PC21-542RESOLUTION NO. PC21-542
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. PLN20-0359 FOR ALCOHOL SALES FOR OFF -PREMISES
CONSUMPTION AND PUBLIC CONVENIENCE AND NECESSITY
FINDINGS FOR BUILDING NO. 1 (GROCERY STORE) LOCATED ON
THE SOUTHWEST CORNER OF NEWPORT ROAD AND EVANS
ROAD
WHEREAS, on October 3, 2019, the applicant, Salim Development, on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Plot
Plan No. PLN19-0045 for the construction and operation of a 84,211 sq. ft. commercial
center on 11.14 acres including (1) a 18,041 sq. ft. grocery store; (2) a 4,010 sq. ft.
drive-thru car wash; (3) a 1,800 sq. ft. drive-thru restaurant; (4) a 7,360 sq. ft.
restaurant/retail building; (5) a 3,010 sq. ft. restaurant/retail building; (6) a 9,990 sq. ft.
daycare and (7) a 40,000 sq. ft. gym/fitness center and,
WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of
Conditional Use Permit No. PLN19-0044 to allow for the car -wash; and,
WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of
Tentative Parcel Map No. PLN19-0047 (37071) for a commercial parcel map subdividing
11.14 acres into six (6) commercial parcels and one (1) lettered lot that range in size
from 0.30 acres to 3.47 acres; and,
WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of
Master Sign Program No. PLN19-0046 for the development; and,
WHEREAS, December 14, 2020, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Minor
Conditional Use Permit No. PLN20-0359 for the sale of alcoholic beverages for off -
premises consumption and Public Convenience and Necessity findings for the grocery
store; and,
WHEREAS, on July 14, 2021, the Planning Commission of the City of Menifee
held a public hearing on the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents, regarding Conditional Use
Permit No. PLN20-0359, which hearing was publicly noticed by a publication in The
Press Enterprise, a newspaper of general circulation, an agenda posting, onsite sign
postings, and notice to property owners within 1,000 feet of the Project boundaries, and
to persons requesting public notice; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Menifee makes the following Findings:
Section 1: Consistency with the General Plan. The proposed design and location of
the Conditional Use Permit is consistent with the adopted General
Plan and any applicable specific plan:
Consistency with General Plan
Page 2 of 6
Conditional Use Permit No. PLN19-0359
July 14, 2021
The Project site is designated Specific Plan No. 140 (Newport Estates)
per the City of Menifee's General Plan and the Planning Area 7
(Commercial), in which the project is located, is intended as a
neighborhood shopping center. Due to the location of the site along
Newport Road, the project will also serve a more regional population.
The provision of commercial uses is important not only for convenience,
but also to satisfy commercial needs of the future population of the
region.
The Project, which includes the sale of alcoholic beverages for off -
premises consumption within Building No. 1 (grocery store) of the
commercial development, is consistent with the Specific Plan land use
designation, because the project will provide commercial uses as
envisioned in the Specific Plan.
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 Newport Road is a commercial corridor within the central
portion of the City with easy access to Interstate 215.
In addition, the Project is consistent with the following City of Menifee
General Plan policies:
Project Design
CD-3.9 Utilize Crime Prevention through Environmental Design
(CPTED) techniques and defensible space design concepts to
enhance community safety.
The Project is required to include a security system throughout the
site and the site has been designed to limit concealed areas to allow
for greater visibility and security.
Policies
ED-2.1 Promote retail development by locating needed goods and
services in proximity to where residents live to improve quality of life,
retain taxable spending by Menifee residents and attract residents
from outside the City to shop in Menifee.
o Locate businesses providing convenience goods and services in
retail centers that are on arterials adjacent to neighborhoods and
communities throughout the City but not in rural residential areas.
o Encourage comparison goods businesses to 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 residential and commercial uses in the Project vicinity.
Page 3 of 6
Conditional Use Permit No. PLN19-0359
July 14, 2021
The Project locates these retail businesses along a major east/west
commercial corridor (Newport Road).
Surrounding General Plan designations include SP 140, Planning Areas 1
(Medium Residential) and 6C (Park/Detention) to the south, 2.1-5
Residential (2.1-5R) and Public Facilities (PF) to the north, Economic
Development Corridor (EDC) to the east and 2.1-5 Residential (2.1-5R) to
the west. The Project is compatible with the surrounding uses.
Section 2: Consistency with the Zoning Code. The proposed design and location of
the conditional uses meet all applicable standards of development and
operation of the City's Zoning Code, including any applicable
specific use regulations.
The Project site is zoned Specific Plan No. 140 (Newport Estates),
Planning Area 7 (Commercial). Surrounding zoning classifications include
SP 140, Planning Areas 1 (Medium Residential) and 6C (Park/Detention)
to the south, 2.1-5 Residential (2.1-5R) and Public Facilities (PF) to the
north, Economic Development Corridor (EDC) to the east and 2.1-5
Residential (2.1-5R) to the west. Properties to the south of the subject site
contain existing single-family homes and a park and detention basin while
properties to the west of the site contain existing single-family homes.
