10-134 Resolution No. 10-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING
THE FIRST EXTENSION OF TIME (EOT 2009-157) FOR
CONDITIONAL USE PERMIT No. 3460 "MENIFEE MARKET—SALE OF BEER, WINE,
AND DISTILLED SPIRITS FOR OFFSITE CONSUMPTION AND PERMITTING AND
REMODELING AN EXISTING MARKET"
Whereas, in November 2, 2009, the applicant, Dallah Harb, filed a formal
application with the City of Menifee to extend Conditional Use Permit No. 3460 for the
Menifee Market, including off-site sale of beer, wine, and distilled spirits for off-site
consumption and site improvements, in the Scenic Highway Commercial (C-P-S) zoning
district and
Whereas, on October 17, 2007, the Riverside County Planning Commission held
a duly noticed public hearing on Conditional Use Permit No. 3460, to permit and remodel
an existing market and allow the sale of beer, wine and distilled spirit for off-premises
consumption, located at 26035 Scott Road, and at that meeting the Riverside County
Planning Commission approved the Conditional Use Permit; and,
Whereas, on November 20, 2007, the Riverside County Board of Supervisors
received and filed the decision of the Planning Commission; however, condition of
approval 20. Planning 4 "Expiration Date", states that the approval shall be used within
two (2) years of the approval date; otherwise it shall become null and void and of no
effect whatsoever; and,
Whereas, Ordinance 348, Section 18.28, f. provides for extensions on the use of
conditional use permits if valid reason exists for the permittee not using the permit within
the required period of time; and,
Whereas, on March 16, 2010, the City Council, as part of their consent calendar,
considered Planning Application 2009-157 EOT including materials in the staff report
and accompanying documents, for the one year extension of Conditional Use Permit No.
3460; and,
Whereas, City staff has suggested additional conditions of approval which
address issues regarding aesthetics, signage, outdoor storage, and landscaping; and,
Whereas, the proposed conditional use permit is exempt from environmental
review, per section 15301 of the California Environmental Quality Act Guidelines,
regarding existing facilities, in that the proposal:
(a) 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 beyond that existing at the time of the
lead agencies determination.
Whereas, the conditional use permit was approved by the County in a manner
consistent with the General Plan Land Use Map and applicable General Plan objectives,
policies, and programs and the provisions of Ordinance 348, and as extended the
Conditional Use Permit continues to meet those requirements; and,
Resolution No. 10-134
Approval of Extension No. 2009-157
Whereas, According to the applicant, they were unable to begin substantial
construction of the remodel, installation of the landscaping and addition of paving ("use"
the permit) due to economic reasons, including the difficulty in securing loans for the
above mentioned work and therefore, a valid reason exists for the applicants inability to
complete the requirements within the time period as set out in Ordinance 348, Section
18.28 (f); and,
Whereas, the conditional use permit is consistent with Ordinance No. 348,
Section 18.28, or such successor ordinance as may be adopted, which provides for
conditional use procedures, enforcement, and revocations; and
Whereas, the conditional use permit is compatible with or provides adequate
buffering of adjoining uses, in that the properties to the north, south, east and west are
single-family homes on large lots that could use a convenience store; and
Whereas, the establishment, maintenance or conducting of the use for which the
conditional use permit is sought will not, under the particular case, be detrimental to the
public welfare or injurious to property or improvements in the neighborhood; and
Whereas, the establishment, maintenance or conducting of the use for which the
conditional use permit is sought will not, under the particular case, be objectionable or
incompatible with the character of the city and its environs due to noise, dust, odors or
other undesirable characteristics may be prohibited; and
Whereas, the establishment, maintenance or conducting of the use for which the
conditional use permit is sought will be essential or desirable to the public convenience
or welfare, and will not impair the integrity and character of the zoned district or be
detrimental to the public health, safety, morals or welfare; and
NOW, THEREFORE, the City Council of the City of Menifee resolves and orders
as follows:
1. The City Council finds that the project is exempt from CEQA.
2. Extension of Time No. 2009-157 for the one-year extension of Conditional Use
Permit No. 3460 to permit and remodel an existing convenience store and allow
the sale of beer, wine and distilled spirits for off-premises consumption, is
approved, subject to the additional Conditions of Approval as set forth in Exhibit
I"to this Resolution and as approved by the City Council on March 16, 2010.
PASSED, APPROVED AND ADOPTED this 4" dayo M 2010.
W I e gert , Mayor "
Attest:
A �
Kathy Bennett, City Clerk
EXHIBIT "1"
CONDITIONS OF APPROVAL FOR EXTENSION OF TIME NO. 2009-157
For a one-year extension for Conditional Use Permit No. 3460
1. Approved Project.
The use hereby allowed is for the permitting and remodel of an existing market and the
sale of beer, wine and distilled spirits for off premises consumption (ABC Type 21-Off
Sale General) for the market. The remodel consists of the conversion of a dwelling
attached to the market into additional floor and enhancements to the existing building
fagade, addition of asphalt concrete paving within the project site, 3,100 sq. ft of
landscaping and the dedication of right of way on Scott Road.
2. Existing Structure Check
Within 30 days of approval of the extension of time, the permittee or the permittee's
successor-in- interest shall apply to the Building and Safety Department for all necessary
permits, including the submission of all required documents and fees for any plan check
review as determined by the Director of the Department of Building and Safety, to
ensure that all existing building, structures and uses are in compliance with Ordinance
No. 348 and with Chapters 8.01-8.18 of the Menifee Municipal Code regarding Building
Code.
3. Comply with Conditions of Approval
The permittee shall comply with all conditions of approval for Conditional Use Permit No.
3460 and Conditional Use Permit No. 3460 Substantial Conformance No. 1.
4. Conditions in Construction Drawings.
Any submittal of construction drawings, grading plans, improvement plans, etc., shall
include a copy of these conditions of approval (in full) immediately following the cover
sheet of such plans.
5. 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 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, 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.
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
(applicant initials)
6. Indemnification. The developer,applicant shall indemnify, protect, defend, and hold
harmless, the City and County 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 and
County's approval thereof, or from any proceedings against or brought against the City
or County, 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 County, or any agency or instrumentality thereof, advisory
agency, appeal board or legislative body including actions approved by the voters of the
City, concerning EOT 2009-157.
