PC22-567RESOLUTTON NO. PC 22-567
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. PLN22-0123 FOR THE QUAIL VALLEY MARKET TYPE 21
LICENSE FOR THE SALE OF DISTILLED SPIRITS FOR OFF.SITE
CONSUMPTION
WHEREAS, on May 5,2022, the applicant, Muti Alnakoud, filed a formal
application with the City of Menifee for a Conditional Use Permit for the sale of distilled
spirits (in addition to beer and wine) for off-site consumption within an existing
neighborhood market located at 23980 Newport Drive at the northwest corner of
Newport Drive and Palm Drive within the City of Menifee; and
WHEREAS, pursuant to the requirements of the California Environmental Quality
Act (CEQA) the project has been determined to be exempt from CEQA review pursuant
to Section 15301 "Existing Facilities"; and
WHEREAS, on August 10,2022, 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 for Conditional Use Permit
No. PLN22-0123, which hearing was publicly noticed by a publication in a newspaper of
general circulation (Ihe Press Enferprlse), an agenda posting, and notice to property
owners within 1,000 feet of the Project boundaries, and to persons requesting public
notice; and
WHEREAS the Planning Commission of the City of Menifee makes the following
Findings:
Consistency with the General Plan. The proposed design and location of the
conditional use ls conslstent with the adopted General Plan and any
applicable specific plan:
Surrounding general plan land use designations include Commercial Retail to the
north, south, east and west. The pro.ject, for a neighborhood market, is
compatible with the surrounding general plan land uses.
2. The proposed desrgrn and location of the conditional use meet all
applicable standards of development and operation of the City's Zoning Code,
including any applicable specific use regulations.
The project is zoned General Commercial (CR). The sale of distilled spirits for
off-site consumption at the neighborhood market is allowed in the Commercial
Retail zone with approval of a conditional use permit. The proposed project is
consistent with the development standards of the Commercial Retail zone.
Title 9 Article 5 Section 9.255 "Alcoholic Beverage Sales" regulates the sale of
alcohol in the City of Menifee. The project is not situated in a manner that
vehicle traffic from the facility may reasonably be believed to be a potential
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The General Plan land use of the site is Commercial Retail (CR). The proposed
project, a request to upgrade the existing ABC License from Type 20 b fype 21
for the sale of distilled spirits for off-site consumption at an existing neighborhood
market, meets the requirements of the Commercial Retail land use designation
with the approval of a conditional use permit.
CUP No. PLN22-0123
August 10, 2022
hazard to a school, church, public park or playground. The project site is not
Iocated 600 feet as measured between the main entrance of the almhot selling
business and the closest public entrance to the relgious or educational institution
(K-12), day care or public park. There is no other liquor store, convenience store,
mini-mart or service station selling distilled spirits within the vicinity of the
proposed project. Therefore, the proposed project is consistent with Title 9
Article 5 Section 9.255 "Alcoholic Beverage Sales, Consumption and
Manufacturing".
3. That the proposed site is adequate in size and shape to accommodate the
conditional use in a manner that is compatible with existing and planned uses in
the vicinity.
The project site is not located within 600 feet of the nearest boundary of a public
or private school, church (or similar facility for the sole purpose of the exercise of
religion) or public or private park or playground- There is no other liquor store,
convenience store, mini-mart or service station selling distilled Spirits within the
vicinity of the proposed project, with exception of a Circle K southeast of the
project site, which only sales beer and wine.
4. That the proposed design and location of the conditional use will not be
detrimental to the public health, safety or welfare, or materially injuious to uses,
propefties or improvements in the vicinity.
The establishment is existing, and the proposed ABC License upgrade will not be
detrimental to the public health, safety and welfare. The rmprovements to the
site were reviewed and approved by the County of Riverside when the market
was originally established.
The Project has been reviewed by Menifee Police Department and conditions of
approval as appropriate will be enforced to ensure compliance with applicable
regulations. The applicant will be required to submit an application and recerved
approval with the California Department of Alcoholic Beverage Control (ABC)
prior to sale of distilled spirits as required by a Type 21 License.
The project is exempt from CEQA per Section 15301 Existing Facilities, which
consists of the operation, repair, maintenance, permitting leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use
The project proposes the sale of distilled spirits for off-site consumption at a
neighborhood market. There are existing single family residential uses to the
north and west of the site, Palm Drive and the Quail Valley Fire Station to the
east, and Newport Drive and a vacant commercial office building and vacant
properties to the south. The residential uses to the north are buffered from the
site by mature trees and the homes are setback between 40 and 50 feet from the
property. The rear setback for the market is vacant and is approximately 45 feet
that buffers the existing residence to the west. The market is intended to serve
as a small market serving the neighborhood. The sale of distilled spirits at the
market is not anticipated to result in substantial impacts to surrounding
residential uses due to the buffering between the uses.
5. The project is exempt from CEQA per Section 15301 "Existing Facilities"
CUP No. PLN22-0123
August 10,2022
interior partitions, plumbing and electrical conveyances; (e) Additions to existing
structures provided that the additions will not result in an increase of more than:
(1) 50% of the floor area of the structures before the addition or 2,500 square
feet, whichever is less.
The project is to allow for the sale of beer, wine and distilled spirits for off-site
consumption. The poect does not involve changes or alterations to the existing
building/structure on-site. Therefore, the project qualifies for the exemption under
Section 1530'1.
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
and orders as follows:
2 Conditional Use permit PLN22-0123 is hereby approved subject to the
Conditions of Approval Exhibit "1" to this Resolution.