The project includes a block wall and enhanced landscaping along the
southern property line and the western property line in an effort to buffer
the commercial uses from the existing homes. Therefore, the
surrounding zoning classification are compatible with the alcohol sales
proposed for the grocery store.
The proposed project is consistent with Menifee Municipal Code Title 9.
Title 9 requires approval of a Conditional Use Permit for any use
proposing to sell alcohol in a grocery store, drug store, specialty market
or discount/department store less than 20,000 square feet and notification
of property owners within 1,000 feet. The project has been noticed to
property owners within 1,000 feet of the project site. The proposed
grocery store is not within 600 feet of a park, religious or educational
institution.
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. The
proposed grocery store is not located within 600 feet of the nearest public
entrance of any public or private school, church (or similar facility for the
sole purpose of the exercise of religion) or public or private park or
playground.
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.
Section 3: Public Convenience or Necessity Findings.
Page 4 of 6
Conditional Use Permit No. PLN19-0359
July 14, 2021
a. The proposed use is consistent
Development Code.
b. The proposed use is compatible
character of adjacent land uses.
with the General Plan and
with the nature, condition and
c. The proposed use would not have an adverse effect on adjacent land
uses.
d. The proposed use would not result in an excessive number of similar
establishments in close proximity.
e. The proposed use will be essential or desirable to the public
convenience or welfare and will not impair the integrity and character
of the zone district or be detrimental to the public health, safety,
morals or welfare.
Notice of hearing shall be given to all owners of property within 1,000
feet of the subject facility, to any elementary school or secondary
school district within whose boundaries the facility is located and to
any public entity operating a public park or playground within 1,000
feet of the subject facility. The Community Development Director may
require that additional notice be given, in a manner the Director
deems necessary or desirable, to other persons or public entities.
Notices were provided to property owners, school districts and entities
operating parks within 1,000 feet of the subject site,
g. The California Alcoholic Beverage Control (ABC) Act requires the
local jurisdiction to make a finding of Public Convenience or Necessity
prior to the ABC granting the license, when said retail liquor license
would be located in a census tract of 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.
h. The California Department of Alcoholic Beverage Control (ABC)
determined that for this Census Tract No. 427.42, there is currently an
undue concentration of off -site (Type 21) licenses. Per ABC, two (2)
off sale licenses are allowed within the census tract; however, a total
of seven (7) Type 21 licenses have been permitted (and all licenses
are currently active with one license in a "surrender" status).
i. 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.
Building No. 1 (grocery store) is requesting a Type 21 off sale general
license. The Type 21 license allows for the sale of beer and wine and
distilled spirits exclusively for off -site consumption only.
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 mini-
market use.
Page 5 of 6
Conditional Use Permit No. PLN19-0359
July 14, 2021
The grocery store is primarily engaged sale of groceries and general
merchandise and the sale of alcohol is ancillary. Residents picking up
general merchandise and groceries would be able to purchase alcohol
at the same time as purchasing these other items. Therefore, the
project provides the public convenience for the residents of the
surrounding community.
m. 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.
Section 4: Surrounding Uses. That the proposed site is adequate in size and shape
to accommodate the conditional uses in a manner that is compatible with
existing and planned uses in the vicinity and that the proposed design
and location of the conditional use will not be detrimental to the public
health, safety or welfare, or materially injurious to uses, properties or
improvements in the vicinity.
The Project site is located at the southwest corner of Newport Road and
Evans Road. Properties to the north across Newport Road include
single-family residential and office/community center uses, vacant land
can be found to the east, single-family residential to the west and single-
family residential and park/detention bason uses to the south.
The Project is compatible with the surrounding land uses, General Plan
land use designations, and zoning classifications and is adequately sized,
shaped, designed and located to accommodate the proposed uses. As
previously noted above, the Project includes uses that are compatible and
serve surrounding residents and businesses.
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, and Riverside County Environmental Health. These
Departments have also provided conditions of approval as appropriate to
ensure compliance with applicable regulations.
Environmental impacts resulting from the project have been analyzed in
an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for
the project determined that impacts would all be less than significant, and
impacts related to biological resources and noise would be less than
significant with the incorporation of the required mitigation measures.
Therefore, the project would not create conditions materially detrimental
to the public health, safety or welfare, or materially injurious to uses,
properties or improvements in the vicinity.
Section 5: Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
Page 6 of 6
Conditional Use Permit No. PLN19-0359
July 14, 2021
An IS/MND has been completed for the project and adopted by the
Planning Commission pursuant to Resolution PC 21_. The Plot Plan
at issue is consistent with the MND, which the Planning Commission has
considered as part of its proceedings. No new environmental impacts
have been identified and no further environmental review is required for
this project.
A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and
identifies all mitigation measures that will be required for the project.
BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee
makes the following findings:
1. That the Findings set out above are true and correct.
2. That the facts presented within the public record and within this resolution
provide a basis to approve Conditional Use Permit No. PLN20-0359
subject to the Conditions of Approval set forth in Exhibit "1" of this
Resolution.
