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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)