PC14-177Resolution No. PC14-177
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE
PERMIT NO. 2014-156 FOR THE HERITAGE SQUARE SHOPPING CENTER TO
ALLOW THE SALE OF DISTILLED SPIRITS AND BEER AND WINE FOR OFF-
PREMISIS CONSUMPTION FOR THE DRUG STORE (MAJOR A)
Whereas, in June 27, 2014, the applicant, Heritage Square L.P., filed a formal
application with the City of Menifee for Conditional Use Permit No. 2014-156 to allow the
use of the car wash, gasoline service station, with con current sale of beer and wine for
off -premises consumption, and convenience store; and,
Whereas, on August 12, 2014, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit 2014-156, considered public testimony and
materials in the staff report and accompanying documents, 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 site boundaries.
Whereas, at the August 12, 2014 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
(CR) which allows for a variety of commercial and retail uses such as grocery
stores, restaurants, clothing stores, personal services (nail or hair salons), etc.
The proposed project is a commercial use and is consistent with the existing
general plan land use of the site.
2. Consistency with the Zoning Code. The project is consistent with Ordinance No.
348.
The project site is zoned Scenic Highway Commercial (C-P-S). The drug
store/pharmacy and sale of distilled spirits, beer and wine is a use allowed with
approval of a conditional use permit in the C-P-S zone. The project is consistent
with the development standards of the C-P-S zone. The project is also
consistent with Ordinance No. 348, Section 18.48 "Alcoholic Beverage Sales."
Ordinance No. 2009-50 does not apply to drug stores; therefore, the ordinance
does not apply to this conditional use permit.
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.
To the north, the property is designated for residential uses, but the site is
currently vacant. Existing residential uses are established to the east of the site
beyond Menifee Road. Properties to the south of the site are designated for
Commercial uses. To the west of the project site is Boulder Ridge Elementary
School. The use provides adequate buffering to adjoining uses. The
pharmacy/drug store with the sale of distilled spirits, beer and wine for offsite
consumption is buffered from surrounding residential uses and the school site by
Resolution No. PC 14-177
CUP 2014-156
August 12, 2014
landscaping, walls, other buildings in the shopping center and roads (for
residential to the east).
The proposed use is not situated in such a manner that vehicle traffic from the
facility would reasonably be believed to be a hazard to a school, church, park or
playground. The shopping center entrances on McCall Boulevard and Menifee
Road are anticipated to be the primary access points used by customers,
whereas the school takes its primary access off Junipero Road.
The establishment, maintenance or conducting of the use for which the
conditional use permit is sought will not, under the particular case when
consistent with the conditions of approval, be detrimental to the public welfare or
injurious to property or improvements in the neighborhood. The proposed gas
station and convenience store with the sale of beer and wine for offsite
consumption has been conditioned for the following: no displays of beer, wine or
other alcoholic beverages shall be located on the exterior of the building or within
window areas.
The establishment, maintenance or conducting of the use for which the
conditional use permit is sought will not, under the particular case when
consistent with the conditions of approval, 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.
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 site is located within census tract 427.28 and ABC criteria has
established that one license is the limit to the ratio of retail establishments to
population before an undue concentration occurs within this census tract. One
license has been issued to the Plaza Wine and Spirits located in the Be] Air
Plaza. According to ABC, an undue concentration of licenses would exist within
this census tract if additional licenses were issued.
The census tract within which the project site is located only has a population of
2,266 people. Most of the census tract is designated for commercial, office and
industrial uses. However, there are large residential developments directly to the
east of the project site. This large master planned residential development,
commonly known as Heritage Lakes, has requested more shopping opportunities
in their area. Currently, the closest shopping center is the Ralphs on Newport
and Antelope or the Sun City Shopping Center located west of the 215 on McCall
Boulevard. The Plaza Wine and Spirits liquor store, the only other option within
this census tract to buy alcohol for off -site consumption, is located two (2) miles
to the west of the neighborhood. Additional off -site licenses at the project site
would provide a public convenience to the surrounding residential development.
Resolution No. PC 14-177
CUP 2014-156
August 12, 2014
The site is buffered from adjacent residential and school uses by site design,
including placement of buildings, parking, landscaping, and walls. The project
has been conditioned for the following: no displays of beer, wine or other
alcoholic beverages shall be located on the exterior of the building or within
window areas.
The project site is not located within 1,000 feet of a school.
The proposed project site is not located within 100 feet of existing and habited
residences.
The drug store/pharmacy is requesting a type 21 license to allow for the sale of
distilled spirits, beer and wine for off -site consumption.
