PC16-256 Page 1 of 9
EXHIBIT “1”
Conditions of Approval for
Conditional Use Permit No. 2016-040
“Aldi” Sale of Beer and Wine for Off-Premises
Consumption”
Section I: Conditions applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Page 2 of 9
Section I:
Conditions Applicable to all
Departments
Page 3 of 9
General Conditions
1. Description. The use hereby permitted is to allow the sale of beer and wine for
off-premises consumption at an “Aldi” grocery store that is currently under
construction at 30163 Haun Road within the Town Center Marketplace.
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. 2016-040 shall be
henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan and Floor Plan for Plot CUP No.
2016-040 dated March 9, 2016.
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
such financing district and to pay the cost of such formation, annexation or
inclusion.
Page 4 of 9
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. 2014-009 (original approval of the Town
Center Marketplace) and Specific Plan No. 2009-069.
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 5 of 9
Section II:
Community Development
Department Conditions of
Approval
Page 6 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 Warnings. The owner and the management of the grocery store 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.
13. Alcohol Training. The owner and the management of the grocery store shall
provide adequate training for all employees at the location as to these matters.
14. Hours of Operation. The hours of operation for the grocery store are seven (7)
days per week from 9:00 AM-9:00 PM.
15. 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.
16. 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.
17. 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
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.
Page 7 of 9
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.
18. Beer and Wine. This approval is for the sale of beer and for offsite consumption
only.
19. 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.
20. Alcohol Sales Not Primary Sales Item. The sale of the beer and wine shall not
be the primary sale item in the grocery store.
21. Distilled Spirits Not Allowed. The CUP is for the sale Beer and Wine only. The
sales of other alcoholic beverages is not permitted.
22. Liquor Store Not Approved. The CUP is not for the approval of a liquor store.
23. Bar or Restaurant Not Approved. The CUP is not for the approval of a bar or
restaurant.
24. 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.
Prior to Final Inspection
25. 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
Page 8 of 9
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.
26. 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 9 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 Date
_______________________________________________ ___________________
Name (please print) Title (please print)