PC19-477RESOLUTION NO. PC 19.477
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFMENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. 2019.082 A FUEL FACILITY AND ANCILLARY CONVENIENCESTORE AND CAR WASH, TNCLUDING THE SALE OF BEER ANDWINE FOR OFF.PREMISE CONSUMPTION AND FINDINGS OFPUBLIC NECESSITY AND CONVENIENCE FOR THE CONVENIENCE
STORE AND ONSITE SALE OF ALCOHOL AT THE SlT DOWN
RESTAURANT AND HOTEL LOCATED WITHIN THE ON DECK
CENTER ON 4.89 NET ACRES AT THE NORTHWEST CORNER OF
TRUMBLE ROAD AND HlcHwAy 74 (ApNS: 929-020-009 and 329-
020-0221.
WHEREAS, on December 20,2016, the applicant, VSK lnvestments, LLC, filed aformal application with the City of Menifee for (1) the approval of a Plot Plan (PP2016-290) for a 29,449 square foot retail shopping and hotel center on 4.89 net acres,including sign program. The shopping center will include a 108 room hotet, a 5,500
square foot restaurant, a 3,000 square drive-through foot fast food restaurant, and a gas
station with six (6) fueling pumps, and a 5,132 square foot convenience store with
attached car wash, (2) the approval of Conditional Use Permit No. 2019-082 to allow forthe gas statlon/car wash use and alcohol sales at the various enterprises proposed
within the center, including: the sale of beer and wine for off-premises consumpiion atthe proposed gas station and convenience store; the sale of beer, wine, and distilledspirits for onsite consumption at the proposed sit down restaurant; and the sale of beer,
wine, and distilled spirits forthe hotel site; and (3) Tentative Parcel Map (TpM) 2016-091
(PM371 45) a proposed Schedule E subdivlsion of 5.01 gross acres (4.89 net acres) intofour (4) commercial parcels ranging in size from 0.58 acres to 1.94 acres (cotlectively,
the "Project"); and
WHEREAS, on December 11, 2019, the Planning Commission of the City of
Menifee held a public hearing on the Project, considered all public testimony as weil as
all materials in the staff report and accompanying documents, regarding Conditional UsePermit No. 2019-082, which hearing was publicly noticed by a publication in The press
Enterprise, a newspaper of general circulation, an agenda posting, and notice toproperty owners within 1,400 feet of the Project boundaries, and to persons requesting
public notice; and
NOW, THEREFORE, BE lT RESOLVED that the Planning Commission of the
City of Menifee makes the following Findings:
Section 1:Consisfency with the General Plan. The Plot Plan is consisfenf with the
General Plan Land Use Map, and applicable General Plan objectives,
policies, and programs:
The Project site is designated Economic Development Corridor per the
City of Menifee's General PIan and Zoning map and is intended for a
variety of commercial, entertainment, office and industrial uses.
The Project, a gas station, convenience store, car wash, and alcohol
related uses within a larger commercial center, is consistent with the
Consistencv with General Plan
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Economic Development Corridor land use designation as the Project
provides services and goods designated to serving patrons within the
vicinity of the Project site as well as those from surrounding communities
as Highway 74 is a commercia! corridor within the northerly portion of the
City with lnterstate 215 paralleling the site to the west. The commercial
center will provide restaurant options for industrial and office uses in the
vicinity of the site. The hotel use provides a lodging option for business
travelers as well as patrons of the recreationa! facilities (Big League
Dreams and Drop Zone waterpark) further north of the site in the City of
Perris.
!n addition, the Project is consistent with the following City of Menifee
General Plan policies:
Project Design
CD-3.5 Design parking lots and structures fo be functionatty and
visually integrated and connected; off-street parking /ofs should not
dominate the streef scene.
Perimeter landscaping and strategic placement of the Project's
commercia! buildings has been provided to visually screen the parking
lot and drive aisles from surrounding roadways along both Highway
74 and Trumble Road.
