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PC11-071Nallace W. Edgerton Mayor Fred Twyman Vice Mayor John V. Denver Councilmember Darcy Kuenzi Councilmember Thomas Fuhrman Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 ww.cityofinenifee.us March 28, 2011 Gail Burleson 29373 Sparkling Drive Menifee, CA 92584 RE: 2010-192, Burleson Strawberry Stand Dear Mrs. Burleson, DESCRIPTION OF PROPOSAL: The use hereby permitted is Planning Department approval for a temporary use of a vacant dirt pad at the southwest corner of Menifee Road and Newport Road for a seasonal strawberry stand. EXISTING ZONING and GENERAL PLAN LAND USE: Zoning: Countryside Specific Plan No. 158 General Plan Land Use: Commercial Retail APPLICATION SUMMARY: Date of Submittal: December 16, 2010 Date of Approval: March 22, 2010 APPROVAL: On March 22, 2011, the City of Menifee Planning Commission approved the above referenced case over the recommendations of the County Sherri3-f, the School District, and the City Engineer as follows: 1) The driveway on Newport Road will remain as is, without any further improvements or widening. 2) Exhibit "1" as provided to the applicant was modified to close the driveway on Menifee Road, and was re -designated "PC-1 ". 3) Any directional or safety signs shall be installed per the concurrence of the Engineering Department. 4) The applicant shall indemnify the City, and list the City as "Additionally Insured" in the amount specified in the conditions of approval. 5) The applicant agreed to work with the City to explore improvements to the driveway on Newport, but the project may Planning Approval Letter for Application 2010-192, Burleson Strawberry Stand March 28, 2011 open and operate prior to consultation or implementation of any changes or improvements. Action taken on the above referenced case is considered final. CONDITIONS OF APPROVAL: The conditions of approval have been attached for your files. The enclosed conditions of approval should be included with any other Building Divisiorn plan check submittals. Please contact the Planning Department at 951-672-6777, if you have questions or need additional information. Sincerely, City of Menifee Planning Department Keith Gardner Contract Planner CD T .-a W :3 V W CO O O N O � °.C��� CD r ^� rn CD Cl), � N c rn W p CD � o �)� Vp ps 7 Resolution PC 11-71 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING TEMPORARY USE PERMIT NO. 2010-192 FOR THE OPERATION of A TEMPORARY STRAWBERRY STAND AT THE SOUTHWEST CORNER OF MENIFEE ROAD AND NEWPORT ROAD Whereas, in December of 2010, the applicant, Gail Burleson, filed a formal application with the City of Menifee for Temporary Use Permit No. 2010-192 (the "Project") to operate a temporary strawberry stand.. This will occur on Assessor's Parcel Number (APN 4) 360-690-024, which is t10.57 gross acres in size; and Whereas, between February 25, 2011 and March 8, 2011, the notice of public hearing was posted at the Riverside County Clerk's Office; and, Whereas, on March 8, 2011 the Planning Commission held a duly noticed public hearing on the Project, 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, notice to property owners within 1,000 feet of the Project boundaries, and then continued the project until the March 22, 2011 Planning Commission; and Whereas, on March 22, 2011 the Planning Commission held a public hearing on the Project, considered public testimony and materials in the staff report and accompanying documents; and, Whereas, the siting and structures conform to all requirements of the Menifee General Plan (the Riverside County General Plan, as adopted by the Menifee Planning Commission) and to all applicable requirements of state law and the ordinances of Menifee (the Riverside County ordinances, as adopted by the Menifee Planning Commission), in that the siting and structures are allowed in the General Plan Land Use category of Community Development — Commercial Retail (CD-CR), as well as being allowed in the Specific Plan (SP) Zone; and Whereas, the siting and structures are within the allowed setbacks, floor area, and height limits; and Whereas, the siting and structures are designed for the protection of the public health, safety and general welfare and conform to the logical development of the land and to be compatible with the present and future logical development of the surrounding property, in that the structures conform to the zoning standards for the area and for the type of structures; and Whereas, the allowance of the strawberry stand does not require the location and need for dedication and improvement of necessary sidewalks, in that the project has been conditioned to provide as such; and 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. Resolution No. PC11-71 Temporary Use Permit No. 2010-192 2. City of Menifee Case Temporary Use Permit Number 2010-192 is approved, subject to the Conditions of Approval as approved by the Planning Commission on March 22, 2011 PASSED, APPROVED AND ADOPTED this 22nd day of March, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chris Thomas, Chariman Attest: Jennifer Allen, Planning Commission Secretary City of Menifee 29714 Haun Road Menifee, CA 92586 Date: March 22, 2011 Conditions of Approval for Temporary Outdoor Event 2010-192 Project Description The use hereby permitted is Planning Department approval for a seasonal strawberry stand located on Assessor's Parcel Number 364-030-004. The hours of operation are from 8:30 to dusk, seven days per week. The strawberry stand will be in operation from ""^�; 20111 March 25, 2011 to July 31, 2011. (Modified per Planning Commission approval of the project 3122111) 2. 