PASSEO, APPROVED AND ADOPTED this the 1Orh day of August 2022.
Qo,,l#
David White, Chairman
Attest:
chel Valencia, Acting Deputy City Clerk
Approved as to form:
Tha(B$a6 lAssistant City Attorney
beyond that existing at the time of the lead agency's determinatron. This
exemption includes (a) interior or exterior alterations involving such things as
1. The Findings set out above are true and correct.
0
Exhibit "1"
GONDITIONS OF APPROVAL
Planning Application No.: Minor Conditional Use Permit No. PLN22-0123
Assessor's Parcel No.: 350-254-033, 350-254-031 , 350-254-014
MSHCP Category
DIF Category
TUMF Category:
Approval Date:
Expiration Date:
Within 48 Hours of the Approval of This Project
1. Filinq Notice of Exemption (NOE). The a
Minor Conditional Use Permit No. PLN22-0123 "Quail
Valley Market", Quail Valley Market is an existing 2,410
square foot neighbor convenience store offering pre-
package food and beverages, including refrigerated items
and fresh produce. Previously the facility held a type 20
liquor license and is proposing for a type 21 license. The
hour of operation for the market is from 6:00am to midnight,
7 days a week with two employees at the largest shift.
N/A
N/A
N/A
August 10, 2022
August 10,2025
pplicanudeveloper shall deliver to the
Planning Division a cashier's check or money order made payable to the City of
Menifee in the amount of fifty dollars ($50.00) for the County administrative fee, to
enable the City to file the Notice of Exemption required under Public Resources
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Code Section 21152 and California Code of Regulations Section 15062
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, conlractors, 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 applicanvdeveloper 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
Projec{ and the Property forwhich the Project is being approved. ln addition tothe
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 Minor Conditional Use Permit No. PLN22-0123 (MCUP
PLN22-0123 Offsite Alcohol Sales) shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Minor Conditional Use Permit No
PLN22-0123, dated April, 2022.
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 projecl as a result
of the approval or conditional approval of this project.
Comply with All Conditions. The applicanUdeveloper shall comply with all terms
and conditions of Minor Conditional Use Permit No. PLN22-0'123.
Comply with Ordinances and Codes. The development of these premises shall
comply with the standards of the Menifee Municipal Code and all other applicable
guidelines, State and Federal codes.
Revocation. ln 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 testrmony, or c) is found to be detrimental to the
public health, safety or general welfare, or is a public nuisance, this permit shall be
subiect 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 all times during the conduci of the permitted use the permittee shall
maintain and keep in efiect valid licensing approval from the Department of Alcohol
Beverage Control, or equivalent agency as provided by law. Should such licensing
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be denied, expire or lapse at any time in the future, this permit shall become null
and void.
Expiration Date. This approval shall be used within three (3) years ofthe approval
date; otherwise, it shall become null and void and of no effect whatsoever. By use
is meant the beginning of substantial construdion 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.
Subsequent Submittals and Fees. Any subsequent submittals required by these
conditions of approval, including but not limited to grading plan, building plan or
mitigation monitonng 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. 18-740 (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.
Exterior Noise Levels. Facility-related noise, as projected to any portion of any
surrounding property containing a "sensitive receiver, habitable dwelling, hospital,
school, library or nursing home", must not exceed the following worst-case noise
levels 45 dB(A) - 1o-minute noise equivalent level ("leq"), between the hours of
10:00 p.m. to 7:00 a.m. (nighttime standard) and 65 dB (A) - 10 minute leq,
between 7:00 a.m. and 10:00 p. m. (daytime standard).
Hours of Operation -Quail Valley Market. Market hours of operation shall be
from 6:00am to midnight, 7 days a week with two employees at the largest shift.
Beer, Wine and Distilled Spirits. This approval is for the sale of alcohol for off-
site consumption only.
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.
Beer, Wine and Distilled Spirits. The following development standards shall
apply to the sale of beer, wine, and distilled spirits:
a. The sale of the following single self-serve containers that are not package will
not be permitted (No small mini self-distilled spirits, malts, and wine bottles).
(Amended by the Planning Commission on August 10,20221
aa. Staff shall reserve the right to monitor criminal activities and calls for
service and give the Planning Commission the opportunity to revisit this
approval again, if determined that it is needed by the Director of
Community Development. (Added by the Planning Commission on
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17.
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.
August 10,2022)
b. No sales of alcoholic beverages shall be made after midnight.
c. No displays of beer, wine or other alcoholic beverages shall be located within
five feet of any building entrance or checkout counter.
d. No lighted advertising for beer, wine or other alcoholic beverages shall be
located on the exterior of buildings or within window areas.
f. No sale of alcoholic beverages shall be made from a drive-in window
18. Liquor Store Not Approved. The CUP is not for the approval of a liquor store
19. Bar or Restaurant Not Approved. The CUP is not for the approval of a bar or
restaurant.
20. 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 tenant
space. Security cameras shall be installed in the interior of this business that records
the service areas as well as the cash registers. The interior cameras shall be equipped
with recording capabilities allowing it to save a minimum of four months of recording
time.
Prior to Final Occupancy
21. Security System lnspection. The City of Menifee Police Department and/or
Planning Division of the Community Development Department shall verify that the
secunty system has been installed prior to final occupancy
The undersigned warrants that he/she is an authorized representative ofthe 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
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e. Employees selling beer, wine and distilled spirits shall be at least 21 years of
age.
Name (please print)Title (please print)
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