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
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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.