be in public view. An
elementary school is located 600 feet to the south of the site; however, it is
separated from the pharmacy by residences and the project design features
described above. The church 500 feet to the north of the site is separated from
the pharmacy by Newport Road (a major arterial) and another shopping center.
Due to the distance and uses between, the church is adequately buffered from
the pharmacy.
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 12-120
2012-111 CUP
September 25, 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). Therefore,
this census tract is over concentrated by ABC's determination.
c. The licenses allowed by ABC are based on 2000 census population data.
However, using more current population counts from 2010, Census Tract No.
42712 is not over concentrated with Type 20 and Type 21 combined liquor
licenses.
d. A population of 17,858 persons (the 2010 estimated population for Census
Tract No. 42712) would allow for a maximum concentration of fourteen
combined (Type 20 and Type 21) liquor licenses within the census tract
based on the one license for every 1,250 persons.
e. Eight combined (Type 20 and Type 21) licenses are currently issued in
Census Tract No. 42712. Therefore, using current population data, Census
Tract No. 42712 is not over concentrated with Type 20 and Type 21
combined liquor licenses.
f. The project will not cause undue traffic burden on any school or public facility.
g. The project is located within 100 feet of existing and habited residences. The
site has been designed to consider the residential to the south and provides a
landscape buffer on the southern property line, the front entrance is oriented
to the street, and no signage for the sales of alcoholic beverages will be in
public view. The project will not interfere with the quiet enjoyment of the
property by residents.
h. An elementary school is located 600 feet to the south of the site; however, it
is separated from the pharmacy by residences and the project design
features described above.
A church is located 500 feet to the north of the site, but is separated from the
pharmacy by Newport Road (a major arterial) and another shopping center.
Due to the distance and uses between, the church is adequately buffered
from the pharmacy.
The project does provide the public necessity or convenience for the
residents of the surrounding community. The CVS pharmacy and drug store
primarily is engaged in the sale of household goods, groceries, personal
goods and prescriptions and the sale of alcohol is ancillary. Residents
picking up other
Resolution No PC 12-120
2012-111 CUP
September 25, 2012
k. 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.
All impacts related to the conditional use permit application were analyzed in an
Environmental Assess ment/Mitigated Negative Declaration prepared for the
original plot plan application (2010-064 PP) and original conditional use permit
(2010-065 CUP), which was adopted by the City of Menifee City Council.. No
new environmental impacts have been identified. No further environmental
review is required. The previously prepared MND is still accurate for this
approval.
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
The Findings, including the public necessity and convenience finding, set
out above are true and correct.
2. Conditional Use Permit No. 2012-111, 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 September 25, 2012.
PASSED, APPROVED AND ADOPTED THIS 25th DAY OF SEPTEMBER 2012.
-r--o,X
Bill Zimmerm�, air
ATTEST:
(ennft'kleh', Pla ommission Secretary
John V. Denver
Mayor
Thomas Fuhrman
Mayor Pro Tern
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.cityofrnen1fee.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. PC12-120 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
25th day of September, 2012 by the following vote:
Ayes:
Liesemeyer, Matelko, Warren, Zimmerman
Noes:
None
Absent:
Thomas
Abstain:
None
�i
J ni r Allen, Planning Commission Secretary
ovey OR
ENIFE
Conditions of Approval for
Conditional Use Permit No. 2012-111
Sale of Beer, Wine and Distilled Spirits for CVS Pharmacy
General Conditions
1. Description. The conditional use permit proposes to allow the sale of beer, wine
and distilled spirits for off -premises consumption at a CVS Pharmacy previously
approved under Plot Plan No. 2010-064 (Type 21 License).
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 application or the
City'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 any agency or instrumentality
thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning Planning Application No. 2012-
111 Conditional Use Permit (2012-111 CUP).
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of 2012-111 CUP shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2012-111
Gas Station and Convenience Store, dated 8/22/12.
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
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,
Conditions of Approval CUP No. 2012-111 1 of 4
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 Planning Case No. 2010-064 Plot Plan (Entitlement for
CVS Pharmacy).
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.
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.
Conditions of Approval CUP No. 2012-111 2 of 4
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 CVS 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 project 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 project 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 project shall provide
adequate training for all employees at the location regarding the sale of alcohol.
18. Beer, Wine and Distilled Spirits. This approval is for the sale of beer, wine and
Distilled Spirits for offsite consumption only.
19. Alcohol Displays. No displays of beer, wine or distilled spirits shall be located
within five feet of any building entrance or checkout counter.
20. Alcohol Sales Locations. Cold beer, wine or distilled spirits shall be sold from
or displayed in, the main, permanently affixed electrical coolers only.
21. 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.
22. 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.
23. Alcohol Sales from Drive -up Windows. No sale of beer, wine or distilled spirits
shall be made from a drive -up window.
24. Liquor Store Not Approved. The CUP is not for the approval of a liquor store.
Conditions of Approval CUP No. 2012-111 3 of 4
25. Bar or Restaurant Not Approved. The CUP is not for the approval of a bar or
restaurant.
26. Tables or Chairs Not Approved. There shall be no tables or chairs available
for patrons to eat or drink at the drug store location.
27. Live Entertainment, Music or Dancing Not Approved. The CUP is not for the
approval of live entertainment, music or dancing.
28. 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.
29. 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.
30. Security Systems. Prior to the issuance of final occupancy, the applicant shall
prepare a security plan for the site. Pursuant to correspondence dated May 3,
2012 from the Riverside County Sherriff's Department, in addition to the common
burglary/security alarm system, the applicant shall also install exterior cameras to
monitor all parking stalls surrounding the exterior of this store. These cameras
shall be attached to the proposed light poles in the parking lot and/or the exterior
of the building itself. Security cameras shall be installed in the interior of this
business that records the shopping isles as well as the counters and cash
registers. The interior and exterior cameras shall be equipped with recording
capabilities allowing it to save a minimum of four months of recording time.
31. Security Systems. The Riverside County Sheriff Department and/or Planning
Department shall verify that the security system has been installed in compliance
with the Riverside County Sherriff Department's requirements prior to final
occupancy.
END OF CONDITIONS
Conditions of Approval CUP No. 2012-111 4 of 4