10-143 Resolution No. 10-143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE
APPROVING CONDITIONAL USE PERMIT#2009-103 FOR THE HERITAGE
SQUARE SHOPPING CENTER TO ALLOW THE SEASONAL SALES AREA AND
RECYCLABLE AREAS ASSOCIATED WITH THE GROCERY STORE.
Whereas, in March 28, 2007, the applicant, Heritage Square, filed a formal
application with the County of Riverside for Conditional Use Permit #3549 to allow the
use of the car wash, gasoline service station, with con current sale of beer and wine for
off-premises consumption, and convenience store; and,
Whereas, on July 22, 2009, upon transfer of the project to the City of Menifee for
processing and the request was assigned a new case number: Conditional Use Permit
#2009-103; and,
Whereas, on January 12, 2010, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit #2009-103, considered public testimony and
materials in the staff report and accompanying documents, which hearing was publicly
noticed by a publication in the newspaper of general circulation, an agenda posting, and
notice to property owners within 1,000 feet of the project site boundaries.
Whereas, at the January 12, 2010 Planning Commission public hearing, the
project was continued without discussion in order to allow staff to address comments
received from the South Coast Air Quality Management District; and,
Whereas, on March 23, 2010, the Planning Commission held a subsequent
public hearing on Conditional Use Permit No. 2009-103, considered public testimony
and materials in the staff report and accompanying documents, which hearing was
publicly noticed by a publication in the newspaper of general circulation, an agenda
posting, and notice to property owners within 600 feet of the project site boundaries;
and,
Whereas, at the March 23, 2010 Planning Commission public hearing, the
project was continued with discussion; and,
Whereas, on April 27, 2010, the Planning Commission held a subsequent public
hearing on Conditional Use Permit No. 2009-103, considered public testimony and
materials in the staff report and accompanying documents, which hearing did not require
an additional public notice pursuant to Ordinance 348, Section 1.11; and,
Whereas, on April 27, 2010, based upon the materials at the public hearing the
City of Menifee Planning Commission recommended approval to the City Council for
Conditional Use Permit No. 2009-103; and,
Whereas, on June 1, 2010, the City of Menifee City Council considered public
testimony and materials in the staff report and accompanying documents, which hearing
was publicly noticed by a publication in the newspaper of general circulation, an agenda
posting, and notice to property owners within 1,000 feet of the project site boundaries;
and,
Whereas, on June 1, 2010, based upon the materials at the public hearing the
City of Menifee City Council made the following findings for Conditional Use Permit No.
2009-103;
Resolution No. 10-143
Conditional Use Permit#3549 for the Heritage Square Shopping Center to Allow the Gas
Station with the Concurrent Sale of Beer and Wine for Off-Premises Consumption
1. The conditional use permit is consistent with the General Plan Land Use Map
and applicable General Plan objectives, policies, and programs;
2. The project site is designated Community Development: Commercial Retail
(CD:CR) (0.20-0.35 floor area ratio) on the Sun City/Menifee Valley Area Plan.
3. The proposed use, seasonal sales area and recyclable area in conjunction with
the shopping center, is a permitted use in the Community Development:
Commercial Retail (CD: CR) (0.20-0.35 floor area ratio) designation.
4. 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;
5. The conditional use permit is compatible with or provides adequate buffering of
adjoining uses in that the properties to the south are zoned for commercial uses
and the areas to the north and east are existing and proposed residential uses
that could use a convenience store;
6. 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;
7. 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;
8. 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;
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. Conditional Use Permit #2009-103 for the seasonal sales area and recyclable
areas associated with the grocery store at the Heritage Square shopping center
is approved by the City Council, subject to the Conditions of Approval as set forth
in Exhibit "1" to this Resolution and as approved by the City Council on June 1,
2010.
Resolution No. 10-143
Conditional Use Permit#3549 for the Heritage Square Shopping Center to Allow the Gas
Station with the Concurrent Sale of Beer and Wine for Off-Premises Consumption
PASSED, APPROVED AND ADOPTED this 1St DAY OF JUNE, 2010
Jim 2
Mayor Wallace Edgerton 0
Attest:
Kathy Bennett, City Clerk
GTY q�
MENIFEE
Wallace W.Edgerton
Mayor
Fred Twyman
Mayor Pro Tem
STATE OF CALIFORNIA
Council )
John t member Denver COUNTY OF RIVERSIDE 1. ss-
CITY OF MENIFEE )
Darcy Kuenzi
Councilmember
Scott A.Mann #
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember foregoing Resolution No. 10-143 was duly adopted by the City Council of the
t City of Menifee at a meeting thereof held on the 1s'day of June, 2010 by the
following vote:
Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman
Noes:
Absent:
Abstain:
a
16fi�
athy Bennett, City Clerk
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29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.us
EXHIBIT "1"
Conditions of Approval for CUP 2009-103
Section I: Conditions applicable to All Departments
Section ll: Planning Conditions of Approval
Conditions of Approval CUP No. 2009-103 1 of 7
Section I :
Conditions Applicable to all
Departments
Conditions of Approval CUP No. 2009-103 2 of 7
General Conditions
1. Definitions. The words identified in the following list that appear in all
capitals in the attached conditions of Conditional Use Permit No. 2009-103
shall be henceforth defined as follows:
APPROVED EXHIBIT R = Site Plan for Conditional Use Permit No. 2009-
103, Amended No. 2, dated October 15, 2008.
