Loading...
PC12-106Resolution PC 12-106 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING PLOT PLAN NO. 2012-009 FOR THE BYs RESTAURANT AND BREWHOUSE LOCATED AT 30208 HAUN ROAD. Whereas, in January 9, 2012, the applicant, Fancher Development Services, filed a formal application with the City of Menifee for a plot plan for a 7,453 sq. ft. restaurant located at 30208 Haun Road in the Countryside Marketplace within the City of Menifee; and, Whereas, on March 13, 2012, the Planning Commission held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Plot Plan No. 2012-009, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 1,500 feet of the Project boundaries, and to persons requesting public notice; and, Whereas, at the March 13, 2012 Planning Commission public hearing, the Commission found that: Consistency with the General Plan. The conditional use permit is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The project is to construct a 7,453 sq. ft. restaurant in an existing and approved and commercial shopping center entitled under Conditional Use Permit No. 3475 by the County of Riverside. The general plan land use of the project site is General Commercial. The existing commercial shopping center and restaurant within that center is consistent with the general plan land use. The project is consistent with the existing general plan land use and there is a reasonable possibility that the project will be consistent with future general plan and; therefore, shall not interfere with the future adopted general plan, including a housing element that is consistent with the state housing element law. 2. Consistency with Zoning Code. The plot plan for the restaurant is consistent with the provisions of the zoning code. The project site is within Specific Plan No. 194, "The Countryside Specific Plan". The Specific Plan provides land use and zoning for the property as well as design guidelines. The Specific Plan designates this property for commercial land uses. The restaurant is allowed under the specific plan zoning. The project hag been designed consistent with the development standards of the specific plan. 3. Surrounding Uses. Approval of the permit will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The construction of the restaurant will not cause impacts to the surrounding uses, which include other commercial uses within the shopping center and Interstate 215 to the east of the site. The project use, layout and design is consistent with the what was approved under the original Conditional Use Permit for the shopping center. A restaurant use was identified to be located within this pad on Resolution No PC 12-106 PP 2012-009 March 13, 2012 the approved site plan. The size of the restaurant does not exceed the square footage identified on the site plan and contemplated within the environmental document which analyzed the shopping center. The amount of parking is consistent with what was shown on the approved plan. The architecture is consistent with the rest of the shopping center. Existing landscaping is protected and maintained. The applicant shall obtain all required building permits from the Building and Safety Department. Therefore, the project will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The project is to review the tenant specific site plan, elevations and floor plans of BTs Restaurant located in a pad that was originally identified and entitled under Conditional Use Permit No. 3475 for restaurant uses. The size of the restaurant is not larger than what was contemplated under the CUP approval. The plot plan is classified under Section 18.30, a. (1) "Plot plans that are not subject to the California Environmental Quality Act and are not transmitted to any governmental agency other than the Planning Department for review and comment." All impacts related to Conditional Use Permit No. 3475, including traffic, parking, restaurant use, architecture and aesthetics were analyzed in an Environmental Impact Report No. 488, which was certified by the Riverside County Board of Supervisors as part of the approval of Conditional Use Permit No. 3475. No further environmental review is required. 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. Plot Plan No. 2012-009, 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 March 13, 2012. Resolution No PC 12-106 PP 2012-009 March 13, 2012 PASSED, APPROVED AND ADOPTED THIS 13" DAY OF MARCH 2O12. Bill Zimmerm n, *man ATTEST: Jena' er Allen, Planning Commission Secretary Approved Joseph W/fVtgfier, Interim City Attorney GtTy Op MENI FEE John V. Denver Mayor Thomas Fuhrman Mayor Pro Tern Wallace W. Edgerton Councilmember Darcy Kuenzi Councilmember Sue Kristjansson Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 95i•679.3843 www.cityofmenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC12-106 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 13th day of March, 2012 by the following vote: Ayes: Liesemeyer, Matelko, Thomas, Warren, Zimmerman Noes: None Absent: None Abstain: None nifer Allen, Planning Commission Secretary G%TY pF ENIFE City of Menifee 29714 Haun Road Menifee, CA 92586 Conditions of Approval for Plot Plan No. 2012-009 "W's Restaurant and Brewhouse at Countryside Marketplace" 1. Project Description for Plot Plan No. 2012-009 The minor plot plan proposes to allow a 7,453 sq. ft. BJ's Restaurant and Brewhouse to be located on the vacant pad within APN 360-690-032 in the Countryside Marketplace shopping center. 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 application 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 Plot Plan No. 2012-009 (PP 2012-009). 3. Definitions The words identified in the following list that appear in all capitals in the attached conditions of PP 2012-009 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan, Floor Plan and Elevations for Plot Plan No. 2012-009, dated February 24, 2012. APPROVED EXHIBIT M = Colored Renderings and Materials for Plot Plan No. 2012-009, dated February 24, 2012. 4. Substantial Conformance with Original The Planning Department has determined this application to be substantially in conformance with the site plan, floor plans, and elevations approved under Conditional Use Permit No. 3475. Conditions of Approval for PP 2012-009 BJ's Restaurant Page 2 of 5 5. Comply with Prior Conditions Development and use of this Plot Plan shall comply with all applicable conditions of Conditional Use Permit No. 3475. 