PC09-016Resolution No. PC09-016
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING CONDITIONAL USE PERMIT # 2009-085 FOR GREATER BUILDING
HEIGHTS WITHIN THE MENIFEE LAKES PLAZA SHOPPING CENTER FOR
MAJOR 1, MAJOR 2, MAJOR 3 AND THE HOTEL.
Whereas, in December 13, 2005, the applicant, Larry Markham, filed a formal
application with the County of Riverside for Conditional Use Permit #3487 to allow for
greater building heights for Major 1, Major 2, Major 3 and the hotel pursuant to Specific
Plan No. 158, Planning Area 1-1, o. (2), D. which requires that all buildings and
structures shall not exceed thirty-five feet (35') in height, unless height up to seventy-five
(75') feet is approved pursuant to Ordinance No. 348, Section 18.34; 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
#2009-085; and,
Whereas, on November 10, 2009, the Planning Commission held a duly noticed
public hearing on Conditional Use Permit #2009-085, 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 November 10, 2009 Planning Commission public hearing, the
Commission found that:
The conditional use permit is consistent with the General Plan Land Use Map
and applicable General Plan objectives, policies, and programs;
2. The conditional use permit is consistent with Ordinance No. 348, Section 18.34,
or such successor ordinance as may be adopted, which provides for procedures
for approval of greater heights for buildings and structures;
3. 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;
4. The conditional use permit is compatible with or provides adequate buffering of
adjoining uses in that the properties to the south and west are zoned for
commercial uses and the areas to the north and east are single-family homes;
5. 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;
6. 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;
Resolution No. PC09-016
Conditional Use Permit #2009-085 for Greater Height Limits for Major 1, Major 2,
Major 3 and the Hotel located within the Menifee Lakes Plaza.
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
and orders as follows:
1. The Findings set out above are true and correct.
2. Conditional Use Permit #2009-085 is hereby approved for greater building
heights, subject to the Conditions of Approval as set forth in Exhibit 1" to this
Resolution and as approved by the Planning Commission on November 10,
2009. Specifically, CUP #2009-085 is approved for the following:
(a) The roof above the entrance to Major 1 is allowed to be 45 feet and 5
inches in height;
(b) The roof above Major 2 is allowed to be 37 feet and 7 inches in height;
(c) The copula above Major 2 is allowed to be 48 feet in height;
(d) The roof above Major 3 is allowed to be 39 feet and 6 inches in height; and,
(e) The hotel is allowed to be 57 feet in height.
PASSED, APPROVED AND ADOPTED this 101h day of November, 2009, by the
following vote:
AYES: IffA-i
NOES: q01�
ABSENT:
ABSTAIN:
Attest:
Kathy Bennett, City Clerk &
Planning Commission Secretary
061
Matthew Lies
L`Ilul Lf1
eyer, Chair
EXHIBIT 99
1"
Conditions of Approval for CUP 2009-085
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Conditions of Approval CUP No. 2009-085 1 of 7
Section I:
Conditions Applicable to all
Departments
Conditions of Approval CUP No. 2009-085 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. 2009-085
shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2009-
084, Amended No. 1, dated March 4, 2009.
APPROVED EXHIBIT B = Elevations for Conditional Use Permit No.2009 —
085, Amended No. 1, dated March 4, 2009.
2. Description. The use hereby permitted is to allow for a greater building
height limit. The project proposes buildings which currently exceed the
allowed height under the Specific Plan Zoning Development Standards.
Specific Plan No. 158, Planning Area 1-1, o. (2), D. requires that all
buildings and structures shall not exceed thirty-five feet (35) in height,
unless height up to seventy-five (75') feet is approved pursuant to Section
18.34. Roofs above the entrances to Major 1, Major 2 and Major 3 and the
hotel exceed the required height. The heights of these roofs are as follows:
Major 1 — 45 feet, 5 inches; Major 2 — 37 feet, 7 inches; Major 2 Copula —
48 feet; Major 3 — 39 feet, 6 inches. In addition, the proposed hotel is 57
feet. Therefore, pursuant to Ordinance 348, Section 18.34, the conditional
use permit requests to allow for a height limit of 60 feet for these buildings.
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. 40567, Plot Plan No. 2009-052, Conditional
Use Permit No. 3487, Conditional Use Permit No. 2009-084, Conditional
Use Permit No. 2009-085, Tentative Parcel Map No. 34318 and Variance
No. 1782.
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.
Conditions of Approval CUP No. 2009-085 3 of 7
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.
(applicant initials)
6. City of Menifee. On October 1s', 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. 2009-052.
8. Expiration Date. 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.
9. Condition Compliance. WITHIN TWO (2) YEARS OF THE DATE OF
APPROVAL OF THIS PERMIT, the permittee shall prepare and submit a
written report to the Riverside County Planning Director demonstrating
Conditions of Approval CUP No. 2009-085 4 of 7
compliance with all conditions of approval and mitigation measures of this
permit and E.A. No. 40567.
Conditions of Approval CUP No. 2009-085 5 of 7
Section II:
Planning Conditions of Approval
Conditions of Approval CUP No. 2009-085 6 of 7
General Conditions
10. 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.
11. 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.
12. No Permanent Occupancy. No permanent occupancy shall be permitted
within the property approved under this conditional use permit as a principal
place of residence. No person 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.
FEES
13. 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
Name (please print)
Date
Title (please print)
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