CD-3.9 Utilize Crime Prevention through Environmental Design
(OPTED) techniques and defensible space design concepts to
enhance community safety.
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The Project is required to include security cameras at the entrances
as well as within the property and the site has been designed to limit
concealed areas to allow for greater visibility and security.
Building Design
CD-3.10 Employ design strategies and building materials that evoke
a sense of quality and permanence.
The Project includes quality architectura! features, with the hotel
building having a predominately stucco and lap siding finished fagade
with a red brick veneer featured on the end caps and framed entry
which is further accented by a decorative porte-cochere, with the roof
elements featuring a combination of raised parapets and gable style
roofing finished in standing seam metal. The Project's restaurant
buildings and fueling station also implore a variety of building
materials with the fagade featuring both stucco and lap siding
materials and aluminum framed glazing. Metal canopies further
accent the buildings elevations and rough sawn railings and wood
treatments are featured on the building's elevations. Like the hotel
building the rooflines utilize a combination of raised parapet walls and
gable style roof elements finished in standing seam metal. All of the
buildings feature decorative lighting while the varied fagade
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a CD-3.14 Provide variations in color, texture, materials, articulation,and architectural treatments. Avoid long expanses of blank,
monotonous walls or fences.
The architecture of the Project incorporates varied colors, recesses,
material changes, varied roof lines, wall plane changes, accent
materials, and other architectural treatments that break up wall areas
to avoid any long expanses of blank, monotonous walls.
Enhanced Landscape Corridors
CD-4.2 Design new and, when necessary, retrofit existing sfreefs fo
improve walkability, bicycling, and transit integration; strengthen
connectivity; and enhance community identity through improvements
to the public right-of-way such as sideuralks, sfre et trees, parkways,
curbs, sfreef lighting, and street furniture.
The Project will provide sufficient right-of-way for a sidewalk,
parkway, street trees, street lighting and a Class ll eight (8) foot wide
bike lane along both Highway 74 and Trumble Road. Furthermore,
the Project extends the side walk and landscaping westerly along the
Project's southerly boundary to facilitate the ultimate connection to
properties located west of lnterstate 215.
Lighting
CD-6.4 Require that lighting and fixtures be integrated with the
design and layout of a project and that they provide a desirable level
of security and illumination.
The applicant is proposing decorative down-shielded building
mounted lighting, as well as decorative down-shielded free-standing
lig hting.
CD-6.5 Limit light leakage and spillage that may interfere with the
operations of the Palomar Obseruatory.
The Project has been conditioned for all lighting fixtures to comply
with Menifee Municipal Code Chapter 6.01, "Dark Sky Ordinance",
which will have the effect of limiting Ieakage and spillage of light. AII
lighting is to be down-shielded as described above.
Policies
ED-2.1 Promote retail development by locating needed goods and
servrces in proximity to where residenfs live to improve quality of life,
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treatments serve to break up the vertical and horizontal wall planes.
The varied color palette creates a warm environment and ranges from
light beige to dark brown with rust colored accents.
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retain taxable spending by Menifee residents and attract residents
from outside the City to shop in Menifee.
Locate busrnesses providing convenience goods and services in
retail centers that are on arterials adjacent to neighborhoods and
communffies throughout the City but not in rural residential areas.
Encourage comparison goods busrnesses fo 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.
The Project would provide additional retail options and greater
convenience to residentia! uses in the Project area. The Project
locates these retail businesses along a major easUwest commerciat
corridor (Highway 74) and a north/south corridor (lnterstate 215).