6. Comply with Ordinances and Codes The development of these premises shall comply with the standards of Ordinance No. 348 and all other applicable Riverside County or City of Menifee ordinances or guidelines and State and Federal codes. The development of the premises shall conform substantially with that as shown on Exhibit A and M, unless otherwise amended by these conditions of approval. 7. Menifee Municipal Code Chapter 15.04 All landscaping and irrigation shall be in compliance with the standards and requirements set forth in Menifee Municipal Code Chapter 15.04 for Landscape Water Use Efficiency Requirements. 8. Comply with Building and Safety Compliance with Department of Building and Safety directives and all required permits shall be obtained prior to establishment or continuation of the use. 9. Comply with Engineering Department Compliance with Engineering Department directives and all required permits shall be obtained prior to establishment or continuation of the use. 10. Lighting Hooded and Directed Any outside lighting shall be hooded and directed so as not to shine directly on adjoining property or public right-of-way. 11. Comply with Ordinance 2009-24 All lighting shall comply with any applicable provisions of City of Menifee Ordinance No. 2009-24. 12. Viable Landscaping All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Planning Department shall require inspections in accordance with the Landscape/Irrigation Install Inspection Condition of Approval. 13. Signage. No signage has been approved as part of this development. No other outdoor advertising display, sign or billboard (not including on -site advertising or directional signs) shall be constructed or maintained within the property subject to this approval. Prior to the installation of any additional on -site advertising display or structure, the developer shall submit a plot plan application for signage, including applicable deposit based fees, to the City of Menifee Planning Department for review and approval. 14. Expiration Date This approval shall be used within two years from the date of approval; 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 the Conditions of Approval for PP 2012-009 BJ's Restaurant Page 3 of 5 two-year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. Extensions of time may be filed pursuant to Ordinance No. 348, Section 18.30. Prior to Building Permit Issuance 15. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT A and M. 16. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT A. 17. Landscaping Plan. The developer shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Planning Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Planning Department), along with the current fee. 18. Parking Layout Requirements. Prior to building permit issuance the precise grading plan and/or site plan within the building plans shall be revised to be consistent with the following requirements related to parking lot layout: 1. End parking spaces must be 11 feet wide, specifically, the five spaces on the east side of the building need to be revised. 2. Install a 12' concrete walk out next to a 6" curb, a total of 18" for all planters next to parking spaces. This comment was caught on the landscape review and only applies to the same five parking spaces mentioned above. 19. Fees. Prior to issuance of building permits, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 20. Menifee School District. Impacts to the Menifee School District shall be mitigated in accordance with California State law. 21. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Prior to Release of Full Utilities 22. Security Deposit Prior to the release of full utilities, a security deposit based on the approved cost estimate must be opened and paid to the City of Menifee Planning Department before landscape inspections can be scheduled. Conditions of Approval for PP 2012-009 BJ's Restaurant Page 4 of 5 23. Landscape/Irrigation Install Inspection The permit holder's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape Installation and with the Planning Department at least fifteen (15) working days prior to release of full utilities. The Planning Department will require an initial deposit of $2,000 in order to conduct the pre -landscape inspection, landscape completion inspection, six-month landscape inspection and the one-year post establishment inspection. 24. Soil Management Plan The developer shall submit a Soil Management Plan (Report) to the Planning Department before the Landscape Installation Inspection and/or release of final utility. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, "What is Required in a Soil Management Plan?" Prior to Final Occupancy 25. Install Landscaping Prior to occupancy, all required landscape plantings and irrigation systems shall have been installed and be in a condition acceptable to the Planning Department or the City of Menifee. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and in good working order. 26. Landscape/Irrigation Install Inspection The permit holder's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Final Landscaping Installation Inspection and with the Planning Department at least ten (10) working days prior to final occupancy. The final landscaping inspection must be completed prior to final occupancy. The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. 27. Final Planning Inspection. The applicant shall obtain final occupancy sign -off from the Planning Division for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, parking lot layout, etc. The applicant shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. 28. Elevations The elevation and colors shall conform substantially with that shown on APPROVED EXHIBIT A and M. Conditions of Approval for PP 2012-009 BJ's Restaurant Page 5 of 5 29. Roof Mounted Equipment. Prior to final occupancy, Planning staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans. 30. Fees. Prior to issuance of occupancy/final inspections, the Planning Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. END OF CONDITIONS