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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 oood0n �o ooG���� oons pflcaWs to �Al0 D(a pen 41m(an � s 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 Page 3 of 9 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 seadan R-3 Commum"'W DsvMopm8nV &[0, rcva� 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) Page 9 of 9