DRAFT CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2021-2469 MARCH 13, 2024 The approval of Conditional Use Permit (CUP-2021-2469) allows for beer and wine sales within a convenience store (“Project”) in conjunction with Development Plan 2021-2466, Phasing Plan 2021-2470 and Tentative Parcel Map (TPM-2021-2468) 38837. The applicant is seeking a Type 20 license from the California Department of Alcoholic Beverage Control. The project includes construction of the structure, on-site parking lot, landscaping, and associated improvements located northeast of the intersection of Mitchell Road and Clinton Keith Road (APN: 392-230-035). This permit runs with the land and shall be binding upon the owner of the subject property (“Permittee”) and all subsequent successors in interest.
PLANNING DIVISION
General Requirements
The Permittee/Owner shall defend (with attorneys approved by the City), indemnify and hold harmless the City of Murrieta, its agents, officers, and employees from any claims, damages, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this approval Conditional Use Permit 2021-2469. The City will promptly notify the Permittee of any such claim, action, or proceeding against the City and will cooperate fully in the defense.
Any fees due the City of Murrieta for processing this project shall be paid to the City within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted. No permits, site work, or other actions authorized by this action shall be processed by the City, nor permitted, authorized or commenced until all outstanding fees are paid to the City.
Pursuant to Section 711.4 of the State of California Fish and Game Code, the applicant is required to pay a $50.00 handling fee. Said fees shall be paid to the Clerk/Recorder of the County of Riverside at the time the Notice of Determination is filed pursuant to Section 21152 of the Public Resources Code. If this fee is not paid, the approval of this project shall not be operative, vested, or final. In order to comply with State mandated time lines for filing of a Notice of Determination the above fee must be delivered to the Planning Division within two (2) working days after the Effective Date.
The development of these premises shall comply with the standards of the City’s Development Code and all other applicable State and Federal codes.
In the event the use hereby permitted under this permit is: (a) found to be in violation of the terms and conditions of this permit; (b) found to have been obtained by fraud or perjured testimony; or (c) found to be detrimental to the public health, safety or general welfare, or a public nuisance; this permit shall be subject to the revocation procedures in Section 16.82 of the Development Code.
The Permittee/Owner shall obtain approval of all necessary plans for the construction of structures on the subject property in accordance with the Murrieta Development Code.
Such plans include, but are not limited to, site plans, floor plans, building elevations, grading plans and landscaping plans.
This approval shall be used within three (3) years of approval date, otherwise it shall become null and void and of no effect whatsoever in accordance with Development Code Section 16.52.060.B.
Prior to the expiration of this approval, the Permittee may request an extension of time in which to use this approval in accordance with Development Code Section 16.80.
The project conditionally permitted with this application is for alcohol sales. The business shall be operated in compliance with the statement of operations (attached to the Resolution Exhibit G and incorporated herein by this reference).
All descriptions of operations shall be maintained throughout the life of the Conditional Use Permit, unless a revision is approved by the Planning Division. Any proposed change substantially different than the approved plan shall require an amendment to this approval in accordance with the Development Code.
The use shall be considered to have expired if the use for which this Conditional Use Permit was granted ceased or was suspended for at least 180 successive days, in accordance with Development Code Section 16.52.060.G.
The project shall comply with the provisions pertaining to noise as stated in Section
16.30 of the City of Murrieta Municipal Code.
The project site shall be the point-of-sale for the purpose of collecting any sales tax on goods that are sold, delivered or rented on the site.
The convenience store and fueling facility shall be operated in compliance with the approved project narrative/statement of operations (attached to the Resolution Exhibit G and incorporated herein by this reference).
Development Code Section 16.44.030.D (Operating Requirements) Graffiti. Within forty-eight (48) hours of any graffiti being painted or marked upon the premises or on any adjacent area under the control of the permittee, the permittee shall report the graffiti to the Murrieta Police Department and remove or paint over the graffiti.
Ads and Signs. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.
Displays. There shall be no interior displays of alcoholic beverages or signs which are clearly visible to the exterior. No more than twenty-five percent (25%) of the square footage of each of the windows and clear doors of an off-sale premises facility shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises.
Outdoor Lighting. The permittee shall provide nighttime lighting of the building exterior. The lighting shall be of sufficient illumination so as to enable law enforcement personnel to identify a person.
Litter. The permittee shall remove litter from the premises, public sidewalks and parking lots daily, and shall keep the areas swept weekly to prevent debris buildup. Trash cans shall be added and "No Littering" signs shall be posted on the premises.
Alcohol Sale Hours. The sale of alcoholic beverages may be permitted only between the hours of 6:00 a.m. and 12:00 a.m. midnight each day.
Smoking Ordinance. The requirements of Murrieta Municipal Code Chapter 5.23 regarding smoking shall be complied with at all times.
