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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