11-219 Resolution No. 11-219
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE
AMENDING THE SIGN STANDARDS WITHIN THE ARCHITECTURAL DESIGN
GUIDELINES OF SPECIFIC PLAN NO. 248 NEWPORT HUB
(APN 336-380-049 and 050)—TEXAS ROADHOUSE
Whereas, on December 30, 2010 the applicant, Legendary Restaurants filed a
formal application with the City of Menifee to amend the sign standards found in the
Architectural Guidelines of Specific Plan No. 248 "Newport Hub".
Whereas, on May 24, 2011, the City of Menifee Planning Commission
considered public testimony and materials in the staff report and accompanying
documents, which hearing was publicly noticed by a publication in a newspaper of
general circulation, an agenda posting, and notice to property owners within 1,000 feet
of the project site boundaries; and
Whereas, on May 24, 2011, the City of Menifee Planning Commission made the
following findings for Specific Plan Amendment No. 2010-201 Texas Roadhouse:
1. The project is located within Specific Plan No. 248 which was approved by the
County of Riverside in 1991.
2. The Architectural Guidelines for Specific Plan No. 248 allow three (3)
freestanding project identification signs along Interstate 215.
3. The architectural guidelines do not take into account modern retail needs.
4. The addition sign would be consistent with the architectural design guideline's
goal of enhancing the aesthetic appeal of the project.
5. The project site is designated as Community Development: Commercial Retail on
the Sun City/Menifee Valley Area Plan and is zoned Specific Plan No. 248.
6. There is a reasonable probability that the project will be consistent with the future
adopted general plan, including a housing element that is consistent with state
housing element law. This property is within a Specific Plan and the land use is
not anticipated to change.
7. There is little or no probability that the project will be detrimental to or interfere
with the implementation of the future adopted general plan, including a housing
element that is consistent with state housing element law.
8. The project proposes a restaurant, commercial uses and signage located on the
northeast corner of Haun Road and Newport Road which is an existing
commercial portion of the City. The project promotes the vision and values by
focusing growth in an urban area. The project is not inconsistent with the vision
and values of Menifee.
9. The public's health, safety and general welfare are protected through project
design.
4821-4645-1207.1
10. The amendment is clearly compatible with the present and future logical
development of the area.
11. An Environmental Assessment was prepared for the proposed project. The
Environmental Assessment determined that the proposed project would not have
a significant effect on the environment with mitigation incorporated.
NOW, THEREFORE, the City Council of the City of Menifee resolves and orders
as follows:
1. The Findings set out above are true and correct.
2. A Mitigated Negative Declaration is hereby approved and staff is
authorized to file a Notice of Determination
3. The Planning Commission recommended approval of Resolution PC 11-
077.
4. 2010-201 SPA Texas Roadhouse is hereby approved subject to the
Conditions of Approval Exhibit "A" to this Resolution.
PASSED, APPROVED AND ADOPTED this theh 7 day of June, 2011.
�-
Wallace W. Edgerton, Mayor
Attest: Approved as to form:
Kathy Bennett, City Clerk Karen Feld, City Attorney
4821-4645-1207.1
EXHIBIT "A"
Conditions of Approval for Specific Plan Amendment
No. 2010-201
TEXAS ROADHOUSE
Rev 5-25-11
Conditions of Approval for Specific Plan amendment No. 2010-201
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Conditions Applicable to all
Departments
General Conditions
1. 2010-201 Specific Plan Amendment. This Amendment modifies the
existing sign standards for the Newport Hub Specific Plan No. 248. Specific Plan
248, Newport Hub, was approved by the Riverside County Board of Supervisors
on June 18, 1991. Three freestanding project identification signs are allowed in
the existing sign standards of the Specific Plan. This amendment allows a fourth
freestanding identification sign. The sign shall not exceed 150 square feet in
sign area and 35 feet in height. The sign shall be located on the Texas
Roadhouse site, PP 2010-202 (APN 336-380-049).
2. Indemnification. The developer/applicant shall indemnify, protect, defend, and
hold harmless, the City and any agency or instrumentality thereof, and/or any of
its officers, employees and agents (collectively the "City and County") from any
and all claims, actions, demands, and liabilities arising or alleged to arise as the
result of the applicant's performance or failure to perform under this Plot Plan or
the City's approval thereof, or from any proceedings against or brought against
the City, or any agency or instrumentality thereof, or any of their officers,
employees and agents, to attack, set aside, void, annul, or seek monetary
damages resulting from an action by the City, or any agency or instrumentality
thereof, advisory agency, appeal board or legislative body including actions
approved by the voters of the City, concerning Plot Plan No. 2010-202, Specific
Plan Amendment No. 2010-201 and the Environmental Assessment.
3. 90 Days to Protest. The project developer has 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 this approval or conditional approval of this project.
4. Newly Incorporated City. 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 may identify
and fund mitigation measures 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
Conditions of Approval for Specific Plan amendment No. 2010-201
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districts to cover the costs of maintenance of improvements constructed by
development, Developer 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 developer 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
applicable terms and conditions of Plot Plan No. 2010-202.
6. Expiration. This approval shall be used only for a full service restaurant use on
APN 336-380-049; otherwise, it shall become null and void and of no effect
whatsoever.
7. Disclosure Notice for Monument Sign. The applicant will prepare a Disclosure
Notice to the future tenants/occupants/purchaser of the building planned for the
vacant parcel on the plot plan that the monument sign located along Haun Road
will be for the Texas Roadhouse only, and that no other monument signs will be
allowed on the parcel.
Conditions of Approval for Specific Plan amendment No. 2010-201
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