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)
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