PC13-139RESOLUTION NO. PC 13-139
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. 2012-187 TO PERMIT THE LUBE CENTER, CAR WASH,
CONVENIENCE STORE, AND GASOLINE SERVICE STATION WITH
THE CONCURRENT SALE OF BEER AND WINE FOR OFF PREMISES
CONSUMPTION LOCATED IN THE MENIFEE LAKES PLAZA
SHOPPING CENTER.
Whereas, on November 10, 2009, the Planning Commission approved Plot Plan
(Plot Plan No. 2009-052) and Conditional Use Permits (CUP 3487, CUP 2009-084 and
CUP 2009-085) for the construction and operation of the Menifee Lakes Plaza Shopping
Center and adopted a Mitigated Negative Declaration (EA40567) for the project; and
Whereas, upon approval of the Conditional Use Permits the applicant had two
(2) years to begin substantial constructior
substantial construction of the use had not
the Conditional Use Permit the applicant
discretionary extension; and
i or use the Conditional Use Permit and if
begun within the two (2) years of approval of
could submit for up to one (1), one-year
Whereas, the applicant submitted and received approval of the allowed one (1),
one-year discretionary extension for the CUPs; and
Whereas, no additional extensions are permitted under the provisions of the
Municipal Code and there has been no substantial construction on the project within the
three (3) year period in which to use a CUP and therefore, the CUPs have expired for
the Menifee Lakes Shopping Center; and
Whereas, on December 17, 2012, the applicant, MDMG Inc., filed a new formal
application with the City of Menifee identical to CUP 3487 for a Conditional Use Permit
proposing to permit the lube center, car wash, convenience store and gasoline service
station, with the concurrent sale of beer and wine for off -premises consumption located
within the Menifee Lakes Shopping Center located at the northwest corner of Newport
and Antelope Road in the City of Menifee; and
Whereas, on September 10, 2013 and October 8, 2013, the Planning
Commission held duly noticed public hearings on the Project, considered all public
testimony as well as all materials in the staff report and accompanying documents for
Conditional Use Permit No. 2012-187, which hearing was publicly noticed by a
publication in a 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 8, 2013 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 the development of
commercial retail uses at a neighborhood, community and regional level, as well
as for professional office and tourist -oriented commercial uses. The proposed
Resolution No PC 13-139
2012-187 CUP
October 8, 2013
use is consistent with this 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 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 the future
General Plan and, therefore, shall not interfere with the future adopted General
Plan, including a Housing Element that is consistent with State Housing law.
2. Consistency with the Zoning Code. The project is consistent with the Specific
Plan Zoning and Ordinance 348.
The project site is zoned Specific Plan No, 158, Planning Area 1-1, which refers
back to the Riverside County Ordinance No. 348 Scenic Highway Commercial
zoning classification with some modifications. Pursuant to the Scenic Highway
Commercial zone, a lube center, car wash, gasoline service station and
convenience store with the concurrent sale of beer and wine for offsite
consumption is allowed with a Conditional Use Permit,
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 gas station 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 residential uses to the north and east of the
site. The project has been conditioned such that displays for alcoholic beverages
will not be located on the exterior of the building or within window areas, or
located within five (5) feet of any building entrance or checkout counter.
The project site is located 100 feet from residential uses located across Antelope
Road to the east of the site. The gas stations primary sales are not from beer
and wine. The gas station provides adequate buffering to the residential uses.
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 and wine for offsite consumption is an ancillary use and not the
primary use for the gas station. The surrounding uses include Antelope Road and
residential uses to the north and east of the site, Newport Road and a shopping
center to the south, and Interstate 215 to the west. The project is consistent with
the surrounding commercial uses. There are residential uses to the north and
east of the site; however, these residential properties are separated from the site
by Antelope Road and the site has been designed to consider the residential
uses and provides a landscape buffer on the eastern property line, and no
Resolution No PC 13-139
2012-187 CUP
October 8, 2013
signage for the sales of alcoholic beverages will be in any public view with the
restriction of exterior displays of alcoholic beverages.
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. 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.
4. Public Necessity and Convenience Findings
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 of
the retail liquor license would cause a census tract to have an undue
concentration. The project is located within 2010 Census Tract 427.29. Within
this census tract, 5 licenses are allowed, but only one license exists within the
tract. Therefore, the project is not located within a census tract with an undue
concentration of liquor licenses and the granting of an additional license will not
cause an undue concentration. A finding of public necessity and convenience is
not required.
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 Assessment/Mitigated Negative Declaration prepared for the
original Plot Plan application (2009-052 PP) and original Conditional Use Permit
(3487 CUP), which was adopted by the City of Menifee Planning Commission.
