PC13-140RESOLUTION NO. PC 13-140
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. 2012-188 TO ALLOW THE SALE OF BEER, WINE, AND
DISTILLED SPIRITS FOR OFF -PREMISES CONSUMPTION FOR ONE
OF THE MAJOR BUILDINGS WHICH IS INTENDED FOR DRUG
STORE/PHARMACY USE 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 construction or use the Conditional Use Permit and if
substantial construction of the use had not begun within the two (2) years of approval of
the Conditional Use Permit the applicant could submit for up to one (1), one-year
discretionary extension; and
Whereas, the applicant submitted and received approval of the one (1), one-year
discretionary extension for the CUPS; and
Whereas, under the provisions of the Municipal Code no additional extensions
are available 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 2009-084 to allow the sale of beer,
wine and distilled spirits for off -premises consumption for one (1) of the major buildings
which is intended for drug store/pharmacy use 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. 2012-188, 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 8, 2013 Planning Commission public hearing, the
Commission found that:
1. 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 13-140
2012-188 CUP
October 8, 2013
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 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. The pharmacy with sale of beer,
wine and distilled spirits is allowed in the zone with approval of 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 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 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 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 pharmacy'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
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 signage for the sales of alcoholic beverages will be in public
view.
Resolution No PC 13-140
2012-188 CUP
October 8, 2013
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.
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 if 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,
five (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
(2009-084 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.
Resolution No PC 13-140
2012-188 CUP
October 8, 2013
2. Conditional Use Permit No. 2012-188, is approved subject to the
Conditions of Approval as set forth in Exhibit I" to this Resolution and as
approved by the Planning Commission on October 8, 2013.
PASSED, APPROVED AND ADOPTED TWIS 8`" DAY OF OCTOBER 2013.
Matt
ATTEST:
e
Jennife7Allen, Planning Commission Secretary
Approved as to form:
rr
-
Scott A. Mann
Mayor
Wallace W. Edgerton
Deputy Mayor
John V. Denver
Councilmember
Thomas Fuhrman
Councimember
Greg August
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.6793843
w .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. PC13-140 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
8th day of October, 2013 by the following vote:
Ayes:
Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes:
None
Absent:
None
Abstain:
None
Jenn?, Allen, Planning Commission Secretary
EXHIBIT 66
1"
Conditions of Approval for CUP 2012-188
To allow the sales of beer, wine and distilled spirits for off -
premises consumption, for one (1) of the major buildings
which is intended for drug store/pharmacy use.
Conditions of Approval CUP No. 2012-188 1 of 5
General Conditions
Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Conditional Use Permit No. 2012-188
shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2012-
188, Amended No. 1, dated March 4, 2009.
2. Description. The use hereby permitted is to allow the sale of beer, wine
and distilled spirits for off -premises consumption for one (1) of the major
buildings which is intended for drug store/pharmacy use. (Type 21 License).
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. 2012-188
Conditional Use Permit (2012-188 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. 2012-188 2 of 5
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.
Expiration. 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. 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.
11. 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.
12. 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.
13. Alcohol Sales. The following development standards shall apply to the
sale of distilled spirits, beer and wine at the drug store/pharmacy:
Conditions of Approval CUP No. 2012-188 3 of 5
a. 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.
b. No displays of beer, wine or other alcoholic beverages shall be
located within five feet of any building entrance or checkout counter.
c. No lighted advertising for beer, wine or other alcoholic beverages
shall be located on the exterior of buildings or within window areas.
d. 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.
e. No sale of alcoholic beverages shall be made from a drive-in window
f. 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.
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. (This is stated in 13 a above.)
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. (This is stated in 13 a above.)
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. (This is stated in 13 a above.)
17. Beer, Wine and Distilled Spirits. This approval is for the sale of beer,
wine and Distilled Spirits for offsite consumption only.
18. 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 of Menifee.
Conditions of Approval CUP No. 2012-188 4 of 5
19. 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.
20. Security Systems. Prior to the issuance of final occupancy, the applicant
shall prepare a security plan for the site. Pursuant to recommendations
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.
21. 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
22. 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. 2012-188 5 of 5