PC13-135RESOLUTION No. PC 13-136
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE APPROVING VARIANCE NO. 2012-184 FOR SUMMIT
EQUIPMENT RENTALS.
Whereas, on November 20, 2012, the applicant, Summit Equipment Rentals,
filed a formal application with the City of Menifee Community Development Department
for Variance No. 2012-184 for an existing equipment storage facility; and,
Whereas, on February 12, 2013 the Planning Commission held a duly noticed
public hearing on Variance No. 2012-184, considered public testimony and materials in
the staff report and accompanying documents, which hearing was publicly noticed by a
publication in a newspaper of general circulation, an agenda posting, and notice to
property owners within 1,000 feet of the project site boundaries; and,
Whereas, at the February 12, 2013 Planning Commission public hearing, the
Commission discussed, then continued, the project to April 9, 2013; and,
Whereas, the Planning Commission held a subsequent public hearing on April 9,
2013, considered public testimony and materials in the staff report and accompanying
documents, which hearing did not require an additional public notice pursuant to
Riverside County Ordinance No. 348, Section 1.11; and,
Whereas, at the April 9, 2013 Planning Commission public hearing, the
Commission discussed, then continued, the project to May 14, 2013; and,
Whereas, the Planning Commission held a subsequent public hearing on May
14, 2013, considered public testimony and materials in the staff report and
accompanying documents, which hearing did not require an additional public notice
pursuant to Riverside County Ordinance No. 348, Section 1.11; and,
Whereas, at the May 14, 2013 Planning Commission public hearing, the
Commission continued the project to June 11, 2013; and,
Whereas, the Planning Commission held a subsequent public hearing on June
11, 2013, considered public testimony and materials in the staff report and
accompanying documents, which hearing did not require an additional public notice
pursuant to Riverside County Ordinance No. 348, Section 1.11; and,
Whereas, at the June 11, 2013 Planning Commission public hearing, the
Planning Commission denied Variance No. 2012-184; and,
Whereas, on June 14, 2013, an appeal of the Planning Commission's denial of
Variance No. 2012-184 was filed by the applicant's representative, Johnson & Sedlack
Attorneys at Law and also requested that the appeal hearing before the City Council be
postponed until July 16, 2013 because the property owners would be out of town; and,
Whereas, on July 16, 2013, the City Council 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. 2012-178 and Variance No. 2012-184
which hearing was publicly noticed by a publication in a 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. PC 13-135
Variance No. 2012-184
Summit Equipment Rentals
Whereas, at the July 16, 2013 City Council public hearing, the City Council
remanded Variance No. 2012-184 back to the Planning Commission for further
consideration; and,
Whereas, on August 13, 2013 the Planning Commission held a public hearing on
Variance No. 2012-184, considered public testimony and materials in the staff report and
accompanying documents, which hearing was publicly noticed by a publication in a
newspaper of general circulation, an agenda posting, and notice to property owners
within 1,000 feet of the project site boundaries; and,
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
and orders as follows:
Ordinance No. 348, Article X (I-P Zone), Section 10.4, c. requires that 15% of the
project site be landscaped and automatic irrigation installed; however, on 12.8%
of this project site has been landscaped and a variance to this development
standard is required.
2. Ordinance No. 348, Section 18.27 (a) states the basis for a variance. Variances
from the terms of Ordinance No. 348 may be granted when, because of special
circumstances applicable to a parcel of property, including size, shape,
topography, location or surroundings, the strict application of this ordinance
deprives such property of privileges enjoyed by other property in the vicinity that
is under the same zoning classification. Variances shall be limited to
modification of property development standards.
The project site is for an equipment storage yard with offices. The project
provides five feet of landscaping around the entire perimeter of the site and 20
feet on the street frontage. The landscaping plan has been designed to provide
adequate screening of the site. Due to the outdoor storage use, drive aisle
requirements and parking requirements, the site is constrained and the additional
2.2% of landscaping could not be accommodated within the site.
4. The approval of the variance application 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 further
resolves and orders as follows:
1. The Findings set out above are true and correct.
2. Variance No. 2012-184 is hereby approved to allow landscaping in the site to
vary from Ordinance No. 348, Article X (I-P Zone), Section 10.4, c. Specifically,
the variance is approved to allow only 12.8% landscaping within the site.
PASSED, APPROVED AND ADOPTED this 13th day of AUGUST 2013.
Resolution No. PC 13-135
Variance No. 2012-184
Summit Equipment Rentals
Liesemeyer, Planning Commission Chair
Attest:
J nnifer Allen, Planning Commission Secretary
Approved as to form:
Scott A. Mann
Mayor
Wallace W. Edgerton
Deputy Mayor
John V. Denver
Councilmember
Thomas Fuhrman
Councilmember
Greg August
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
w .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. PC13-135 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
131" day of August, 2013 by the following vote:
Ayes:
Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes:
None
Absent:
None
Abstain:
None
ennif& Allen, Planning Commission Secretary