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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