PC16-243Resolution PC 16-243
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE APPROVING CONDITIONAL USE PERMIT NO. 2015-241
FOR THE SALE OF BEER AND WINE FOR OFF -PREMISE
CONSUMPTION AT THE "ARCO ampm" GASOLINE STATION AND
CONVENIENCE STORE GROCERY STORE LOCATED AT 27250
HIGHWAY 74 (APN 329-030-075).
Whereas, November 4, 2015, the applicant, Frank Haddadin, filed a formal
application with the City of Menifee for a conditional use permit proposing to allow a
grocery and liquor store with the sale of beer, wine and distilled spirits for off -premises
consumption at an existing and approved, but currently vacant, gasoline station and
convenience store at 27250 Highway 74 in the City of Menifee; and,
Whereas, on January 13, 2016, the Planning Commission 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. 2015-241,
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,
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as
follows:
Section 1. With regard to Conditional Use Permit No. 2015-241, the Planning
Commission hereby makes the following findings:
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 Economic
Development Corridor (EDC) land use designation allows for a mixture of
residential, commercial, office, industrial, entertainment, education, and/or
recreational uses or other uses. The proposed use is consistent with the land
use designation. The project is consistent with the Economic Development
Corridor land use.
2. Consistency with the Zoning Code. The project is consistent with Ordinance No.
348.
The zoning for the project site is Scenic Highway Commercial (C-P-S). The
proposed use, the sale of beer and wine for off -premises consumption at the
existing gasoline station and convenience store, is allowed within the Scenic
Highway Commercial zone with approval of a conditional use permit. The
proposed sale of beer and wine for off -premises consumption will occur within a
gasoline station convenience store which was approved under PP2010-058 and
is under construction.
Ordinance No. 348, Section 18.48 "Alcoholic Beverage Sales" and Ordinance
No. 2009-50 regulate 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.
Resolution No PC 16-243
Conditional Use Permit No. 2015-241
January 13, 2016
In order to make findings for approval of alcohol sales at a site, it must be
determined that facilities selling alcohol must not be 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 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 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. There
is no other liquor store, convenience store, mini -mart or service station selling
beer or wine within the vicinity of the proposed project. The closest mini -market
conducting the sale of beer, wine and distilled spirits is located approximately
2,500 feet to the southeast of the project site (Romo Gas Mart). The closest
sensitive uses are, Perris Valley Big League of Dreams and Drop Zone Water
Park, which are approximately 2,000 feet to the north, Calvary Chapel Romoland
and Romoland Assembly of God Church, are both located more than 3,500 feet
to the east of the project site. Romoland Elementary School and Eller Park are
located approximately 5,000 feet to the east of the site. Therefore, the proposed
project is consistent with the Scenic Highway Commercial zone and the
development standards and zoning restrictions of Ordinance No. 18.48 and
Ordinance 2009-50.
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 project proposes the sale of beer and wine for offsite consumption at an
approved and under construction gasoline station convenience store. The
surrounding uses include vacant properties to the east and west (designated for
EDC uses), vacant land and industrial uses to the north, and Highway 74 and a
rail line to the south. Beyond the rail line are industrial uses.
As noted above, the project site complies with City Ordinance No. 2009-050,
because it is not located within 500 feet of the nearest boundary of a school,
church, park, or playground.
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. 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.
Resolution No PC 16-243
Conditional Use Permit No. 2015-241
January 13, 2016
4. 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/ Negative Declaration prepared for the original plot
plan application (2010-058 PP) and original conditional use permit (2011- 008
CUP), which was adopted by the City of Menifee Planning Commission. No new
environmental impacts have been identified. No further environmental review is
required. The previously prepared ND is still accurate for this approval.
Section 2. The Planning Commission of the City of Menifee approves Conditional Use
Permit No. 2015-241 subject to the Conditions of Approval as set forth in Exhibit 1" to
this Resolution.
PASSED, APPROVED AND ADOPTED THIS 13�d DAY JANUARY 2016.
