PC12-126Resolution PC 12-126
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING CONDITIONAL USE PERMIT NO. 2012-119 FOR A LIQUOR STORE
WITH THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR OFFSITE
CONSUMPTION FOR PLAZA WINE AND SPIRITS
LOCATED AT 27134 SHADEL ROAD (APN 333-030-009).
Whereas, August 28, 2012, the applicant, Mehul A. Patel, filed a formal
application with the City of Menifee for a conditional use permit proposing to allow a
liquor store with the sale of beer, wine and distilled spirits for off -premises consumption
at Plaza Wine and Spirits within an existing approved (pursuant to historic Riverside
County building permits) retail shopping center located at 27134 Shadel Road in the City
of Menifee; and,
Whereas, on October 23, 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. 2012-119,
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 October 23, 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 Commercial Retail land use designation allows for allows for local and
regional serving retail and service uses. The proposed use is consistent with the
land use designation. The proposed land use designation on the City's General
Plan is Economic Development Corridor. The project is consistent with the
Economic Development Corridor land use.
There is a reasonable possibility that the project will be consistent with the future
general plan; therefore, the project 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 Ordinance No.
348.
The project site is within the Scenic Highway Commercial (C-P-S). The Scenic
Highway Commercial zone allows for specific wholesale and retail commercial
uses with approved Plot Plans and limited commercial uses with approved
Conditional Use Permit. Specifically, the Scenic Highway Commercial zone
allows for a liquor store with approval of a conditional use permit and subject to
the provisions of Section 18.48 (Alcoholic Beverage Sales). The proposed Plaza
Wine and Spirit liquor store will be located within an existing commercial center
which was approved prior to the requirement for a Plot Plan.
Resolution No PC 12-126
2012-119 CUP
October 23, 2012
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.
The project 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 within 500 feet of the nearest
boundary of a public or private school, church (or similar facility for the sole
purpose of the exercise of religion) or public or private park or playground.
There is no other liquor store, convenience store, mini -mart or service station
selling beer or wine within the shopping center. The closest sensitive use, Hans
Christensen Middle School, is located 1,500 feet to the east of the project site
and behind the existing mobile home park on Shadel Road.
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 proposes a liquor store with the sale of beer, wine and distilled spirits
for offsite consumption. The surrounding uses include other vacant property to
the south (designated for commercial uses), a hotel to the north, mobile home
park to the east and Interstate 215 to the west. Within the commercial center are
glass shops, the Ponderosa a bar and restaurant, medical supply shop,
upholstery shop, beauty shop, home care provider, and a carpet care supply
shop.
The site would not create conditions incompatible with the residential uses to the
east. The proposed project is located within an existing shopping center. The
proposed liquor store would be located approximately 250 feet from the rear
property line of the closest mobile home lots. The mobile home park is gated
and the mobile homes front/face the interior of the property. The liquor store is
not anticipated to result in impacts to the mobile home park because there is a
sufficient buffer between the uses. A middle school is located 1,500 feet to the
east of the site; however, it is separated from the liquor store by the mobile home
park. Due to the distance and uses separating the school and convenience
store, the school is adequately buffered from the convenience store.
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 12-126
2012-119 CUP
October 23, 2012
5. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
The proposed use has been determined to be Categorically Exempt (Class I —
Existing Facilities) under the California Environmental Quality Act (CEQA) and
CEQA Guidelines, because it will be occupying an existing structure and will
involve no expansion of the use beyond that existing at the time of the City's
determination.
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
1. Conditional Use Permit No. 2012-119, 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 October 23, 2012.
PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF OCTOBER 2012.
Bill Zimmerman, Chair
ATTEST:
Jennifer Allen, Planning Commission Secretary
Approved as to form:
Joseph W. Fletcher, City Attorney
Resolution No PC 12-126
2012-119 CUP
October 23, 2012
5. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
The proposed use has been determined to be Categorically Exempt (Class I —
Existing Facilities) under the California Environmental Quality Act (CEQA) and
CEQA Guidelines, because it will be occupying an existing structure and will
involve no expansion of the use beyond that existing at the time of the City's
determination.
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
1. Conditional Use Permit No. 2012-119, 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 October 23, 2012.
PASSED, APPROVED AND ADOPTE THIS 3`DAY OF OCTOBER 2012.
Matt Liesemeyer, Vice/C airman
ATTEST:
nni er Allen, Planning Commis ' n Secretary
Approved as totem: 1
Joseph W. FJE hpf, City
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 95i•679.3843
www.cityofmenifee.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. PC12-126 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
23`d day of October, 2012 by the following vote:
Ayes:
Liesemeyer, Matelko,Thomas, Warren
Noes:
None
Absent:
None
Recuse:
Zimmerman
Len i er Allen, Planning Commission Secretary
e
r
Conditions of Approval for
Conditional Use Permit No. 2012-119
Sale of Beer, Wine and Distilled Spirits for Plaza Wine and Spirits
General Conditions
1. Description. The conditional use permit proposes to allow a liquor store with the
sale of beer, wine and distilled spirits (Type 21) for off -premises consumption at
Plaza Wine and Spirits within an existing approved (pursuant to historic Riverside
County building permits) retail shopping center located at 27134 Shadel Road
(APN 333-030-009).
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-
119 Conditional Use Permit (2012-119 CUP).
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of 2012-119 CUP shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2012-119
dated 8/28/12.
APPROVED EXHIBIT C = Floor Plans for Conditional Use Permit No. 2012-119
dated 8/28/12.
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
Conditions of Approval CUP No. 2012-119 1 of 5
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 dev0elopment 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. 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.
10. 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.
Conditions of Approval CUP No. 2012-119 2 of 5
The development of the premises shall conform substantially with that as shown
on APPROVED EXHIBIT A, unless otherwise amended by these conditions of
approval.
11. 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.
12. New Ownership. The conditional use permit is valid for Plaza Wine and Spirits
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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Beer, Wine and Distilled Spirits. This approval is for a liquor store with the sale
of beer, wine and distilled spirits for offsite consumption only.
18. 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.
19. Alcohol Sales from Drive -up Windows. No sale of beer, wine or distilled spirits
shall be made from a drive -up window.
20. Bar or Restaurant Not Approved. The CUP is not for the approval of a bar or
restaurant.
21. Tables or Chairs Not Approved. There shall be no tables or chairs available
for patrons to eat or drink at the liquor store location.
22. Live Entertainment, Music or Dancing Not Approved. The CUP is not for the
approval of live entertainment, music or dancing.
Conditions of Approval CUP No. 2012-119 3 of 5
23. 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.
24. 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.
25. Security Systems. Prior to the issuance of final occupancy, the applicant shall
prepare a security plan for the site. Pursuant to correspondence dated
September 26, 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.
26. 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. 2012-119 4 of 5
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. 2012-119 5 of 5