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PC14-189Resolution PC 14-189 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2014-092 FOR THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR OFF -PREMISE CONSUMPTION FOR PAD C (CVS) WITHIN THE SHOPPES AT THE LAKES LOCATED AT THE SOUTHEAST CORNER OF NEWPORT AND MENIFEE ROADS. Whereas, on March 26, 2013, the applicant, Stater Bros. Supermarkets, Inc., filed a formal application with the City of Menifee for a conditional use permit proposing to allow a drug store with the sale of beer, wine and distilled spirits for off -premises consumption for proposed Pad B (CVS) associated with Plot Plan No. 2014-091; and Whereas, on December 10, 2014, the Planning Commission of the City of Menifee held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Conditional Use Permit No. 2014-092, which hearing was publicly noticed by a publication in The Press Enterprise (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, the Planning Commission of the City of Menifee makes the following Findings: 1. Consistency with the General Plan. The conditional use permit is consistent with the General Plan Land Use Map, Specific Plan, and applicable General Plan objectives, policies, and programs. The General Plan land use of the site is Specific Plan (Menifee East). The intent of this land use designation is to recognize areas where an existing specific plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. The proposed project, a drug store allowed to sell beer, wine and distilled spirits for off -premises consumption, meets the requirements of the Specific Plan (Menifee East) land use designation. The project is consistent with the following City of Menifee General Plan goals and policies: Policies ED-2.1 Promote retail development by locating needed goods and services in proximity to where residents live to improve quality of life, retain taxable spending by Menifee residents, and attract residents from outside the City to shop in Menifee. Locate businesses providing convenience goods and services in retail centers that are on arterials adjacent to neighborhoods and communities throughout the City but not in rural residential areas. Encourage comparison goods businesses to locate in larger retail centers located on major arterials near freeway interchanges, because businesses that provide comparison goods tend to draw customers from larger areas. Resolution No PC 14-189 Conditional Use Permit No. 2014-092 December 10, 2014 The proposed project would provide greater convenience to residential uses nearby and the surrounding area to purchase beer, wine, and distilled spirits. The project is within the Menifee East Specific Plan. The project is consistent with the design guidelines, zoning and development standards of the Specific Plan. The Specific Plan designates the area as Commercial and the project is within an area planned for neighborhood commercial development that would feature supermarkets, pharmacies, restaurants, and other retail stores. The City of Menifee has two (2) active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephenst) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for a commercial project consistent with the Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore, the project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. 2. Consistency with the Zoning Code. The project is zoned Specific Plan (Menifee East, Planning Area 1 - Commercial). The Specific Plan refers back to the Scenic Highway Commercial designation of Ordinance 348. The project is consistent with existing zoning and development standards, pursuant to approval of a conditional use permit. Surrounding zoning includes Specific Plan (Menifee Village, Planning Area 3-1 - Commercial) to the north, Specific Plan (Menifee Village, Planning Areas 2-11 — Commercial and 2-12 — School), Specific Plan (Menifee East, Planning Area 4 — Medium Residential) to the south, and Specific Plan (Menifee East, Planning Areas 2 — Very High Residential and 3 — Day Care) to the east. These classifications are compatible with the Specific Plan (Menifee East, Planning Area 1) zone of the project site. The proposed project is consistent with Riverside County Ordinance No. 348, Section 18.48 as adopted by the City of Menifee and as subsequently amended by City of Menifee Ordinance 2009-50. Ordinance No. 348, Section 18.48 requires approval of a Conditional Use Permit for any use proposing to sell alcohol in a retail building less than 20,000 square feet. Ordinance 2009-50 and notification of property owners within 1,000 feet. The project has been noticed to property owners within 1,000 feet of the project site. The proposed drugstore (CVS) does not consist of a liquor store, mini -mart, or service station that would be subject to the prohibition of selling beer and wine within 500 feet of a school, church, or park included within City of Menifee Ordinance 2009-50. In order to make findings for approval of alcohol sales at a site, it must be determined that the facility selling alcohol is not situated in a manner that vehicle Resolution No PC 14-189 Conditional Use Permit No. 2014-092 December 10, 2014 traffic from the facility may reasonably be believed to be a potential hazard to a school, church, public park or playground. The project 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 proposed drugstore is not located within 500 feet of the nearest boundary of a public or private school, church (or similar facility for the sole purpose of the exercise of religion) or public or private park or playground. The closest use conducting the sale of beer, wine and distilled spirits is located approximately 4,500 feet to the west of the project site (Ralphs). The drugstore use is located in the central portion of a proposed commercial retail center (Plot Plan No. 2014-091) and is buffered from adjacent residential and school uses by other buildings, parking, and landscaping in the retail center, to the south and east. The closest sensitive uses, Callie Kirk Patrick Elementary School and La Paloma Park, are located approximately 900 feet westerly and 2,000 feet southerly of the proposed drugstore, respectively, (which is believed to be more than a compatible distance?). Therefore, the project is consistent with the Specific Plan zone and the development standards and zoning restrictions of Ordinance No. 348 Section 18.48 and Ordinance 2009-50. 3. Public Convenience and Necessity Findings. a. 