7. Prior to Building Permit Issuance -Inspection Fees.
Prior to issuance of building permits, the permit holder shall open a Landscape DBF
case and deposit the prevailing DBF amount to cover the Six Month and One Year
Landscape Inspections. In the event that no Landscape DBF case type is available
through the City, then the applicant shall open and deposit sufficient funds into an HR
case type at the current prevailing, Council adopted, hourly rate. The amount of hours
for the Six Month and One Year Landscape Inspections will be determined by the
Planning Department's Landscape personnel prior to approval of the requisite Minor Plot
Plan for Planting and Irrigation.
8. Prior to Final Inspection - Removal of Signage
The existing, unpermitted "Menifee Market" pole-sign located along Scott Road is
located in the public right-of-way and shall be removed prior to buildings final inspection.
9. Prior to Final Inspection -Outdoor Storage
Prior to final inspection, all outdoor storage shall be screened from public view with
appropriate fencing and/or landscaping. No outdoor storage will be allowed within 50
feet of the front property lines or within 10 feet of the side and rear property lines.
10. Prior to Final Inspection - Hay Cover
Prior to final inspection, the existing hay cover shall be painted consistent with the colors
for the remodeled market/convenience store. No signage shall be allowed on the
exterior of the structure without the approval of a minor plot plan for signage affixed to a
building.
11. Prior to Final Inspection — Landscape/Irrigation Install Inspection - The permit
holder's landscape architect responsible for preparing the Landscaping and Irrigation
Plans shall arrange for an Installation Inspection with the Planning Department at least
fifteen (15) working days prior to final Inspection of the structure
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
Conditions of • • • for 1 . '1
li }b Yii f.
10. EVERY 001 - USE —PROJECT ' Status. Pdgdltions 7
GENERAL CONDITIONS DESCRIPTION INEFFECT orm�tipnal
The use hereby permitted is for the sale of beer, wine, and distilled spirits for off
premises consumption (ABC Type 21- Off Sale General) for an existing 1,714 square
foot convenience store. Additionally, the project proposes to demolish the 1,714
square foot dwelling area within the facility in order to expand the 1,068 square foot
liquor store, enhance the existing building facade, provide asphalt concrete paving
along the project site and 3,100 square feet of landscaping, and 21' feet of dedication
to provide for a 76' half width right-of-way.
10. EVERY 002 USE -HOLD Status. Conditions: '
GENERAL coNOlnoms HARMLESS INEFFECT ,�Informakional i
The applicant/permittee or any successor-in-interest shall defend, indemnify, and hold
harmless the County of Riverside (COUNTY) its agents, officers, or employees from
any claim, action, or proceeding against the COUNTY, its agents, officers, or
employees to attack, set aside, void, or annul an approval of the COUNTY, its advisory
agencies, appeal boards, or legislative body concerning CUP03460. The COUNTY will
promptly notify the applicant/permittee of any such claim, action, or proceeding
against the COUNTY and will cooperate fully in the defense. If the COUNTY fails to
promptly notify the applicant/permittee of any such claim, action, or proceeding or
fails to cooperate fully in the defense, the applicant/permittee shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the COUNTY.
— -- -- - 77, 17- „
USE - DEFINITIONS --
10. EVERY 003 Status ,� P
C pditlons L
GENERAL CONDITIONS INEFFECT rhnformatlgnal � ' � ',r_
The words identified in the following list that appear in all capitals in the attached
conditions of Conditional Use Permit No.3460 shall be henceforth defined as follows:
APPROVED EXHIBIT A = Conditional Use Permit No. 3460 Exhibit A, site plan, dated
9/7/07. APPROVED EXHIBIT B = Conditional Use Permit No. 3460, Exhibit B,
elevations pages 1-2 , dated 9/7/07 APPROVED EXHIBIT C = Conditional Use Permit
No. 3460, Exhibit C, floor plans, dated 9/7/07 APPROVED EXHIBIT L = Conditional Use
Permit No. 3460, Exhibit L, landscape plan pages 1-3, dated 9/7/07. APPROVED
EXHIBIT M = Conditional Use Permit No. 3460, exhibit M, color and material board,
dated 9/7/07.
r
10. EVERY 004 USE - 90 DAYS TO Status C ndltldhd:
GENERALCONDITiONSPROTEST INEFFECT hI nformational
h '
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
Conditions of Approval
Extension of Time 1009-157 for
Conditional Use Permit No.3460"Menifee Market"
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.
IO.EPD 001 " EPD COMMENTS,- Status: ' Conditions
GENERAL CONDITIONS MSHCP COMPLIANT INEFFECT !Informati,dnal ,
SITE IS ALREADY COMPLETELY DEVELOPED PER AERIAL PHOTOS THUS NO BIO
ASSESSMENTS ARE REQUIRED FOR THIS CASE.
10.FLOOD RI 001 USE FLOOD Status.
GENERAL CONDITIONS HAZARD REPORT INEFFECT d Info'rinational
Conditional Use Permit 3460 proposes to remodel an existing combination market and
residence by converting the residential portion to commercial market usage. Also
proposed is an upgrade of an existing liquor license for the sale of beer and wine to
hard liquor. CUP 3460 was originally submitted as Plot Plan 19863 to the District on
November 1, 2004. The project site is located south of Scott Road, north of Boudreau
and west of Helen Lane in the Menifee area. The project site is located on a ridgeline
between two hilltops and therefore is not subject to offsite flows. Except for nuisance
nature local runoff that may traverse portions of the property, the project is
considered free from ordinary storm flood hazard. However, a storm of unusual
magnitude could cause some damage. New construction should comply with Section
1B of Ordinance 457, by elevating the finished floor a minimum of one foot above the
adjacent ground, measured at the upstream edge of the structure. The District is
concerned however with the water quality issues of the onsite flows from the parking
lot conveyed directly to the street. The applicant shall propose a design that directs
flows from the impervious areas to landscaped areas to the extent feasible given the
topographic constraints. This may require additional landscaped areas beyond what is
shown on the Tentative Exhibit.