The Project and the properties situated to the north, east, south and west
of the project site share the same General Plan and Zoning designation of
Economic Development Corridor (EDC) and Economic Development
Corridor (EDC) Northern Gateway, respectively. Furthermore, the
properties situated to the north, west (beyond lnterstate 215) and south
(beyond Highway 74) are developed with light industria!/manufacturing
enterprises, whereas the properties to the east are primarily vacant with
the northeast corner of Trumble Road and Highway 74 developed with
fueling facility and convenience store. The Project is compatible with the
surrounding uses it augments and supports the land uses in the vicinity of
the Project.
with Mu bitat Conservation P CP
The City of Menifee has two (2) active conseryation 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 Project is Iocated 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 wil! be subject to the payment of fees for a
commercial project consistent with Riverside County Ordinance No. 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.
section 2: ?:::'';:::ri,:,!#'frzr:":#',fiff;oi:'r:l:,:,;l::,::,i::;'"::;:'-yffi'{;z
zone designation:
The Project site is zoned Economic Development Corridor - Northern
Gateway (EDC-NG). The General Plan Land Use Designation and
Zoning classification of Economic Development Corridor are consistent
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and compatible with one another. The EDC-NG zone is intended as a
business park area providing light industrial uses, but allows related retailor other commercial activities. The EDC-NG district provides an
opportunity for grouping of businesses, professions, and other services
having related and compatible functions. The EDC-NG zone also
envisions commercial uses to the east of lnterstate 215. The Project, a
commercial center, including the gas station, convenience store, car wash
and alcoho! uses, is consistent with the Economic Development Corridor
as the Project provides services and goods designated to serving patrons
within the vicinity of the Project site as well as those from surrounding
communities, as Highway 74 is a commercial corridor within the northerly
portion of the City with lnterstate 215 paralleling the site to the west.
Surrounding zoning classifications lnclude EDC-NG to the north, south,
east and west, which is consistent with the zoning for the Project site.
The proposed retail center requires the processing of a plot plan and
conditional use permit to allow for the gas station, convenience store and
car wash use and alcohol sales at the various uses proposed within the
center, including: the sale of beer and wine for off-premises consumption
at the proposed gas station and convenience store; the sale of beer, wine
and distilled spirits for onsite consumption at the proposed sit down
restaurant; and the sale of beer, wine and distilled spirits for the proposed
hotel site. ln the EDC zone, the sale of alcoholic beverages for on-site
consumption and, for off-site consumption in conjunction with a gas
station requires a conditional use permit (CUP). Approval of the CUP will
also include Findings of Public Necessity and Convenience required by
the California Department of Alcoholic Beverages Contro! (ABC) due to
an overconcentration of alcohol licenses in the area. The conditional use
permit is being processed concurrently with the plot plan application for
the retail center.
Pursuant to Riverside County Ordinance No. 348, Section 18.48 as
adopted and amended by the City of Menifee and the EDC-NG Zone
(Menifee Municipal Code tMMc] Chapter 9.28), a CUP is required for a
proposed gasoline service station with a minimart and the concurrent sale
of beer and wine for off-premises consumption. This section of the code
also requires that any business where the sale of alcoho! at the
concurrent sale of motor vehicle fuel is proposed, additional "development
standards" would apply. Adherence to these development standards is a
condition of the CUP for the sale of beer and wine for off-site
consumption.
The Project is consistent with Ordinance No. 348, Section 18.48 as
adopted and amended by the City of Menifee. Ordinance No. 348,
Section 18.48 requires approva! of a CUP for any use proposing to sell
alcohol in a retail building less than 20,000 square feet and notification of
property owners within 1,000 feet. The Project has been noticed to
property owners within 1 ,400 feet of the Project site.
Ordinance No. 348, Section 18.48(d) also states that service stations
selling beer and wine shall not be located within six hundred feet as
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measured between the main entrance of the alcohol selling business and
the closest public entrance to the religious or educational institution (K-
12), day care center or public park. This requirement shall not apply when
the alcohol-selling business and the religious or educational institution are
both located within commercial or industrial zones. MMC 9.28.100 (A) has
a setback requirement of 500 feet for these types of uses. There are no
religious or educational institutions, day cares or parks within 600 feet as
measured between the main entrance of the alcohol selling business and
the closest public entrance to the religious or educational institution (K-
12), day care center or public park. There are no parks, schools or
religious institutions within 500 feet of the uses selling alcohol for off-site
consumption. Therefore, the Project is in compliance with the setbacks to
sensitive uses.
