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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