10.PLANNING 001 USE COMPLY Status: Gohditions:
GENERAL CONDITIONS WITH'ORD./CODES INEFFECT �Info�rina6gnal r+
_
The development of these premises shall comply with the standards of Ordinance No.
348 and all other applicable Riverside County 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.P NG 002 USE -'FEES FOR Status:
GENERAL CONDITIONS REVIEW INEFFECTInfoirmakional -
'
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 Ordinance No. 671. Each submittal shall
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
be accompanied with a letter clearly indicating which condition or conditions the
submittal is intended to comply with.
10.PLANNING 003 USE - LIGHTING Status. jCondltlons
GENERAL CONDITIONS HOODED/DIRECTED INEFFECT ' Intorinat14na1
VWai41' it v4 '_' `. ._.. ..
Any outside lighting shall be hooded and directed so as not to shine directly upon
adjoining property or public rights-of-way,
10.PLANNING 004 USE- COLORS &" Status. ��Condit;ons;T
GENERAL CONDITIONS MATERIALS INEFFECT ,pInformational
l
Building colors and materials shall be in substantial conformance with those shown on
APPROVED EXHIBIT M.
10.PLANNING 006 USE-.HOURS OF Status: Conditions:
GENERAL CONDITIONS OPERATION INEFFECT 'Infoima`twnal
Use of the facility approved under this Conditional Use Permit (CUP) shall be limited to
the hours of 7 a.m. to 10 p.m. Monday through Sunday in order to reduce conflict with
adajacent residential zones and/or land uses.
10.PLANNING 009 USE --:NO OUTDOOR Status: Gontlitlons.'
_
GENERAL CONDITIONS ADVERTISING INEFFECT 1 informational
No outdoor advertising display, sign or billboard (not including on-site advertising or
directional signs) shall be constructed or maintained within the property subject to
this approval.
:— - — —
10;PLANNING 013 USE - LANDSCAPE Status Conpitions
GENERAL CONDITIONS SPECIES INEFFECT T nforrliational
Drought tolerant and native plant species shall be preferred over non-drought tolerant
and non-native species. However, the quantity and extent of those species shall
depend on the project's climatic zones. Alternative types of low volume irrigation are
encouraged to be used in order to conserve water.
10.PLANNING 017 USE -.RECLAIMED Status Condit
GENERAL CONDITIONS WATER INEFFECT �Intormational ,, 4
The permit holder shall connect to a reclaimed water supply for landscape watering
purposes when secondary or reclaimed water is made available to the site.
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
10.PLANNING018 USE - NO SECOND Status: �Con dirions
GENERAL CONDITIONS FLOOR INEFFECT In�OrtllatlOnai l� i
No tenant improvement permit, or any other building permit, shall be granted for any
second story, second floor, mezzanine, or interior balcony unless a plot plan,
conditional use permit, public use permit, substantial conformance or a revised permit
is approved by the Planning Department pursuant to Section 18.12 of Ordinance No.
348 in order to assure adequate parking remains within the property. Only a one story
building was approved as part of this permit and reviewed for parking standards.
"10.PLANNING 019 USE- NO RESIDENT Status: Conditions:
GENERAL CONDITIONS OCCUPANCY INEFFECT Inforry�dXlonal
sir
No permanent occupancy shall be permitted within the property approved under this
conditional use permit as a principal place of residence except the caretaker's
dwelling. No person, except the caretaker and members of the caretaker's family,
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.
7flR
—
10.PLANNING 020 — USE-MAINTAIN Status HaConditions3
GENERAL CONDITIONS LICENSING INEFFECT
At all times during the conduct of the permitted use the permittee shall maintain and
keep in effect valid licensing approval from the California Department of Alchoholic
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.
10.PLANNING 023 USE -VIABLE Status -Conditidns:
GENERAL CONDITIONS LANDSCAPING INEFFECT ' n�formationaN
All plant materials within landscaped areas shall be maintained in a viable growth
p p
condition throughout the life of this permit.
9
r10.PLANNING 025 USE CAUSES FOR Status: OnAtlitions•.
GENERAL CONDITIONS REVOCATION INEFFECT �Informatronal
I
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.
10.PLANNING 026 USE- CEASED Status. 'q�ConQirions, ,
GENERAL CONDITIONS OPERATIONS INEFFECT .r,In�prmational
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
In the event the use hereby permitted ceases operation for a period of one (1) year or
more, this approval shall become null and void.
1777 y 7777777777777,-7i
10.PLANNING 031 USE r MT PALOMAR Status ;,Condltlons:
GENERAL CONDITIONS LIGHTING AREA INEFFECT S�nfarrriational ;
Within the Mt. Palomar Special Lighting Area, as defined in Ordinance No. 655, low
pressure sodium vapor lighting or overhead high pressure sodium vapor lighting with
shields or cutoff luminares, shall be utilized.
'r1 1 --- --^ ---j
10.PLANNING 034 USE- PERMIT Status Conditiphih
GENERAL CONDITIONS SIGNS INEFFECT i=,'[nf.6fthational
No signs are approved pursuant to this project approval. Prior to the installation of
any on-site advertising or directional signs, a signing plan shall be submitted to and
approved by the Planning Department pursuant to the requirements of Section 18.30
(Planning Department review only) of Ordinance No. 348.
IO.PLANNING 038 USE —.BUSINESS Status. ,Cohjrtionq I!,
GENERAL CONDITIONS LICENSING INEFFECT 1fifdrnwitloriall
i
Every person conducting a business within the unincorporated area of Riverside
County, as defined in Riverside County Ordinance No. 857, shall obtain a business
license. For more information regarding business registration, contact the Business
Registration and License Program Office of the Building and Safety Department at
www.rctlma.org.buslic.
r-- --- - -
10.PLANNING 039 USE - IF HUMAN Status i, onditions:i,
GENERAL CONDITIONS REMAINS FOUND INEFFECT Pformational
If human remains are encountered State Health and Safety Code Section 7050.5
states that no further disturbance shall occur until the County Coroner has made a
determination as to the type of bone and whether it is of prehistoric orign. If the
remains are determined to be prehistoric human remains, the Native American
Heritage Commission shall be notified by the coroner and treatment pursuant to Public
Resources Code Section 5097.98(a) shall take effect. The Native American Heritage
Commission shall notify the appropriate NATIVE AMERICAN TRIBE who is the most
likely descendent. The descendent shall inspect the site of the discovery within 48
hours and make a recommendation as to the appropriate mitigation. After the
recommendation has been made, the property owner and a Native American Tribal
representative shall meet to determine the appropriate mitigation measures and
corrective actions to be implemented. A County representative shall facilitate all
meetings to assure compliance with all State and local laws.