Ordinance 348, Section 18.48(d) and MMC 9.28.100 (B) also states that
there shall only be one use such (liquor stores, mini-marts selling alcohol
and service stations selling beer and wine and to similar uses selling
alcohol for off-site consumption which are not grocery stores or drug
stores) within a shopping center. The proposed sale of beer and wine for
off-site consumption at the convenience store ancillary to the gas
station/car wash is the only such use proposed within the Project.
MMC 9.28.100 (C) states: *A retail facility that has as its primary or
principal sales consisting of alcoho! and/or liquor products for off-site
consumption may not be located closer than 1,000 feet from a similar
retail facility, except with Planning Commission approval of a conditional
use permit addressing a coordinated and integrated collection of sales
facilities such as a "brewery" or "winery" row." The sale of alcohol at the
convenience store is not the primary use or sales occurring at the facility.
The convenience store is part of the gas station and car wash, which is
attached to the store. The convenience store will sell a variety of
products, including gas, which is the primary product, as well as food and
other beverages.
Per Ordinance No. 348, Section 18.48, 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 traffic from the
facility may reasonably be believed to be a potential hazard to a school,
church, public park or playground. There are no schools, parks or
playgrounds in the vicinity of the site. The traffic from the Project was
reviewed with the shopping center and the shopping center project was
conditioned to provide road improvements to provide safe and efficient
vehicular circulation to the Project site. The sale of beer and wine at the
convenience store wil! not be allowed to commence until the conditions of
the shopping center project, including trafflc improvements are
completed. The proposed sale of beer and wine at the convenience store
does not add significant traffic to the site because the customers will likely
be at the site to get gas and pick up other items in the convenience store,
such as beer and wine to reduce trips and as a convenience. Therefore,
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.
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Section 3:
The CUP includes conditions of approval to ensure compliance with the
development standards of MMC 9.28.100 (F), generally, only allowing the
sale of beer and wine, education regarding drunk driving and regulations,
limiting the display and location of alcoholic beverages and
advertisements, and limiting the hours of sale.
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 rn the
project vicinity.
The Project site is located at the northwest corner of Highway 74 and
Trumble Road, in a predominately industrial area. To the north of the site
are a variety of industrial and office uses, including Sunstate Equipment,
Southern California Gas Company and a UPS Distribution facility. To the
south beyond Highway 74, are Grove Lumber and Building Supplies,
Robertson's Ready Mix and other industrial uses. To the west of the site
are lnterstate 215, specifically the Highway 74 off and on ramps. A gas
station, fast food (drive-through) restaurant, and motel Iocated to the east
of the site. There are no residential uses in the immediate vicinity of the
site; the nearest residence is over 1,000 feet to the east.
The Project is compatible with the surrounding land uses, General Plan
land use designations, and zoning classifications. As noted above in
Sections 1 and 2, the Project includes uses that are compatible and serve
surroundings businesses. The Project will also provide residential uses in
the area with additiona! dining and service options. The Project
incorporates quality architecture and landscaping which will enhance the
area.
The Project has been reviewed by a variety of Departments to ensure
compliance with applicable regulations, including, but not limited to City of
Menifee Building and Safety, Engineering and Public Works, Riverside
County Fire, Riverside County Sherriff's Department, Riverside County
Environmenta! Health and the Riverside County Airport Land Use
Commission. These Departments have also provided conditions of
approva! as appropriate to ensure compliance with applicable regulations.
ln addition, environmental impacts resulting from the Project have been
analyzed in an lnitial Study/Mitigated Negative Declaration (IS/MND).
The IS/MND determined that potential impacts would all be less than
significant with the necessary mitigation incorporated. 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.
