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CP10-049Resolution 10-049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING CONDITIONAL USE PERMIT NO.2009-142 (COUNTY CASE CUP 3596) Whereas, in June 2008 the applicant, Fred Grimes, filed formal applications with the County of Riverside (the local government authority for the project area at that time) for Conditional Use Permit No. 3596 (City Case #2009-142) (the "Project") to allow for automotive repair and tire sales within Parcel 7 of Tentative Parcel Map No. 35261; and Whereas, on March 10, 2008, the County of Riverside publicly noticed its decision to prepare an environmental impact report (EIR) for the Project by noticing the State Clearinghouse, related agencies, and other government agencies; and Whereas, on April 21, 2008, the County of Riverside Planning Director held a duly noticed public scoping meeting regarding the preparation of the EIR to discuss and hear from the public on the potential environmental impacts, which meeting was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, notice to property owners within a 600-foot radius from the Project site boundaries, at least 10 days prior to the public meeting; and Whereas, on October 1, 2008, the City of Menifee incorporated and then became the local government authority for the project area; and Whereas, between December 14, 2009 and February 1, 2010, the State - mandated 45-day public review period for the Draft EIR took effect, which was publicly noticed by a publication in the newspaper of general circulation, notice to owners within 600 feet of the Project site boundaries, related agencies and government agencies, copies of the Draft EIR sent to the State Clearinghouse, a copy placed at the City Hall public counter and a copy placed at the Paloma Valley library; and Whereas, on December 14, 2009, the Draft EIR was distributed to the Planning Commission for review; and Whereas, eleven comments were received during the public review period; and Whereas, on March 9, 2010, the Planning Commission of the City of Menifee held a duly noticed public workshop regarding the proposed project, which was publicly noticed with an agenda posting; and Whereas, on July 29, 2010, the Final EIR was completed and distributed to the Planning Commission for review and distributed to those agencies and persons that submitted written comments on the Draft EIR, and copies of the Final EIR were placed at the City Hall public counter and at the Paloma Valley library; and Whereas, on August 10, 2010, the Planning Commission held a duly noticed public hearing on the EIR and the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Statement of Overriding Consideration of Environmental Impact and the Environmental Impact Report (EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan #2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No. 2009-143, 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 boundaries, and to persons requesting public notice; and Resolution No. 10-049 CUP 2009-142 for Menifee Shopping Center October 12, 2010 Whereas, at the August 10, 2010 Planning Commission public hearing, the Commission continued the project in order for the applicant and staff to address comment letters that were received; and, Whereas, on August 24, 2010, the Planning Commission held a subsequent public hearing on the EIR and the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Statement of Overriding Consideration of Environmental Impact and the Environmental Impact Report (EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan #2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No. 2009-143, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11; and, Whereas, at the August 24, 2010 Planning Commission public hearing, the Commission continued the project in order for the applicant and staff to finalize the traffic conditions of approval; and, Whereas, on September 14, 2010, the Planning Commission held a subsequent public hearing on the EIR and the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Statement of Overriding Consideration of Environmental Impact and the Environmental Impact Report (EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan #2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No. 2009-143, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11; and, Whereas, at the September 14, 2010 Planning Commission public hearing, the Commission continued the project in order for the applicant and staff to bring back additional information on traffic impacts; and, Whereas, on October 12, 2010, the Planning Commission held a subsequent public hearing on the EIR and the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Statement of Overriding Consideration of Environmental Impact and the Environmental Impact Report (EIR) (State Clearinghouse #2008031068), Tentative Parcel Map No. 35621, Plot Plan #2009-121, Conditional Use Permit No. 2009-142, and Conditional Use Permit No. 2009-143, which hearing did not require an additional public notice pursuant to Ordinance 348, Section 1.11; and, Whereas, at the October 12, 2010 Planning Commission public hearing, the Commission found that: 1. 