10.PLANNING 040 USE - 3RD &STH Status: CoMditions.ji j,
GENERAL CONDITIONS DIST DSGN STDS INEFFECT In' rinational,
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
The permit holder shall comply with the "DESIGN STANDARDS & GUIDELINES, THIRD
AND FIFTH SUPERIVISORIAL DISTRICTS, COUNTY OF RIVERSIDE, adopted by the
Board of Supervisors, July 17, 2001.
SO.PLANNING 041 USE- STORE Status G�ontlitions:'.
GENERAL CONDITIONS RESTRICTIONS INEFFECT `Infdrmati"o.'nal
At no time shall fluorescent paint be utilized on windows. Public pay phones, arcade
games, candy machines, and other unauthorized machinery located in the immediate
vicinity of the structure shall be prohibited. Additionally, all discarded materials
existing in the rear side of the project shall be removed.
10.PLANNING 042 USE -SALE Status: Conditions::
GENERAL CONDITIONS RESTRICTIONS INEFFECT `Informational
The sale of distilled spirits shall be limited to behind the counter only. In no event
shall the sale of distilled spirits be permitted elsewhere aside from said location,
10.TRANS 001 USE -TS/EXEMPT Status
n, s','
GENERAL CONDITIONS INEFFECT `�nfQrmdtltlnai 1
The Transportation Department has not required a traffic study for the subject project.
The Transportation Department has determined that the project is exempt from traffic
study requirements.
r --- — - - —7-771
10.TRANS 004 USE -'NO ADD'L Status: Conditions:'
GENERAL CONDITIONS ROAD IMPRVMNTS INEFFECT IOformational '
No additional road improvements will be required at this time along Scott Road due to
existing improvements. NOTE: In the future, the existing driveway on Scott Road will
be restricted to right in/right out turning movement when Scott Road is widened.
F --
SO.TRANS 006 USE -.STD INTRO Status: Conditions:;
GENERAL CONDITIONS 3(ORD460/461) INEFFECT �i,.,;nfo�niatipnal
With respect to the conditions of approval for the referenced tentative exhibit, the
landowner shall provide all street improvements, street improvement plans and/or
road dedications set forth herein in accordance with Ordinance 460 and Riverside
County Road Improvement tandards (Ordinance 461). It is understood that the exhibit
correctly shows acceptable centerline elevations, all existing easements, traveled
ways, and drainage courses with appropriate Q's, and that their omission or
unacceptability may require the exhibit to be resubmitted for further consideration.
These Ordinances and all conditions of approval are essential parts and a requirement
occurring in ONE is as binding as though occurring in all. All questions regarding the
true meaning of the conditions shall be referred to the Transportation Department.
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
20.PLANNING001 USE -EXPIRATION Status Conditions:''.
PRIOR TO A CERTAIN DATE DATE INEFFECT .Outstindingk _
This approval shall be used within two (2) years of 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 two (2) 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 two year period, the permittee may request a one (1) year extension
of time request in which to use this plot plan. A maximum of three one-year extension
of time requests shall be permitted. Should the time period established by any of the
extension of time requests lapse, or should all three one-year extensions be obtained
and no substantial construction or use of this plot plan be initiated within five (5)
years of the effective date of the issuance of this plot plan, this plot plan shall become
null and void.
I — -
20.PLANNING 002 USE- LIFE OF THE Status: i 'Conditwns;'; ,--,-
PRIOR TO A CERTAIN DATE PERMIT INEFFECT hOuttiftindi6g,, `
The life of the Conditional Use Permit No.3460 shall terminate on July 1, 2017. This
permit shall thereafter be null and void and of no effect whatsoever.
20.PLANNING'003 USE- REVIEW Status: Cigniitidns:*
PRIOR TO A.CERTAIN DATE OPERATION HOURS INEFFECTOutsta'iiding
One year after issuance of occupancy permit the Planning Director and the Director of
Building and Safety shall review this permit to consider the hours of operation. If
significant complaints have been received regarding noise and nuisance, the hours of
operation of the liquor store/market may be further restricted.
20.PLANNING:004 USE -.EXPIRATION Status: CCondi ions i
PRIOR TO A CERTAIN DATE DATE-:CUP/PUP INEFFECT . OutefPnding
This approval shall be used within two (2) 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 two (2) 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 two year period, the permittee may request a one (1) year extension
of time in which to begin substantial construction or use of this permit. Should the one
year extension be obtained and no substantial construction or use of this permit be
initiated within three (3) years of the approval date this permit, shall become null and
void.
20.PLANNING005 USE -EXISTING Status:
Co
PRIOR TO A CERTAIN DATE STRUCTURE CHECK INEFFECT "Outstanding i
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
WITHIN ONE-HUNDRED TWENTY (120) DAYS OF THE EFFECTIVE DATE OF THIS
PERMIT, the permittee or the permittee's successors-in- interest shall apply to the
Building and Safety Department for all necessary permits, including the submission of
all required documents and fees for any plan check review as determined by the
Director of the Department of Building and Safety, to ensure that all existing
l buildings, structures and uses are in compliance with Ordinance No. 348 and
Ordinance No. 457 and the conditions of approval of this permit.
20.PLANNING006 USE-S.C. Status ; Conditions :.
PRIOR TO A CERTAIN DATE REQUIRED IN EFFECT put`atancjing
Within THIRTY days of the effective date of this permit, a Planning Only Substantial
Conformance application, including all required documents and fees for any plan check
review shall be submitted to the Planning Department for fagade and landscaping
improvement purposes.
20.PLANNING 007 USE- COMPLETEION statusGongrtions
PRIOR TO A CERTAIN DATE OF S.C. INEFFECTyyO} trAandlg
Within ONE YEAR of the effective date of approval of the Substantial Conformance
permit, all said improvements, listed below shall have been completed: The following
changes below shall be reflected in the site plan for the Substantial Conformance.