Chris Thomas, Chairman
Approved as to form:
Ajit Thind, Assistant City Attorney
Scott A. Mann
Mayor
Greg August
Mayor Pro Tem
John V. Denver
Councilmember
Matthew Liesemeyer
Councilmember
Lesa Sobek
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, Sarah Manwaring, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC16-243 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
131h day of January, 2016 by the following vote:
Ayes:
Noes:
Absent:
Abstain
Doty, Karwin, Madrid, Phillips, Thomas
None
None
None
EXHIBIT 11
1"
Conditions of Approval for
Conditional Use Permit No. 2015-241
"ARCO and AMPM Sale of Beer and Wine for Off -site
Consumption"
Section I: Conditions applicable to All Departments
Section Il: Community Development Department
Conditions of Approval
Page 1 of 9
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Page 2 of 9
General Conditions
1. Description. The use hereby permitted is to allow the sale of beer, wine, and
distilled spirits for off -premise consumption at the proposed ARCO AMPM
located on the southeast corner of the intersection of Trumble Road and Highway
74, (APN: 329-030-075).
2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless
the City of Menifee and its elected city council, appointed boards, commissions,
committees, officials, employees, volunteers, contractors, consultants, and
agents from and against any and all claims, liabilities, losses, fines, penalties,
and expenses, including without limitation litigation expenses and attorney's fees,
arising out of either the City's approval of the Project or actions related to the
Property or the acts, omissions, or operations of the applicant/developer and its
directors, officers, members, partners, employees, agents, contractors, and
subcontractors of each person or entity comprising the applicant/developer with
respect to the ownership, planning, design, construction, and maintenance of the
Project and the Property for which the Project is being approved. In addition to
the above, within 15 days of this approval, the developer/applicant shall enter
into an indemnification agreement with the City. The indemnification agreement
shall be substantially the same as the form agreement currently on file with the
City.
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Conditional Use Permit No. 2015-241 shall be
henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan and Floor Plan for Plot Plan No.
2015-202 dated November 16, 2015.
4. Ninety (90) Days to Protest. The land divider 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 the 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
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such financing district and to pay the cost of such formation, annexation or
inclusion.
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. 2010-058 (original gas station approval)
and Plot Plan No. 2015-202 (addition of Flame Broiler).
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 License. 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 9
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Page 5 of 9
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. Alcohol Education. The owner and the management of the drug store and
pharmacy 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.
13. Alcohol Warnings. The owner and the management of the drug store and
pharmacy 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.
14. Alcohol Training. The owner and the management of the drug store and
pharmacy shall provide adequate training for all employees at the location as to
these matters.
15. Hours of Operation. The hours of operation for the gas station and
convenience store shall be twenty-four (24) hours seven (7) days per week. The
hours of operation for the Flame Broiler are 10:00 am to 9:30 pm. Seven (7) days
per week.
16. 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.
17. Ceased Operations. In the event the use hereby permitted ceases operation for
a period of one (1) year or more, excluding renovation and casualty, this approval
shall become null and void.
18. Beer and Wine Sales. The following development standards shall apply to the
sale of beer and wine:
a. The property owner, tenant of the premises and their management shall
educate the public regarding driving under the influence of intoxicating
beverages, minimum age for purchase and consumption of alcoholic
Page 6 of 9
beverages, driving with open containers and the penalty associated with
violation of these laws. In addition, the property owner, tenant of the premises
and their 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
property owner, tenant of the premises and their 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. (if the store is open during these hours) in order to
prevent public access to alcoholic beverages during those hours.
19. Beer and Wine. This approval is for the sale of beer and for offsite consumption
only.
20. 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.
21. Alcohol Sales Not Primary Sales Item. The sale of the beer and wine shall not
be the primary sale item in the market.
22. Distilled Spirits Not Allowed. The CUP is for the sale Beer and Wine only. The
sales of other alcoholic beverages is not permitted.
23. Liquor Store Not Approved. The CUP is not for the approval of a liquor store.
24. Bar or Restaurant Not Approved. The CUP is not for the approval of a bar or
restaurant.
25. 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 Resolution No. 13-320 (Cost of Services Fee Study).
Each submittal shall be accompanied with a letter clearly indicating which
condition or conditions the submittal is intended to comply with.
Page 7 of 9
Prior to Final Inspection
26. 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 Sheriff'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 aisles 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.
27. 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
Sheriff Department's requirements prior to final occupancy.
Page 8 of 9
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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