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 18.28, which provides for conditional use procedures, enforcement, and revocations; 3. The use allowed by this conditional use permit is compatible with or provides adequate buffering of adjoining uses in that the properties to the south, east and Resolution No. 10-049 CUP 2009-142 for Menifee Shopping Center October 12, 2010 west are zoned for similar uses and properties to the north are planned for residential uses that could use a convenience store; 4. The establishment, maintenance or conducting of the use for which the conditional use permit is sought will not, under the particular case when consistent with the conditions of approval, be detrimental to the public welfare or injurious to property or improvements in the neighborhood; 5. The establishment, maintenance or conducting of the use for which the conditional use permit is sought will not, under the particular case when consistent with the conditions of approval, 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; 6. 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 Planning Commission of the City of Menifee resolves and orders as follows: The Findings set out above are true and correct. 2. Conditional Use Permit No. 2009-142 to allow for automotive repair and tire sales within Parcel 7 of Tentative Parcel Map No. 35261, is approved subject to the Conditions of Approval as set forth in Exhibit "1" to this Resolution and as approved by the Planning Commission on October 12, 2010. PASSED, APPROVED AND ADOPTED THIS 12TH DAY OF OCTOBER, 2010, BY THE FOLLOWING VOTE: , Chair ATTEST: Kathy Bennett, City Clerk Approved as to form: Karen Feld, City Attorney Wallace W. Edgerton Mayor Fred Twyman Mayor Pro Tern John V. Denver Councilmember Darcy Kuenzi Councilmember Scott A. Mann Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofrnenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolution No. 10-049 was duly adopted by the Planning Commission of the City of Menifee at a meeting there of held on the 12th day of October, 2010 by the following vote: Ayes: Vesey, Zimmerman, Thomas, Liesemeyer Noes: Miller Absent: None Abstain: None Kathy Bennett, City Clerk EXHIBIT "1" Conditions of Approval for CUP02009-142 For Automotive Repair and Tire Sales within Parcel 7 of Tentative Parcel Map No. 35621 Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Conditions of Approval CUP No. 2009-142 1 of 7 Section Conditions Applicable to all Departments Conditions of Approval CUP No. 2009-142 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. 2009-142 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2009- 142, Amended No. 2, dated May 1, 2009. APPROVED EXHIBIT B = Elevations for Conditional Use Permit No. 2009- 142, Amended No. 2, dated May 1, 2009. 2. Description. The use hereby permitted is to allow the use for the automotive repair and tire sales within Parcel 7 of Tentative Parcel Map No. 35261 filed in conjunction with Plot Plan No. 2009-121. 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 conditional use permit 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 Impact Report No. 508, Tentative Parcel Map No. 35261, Plot Plan No. 2009-121 (County Case No. 22674), Conditional Use Permit No. 2009-142 (County Case No. CUP03596), and Conditional Use Permit No. 2009-143 (County Case No. CUP03597). 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 Conditions of Approval CUP No. 2009-142 3 of 7 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 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. 2009-121. 8. Expiration Date. This approval shall be used within three (3) 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 a three (3) 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. Should 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 compliance with all conditions of approval and mitigation measures of this permit and Environmental Impact Report No. 508. Conditions of Approval CUP No. 2009-142 4 of 7 Section II: Planning Conditions of Approval Conditions of Approval CUP No. 2009-142 5 of 7 General Conditions 10. Comply with Ordinances. 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. 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. 13. Business Licensing. Every person conducting a business within the City of Menifee shall obtain a business license as required by the Menifee Municipal Code. For more information regarding business registration, contact the City Clerk. 14. Noise Levels. Exterior noise levels produced by any use allowed under this permit, including, but not limited to, any outdoor public address system, shall not exceed 55 db(A), 10-minute LEQ, between the hours of 10:00 p.m. to 7:00 a.m., and 65 db(A), 10-minute LEQ, at all other times as measured at any residential, hospital, school, library, nursing home or other similar noise sensitive land use. In the event noise exceeds this standard, the permittee or the permittee's successor -in -interest shall take the necessary steps to remedy the situation, which may include discontinued operation of the facilities. 15. 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. 16. Attendant. The applicant shall provide regular monitoring of the facility by an attendant during business hours to control noise, litter and other nuisances. The facility shall be kept clear of debris at all times. 17.Outdoor Storage. No outdoor storage of tires or other automotive parts or equipment is allowed within the site. 18. Water Quality. The permit holder shall comply with all City, County, and State water quality requirements throughout the life of the conditional use Conditions of Approval CUP No. 2009-142 6 of 7 permit. If runoff from the site violates water quality requirements in regards to concentration of pollutants, the permit could be revoked. 19. Waste. All automotive waste, including, but not limited to, used tires, oil, transmission fluids, used parts, shall be disposed of in compliance with all applicable City, County, State and Federal requirements. FEES 20. 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. 2009-142 7 of 7