Fencing The project shall provide a 6' high wrought iron fence in lieu of all chain link
fencing, as shown on exhibit A. Additionally, the horizontal fence abutting the
perpendicular fence, along the east side of the project site, as shown on exhibit A,
shall now extend to the corner edge of the structure. As a result, the proposed 2'
sidewalk, as shown on exhibit A, located on the east side of the facility, shall be
removed. Parking The project site shall have a minimum of 8 parking spaces and 2
handicap spaces and be erected in a 90 degree angle Said handicap parking shall front
the facility and share a joint blue strip access, which will be placed between the 2
handicap spaces. The size of the parking spaces will be 9 ft. x 18; all end stalls shall
be 11ft x 18ft. The four (4) parking spaces shall be prohibited on the west side of the
project site, as shown on exhibit A and be relocated along the 6' high wrought iron
fence abutting the entry way of the existing feed barn. Block Wall No block wall exists
on the project site. The existing and proposed 5' block wall, as shown on exhibit A,
located on the westerly side of the project site shall be removed. Existing vegetation
No landscaping exists in the center of the project site, please remove on revised site
plan. Trash Enclosure The location of the trash enclosure shall remain as is. Existing
Facility The existing structure must show an architectural projection for the entrance,
and shall be consistent with exhibits B & C. Entrance Way The entrance way into the
existing feed barn needs to be denoted. Signage Requirement The sign of the facility
shall be located below the roof gable of the entrance way. *NO SIGNS ARE PURSUANT
TO THIS PROJECT APPROVAL. PRIOR TO THE INSTALLATION OF ANY ON-SITE
ADVERTISEMENT, A SIGN PLAN SHALL BE SUBMITTED TO THE PLANNING
DEPARTMENT PER SECTION 18.30 OF ORDINANCE NO. 348. Elevations - Exhibit B The
following changes listed below shall be reflected in the elevations for the Substantial
Conformance. Architecture. The entry way of the facility shall be the focal point of the
structure and the only feature with an architectural projection. The base of the entry
Conditions of Approval
Extension of Time 1009-157 far
Conditional Use Permit No.3460"Menifee Market"
way, which starts from the horizontal band and below, as shown on exhibit B, shall be
designed with heavy stone and in an earth tone color. From the horizontal band and
up, the wall shall be designed in Swiss coffee stucco. The roofing on the entry way
shall have clay-like shingles. In addition, two (2) 12 inch wide stone veneer columns
with a 4 inch base shall be placed on the left and right side of the entry way. Windows
design shall be consistent on both sides and shall have panel treatments. Floor Plans -
Exhibit C The following changes listed below shall be reflected in the floor plans for the
Substantial Conformance The floor plan shall denote that the entrance will project out
and not be leveled on the same plane as the left and right side of the facility, as
shown on exhibit C. The 5x8 room adjacent to the existing cooler, as shown on Exhibit
C, shall be called out. Additionally, it needs to be displayed on the elevations.
Landscaping - Exhibit L The following changes listed below shall be reflected in the
Landscape plan for the Substantial Conformance All landscaping, as shown on exhibit
L, shall be superseded by the recommendations listed below: All existing trees shall
remain. Proposed trees, as shown on exhibit L, on the east and west side of the
project site shall be removed. Reduce planter size on the westerly portion of the
project site. Provide Turf Hydroseed along with Day Lilly (1 gal) and Raphiolepus (5
gal) as accent plants. Said landscaping shall extend along the entire western portion
of the site. Ligustrum Texanum (5 gal; 3 to 4 ft on center) shall be used on the
easterly side of the project site. Use drip irrigation; one (1) emitter for Ligustrum
Texanum and two (2) emitters for existing trees. 2 street trees, to match any existing
trees along Scott Road is required. Additionally, for ground covering, myoporum from
flats 18 inch on center shall be used by the entrance *Note: 3 inch mulch will be
j required on all landscaped areas,
i
i'-'------ --- _------ -- --- -- 77 - - '-- ----""7
60.FLOOD RI 002 USE BMP - SITE Status. 'Conditions:
PRIOR TO GRADING PRMT
ISSUANCE DESIGN W.Q.BMPS INEFFECT Outstanoing,,�
Impervious areas shall be graded or constructed to drain to a filtration BMP or equally
effective alternative. The applicant shall propose a design that directs flows from the
impervious areas to landscaped areas to the extent feasible given the topographic
constraints. This may require additional landscaped areas.
80.FLOOD RL 002 USE SUBMIT.BMP Status Conditions:' m ',
PRIOR TO BLDG PRMT ISSUANCE PLANS ONLY INEFFECT 1 `OutstsndIng
The scope of the District review will be limited to verification that this proposal has
met its obligation under the County's municipal stormwater permit. A reference copy
of the improvement and grading plans along with any necessary documentation for all
structural post-construction BMPs shall be submitted to the Districts Plan Check
Section for review. The plans must receive the District's approval prior to issuance of
permits. All submittals shall be date stamped by the engineer and include a completed
Flood Control Deposit Based Fee Worksheet and the appropriate plan check fee
deposit.
80.PLANNING 003 USE-'CONFORM TO Status: ,'Condltibns:'
PRIOR TO BLDG PRMT ISSUANCE ELEVATIONS. INEFFECT Outstandings -
Conditions of Approval
Extension of Time 2009-157 far
Conditional Use Permit No.3460"Menifee Market"
Elevations of all buildings and structures submitted for building plan check approval
shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT
B
80.PLANNING004 - USE-CONFORMTO Status: �l'Contll�lonsx
PRIOR TO BLDG PRMT ISSUANCE FLOOR PLANS INEFFECT ��,�Outstandn'g
_... f ..T]
Floor plans shall be in substantial conformance with that shown on APPROVED
EXHIBIT C.
USE - ROOF ' '� r -
80.PLANNING 005 status Contlltlons:
PRIOR TO BLDG PRMT ISSUANCE EQUIPMENT INEFFECT 'OUtstandl,n9
SHIELDING
Roof mounted equipment shall be shielded from ground view. Screening material shall
be subject to Planning Department approval.