2. Description. The use hereby permitted is to allow for the seasonal sales
area and recyclable areas associated with the grocery store.
3. 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
Environmental Assessment No. 41320, Change of Zone No. 7501,
Tentative Parcel Map No. 34998, Plot Plan No. 2009-051, Conditional Use
Permit No. 3549, Conditional Use Permit No. 2009-102, and Conditional
Use Permit No. 2009-103.
4. 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.
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.
Conditions of Approval CUP No. 2009-103 3 of 7
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.
(applicant initials)
6. City of Menifee. On October 1St, 2008 the City of Menifee incorporated. At
the time the City incorporated it was required to accept all the laws and
ordinances of the County of Riverside. Over time the City will change these
ordinances either by name or content. The applicant or successor in
interest of this project will be subject to ordinances of the City of Menifee
and not those of the County of Riverside that the City has jurisdiction over.
Therefore, any condition of approval listed in this project that references a
County of Riverside Ordinance, will in fact be subject to the equivalent City
ordinance or subsequent ordinance introduced by the City. The applicant
or their successor in interest by accepting these conditions also agrees to
accept the equivalent City ordinance or subsequent ordinance introduced
by the City.
7. Comply with All Conditions. The applicant/developer shall comply with all
terms and conditions of Plot Plan No. 2009-051.
8. Expiration. 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.
Conditions of Approval CUP No. 2009-103 4 of 7
Section II :
Planning Conditions of Approval
Conditions of Approval CUP No. 2009-103 5 of 7
General Conditions
9. Comply with Ordinance. The development of these premises shall comply
with the standards of Ordinance No. 348 and all other applicable
ordinances and State and Federal codes.
The development of the premises shall conform substantially with that as
shown on APPROVED EXHIBIT A, unless otherwise amended by these
conditions of approval.
10. Conditional Use Permit. 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. As such, the City reserves the right to revisit the CUP in one
year to verify condition and plan compliance, which may or may not result in
additional conditions, modified conditions, or repeal of the CUP.
11. Approved Plans. The project shall be developed in substantial conformance
with the approved plans.
12. Causes for Revocation. In the event the use hereby permitted under this
permit, a) is found to be in violation of the terms and conditions of this
permit, b) is found to have been obtained by fraud or perjured testimony, or
c) is found to be detrimental to the public health, safety or general welfare,
or is a public nuisance, this permit shall be subject to the revocation
procedures.
13. Ceased Operations. 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.
14. Business Licensing. Every person conducting a business within the City
of Menifee shall obtain a business license. For more information regarding
business registration, contact the City of Menifee.
15. Seasonal Sales and Recycling Area Location. The recycling area and
seasonal sales area shall be located within the site as shown on EXHIBIT
R.
16. Plot Plan Required. The applicant shall submit a Plot Plan application for
Planning Director approval showing the elevation and materials for the
parking lot enclosure of the seasonal sales area.
17. No Chain Link. No Chainlink fencing shall be allowed for either the
seasonal sales area or recycling area.
18. Sales Times. The sales times for the outdoor areas shall coincide with the
store hours of operation.
Conditions of Approval CUP No. 2009-103 6 of 7
19. Four Outdoor Seasonal Sales Per Year. The applicant is only allowed
the use of the outdoor sales area four times per year, not to exceed 30
days during each use.
20. Recycling Area. The recycling area shall be kept clean at all times and
shall be manned during operating hours.
21. Seasonal Sales. The seasonal sales area shall be kept clean at all times
during use.
22. Other Restrictions. The CUP approval is not for live entertainment, music
or dancing.
FEES
23. Subsequent Submittals and Fees. Any subsequent submittals required by
these conditions of approval, including but not limited to grading plan,
building plan or mitigation monitoring review, shall be reviewed on an hourly
basis (research fee), or other such review fee as may be in effect at the
time of submittal, as required by Ordinance No. 671. Each submittal shall
be accompanied with a letter clearly indicating which condition or conditions
the submittal is intended to comply with.
The undersigned warrants that he/she is an authorized representative of the
project referenced above, that I am specifically authorized to consent to all of the
foregoing conditions, and that I so consent as of the date set out below.
Signed Date
Name (please print) Title (please print)
Conditions of Approval CUP No. 2009-103 7 of 7