The project shall not be situated in such 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 drug store/pharmacy is not located within 500 feet of an existing or planned
public park, playground, or established place or religious worship.
The project does provide the public necessity or convenience for the residents of
the surrounding community.
The project will not interfere with the quiet enjoyment of the property by
residents.
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.
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 Plot Plan, Conditional Use Permits and Development
Agreement were analyzed in a Mitigated Negative Declaration (Environmental
Assessment No. 41320) prepared for the original plot plan and conditional use
permit applications. The Mitigated Negative Declaration (MND) was adopted by
the City of Menifee City Council on June 1, 2010. No new environmental impacts
have been identified. No further environmental review is required. 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:
1. The Findings set out above are true and correct.
2. Conditional Use Permit No. 2014-156 for the drug store/pharmacy with the
concurrent sale of distilled spirits, beer and wine for off -premises consumption at
the Heritage Square shopping center is recommended for approval to the City
Resolution No. PC14-177
CUP 2014-156
August 12, 2014
3. Council, subject to the Conditions of Approval as set forth in Exhibit "T' to this
Resolution and as approved by the Planning Commission on August 12, 2014.
PASSED, APPROVED AND ADOPTED this 12`h day of August 2014
Matthew Liese r, Ithair
Attest:
GJei if r Allen, Deputy City Clerk
Approved as to form:
<Tx�
Julie Hayward Biggs, Cit Attorney
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.cityofrnenifee.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. PC14-177 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
121h day of August, 2014 by the following vote:
Ayes:
Matelko, Phillips, Sobek, Thomas
Noes:
None
Absent:
None
Recuse:
Liesemeyer
JeKnifer Allen, Planning Comm-Tission Secretary
EXHIBIT 66
1"
Conditions of Approval for CUP 2014-156
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Conditions of Approval CUP No. 2014-156 1 of 7
Section I:
Conditions Applicable to all
Departments
Conditions of Approval CUP No. 2014-156 2 of 7
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. 2014-156
shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2014-
156, dated October 15, 2008.
2. Description. The use hereby permitted is to allow off -site sales of distilled
spirits, beer and wine, for one (1) of the major buildings which is intended
for drug store/pharmacy use.
3. Indemnification. The developer/applicant shall indemnify, protect, defend,
and hold harmless, the City and County and any agency or instrumentality
thereof, and/or any of its officers, employees and agents (collectively the
"City and County") 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 Plot Plan or the City's and County'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 County, or any agency or
instrumentality thereof, advisory agency, appeal board or legislative body
including actions approved by the voters of the City, concerning
Environmental Assessment No. 41320, Change of Zone No. 7501,
Tentative Parcel Map No. 34998, Plot Plan No. 2009-051, Conditional Use
Permit No. 2014-155, Conditional Use Permit No. 2014-156, and
Conditional Use Permit No. 2014-157.
4. Ninety (90) Days to Protest. The project developer has ninety (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. Newly Incorporated City. 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
Conditions of Approval CUP No. 2014-156 3 of 7
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. City of Menifee. On October 111, 2008 the City of Menifee incorporated. At
the time the City incorporated it was required to accept all the laws and
ordinances of the County of Riverside. Over time the City will change these
ordinances either by name or content. The applicant or successor in
interest of this project will be subject to ordinances of the City of Menifee
and not those of the County of Riverside that the City has jurisdiction over.
Therefore, any condition of approval listed in this project that references a
County of Riverside Ordinance, will in fact be subject to the equivalent City
ordinance or subsequent ordinance introduced by the City. The applicant
or their successor in interest by accepting these conditions also agrees to
accept the equivalent City ordinance or subsequent ordinance introduced
by the City.
7. Comply with All Conditions. The applicant/developer shall comply with all
terms and conditions of Plot Plan No. 2009-051.
8. Expiration. This approval shall be used within two (2) years of the approval
date or as determined by a development agreement; 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 (2) 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.
Conditions of Approval CUP No. 2014-156 4 of 7
Section II:
Planning Conditions of Approval
Conditions of Approval CUP No. 2014-156 5 of 7
General Conditions
9. 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.
10. 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.
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 d) 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:
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 twenty-one (21) years of age.
Conditions of Approval CUP No. 2014-156 6 of 7
e. No sale of alcoholic beverages shall be made from a drive-in window.
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. Business Licensing. Every person conducting a business within the City
of Menifee shall obtain a business license. For more information regarding
business registration, contact the City of Menifee.
15. 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.
FEES
16. 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. 2014-156 7 of 7