State License Conditions. Prior to city approval on any ABC zoning affidavit, the applicant shall submit to the city a signed letter addressed to the ABC stipulating to include the appropriate city of Murrieta conditions in the ABC license.
Loitering. Loitering is prohibited on or around the premises. "No Loitering" signs (size and location to be determined by the city) are required.
Minimum Employee Age. In compliance with ABC regulations, no person under the age of twenty-one (21) shall be employed as a bartender or cocktail server. No person under the age of eighteen (18) shall serve alcohol within an eating place only if such service is incidental part of overall duties. Within retail stores, employees ages seventeen (17) and younger may sell only if directly supervised by someone at least twenty-one (21), otherwise no person under the age of eighteen (18). Employees within premises that sell alcohol and motor vehicle fuel must be twenty-one (21) for sales between 10:00 p.m. and close.
Employee Behavior. No employee or agent shall solicit or accept any alcoholic or non- alcoholic beverage from any customer while on the premises.
Open Containers or Drinking Not Allowed. No alcoholic beverages shall be consumed on the premises of an off-sale establishment, and no alcoholic beverages shall be consumed outside the edifice of an on-sale establishment. "No Open Containers" signs (size and location to be determined by the city) are required to be posted if open containers are found by the police department to be a chronic problem.
ABC Training. The owner and management of each alcoholic beverage use shall provide ABC approved and/or certified training for all employees who sell or serve alcoholic beverages at the first available opportunity or no later than thirty (30) days from the employee's date of employment.
Records. The permittee shall at all times maintain records which reflect separately the gross sale of alcoholic beverages and the gross sales of all other products of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the police department within five (5) business days following notice.
Development Code Section 16.44.030.E.3 (Convenience Stores) Only beer and wine may be sold, and only for off-site consumption. No sales of distilled spirits or pre-mixed distilled spirit cocktails is permitted.
Cold beer or wine shall only be sold from, or displayed in, the main, permanently affixed electrical cooler only.
No displays of beer, wine or other alcoholic beverages shall be located within ten (10) feet of any building entrance or check-out counter, unless the display is not physically accessible to customers.
Beer, malt beverage products and wine coolers shall be sold, regardless of container size, only in manufacturer pre-packaged multi-unit quantities.
Wine shall not be sold with an alcoholic content of greater than fifteen percent (15%) by volume except for "dinner wines" which have been aged two years or more and maintained in packaged bottles.
The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises.
The sale and delivery of alcoholic beverages shall be made to persons who are within the permitted premises only and not through a pass-out window, or a slide out tray to the exterior of the premises.
No advertising for beer, wine or other alcoholic beverage shall be located on gasoline islands; and no lighted advertising for beer, wine, or other alcoholic beverages shall be located on the exterior of buildings or within window areas.
The sale of beer and wine shall be incidental to, and in conjunction with, the sale of food, groceries and sundries, and the area (not including storage) devoted to the display and sale of beer and wine shall not exceed ten percent (10%) of the retail floor area.
Surveillance cameras and equipment shall be installed to record all purchases and attempted purchases of alcoholic beverages in accordance with the specifications provided by the police department. The equipment shall be able to record a minimum of twenty-four (24) hours of operation. The facility operator shall maintain the recordings for the prior sixty (60) days and make the recordings available to the police department within twenty-four (24) hours upon request. The recordings shall be made available for use in evidence against persons who purchased or attempted to purchase alcoholic beverages as well as for use in court or any administrative proceeding.
Signs shall be posted outside the building at or near the motor vehicle fuel servicing area and inside near the cash registers notifying the public that, "All alcoholic beverage transactions are monitored in cooperation with the Murrieta Police Department." The size, wording and letter style of the advisory sign shall be as determined by the police department.
Final Inspection:
Unless otherwise indicated, all conditions shall be fully constructed and implemented prior to final inspection of the building and/or site improvements.
All existing outdoor advertising displays, signs or billboards shall be removed, except for signs permitted by the Development Code.
POLICE DEPARTMENT
The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control.
Graffiti shall be removed from the exterior walls and windows of the premises within 24 hours of discovery at the expense of the owner or property manager.
Block Walls: All exterior perimeter block walls shall have landscaping in front of the wall (i.e. shrubbery, vines, etc.) which conforms to the existing development standards and will aid in the deterrence of graffiti and similar vandalism to the satisfaction of the Chief of Police or his designee.
There shall be no special promotional events held on the property which would adversely affect the approved parking requirements or public safety, unless a written request for such is received and approved by the City of Murrieta Planning Department and the Police Department at least thirty (30) days in advance.
The premises and parking lots of the location shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the premises and parking lot areas. All lighting must conform to Mt. Palomar lighting standards.
Building Numbering: The number of each independently addressed building on the property must be visible from 100 feet and large (at least 12 inches in height and a contrasting color from the building) and appropriately placed to be clearly seen by emergency responders.
