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PC13-141RESOLUTION NO. PC 13-141 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING CONDITIONAL USE PERMIT NO. 2012-189 TO ALLOW FOR GREATER BUILDING HEIGHTS IN THE MENIFEE LAKES PLAZA SHOPPING CENTER. Whereas, on November 10, 2009, the Planning Commission approved Plot Plan (Plot Plan No. 2009-052) and Conditional Use Permits (CUP 03487, CUP 2009-084 and CUP 2009-085) for the construction and operation of the Menifee Lakes Plaza Shopping Center and adopted a Mitigated Negative Declaration (EA40567) for the project; and Whereas, upon approval of the Conditional Use Permits, the applicant had two (2) years to begin substantial construction or use the Conditional Use Permit and if substantial construction of the use had not begun within the two (2) years of approval of the Conditional Use Permit the applicant could submit for up to one (1), one-year discretionary extension; and Whereas, the applicant submitted and received approval previously of the one (1), one-year discretionary extension for CUP 2009-085; and Whereas, under the provisions of the Municipal Code no additional extensions are available and there has been no substantial construction on the project within the three (3) year period in which to use a CUP and therefore, the CUPS have expired for the Menifee Lakes Shopping Center; and Whereas, on December 17, 2012, the applicant, MDMG Inc., filed a new formal application with the City of Menifee identical to CUP 2009-085 to allow the sale of beer, wine and distilled spirits for off -premises consumption for one (1) of the major buildings which is intended for drug store/pharmacy use located within the Menifee Lakes Shopping Center located at the northwest corner of Newport and Antelope Road in the City of Menifee; and Whereas, on September 10, 2013 and October 8, 2013, the Planning Commission held duly noticed public hearings on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Conditional Use Permit No. 2012-189, which hearing was publicly noticed by a publication in the 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 Whereas, at the October 8, 2013 Planning Commission public hearing, the Commission found that: 1. 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 site has a General Plan Land Use designation of Commercial Retail. The Commercial Retail land use designation allows for the development of commercial retail uses at a neighborhood, community and regional level, as well as for professional office and tourist -oriented commercial uses. General Plan Land Use Policy LU 23.9 requires that commercial development be designed to consider their surroundings and visually enhance, not degrade, the Resolution No PC 13-141 2012-189 CUP October 8, 2013 character of the surrounding area. The increase in building heights provides a varied roof level which is a better design than a single level roof. The increases for building height are predominately to accommodate building entries and are architectural elements that enhance the aesthetic of the project. The proposed use is consistent with the land use designation. The proposed land use designation on the City's General Plan is "Specific Plan". The Specific Plan land use for the site designates the property for commercial uses. The project is consistent with the Specific Plan and is therefore, consistent with the proposed General Plan land use. 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 State Housing law. 2. Consistency with the Zoning Code. The project is consistent with the Specific Plan Zoning and Ordinance 348. The project site is zoned Specific Plan No. 158, Planning Area 1-1, which refers back to the Riverside County Ordinance No. 348 Scenic Highway Commercial zoning classification with some modifications. The requirement for building heights to not exceed thirty-five (35) feet unless a Conditional Use Permit is approved is a development standard that was added by the master developer to the zoning of the Specific Plan. The Scenic Highway Commercial zone allows building heights between fifty and seventy-five (50-75) feet. Therefore, the request for increases in building heights is allowed by the Specific Plan and is consistent with the intent of the Scenic Highway Commercial zone. 3. Surrounding Uses. Approval of the application 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 project vicinity. The increases in building height 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 project vicinity. The surrounding uses include Antelope Road and residential uses to the north and east of the site, Newport Road and a shopping center to the south, and Interstate 215 to the west. The building heights are consistent with the surrounding commercial uses. There are residential uses to the north and east of the site; however, the residential uses are separated from the site by Antelope Road and the site has been designed to consider these residential uses. The increases in building height are primarily to provide enhanced entries to buildings or architectural features. The varied roof line and prominent entries provide a better design and aesthetic and reduce visual impacts for surrounding properties. The architecture utilized for the hotel provides varied roof levels, neutral colors, stone, multiple windows, and landscape screening to soften the building and minimize visual impacts to residential uses across Antelope Road. The project has been designed to visually enhance, not degrade, the aesthetics of the surrounding neighborhood and therefore, will not be detrimental to or incompatible with surrounding properties. Resolution No PC 13-141 2012-189 CUP October 8, 2013 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. All impacts related to the Conditional Use Permit application were analyzed in an Environmental Assessment/Mitigated Negative Declaration prepared for the original Plot Plan application (2009-052 PP) and original Conditional Use Permit (2009-085 CUP), which was adopted by the City of Menifee Planning Commission. No new environmental impacts have been identified or are anticipated. No further environmental review is required at this time. The previously prepared MIND is still accurate and applicable for this approval. Now, therefore, the Planning Commission of the City of Menifee resolves and orders as follows: The Findings, including the public necessity and convenience finding, set out above are true and correct. 