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. b. The California ABC Board has determined that for this Census Tract No. 0427.38, three (3) off -site (Type 20 and 21) licenses are allowed and that three (3) licenses are currently active. Therefore, the granting of this liquor license would cause this census tract to be over -concentrated by ABC's determination. c. There is one public school located within 1,000 feet of the subject site. This public school is Callie Kirkpatrick elementary school located approximately 900 feet to the west of the proposed drugstore use. No private schools are located within 1,000 feet of the site. d. No public or private park or playground is located within 1,000 feet of the drugstore use. e. No church (or similar facility for the sole purpose of the exercise of religion) is located within 1,000 feet of the subject site. f. The drugstore use (CVS) is requesting a Type 21 license to allow for the sale of beer, wine, and liquor for off -site consumption only. g. The drugstore use is primarily engaged in the sale of groceries and general merchandise and would be selling beer, wine, and liquor in conjunction with food and other general merchandise. Resolution No PC 14-189 Conditional Use Permit No. 2014-092 December 10, 2014 h. The proposed use shall not be situated in such a manner that vehicle traffic from the facility may reasonably be believed to be a hazard to a school, church, park or playground. The drugstore use is located in the central portion of a proposed commercial retail center (Plot Plan No. 2014-091) and is buffered from adjacent residential and school uses by other buildings, parking, and landscaping in the retail center, to the south and east. The drugstore building is located approximately 390 feet from the rear property line of the nearest existing residential lot south of Rockport Road and approximately 900 feet from the property line of Callie Kirkpatrick Elementary School. The larger commercial retail center has been designed to consider the residential uses to the south as well as the elementary school to the west. The front entrance is oriented toward Newport Road. The project will not interfere with the quiet enjoyment of the neighboring residential properties by their residents. k. No beer, wine, or other alcoholic beverage advertisements shall be located in such a manner so as to be viewed from outside of the drugstore use. The drugstore use is primarily engaged in the sale of general merchandise and groceries and the sale of alcohol is ancillary. Customers picking up general merchandise and groceries would be able to purchase alcohol at the same time as purchasing these other items. Therefore, the project satisfies the public necessity and provides the public convenience for the residents of the surrounding community. m. There is no other existing liquor store, convenience store, mini -mart or service station selling beer, wine, and liquor within the vicinity of the project. A currently developing ARCO — AM/PM is located to the north of the drugstore and is proposed to sell beer and wine, but not liquor. 4. 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 project proposes the sale of beer, wine, and liquor for offsite consumption at a proposed drugstore. To the north beyond Newport Road is vacant land with the currently developing ARCO AM/PM at the northeast corner of Newport Road and Menifee Road. To the west beyond Menifee Road is vacant land and Callie Kirkpatrick Elementary School. To the south beyond Rockport Road are single- family residential land uses. To the east beyond Laguna Vista Drive is vacant land. The proposed project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The project incorporates quality architecture and landscaping which will enhance the area. Environmental impacts resulting from the project have been analyzed in a mitigated negative declaration which determined impacts including, but not limited to, air quality, Resolution No PC 14-189 Conditional Use Permit No. 2014-092 December 10, 2014 greenhouse gas emissions, water quality, noise, and traffic would all be less than significant. Therefore, the project is not anticipated to 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. As noted above, the project site complies with City Ordinance No. 2009-050. The other sensitive uses (i.e. the schools and parks) identified above are adequately addressed by site design facing the drugstore use towards Newport Road and away from the sensitive uses as well as locating the drugstore in the center of the site at approximately 900 feet from the school and located approximately 2,000 feet from the nearest park. Due to the distance separating these uses and the design of the shopping center, these sensitive uses are adequately buffered from and would not be impacted by the project. 5. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. A Mitigated Negative Declaration ("MND") has been completed for the shopping center and adopted by the Planning Commission pursuant to Resolution PC 14- 192. The Conditional Use Permit at issue is consistent with the MND, which the Planning Commission has considered as part of its proceedings. No new environmental impacts have been identified and no further environmental review is required for this project. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: The Findings set out above are true and correct. 2. Conditional Use Permit No. 2014-092 is hereby approved subject to the Conditions of Approval Exhibit "1" to this Resolution. Resolution No PC 14-189 Conditional Use Permit No. 2014-092 December 10, 2014 PASSED, APPROVED AND ADOPTED this the 10th day of December, 2014. i Attest: vc ennifer Allen, Deputy City Clerk Approved as to form: AjitAjit n�nt City Attorney Scott A. Mann Mayor John V. Denver Mayor Pro Tern Wallace W. Edgerton Councilmember Greg August Councilmember Matthew Liesemeyer Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.6793843 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. PC14-189 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the I O'h day of December, 2014 by the following vote: Ayes: Matelko, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None ennrfer Allen, Planning Commission Secretary EXHIBIT 94 1" Conditions of Approval for Conditional Use Permit No. 2014-092 "Shoppes at the Lakes — CVS alcohol sales" Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Pagel of 8 Section I: Conditions Applicable to all Departments Page 2 of 8 General Conditions 1. Description. The use hereby permitted is to allow the sale of beer, wine and distilled spirits for off -premises consumption for one of the pad buildings which is intended for drug store/pharmacy use and is less than 20,000 square feet. (Type 21 License). 2. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, andlor 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. 2014- 092 Conditional Use Permit (2014-092 CUP). 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2014-092 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2014-091, sheets 1-2, dated 11114/14. 4. 90 Days. The permittee 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, Permittee 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. Page 3ofa The permittee 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, 2014-091. 7. 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. 8. Business Registration. Every person conducting a business within the City of Menifee shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 9. 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. Page 4 of 8 Section 11 Planning Conditions of Approval Page 5 of 8 General Conditions 10. 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. 11. 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. 12. 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. 13. 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. 14. 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 21 years of age. 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 Page 6 of 8 a.m. and 6:00 a.m. in order to prevent public access to alcoholic beverages during those hours. 15. Beer, Wine and Distilled Spirits. This approval is for the sale of beer, wine and Distilled Spirits for offsite consumption only. 16. 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. 17. 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. Prior to Final Inspection 18. 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. 19. Security System Inspection. 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 20. 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. Page 7 of 8 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) Page 8 of 8