Section 4: Public Convenience and Necessify Findings.
a. The California ABC Act requires the local jurisdiction to make a finding
of Public Convenience or Necessity prior to ABC granting the license,
when said retail Iiquor license would be located in a census tract of
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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. 427.30, five (5) on sale licenses and three (3) off sale licenses are
allowed. Currently, there are three (3) on sale licenses and three (3)
off sale licenses issued within the census tract; specifically, two (2)
active type 41 licenses, one (1) active type 47 Iicense, two (2) active
type 20 Iicenses and one (1) active type 21 license wlthin the subject
Census Tract. Therefore, the granting of this liquor license would
cause this Census Tract to be over-concentrated by ABC's
determination for off sale licenses, but not for on sale licenses.
c. Romoland Elementary is located approximately one mile to the east of
the Project site boundary; as such it is adequately buffered from a
neighboring school.
d. There are no public or private parks or playgrounds located within
1,000 feet of the proposed convenience store use; however, it should
be noted that Big League of Dreams Sports PIex is located
approximately 1,300 to the north of the Project site boundary.
e. There are no churches (or similar facility for the sole purpose of the
exercise of religion) located within 1 ,000 feet of the subject site.
f. The convenience store is requesting a Type 20 beer and wine license.
The Type 20 license allows for the sale of beer and wine exclusively
for off-site consumption only.
g.The convenience store use is primarily engaged in the sale of
common convenience store items such as snacks, beverages (soda
fountain, coffee, and tea), sundries, and some limited grocery items.
The sales of beer and wine would be ancillary to the sales of those
other items listed above. The dine-in restaurant provides a full service
kitchen and the hotel offers overnight lodging with ancillary liquor
sales.
h. The proposed use shall not be situated in such a manner that vehicle
traffic from the facility may reasonable be believed to be a hazard to a
school, church, park or playground.
The closest single-family residential dwellings to the perimeter of the
Project site boundary is 1,350 feet to the east. The proposed
convenience store, restaurant and hotel are located within the
southeast and central portions of the Project site and will be
adequately buffered from neighboring residentia! land uses by other
the surrounding roadways and on-site landscaping.
j. The Project will not interfere with the quiet enjoyment of the
neighboring residential zoned properties by their residents.
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Section 5:
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
convenience store.
The convenience store 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. The Riverside County Sherriff's Department reviewed the Project.
The Department did not identify any crime or public safety concerns
with the Project. The Department recommended conditions for
adequate lighting and a surveillance system, in addition to compliance
with ABC regulations. The Project applicant will be required to
process lighting plans through the Building and Safety Department. ln
addition, the applicant wil! be required to submit plans for a security
and surveillance system and install the system. The Sherriff's
Department will review those plans.
n. Therefore, the Planning Commission finds that the Public
Convenience or Necessity would be served by the issuance of an
additional retail liquor license for the Project.
Compliance with CEQA. Processrng and approval of the permit
application are in compliance with the requiremenfs of the California
Environmental Quality Act.
An (IS/MND pursuant to the California Environmental Quality Act (CEOA)
was prepared for the Project. In the IS/MND, it was found that with
implementation of mitigation measures, the Project would not result in any
significant impacts. A Mitigation Monitoring and Reporting Plan (MMRP)
was prepared and identifies all mitigation measures that will be required
for the Project.
BE lT FURTHER RESOLVED, the Planning Commission of the City of Menifee
hereby approves Conditional Use Permit 2019-082 subject to the following:
1. The Findings set out above are true and correct.
2. Conditional Use Permit No. 2019-082 is hereby approved subject to the
Conditions of Approva! set forth in Exhibit "1" to this Resolution.
PASSED, APPROVED AND ADOPTED this the 11th
ie , Deputy City Clerk
Approved as to form:
Thai Phan, DeDutY CitY Attorney
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Page 10 of 10
Attest:
mber, 2019
n
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC19-477 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 11 day of December 2019
by the following vote:
Ayes: Diederich, Phillips, Thomas, Madrid, Kanruin
Noes: NoneAbsent: NoneAbstain: None
anie Roseen, CMC
Deputy City Clerk
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Planning Application No.:
Project Description:
EXHIBIT "1"
CONDITIONS OF APPROVAL
Conditional Use Permit No. 2019-082
Conditional Use Permit No. (CUP) 2018-092 is hereby
approved to a!!ow for the gas station and mini-
markeUconvenience store use and alcohol sales at the
various uses proposed within the center, including: the saleof beer and wine for off-premises consumption at the
proposed gas station and convenience store; the sale of
beer, wine and distilled spirits for onsite consumption at the
proposed sit down restaurant; and the sale of beer, wine and
distilled spirits for the hotel site. Approval of the CUP will
also include Findings of Public Necessity and Convenience
required by the California Department of Alcoholic
Beverages Control (ABC) due to an overconcentration of
alcohol licenses in the area.