2. Conditional Use Permit No. 2012-189, is approved subject to the Conditions of Approval as set forth in Exhibit I" to this Resolution and as approved by the Planning Commission on October 8, 2013. PASSED, APPROVED AND ADOPTENtHIS 8ih DAY OF OCTOBER 2013. Matthew ATTEST: Jena' r Ilen, Planning Commission Secretary Approved as to form: -i= Z9 " 6nney 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 951.6793843 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. PC13-141 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 8`h day of October, 2013 by the following vote: Ayes: Liesemeyer, Matelko, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None Jennifer AI e�ning Commission Secretary EXHIBIT i6V Conditions of Approval for CUP 2012-189 To allow for greater building heights. Conditions of Approval CUP No. 2012-189 1 of 4 General Conditions Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2012-189 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2009- 084, Amended No. 1, dated March 4, 2009. APPROVED EXHIBIT B = Elevations for Conditional Use Permit No.2009 — 085, Amended No. 1, dated March 4, 2009. 2. Description. The use hereby permitted is to allow for a greater building height limit. The project proposes buildings which currently exceed the allowed height under the Specific Plan Zoning Development Standards. Specific Plan No. 158, Planning Area 1-1, o. (2), D. requires that all buildings and structures shall not exceed thirty-five feet (35') in height, unless height up to seventy-five (75') feet is approved pursuant to Section 18.34. Roofs above the entrances to Major 1, Major 2 and Major 3 and the hotel exceed the required height. The heights of these roofs are as follows: Major 1 — 45 feet, 5 inches; Major 2 — 37 feet, 7 inches; Major 2 Cupola — 48 feet; Major 3 — 39 feet, 6 inches. In addition, the proposed hotel is 57 feet. Therefore, pursuant to Ordinance 348, Section 18.34, the conditional use permit requests to allow for a height limit of 60 feet for these buildings. 3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City") 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 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 any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. 2012-189 Conditional Use Permit (2012-189 CUP). 4. 90 Days to Protest. The project developer has 90 days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. City of Menifee. The City of Menifee is a new City incorporated on October 1, 2008; the City is studying and adopting its own ordinances, regulations, procedures, processing and development impact fee structure. In the future the City of Menifee will identify and put in place various processing fees to cover the reasonable cost of the services provided. The City also will identify and fund mitigation measure under CEQA through development Conditions of Approval CUP No. 2012-189 2 of 4 impact fees. Such fees may include but are not limited to processing fees for the costs of providing planning services when development entitlement applications are submitted, which fees are designed to cover the full cost of such services, and development impact fees to mitigate the impact of the development proposed on public improvements. To the extent that Menifee may develop future financing districts to cover the costs of maintenance of improvements constructed by development, Developer agrees to petition for formation of, annexation to or inclusion in any such financing district and to pay the cost of such formation, annexation or inclusion. The developer acknowledges it is on notice of the current development fees and understands that such fees will apply at the levels in effect at the time the fee condition must be met as specified herein. Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Plot Plan No. 2009-052. Expiration Date. This approval shall be used within two (2) years of the approval date; 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 two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the one year extension be obtained and no substantial construction or use of this permit be initiated within three (3) years of the approval date this permit, shall become null and void. 8. Comply with Ordinance. The development of these premises shall comply with the standards of Ordinance No. 348 and all other applicable ordinances and State and Federal codes. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A and B, unless otherwise amended by these conditions of approval. Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 10. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this conditional use permit as a principal place of residence. No person shall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. Conditions of Approval CUP No. 2012-189 3 of 4 11. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B. FEES 12. Subsequent Submittals and Fees. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Ordinance No. 671. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Name (please print) Date Title (please print) Conditions of Approval CUP No. 2012-189 4 of 4