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 C:itY, concerning Temporary Outdoor Event No. 2010-192. 3. Definitions The words identified in the following list that appear in all capitals in the attached conditions of TOE 2010-192 shall be henceforth defined as follows: APPROVED EXHIBIT "A" PC-1 = Site Plan for TOE 2010-192, dated March 22, 2011. DeGernbeF'6,201^. (Modified at the Planning Commission 3122111) 4. Conform to Exhibit The development of the premises shall conform substantially with that as shown on the plot plan marked Exhibit "A= PC-1, dated 12116/10 3/22111, on file with TOE 2010-192. (Modified at the Planning Commission 3122111) 5. Parking A minimum of ten (10) parking spaces, as shown on approved Exhibit A, shall be provided during the operation of the strawberry stand. 6. Restroom Facility The temporary restroom within the site shall conform to all Environmental Health requirements and all sewage from the temporary restroom shall be handled in compliance with all applicable County, State and Federal guidelines. 7. Permits for Electrical/Mechanical/Plumbing Building permits will be required for any electrical, plumbing, mechanical or structural additions that might be added. If any electrical generators are used, they will also require permits. 8. Building Department Applicant shall obtain building permits for all structures, and any electrical, plumbing, and mechanical equipment, including generators, and comply with all requirements of the Building and Safety Division. 9. Hood/Direct Lighting Any outside lighting shall be hooded and directed so as not to shine directly on adjoining property or public right-of-way. 10. Hours of Operation The hours of operation of the use permitted by this approval shall be from 8.30 am to dusk, seven days per week. 11. Comply with Ordinances/Codes 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, dated 12/16/'10, unless otherwise amended by these conditions of approval. 12. Comply with Ordinance 2009-024 All lighting shall comply with any applicable provisions of Menifee City Ordinance 2009-024. Any outside lighting shall be hooded and directed so as not to shine directly on adjoining property or public right-of-way. 13. Compliance with Other Agency Comments The site shall be in compliance with attached comments from the following agencies: Riverside County Fire Department 14. Event Expiration Date This approval for a temporary strawberry stand shall be valid for the date(s) of r=e"r ^�14,'^;T, March 25,2011 through July 31, 2011, only; otherwise it shall be null and void and of no effect whatsoever. (Modified per the Planning Commission Approval 3122111). 15. Clean Site When Done The site shall be cleared of all garbage, debris, and litter no later than the termination date of this approval as specified in the Planning Departrnent condition labeled "EVENT EXPIRATION DATE". 16. Remove Event Temporary Structures Any temporary structures placed on the property for this use shall be remoVOd upon the completion of this event as specified in the Planning Departrnont Condition labeled "EVENT EXPIRATION DATE ". 17. Refuse All refuse generated at the premises shall at all times be stored in approved containers and shall be placed in a manner so that visual and environmental puf7lic health nuisances are minimized. 18. City Property If City property is damaged or destroyed as a result of the use, the permittee Will reimburse the City for the actual cost of repair or replacement (including lapor and overhead). 19. Post Permit The temporary outdoor event approval letter (along with any other regMire permits) shall be posted on the premises where the event is conducted and/vf a copy of the permit must be in the possession of the person responsible for the event at all times while it is occurring. 20. Advertising Signs Only one banner sign shall be allowed, not to exceed 60 sq. ft. in size, mounte-d on a frame of an attractive permanent material, dealing only the advertisement of the event itself. One sign to indicate when the stand is open and closed sl'all also be allowed. 21. Directional Signage Traffic and Directional Signage are to be installed in menordanne with !` ! per the direction of the City Engineer. (modified at Planning Commission 3122111) 22. Fire Department The applicant shall comply with the letter from the Fire Department dated December 27, 2010. 23. Liability Insurance The applicant shall provide proof to the City of Menifee that the City is listed as "Additionally Insured" on the Applicant's liability insurance. The Policy is to be Po less than three million dollars ($3 million). Proof of such insurance shall be provided to the City of Menifee no later than 5:00 p.m. on March 25, 20% 1 (modified at the Planning Commission 3122111). 24.-Engineering Clearance th;;t letter have been met. The existing driveway to the property from Menifee Road shall be closed to the satisfaction of the Engineering Department. (Modified at the Planning Commission 3122111) 25. Car Count The applicant shall keep track of the number of cars that visit this facility. This information will be used to determine the viability of any future Temporary Outdoor Events at this location.