The commercial shopping consists of the following
. Building A: 47,457 hotel (15,817 sq. ft. footprint, 3-
Story, 108 rooms). Building B: 5,500 sq. ft. restauranto Building C: 3,000 sq. ft. fast food drive-thru. Building D: 5,132 sq. ft. fueling facility/convenience
store and car wash with six fueling pumps beneath
a 4,500 sq. ft. canopy.
Two companion applications are being processed
concurrently with CUP201 9-082.
Plot Plan No. (PP) 2016-290 "On Deck Center"
proposes the development of 4.89 acres with a
commercial center with a foot print of 29,449 sq. ft.
that consists of a 108 room hotel, free standing
restaurant, drive-thru fast food restaurant, and a gas
station and convenience store with six (6) fueling
pumps and an attached car wash
a
a Tentative Parcel Map 2016-291 (TPM 37145)
proposes to subdivide 4.89 net acres into 4
commercial parcels: Parcel 1 - 1.94 ac; Parcel 2 -
1.20 ac; Parcel 3 - 0.58 ac and Parcel 4 - 1.17 ac.
The project site is located within the City of Menifee. The
site is located north of State Route 74, east of the lnterstate
215 northbound on ramp, and west of Trumble Road.
Conditions of Approval
Conditional Use Permit 2019-082
1112912019
Assessor's Parcel No.: 329-020-022,329-020-009
MSHCP Category:
DIF Gategory:
TUMF Gategory:
Commercial
Commercial/Retail
Retail - Service Station (Applicant should contact WRCOG
to determine fee category)
Quimby Category:N/A
Approval Date:December 11,2019
Expiration Date:December 11,2022
Within 48 Hours of the Approval of This Project
Filinq Notice of Determination (ND/MND). The applicanUdeveloper shall deliver
to the Planning Division a cashier's check or money order made payable to the
County Clerk in the amount of Two Thousand four Hundred and Four Dollars and
Seventy-Five Cents ($2,404.75) which includes the Two Thousand Three Hundred
Fifty Four Dollars and Seventy-Five Cents ($2,354.75) fee, required by Fish and
Wildlife Code Section 71 1.4(dX3) plus the Fifty Dollars ($5O.OO1 County
administrative fee, to enable the City to file the Notice of Determination for the
Mitigated or Negative Declaration required under Public Resources Code Section
21152 and California Code of Regulations Section 15075. Per Fish and Wildlife
Code Section 711.a@)(3), a projectshall not be operative, vested orflnal and local
government permits for the project shal! not be valid unti! the filling fees required
are paid.
2. lndemnification.ApplicanUdeveloper 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 Iimitation 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 applicanUdeveloper and its
directors, officers, members, partners, employees, agents, contractors, and
subcontractors of each person or entity comprising the applicanUdeveloper with
respect to the ownership, planning, design, construction, and maintenance of the
Project and the Propertyforwhich the Project is being approved. ln 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.
Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Conditional Use Permit No. 2019-082 shall be
henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan and Floor PIan for Plot Plan No.2016-290,
dated September 12, 2019.
1
3
Page 2 of 9
Conditions of Approval
Conditional Use Permit 2019-082
11129t2019
5
4.
10
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.
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. ln 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.
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.
Gomply with All Conditions. The applicanUdeveloper shall comply with all terms
and conditions of Plot PIan No. 2016-290.