80.PLANNING 008 USE Status 'Congltlogs
PRIOR TO BLDG PRMT ISSUANCE LANDSCAPING INEFFECT rOutstlainding �. �' �,
SECURITIES p
Performance securities, in amounts to be determined by the Director of Building and
Safety to guarantee the installation of plantings, walls and/or fences, in accordance
with the approved plan, shall be filed with the Department of Building and Safety. The
performance security shall be released one year after structural final and the
inspection report provides the plantings have been adequately installed and
maintained. A cash security shall be required when the estimated cost is $2,500.00 or
less.
-------------------------
80.PLANNING 018 USE- SCHOOL Status: �Condltlons:, _
PRIOR TO BLDG PRMT ISSUANCE MITIGATION (1) INEFFECT ',Outstanding
Impacts to the Menifee Union School District shall be mitigated in accordance with
California State law.
USE -.
80 PLANNING 022 Status 16oritlrtl6na.
GPRKNG/LNDSCPNG
PRIOR TO BLDG ISSUANCE PLN INEFFECT ,00standing ip
Prior to issuance of building permits, three (3) copies of a Shading, Parking,
Landscaping, and Irrigation Plan shall be submitted to and approved by the Planning
Department. The location, number, genus, species, and container size of plants shall
be shown. Plans shall meet all requirements of Ordinance No. 348, Sections 18.12,
and 19.300 through 19.304 and as specified herein, as shown on APPROVED EXHIBIT
L. The irrigation plan shall include a rain shut-off device which is capable of shutting
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
down the entire system. In addition, the plan will incorporate the use of in-line check
valves, or sprinkler heads containing check valves to prohibit low head drainage.
1 rT i -e— �"T1 r 71
80.PLANNING 023 Status: Clon�Itions..,,
USE- FEE STATUS „ J
PRIOR TO BLDGPRMT ISSUANCE INEFFECT ,' OUtstanding
Prior to issuance of building permits for Conditional Use Permit No. 3460, the Planning
Department shall determine the status of the deposit based fees for project. If the
case fees are in a negative state, the permit holder shall pay the outstanding balance.
80.PLANNING 025 USE- SCHOOL Status Cond1t(ons
PRIOR TO BLDG PRMT ISSUANCE MITIGATION (2) INEFFECT .,OUtstan-iny
Impacts to the Perris Union High School District shall be mitigated in accordance with
California State Law.
80.PLANNING 027 USE- PERMIT. Status: Conditions
PRIOR TO BLDG PRMT ISSUANCE SIGNS INEFFECT Outstanding
No signs are approved pursuant to this project approval. Prior to the installation of
any on-site advertising or directional signs, a signing plan shall be submitted to and
approved by the Planning Department pursuant to the requirements of Section 18.30
(Planning Department review only) of Ordinance No, 348.
80.13LANNING 028 rt USE- LS PLANS Status ^Conditibne:.
PRIOR TO BLDG PRMT ISSUANCE APPROVED INEFFECT ;Qutstanding
Final landscaping construction drawings shall be APPROVED prior to issuance of the
first building permit as prescribed in the approved PRELIMINARY LANDSCAPING plans.
The approved plans shall include: 1. All right-of-way landscaping plan. 2. All publicly
maintained landscape areas including detention basins, common areas, parks, open
spaces, and all slopes. 3. Any landscaping to screen fences/walls. 4. A detailed cost
estimate and landscape square footage calculations notes shall be placed on the
working drawing plans. 5. A note shall be placed on the grading and final landscaping
plan indicating that the plans are consistent with each other. All landscape
construction drawings shall be approved by the Planning Department, the appropriate
maintenance authority, and shall be in conformance with the PRELIMINARY
LANDSCAPING plans
- ---,-, -, J
SO.TRANS 004 USE - R-O-W Status. Condltlons:f
PRIOR TO BLDG_PRMT ISSUANCE DEDICATION INEFFECT 'Otitstanding
Sufficient public street right-of-way along Scott Road shall be conveyed for public use
to provide for a 76 foot half width right-of-way.
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
80.TRANS 006 USE MAP.CORNER Status Conditions:
PRIQR TO BLDG PRMT ISSUANCE CUT-BACK INEFFECT 'Qutstandino
The project proponent shall apply corner cut-backs per Standard 803, Ordinance 461.
90.PLOODRI003
USE BMP - Status PRIOR TO
� C,�oinditions j
INSPECTION BLDG FINAL EDUCATION INEFFECT `Qutstaoiling '
The developer sh II distribute environmental awareness education materials on
general good housekeeping practices that contribute to protection of stormwater
quality to all initial users. The developer may obtain NPDES Public Educational
Program materials from the District's NPDES Section by either the District's website
www.flood control.Co.riverside.ca.us, e-mail fcnpdes@co.riverside.ca.us, or the toll free
number 1-800-506-2555. Please provide Project number, number of units and location
of development. Note that there is a five-day minimum processing period requested
for all orders. The developer must provide to the District's PLAN CHECK Department a
notarized affidavit stating that the distribution of educational materials to the tenants
is assured prior to the issuance of occupancy permits.
BO.PLANNING 003
USE-'PARKING Status: i.Gondiuona
'. PRIOR BLDG FINAL
INSPECTION PAVING MATERIAL INEFFECT Outstanding
TI
A minimum of 8 parking spaces shall be provided as shown on the APPROVED EXHIBIT
A, unless otherwise approved by the Planning Department. The parking area shall be
surfaced with concrete to current standards as approved by the Department of
Building and Safety.
90.PLANNING.004 USE- ACCESSIBLE Status:' ntlitions
PRIOR TO BLDG FINAL PARKING INEFFECT `i;butstantlny
INSPECTION
A minimum of 2 accessible parking spaces for persons with disabilities shall be
provided as shown on APPROVED EXHIBIT A. Each parking space reserved for persons
with disabilities shall be identified by a permanently affixed reflectorized sign
constructed of porcelain on steel, beaded text or equal, displaying the International
Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area
and shall be centered at the interior end of the parking space at a minimum height of
80 inches from the bottom of the sign to the parking space finished grade, or centered
at a minimum height of 36 inches from the parking space finished grade, ground, or
sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the
off-street parking facility, not less than 17 inches by 22 inches, clearly and
conspicuously stating the following: In addition to the above requirements, the surface
of each parking space shall have a surface identification sign duplicating the symbol of
accessibility in blue paint of at least 3 square feet in size.
