PC12-111Resolution PC 12-111
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
DENYING SECOND UNIT PERMIT NO. 2011-085 to ALLOW AN EXISTING
UNPERMITTED SECOND UNIT
Whereas, on July 7, 2011, the applicant, Marvin Zepede, filed a formal
application with the City of Menifee allow an existing unpermitted second dwelling unit
located north of Holland Road, south of Silver Court, west of Old Windmill Road and east
of Stern Drive, and,
Whereas, on May 8; 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 Second Unit Permit No. 2011-085 which
hearing was publicly noticed by a publication in the newspaper of general circulation, an
agenda posting, and notice to property owners within 600 feet of the Project boundaries,
and to persons requesting public notice; and,
Whereas, at the May 8, 2012 Planning Commission public hearing, the
Commission found that:
Consistency with the Zoning Code. The Second Unit Permit is not consistent
with the zoning code.
The proposed project is not consistent with the permit standards for second units
pursuant to Ordinance 348, Section 18.28a.
(c) Applicant Does Not Reside at Residence. The subject lot must contain an
existing one -family detached unit, and either the existing unit or the proposed
additional unit may be and will need to be the dwelling unit of the owner -
occupant.
The property owners do not currently reside and have stated that they do not
intend to reside at the property. Therefore, the project is not consistent with
the owner occupancy requirement.
2. Wall within City Right -of -Way. The project shall not extend into the dedicated
public right-of-way.
The proposed project is not consistent with the City's public right-of-way
requirements pursuant to City Ordinance No. 461, Standard No. 106 and 800.
Silver Court is a Local Access road with a 60-foot dedicated right-of-way.
The existing wall on the northern property line extends into the City's
dedicated public right-of-way as illustrated on Parcel Map No. 19671 and as
required under Ordinance No. 461 for a Local Access road (Standard No.
106) with cul-de-sac (Standard No. 800). No exhibit demonstrating that the
wall will be removed from the right-of-way has been received by Planning
Staff as of the date of the writing of this Staff Report. Therefore, the project is
not consistent with the approved Parcel Map No. 19671.
3. Surrounding Uses. Approval of the application may 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 project vicinity.
Resolution No. PC 12-111
PP 2011-085
May 8, 2012
The existing second unit permit is not consistent with the permit standards within
Ordinance No. 348, Section 18.28.a(c)(1)(c). Therefore, the approval of the
application may 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 project vicinity.
4. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
r"
The proposed use has been determined to be Categorically Exempt (Class I —
Projects which are Disapproved) under the California Environmental Quality Act
(CEQA). CEQA does not apply to projects which a public agency rejects or
disapproves.
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. Second Unit Permit No. 2011-085, is denied by the Planning Commission
on May 8, 2012.
PASSED, APPROVED AND ADOPTED THIS 8th DAY OF MAY 2012.
Z ik
Bill Zimmerman, Chair
ATTEST:
n ' er Allen, P nr1�Co� nission Secretary
letcher, Interim City Attorney
[r4TY 4R
MENIFEE
Wallace 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 95i•679.3843
nrww.cityofinenifee. 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. PC12-111 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
8t' day of May, 2012 by the following vote:
Ayes: Liesemeyer, Matelko, Thomas, Warren, Zimmerman
Noes: None
Absent: None
Abstain: None
P16ferAllen, Planning Commission Secretary