Comply with Ordinances and Codes. The development of these premises shall
comply with the standards of Ordinance No. 348 and all other applicable Riverside
County or City of Menifee ordinances or guidelines and State and Federal codes.
Revocation. !n 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.
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.
Licensing. At al! times during the conduct of the permitted use the permittee shall
maintain and keep in effect valid licensing approval from the Department of AIcoho!
Beverage Contro!, 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.
Geased Operations. ln the event the use hereby permitted ceases operation for
a period of one (1) year or more, excluding renovation and casualty, this approval
6
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11.
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Conditions of Approval
Conditional Use Permit 2019-082
1112912019
12.
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18.
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shall become null and void.
Expiration Date. This approval shall be used within three (3) years of the approval
date; othenrvise, 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 three (3) 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. Should 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.
Beer, Wine, and Spirits. This approval is for the sale of beer and at the gas
station for offsite consumption, the sale of beer, wine and distilled spirits for onsite
consumption at the sit-down restaurant; and the sale of beer, wine and distilled
spirits for onsite consumption at the hotel site only.
Alcohol Education. The owner and the management of the gas station and
convenience store 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.
Alcohol Warnings. The owner and the management of the convenience 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.
Alcohol Training. The owner and the management of the convenience store,
restaurant, and hotel shal! provide adequate training for all employees at the
location as to these matters.
Hours of Operation Gas Station and Convenience Store. The hours of
operation for the gas station and convenience store shall be twenty-four (24) hours
seven (7) days per week.
Sales - Time of Sales Limitation. The sale of alcoholic beverages at the
convenience store, restaurant, and hotel shall cease between the hours of 2:00
A.M. to 6:00 A.M. or at the close of the establishment, whichever is earlier.
State of California Department of Alcoholic Beverage Gontrol (ABC) License.
The property owner or convenience store operator, restaurant operator, and hotel
operator are responsible for obtaining the appropriate ABC license. Proof of such
license shall be submitted to the City.
Convenience Store Beer and Wine Sales. The following development standards
shall apply to the sale of beer and wine at the convenience store:
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. ln addition, the property owner, tenant of the premises
Page 4 of 9
22
Conditions of Approval
Conditional Use Permit 2019-082
1112912019
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. Only beer and wine may be sold.
c. No displays of alcoholic beverages shall be located within five feet of any
building entrance or checkout counter.
d. Alcoholic beverages shall be sold from, ordisplayed in, the main, permanently
affixed electrical coolers only.
e. No alcoholic beverage advertising shall be located on gasoline islands; and no
lighted advertising for beer, wine, or other alcoholic beverages shal! be located
on the exterior of buildings or within window areas.
t. Employees selling alcoholic beverages between the hours of 10:00 p.m. and
12.00 a.m. shall be at least 21 years of age. Alcohol sales shall cease between
2.00 a.m. and 6:00 a.m.
g. No sale of alcoholic beverages shal! be made from a drive-in window.
21. Liquor Store Not Approved. The CUP is not for the approval of a liquor store.
Subsequent Submittals and Fees. Any subsequent submittals required by these
conditions of approva!, 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. 18-741 (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.
23.Security Systems. Security systems are required as described in the Plot Plan
(PP 2016-290) conditions of approval.
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Conditions of Approval
Conditional Use Permit 2019-082
1112912019
End of Conditions
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)Tltle (please print)
Page 6 of 9
Conditions of Approval
Conditional Use Permit 2019-082
1112912019
This Agreement to Indemnify and Hold Harmless ("Agreement") is entered into,
effective as of December 11 ,2019,by and between the CITY OF MENIFEE, a municipal
corporation, on the one hand, ("City"), and VSK Investments, LLC. a California limited
liability company, ("Indemnitor" or "Indemnitors"), on the other. The City and
Indemnitor(s) are herein referred to collectively as the "Parties" and individually as a
"Party."