Roof Address Numbering: The number of each independently addressed building on the property shall be marked with a reflective material (vinyl or paint), or in a color that contrasts the color of the roofing material. The lettering must be at least 24 inches in height so that the address can be viewed from the sky and is on the flat portion of the roof of the building and does not negatively impact the aesthetics of the project. The lettering must be positioned so that the address faces the direction of the corresponding street for which the address is assigned.
Video Surveillance System plans for the site must be submitted to the Police Chief or designee for approval of the site security plan. The security plan shall include the technological capabilities of the surveillance system, a project map indicating the intended placement of the surveillance cameras, how video records are to be maintained and accessed by law enforcement.
The applicant shall install an operational video surveillance system capable of day and night viewing which encompasses all customer interiors and entrances/exits to the satisfaction of the Chief of Police or designee.
Video surveillance records must be stored in a secured location and maintained by the business for at least thirty (30) days and made available to any law enforcement agency for viewing and/or copying within one (1) business day.
A “No Smoking” sign shall be placed outside the main entrances of the building in compliance with 5.23.040(a) MMC and referencing this section to prevent smoking within 15 feet of entrances. The signs must be at a minimum, 12” high by 9” wide and clearly state “No Smoking within 15 feet of doorway” with the universal no smoking logo on the sign and section 5.23.040(a) MMC referenced on the sign.
All alcohol sales must comply with the city of Murrieta Development Code.
Establishments selling alcohol products must comply with the permit process and requirements set forth by the State of California, Alcoholic Beverage Control. Each check stand register shall be equipped with either a digital scan identification verification device which is capable of scanning the identification card/driver’s license to verify the customer is at least 21 years old; or similar device where the birth date of the customer can be entered by the store employee. The verification system must be approved by the Chief of Police or designee prior to occupancy.
Each employee selling or serving an alcoholic beverage must verify customer identification to ensure the customer is at least 21 years old by utilizing one of the following forms of customer identification:
A California driver’s license.
A valid California identification card.
A valid military identification card (active, reserve, retired, and dependent) A valid driver’s license from and of the fifty States or Territories of the United States A valid U.S. Passport
A valid government issued identification card issued by a Federal, State, County or City agency, provided it complies with the requirements listed below (25660 of the Business and Professions Code).
Name of person
Date of birth
Physical description
Photograph
Currently valid (not expired)
No alcoholic beverages shall be sold from any temporary locations on the premises such as ice tubs, barrels, or any other containers.
No alcoholic beverages shall be consumed on any property adjacent to the ABC licensed premises, including the parking lot or other landscaped area, under the control of the ABC licensee.
The Applicant shall prevent its customers from congregating or loitering in the parking lot.
Outdoor amplification systems, loudspeakers and paging devices shall not be used outside the licensed premises.
There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages, which are clearly visible to the exterior, shall constitute a violation of this condition.
Establishments selling tobacco products and paraphernalia must comply with all provisions of chapters 5.23 and 5.24 of the Murrieta Municipal Code which governs the display, sales and use of tobacco products. The applicant shall be restricted in the advertisement or display for sale, sales of glass tobacco pipes of any kind, including water pipes or smoking bongs and must also adhere to the permit process and requirements set forth by the County of Riverside, Department of Public Health prior to occupancy.
Each check stand register shall be equipped with a digital scan identification verification device which is capable of scanning the identification card/driver’s license to verify the customer is at least 18 years old; or similar device where the birth date of the customer can be entered by the store employee. The verification system must be approved by the Chief of Police or designee prior to occupancy.
Each employee selling tobacco products must verify customer identification to ensure the customer is at least 18 years old by utilizing one of the following forms of customer identification:
A California driver’s license.
A valid California identification card.
A valid military identification card (active, reserve, retired, and dependent) A valid driver’s license from and of the fifty States or Territories of the United States A valid U.S. Passport
A valid government issued identification card issued by a Federal, State, County or City agency, provided it complies with the requirements listed below (25660 of the Business and Professions Code).
Name of person
Date of birth
Physical description
Photograph
Currently valid (not expired)
There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of tobacco products or paraphernalia. Interior displays of tobacco products or paraphernalia which are clearly visible to the exterior, shall constitute a violation of this condition.
There shall be no ashtray displayed or available for use outside the business.
END OF CONDITIONS
Exhibit DExhibit D
Exhibit D
Exhibit D
Conditions of Approval Conditional Use Permit 2021-2469March 13, 2024Page 2 of 8Conditions of Approval Conditional Use Permit 2021-2469March 13, 2024Page 2 of 8 Conditions of Approval Conditional Use Permit 2021-2469 March 13, 2024
Conditions of Approval Conditional Use Permit 2021-2469 March 13, 2024