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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