No new environmental impacts have been identified or are anticipated. No further
environmental review is required at this time. The previously prepared MND is
still accurate and applicable 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. 2012-187, 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 8, 2013.
Resolution No PC 13-139
2012-187 CUP
October 8, 2013
PASSED, APPROVED AND ADOPTED THIS 8" DAY OF OCTOBER 2013.
Commission Chair
ATTEST:
Je i r All n, lanning Commission Secretary
Approved as to form:
Scott A. Mann
Mayor
Wallace W. Edgerton
Deputy Mayor
John V. Denver
Councilmember
Thomas Fuhrman
Councilmember
Greg August
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. PC13-139 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
8t" day of October, 2013 by the following vote:
Ayes: Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes: None
Absent: None
Abstain: None
len er AI en, Planning Commission Secretary
EXHIBIT 99
1"
Conditions of Approval for CUP 2012-187
To permit the lube center, car wash, convenience store and
gasoline service station, with the concurrent sale of beer and
wine for off -premises consumption.
Conditions of Approval CUP No. 2012-187 1 of 6
General Conditions
1. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Conditional Use Permit No. 2012-187
shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2012-
187, Amended No. 1, dated March 4, 2009.
2. Description. The use hereby permitted is to allow the use for the car wash,
gasoline service station, with the concurrent sale of beer and wine for off -
premises consumption, convenience store, and tube center within the
Menifee Lakes Plaza Shopping Center (2009-052).
3. 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. 2012-187
Conditional Use Permit (2012-187 CUP).
4. 90 Days to Protest. 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.
Conditions of Approval CUP No. 2012-187 2 of 6
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. Comply with All Conditions. The applicant/developer shall comply with all
terms and conditions of Plot Plan No. 2009-052.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
Conditions of Approval CUP No. 2012-187 3 of 6
b. 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 (5) feet of any building entrance or checkout
counter.
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.
f. 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.
h. 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. to prevent public access to alcoholic
beverages during those hours.
13. 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. (This is stated in 12 b above.)
14. 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. (This is stated in 12 b above.)
15. 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. (This is stated in 12 b above.)
16. Beer and Wine. This approval is for the sale of beer and wine for offsite
consumption only.
Conditions of Approval CUP No. 2012-187 4 of 6
17. Business Licensing. Every person conducting a business within the City
of Menifee, as defined in Ordinance No. 857, shall obtain a business
license. For more information regarding business registration, contact the
City Clerk.
18. Noise Levels. Exterior noise levels produced by any use allowed under this
permit, including, but not limited to, any outdoor public address system,
shall not exceed 55 db(A), 10-minute LEQ, between the hours of 10:00 p.m.
to 7:00 a.m. the following day, and 65 db(A), 10-minute LEQ, at all other
times as measured at any residential, hospital, school, library, nursing
home or other similar noise sensitive land use. In the event noise exceeds
this standard, the permittee or the permittee's successor -in -interest shall
take the necessary steps to remedy the situation, which may include
discontinued operation of the facilities.
19. Noise Monitoring Reports. The permit holder may be required to submit
periodic noise monitoring reports as determined by the Department of
Building and Safety as part of a code enforcement action. Upon written
notice from the Department of Building and Safety requiring such a report,
the permittee or the permittee's successor -in -interest shall prepare and
submit an approved report within thirty (30) calendar days to the
Department of Building and Safety, unless more time is allowed through
written agreement by the Department of Building and Safety. The noise
monitoring report shall be approved by the Office of Industrial Hygiene of
the Health Service Agency (the permittee or the permittee's successor -in -
interest shall be required to place on deposit sufficient funds to cover the
costs of this approval prior to commencing the required report).
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. Hours of Operation.
1) Car wash hours of operation shall be limited to 7 a.m. to 10 p.m.
2) Lube Center hours of operation shall be limited to 7 a.m. to 10
p.m.
22. Attendant. The applicant shall provide regular monitoring of the facility by
an attendant during business hours to control noise, litter and other
nuisances. The facility shall be kept clear of debris at all times.
23. Reclaimed Water. The permit holder shall connect to a reclaimed water
supply for the car wash when secondary or reclaimed water is made
available to the site.
24. Security Systems. Prior to the issuance of final occupancy, the applicant
shall prepare a security plan for the site. Pursuant to recommendations
Conditions of Approval CUP No. 2012-187 5 of 6
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.
25. Security Systems, The Riverside County Sheriff Department and/or
Planning Division of the Community Development Department shall verify
that the security system has been installed in compliance with the Riverside
County Sherriff Department's requirements prior to final occupancy.
FEES
26. 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.
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
Name (please print)
Date
Title (please print)
Conditions of Approval CUP No. 2012-187 6 of 6