90.PLANNING 008 USE - ROOF Status 'Conditions
PRIOR TO BLDG FINAL EQUIPMENT INEFFECT ;Outstanding
_ a . .
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3450"Menifee Market"
INSPECTION SHIELDING
Roof-mounted equipment shall be shielded from ground view. Screening material shall
be subject to Planning Department approval.
90.PLANNING 011 '
USE - UTILITIES Status Condttlons:;
PRIOR TO BLDG FINAL , -
INSPECTION UNDERGROUND INEFFECT ,Outstantling
All utilities, except electrical lines rated 33 kV or greater, shall be installed
underground. If the permittee provides to the Department of Building and Safety and
the Planning Department a definitive statement from the utility provider refusing to
allow underground installation of the utilities they provide, this condition shall be null
and void with respect to that utility.
90.PLANNING 012 �--
USE -SPECIMEN Status: Con11 ditions:.,
PRIOR TO BLDG FINAL
INSPECTION TREES REQUIRED INEFFECT ',Outstandings
Landscaping plans shall incorporate the use of specimen (24" box or greater) canopy
trees along streets and within the parking areas. All trees and shrubs shall be drawn
to reflect the average specimen size at 15 years of age. All trees shall be double-
staked and secured with non-wire ties, as shown on APPROVED EXHIBIT L.
j
90..PLANNING 013 USE -`CURBS Status. Conditions:
PRIOR TO BLDG FINAL
INSPECTION ALONG PLANTERS INEFFECT Outstanding,
A six inch high curb with a twelve (12) inch wide walkway shall be constructed along
planters on end stalls adjacent to automobile parking areas. Public parking areas shall
be designed with permanent curb, bumper, or wheel stop or similar device so that a
parked vehicle does not overhang required sidewalks, planters, or landscaped areas.
90.PLANNING 016
PRIOR TO BLDG FINAL USE- TRASH Status: ;conditions-
INSPECTION ENCLOSURES INEFFECT I!Outstan�d}hg
Illi . . . .. . . .
A minimum of 1 trash enclosure shall be located as shown on the APPROVED EXHIBIT
A, and shall be constructed prior to the issuance of occupancy permits. The
enclosure(s) shall be a minimum of six (6) feet in height and shall be made with
masonry block and a solid gate which screens the bins from external view. Additional
enclosed area for collection of recyclable materials shall be located within, near or
adjacent to each trash and rubbish disposal area. The recycling collection area shall be
a minimum of fifty percent (50%) of the area provided for the trash/rubbish
enclosure(s) or as approved by the Riverside County Waste Management Department.
All recycling bins shall be labeled with the universal recycling symbol and with signage
indicating to the users the type of material to be deposited in each bin.
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
90.PLANNING 017
PRIOR TO BLDG FINAL
USE - EXISTING Status. ° Condi ions
STRUCTURES INEFFECT �zl:Outstanding ' I,
INSPECTION
All existing buildings, structures and uses on the entire property shall conform to all
the applicable requirements of Ordinance No. 348 and Ordinance No. 457, and the
conditions of this permit.
- --- n — -
90.PLANNING 018 USE - COMPLY W/ Status: , Gondit�orfr� +, .
INSPECTIONRIOR TO DGFINAL LANDSCAPE PLAN INEFFECT OutstaDding '
All required landscape planting and irrigation shall have been installed in accordance
with approved Landscaping, Irrigation, and Shading Plans and be in a condition
acceptable to The and Management Agency - Land Use Division. The plants shall be
healthy and free of weeds, disease or pests. The irrigation system shall be properly
constructed and determined to be in good working order.
90.PLANNING019 USE —CERTIFY Status
PRIOR.TO BLDG FINAL LANDSCAPE
INEFFECT ',QUtstah�llMg', �'�
INSPECTION COMPLY
The permit holder's landscape architect or other state licensed party responsible for
preparing landscaping and irrigation plans shall provide a Compliance Letter to the
Planning Department and the Department of Building and Safety stating that the
landscape and irrigation system has been installed in compliance with the approved
landscaping and irrigation plans. The Compliance letter shall be submitted at least
thirty (30) working days prior to final inspection of the structure or issuance of
occupancy permit, whichever occurs first.
90.PLANNING'021 USE - REMOVE Status + Condit�ons:P,
PRIORTO BLDG FINAL OUTDOOR
INSPECTION INEFFECT ',Outstanding
ADVERTISE
i.
All existing outdoor advertising displays, signs or billboards shall be removed.
90.PLANNING027USE -.CONDITION Status
PRIOR TO BLDG FINAL
COMPLIANCE INEFFECT LI<� }itstand�h9
.INSPECTION
i
The Department of Building and Safety shall verify that the Development Standards of
this approval and all other preceding conditions have been complied with prior to any
use allowed by this permit.
28 NNING
90.PLA0.PLA0 — — A— '
PBLDG FIN0 USE - ORD NO.659 Status: Conditions:•.
INSPECTION (DIF) INEFFECT "'Outstanding',
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market'
Prior to the issuance of either a certificate of occupancy or prior to building permit
final inspection, the applicant shall comply with the provisions of Riverside County
Ordinance No. 659, which requires the payment of the appropriate fee set forth in the
Ordinance. Riverside County Ordinance No. 659 has been established to set forth
policies, regulations and fees related to the funding and installation of facilities and
the acquisition of open space and habitat necessary to address the direct and
cumulative environmental effects generated by new development project described
and defined in this Ordinance, and it establishes the authorized uses of the fees
collected. The amount of the fee for commercial or industrial development shall be
calculated on the basis of the "Project Area," as defined in the Ordinance, which shall
mean the net area, measured in acres, from the adjacent road right-of-way to the
limits of the project development. The Project Area for Conditional Use Permit
No.03460 has been calculated to be 1.92 net acres. In the event Riverside County
Ordinance No. 659 is rescinded, this condition will no longer be applicable. However,
should Riverside County Ordinance No. 659 be rescinded and superseded by a
subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that
ordinance shall be required.