PASSED, APPROVED AND ADOPTED this the 14T" day of July, 2021
r"
Benjamin iederich, Chairman
Attest:
e nie Roseen, Deputy City Clerk
Approved as to form:
Thai ssistant City Attorney
EXHIBIT "1"
CONDITIONS OF APPROVAL
Planning Application No.: Conditional Use Permit No. PLN20-0359 ("Newport
Pointe Commercial Alcohol Sales and Public
Convenience and Necessity Findings")
Project Description: Conditional Use Permit No. PLN20-0359 ("Newport
Pointe Commercial Alcohol Sales and Public
Convenience and Necessity Findings") is for the sale of
alcoholic beverages for off -premise consumption and Public
Convenience and Necessity findings at the proposed
grocery store (Building No. 1) located at the southwest
corner of the intersection of Newport Road and Evans Road
within the City of Menifee.
Assessor's Parcel No.: APN 360-020-051
Approval Date: July 14, 2021
Expiration Date: July 14, 2024
Page 1 of 10
Within 48 Hours of the Approval of This Project
1. 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.
2. Filing Notice of Determination (ND/MND). The applicant/developer 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 Five Hundred and Thirty Dollars and
Twenty -Five Cents ($2,530.25) which includes the Two Thousand Four Hundred
and Eighty Dollars and Twenty -Five Cent ($2,480.25) fee, required by Fish and
Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County
administrative fee, to enable the City to file the Notice of Determination (ND) for
the Mitigated or Negative Declaration (MND) required under Public Resources
Code Section 21152 and California Code of Regulations Section 15075. Per Fish
and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or
final and local government permits for the project shall not be valid until the filling
fees required are paid.
Page 2of10
Section I: Conditions Applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Page 3 of 10
Section
Conditions Applicable to All
Departments
Page 4 of 10
General Conditions
1. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. PLN19-0045 shall be henceforth defined
as follows:
APPROVED EXHIBIT A = Site Plan for Plot Plan No. PLN19-0045, dated
June 21, 2021.
APPROVED EXHIBIT B = Floor Plans and Elevations for Plot Plan No.
PLN19-0045, dated June 21, 2021.
2. 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.
3. Mitigation Monitoring and Reporting Program. The developer shall comply with
the mitigation monitoring and reporting program ("MMRP") which incorporated by
reference as part of these conditions of approval.
4. 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.
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.
5. Comply with All Conditions. The applicant/developer shall comply with all terms
and conditions of Plot Plan No. PLN19-0045, Tentative Parcel Map No. PLN19-
0047, Conditional Use Permit Nos. PLN19-0044 and PLN20-0359 and Sign
Program No. PLN19-0046.
6. 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.
Page 5 of 10
7. Business Registration. 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.
8. Expiration Date. This approval shall be used within three (3) 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 a 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. Prior to the expiration of the three-(3)-year period, the permittee
may request up to a three-(3)-year extension of time in which to begin substantial
construction or use of this permit. Should the three-(3)-year extension be obtained
and no substantial construction or use of this permit be initiated within six (6) years
of the approval date this permit, shall become null and void.
9. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
Page 6 of 10
Section II:
Community Development
Department Conditions of
Approval
Page 7 of 10
General Conditions
9. Comply with Ordinance. The development of these premises shall comply with
the standards of the City Municipal Code 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.
10. Compliance with Plot Plan No. PLN19-0045. The general site development
standards as well as the site design, layout, location, setbacks, landscaping, walls,
and other features for the grocery store shall be substantial conformance with
those approved for Plot Plan No. PLN 19-0045.
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 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.
13. 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.
14. Alcohol Training. The owner and the management of the convenience store shall
provide adequate training for all employees at the location as to these matters.
15. Alcohol Sales Not Primary Sales Item. The sale of alcoholic beverages shall
not be the primary sale item in the market.
16. Hours of Operation. The hours of operation for the grocery store shall be 7am to
10pm seven (7) days per week.
17. 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.
18. 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.
19. No Permanent Occupancy. No permanent occupancy shall be permitted within
the property approved under this conditional use permit as a principal place of
Page 8 of 10
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. Liquor Store Not Approved. The CUP is not for the approval of a liquor store.
21. Bar or Restaurant Not Approved. The CUP is not for the approval of a bar or
restaurant.
22. 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. 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.
Prior to Building Permit Issuance
23. Security Systems. Prior to the issuance of a building permit, the applicant shall
prepare and obtain approval (from City of Menifee Police Department and/or
Planning Division of the Community Development Department) of a security plan
for the site. 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.
Prior to Final Occupancv
24. Security System Inspection. The City of Menifee Police Department and/or
Planning Division of the Community Development Department shall verify that the
security system has been installed in compliance with the City of Menifee Police
Department's requirements prior to final occupancy.
Page 9 of 10
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 10 of 10
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that
the foregoing Planning Commission Resolution No. PC21- 542 as duly adopted by the
Planning Commission of the City of Menifee at a meeting thereof held on the 14th day of July
2021 by the following vote:
Ayes: LaDue, Thomas, White, Madrid, Diederich
Noes: None
Absent: None
Abstain: None
Ste hanie Roseen, CMC
Deputy City Clerk