RECITALS
Whereas, Applicant has applied to the City for various discretionary approvals
including a project for the development of the "On-Deck" commercial center consisting of
a hotel, fueling facility and restaurants (the "Project") on 4.89 acres of property located on
the northwest corner of Highway 74 and Trumble Road. (the "Property"); and
Whereas, in connection with the consideration of the above-mentioned
discretionary approvals, Indemnitor(s) has offered to, and hereby agrees that it will,
indemnify and hold the City harmless from any challenges arising from or related to the
discretionary approvals, the Property or the Project as more fully set forth in this
Agreement.
AGREEMENT
NOW, THEREFORE, for full and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and based upon the foregoing recitals, and the terms,
conditions, covenants, and agreements contained herein, the Parties hereto agree as
follows:
L. Incorporation of Recitals. The Recitals set forth above are an integral part of this
Agreement, and are fully incorporated herein.
2. Indemnitors' Indemnification Obligations. Indemnitor(s) shall indemnify,
defend, and hold harmless the City of Menifee and its elected city council,
appointed boards, commissions, committees, officials, employees, volunteers,
contractors, consultants (which may include the County of Riverside and its
employees, officers, officials, and agents), and agents (herein, collectively, the
"Indemnitees") 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 (i) the City's approval of the Project or actions
related to the Property, including without limitation any judicial or administrative
proceeding initiated or maintained by any person or entity challenging the validity
or enforceability of any City permit or approval relating to the Project, any
condition of approval imposed by the City on such permit or approval, and any
finding or determination made and any other action taken by any of the Indemnitees
in conjunction with such permit or approval, including without limitation any action
taken pursuant to the California Environmental Quality Act ("CEQA"), or (ii) the
acts, omissions, or operations of the Indemnitor(s) and the directors, officers,
Page 7 of 9
AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
Conditions of Approval
Conditional Use Permit 2019-082
1',U29/,2019
members, partners, employees, agents, contractors, and subcontractors of each
person or entity comprising the Indemnitor(s) with respect to the ownership,
planning, design, construction, and maintenance of the Project and the Property for
which the Project is being approved. The City shall notify the Indemnitor(s) of any
claim, lawsuit, or other judicial or administrative proceeding (herein, an "Action")
within the scope of this indemnity obligation and request that the Indemnitor(s)
defend such Action with legal counsel reasonably satisfactory to the City. If the
Indemnitor(s) fails to so defend the Action, the City shall have the right but not the
obligation to do so with counsel of their own choosing, with no right of approval
by Indemnitor(s) and, if they do, the Indemnitor(s) shall promptly pay the City's
full cost thereof, with payments made at least on a monthly basis. Notwithstanding
the foregoing, the indemnity obligation under clause (i) of the first sentence of this
condition shall not apply to the extent the claim arises out of the willful misconduct
or the sole active negligence of the City. This Agreement shall survive any final
action on the Project, and shall survive and be independent of any Project approvals,
even if such Project approvals are invalidated in whole or part.
3. Entire Agreementl Amendments and Waivers. This Agreement contains the
entire agreement between the City and Indemnitor(s) with respect to the subject
matter set forth herein and supersedes any prior discussions, negotiations, and
agreements with respect thereto. This Agreement may be amended or modified
only by a written agreement executed by both Parties. No waiver of any of the
terms of this Agreement shall be effective or binding unless in writing and executed
by an authonzed representative of the Party waiving its rights hereunder.
4. Successors and Assigns. This Agreement shall be binding upon the heirs,
executors, administrators, successors, transferees, and assigns of the Parties.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement to
be effective as of the date first written above.
..CITY"
Dated 2019 CITY OF MENIFEE, a California
Municipal Corporation
By:
Its:
Page 8 of 9
Conditions of Approval
Gonditional Use Permit 2019-082
1112912019
APPROVED AS TO
RUTAN & TUCKER, LLP
FORM
Attorneys for the City of Menifee
Dated: ,2019
Dated: ,2019
..INDEMNITOR"
VSK Investments, LLC.
By:
Print
Name:
Its Manager/Managing Member
VSK Investments, LLC.
By:
Print
Name:
Page 9 of 9