90.13LANNING 029 USE-ORD 810 O S Status lCohditions . —
PRIOR TO BLDG FINAL I
INSPECTION FEE INEFFECT 'butstandibg ,.
Prior to the issuance of a certificate of occupancy, or upon building permit final
inspection rior to use or occupancy for cases without final inspection or certificate of
occupancy (such as an SMP)], whichever comes first, the applicant shall comply with
the provisions of Riverside County Ordinance No. 810, which requires the payment of
the appropriate fee set forth in the Ordinance. The amount of the fee will be based on
the "Project Area" as defined in the Ordinance and the aforementioned Condition of
Approval. The Project Area for Conditional Use Permit No.03460 is calculated to be
1.92 net acres. In the event Riverside County Ordinance No. 810 is rescinded, this
condition will no longer be applicable. However, should Riverside County Ordinance
No. 810 be rescinded and superseded by a subsequent mitigation fee ordinance,
payment of the appropriate fee set forth in that ordinance shall be required.
-- — -- — -.-. - ,i
90.PLANNING030 USE-.LS Conditions:
PRIOR TO BLDG FINAL CERTIFICATE OF Status:INEFFECT Outstanding Conditio
INSPECTION COMPL. ,i
Prior to issuance of a certificate of occupancy or final inspection for a project subject
to Ordinance No. 859, a Certificate of Completion shall be issued by the Planning
Director certifying that the landscaping has been completed in accordance with the
approved Planting and Irrigation Plans and in full compliance with Ordinance No. 859.
Effective: 3/05/2010 10:31
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
10
Conditions of App�ovai for CUP03460SI
USE lr �
10.`EVERY 001 Status: ConditionsGill
CT
GENERAL CONDITIONS PROJECT -INEFFE + Ir,tormat1 nal
DESCRIPTION
The use hereby permitted is for Conditional Use Permit No. 3460 Substantial
Conformance No. 1. The project is a proposal for the modification of the building
elevation, which shall include an architecturally projected entrance and veneer
columns on each end. The project is also a proposal to replace the existing chain link
fence along the perimeter of the site with wrought iron fencing, the relocation of
parking spaces, and for the modification of the existing landscaping along the front
portion of the project site.
10. EVERY 002 USE - HOLD Status: oc6rditi6nsii;'
GENERAL CONDITIONS HARMLESS INEFFECT I56'rffiatt6nal. 1J
The applicant/permittee or any successor-in-interest shall defend, indemnify, and hold
harmless the County of Riverside (COUNTY) its agents, officers, or employees from
any claim, action, or proceeding against the COUNTY, its agents, officers, or
employees to attack, set aside, void, or annul an approval of the COUNTY, its advisory
agencies, appeal boards, or legislative body concerning CUP03460S1. The COUNTY will
promptly notify the applicant/permittee of any such claim, action, or proceeding
against the COUNTY and will cooperate fully in the defense. If the COUNTY fails to
promptly notify the applicant/permittee of any such claim, action, or proceeding or
fails to cooperate fully in the defense, the applicant/permittee shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the COUNTY.
----�-�T--�----� Tom---"---•T-�-
10.EVERY 003 USE Status: , GonditlQns i,
GENERAL CONDITIONS DEFINITIONS 'INEFFECT i Informational`
The words identified in the followinglist that appear in all capitals in the attached
PP P
conditions of Conditional Use Permit No. 03460S1 shall be henceforth defined as
follows: APPROVED EXHIBIT A = Conditional Use Permit No. 03460S1 Exhibit A, dated
4/22/08. APPROVED EXHIBIT B = Conditional Use Permit No. 0346051, Exhibit B,
dated 4/22/08. APPROVED EXHIBIT C = Conditional Use Permit No. 0346051, Exhibit
C, dated 4/22/08. APPROVED EXHIBIT L = Conditional Use Permit No. 0346051,
Exhibit L, dated 4/22/08.
10.PLANNING001— USE- SUB 4
CONF W1 Status: I
Conditions I�
GENERAL CONDITIONS INEFFECT hformational'.'
ORIGINAL it ,� �n t'
The Planning Department has determined this application to be substantially in
Conditions of Approval
Extension of Time 2009-157 for
Conditional Use Permit No.3460"Menifee Market"
conformance with the approved CUP03460. All conditions approved with CUP03460
shall be considered to be valid and in effect, unless superseded by these conditions of
approval.
-- -7
10.PLANNING.002 USE'-SC SITE Status: 4,C66ditionik..
GENERAL CONDITIONS CHANGES INEFFECT Informational
it *'A ;I
Pursuant to approval of the SUBSTANTIAL CONFORMANCE, the following changes are
being made to the
APPROVED EXHIBIT A of CUP03460: The project shall now consist of:
1) A six foot wrought iron fence in lieu of a chain-link fence along the perimeter of the
site.
2) The extension of wrought iron fencing on the east side of the project site; fence
now extends to the corner edge of the building.
3)The relocation of four (4) parking spaces, which shall now be placed easterly of the
project site and adjacent to the entrance to the feed barn.
Elevations of all buildings shall now conform to APPROVED EXHIBIT B. The project
shall now consist of:
1) An architecturally projected entrance way with veneer columns on each end along
with 4-inch bases.
2) A horizontal band across the structure.
3) Two (2) windows on the right and left side of the facade.
4) Clay-like shingles for the roofing of the entry way of the facility.
I.
Floor Plans of all buildings shall now conform to APPROVED EXHIBIT C.
Landscaping shall now conform to APPROVED EXHIBIT L. The project shall now consist
of:
1) Accent Plants - Turf Hydroseed, Day Lilly (1 gal), and Raphiolepus (5 gal), which
extends along the entire western portion of the site.
2) Ligustrum Texanum (5 gal; 3 to 4 ft on center) on the easterly side of the project
site.
3) The installation of drip irrigation: one (1) emitter for the Ligustrum Texanum and
two (2) emitters for existing trees.
4) 3 inch mulch for all landscaped areas.
5) The installation of Myoporum from flats 18 inch on center for ground covering. No
other changes to the original approval other than those described herein are allowed
unless a subsequent substantial conformance application is submitted to the Planning
Department for review.