PC14-173Resolution PC 2014-173
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA UPHOLDING THE DIRECTOR'S
INTERPRETATION OF THE CODE WITH REGARD TO A
COMMERCIAL PLUMBING BUSINESS WITHIN THE LIGHT
AGRICULTURAL (A-1) ZONING DISTRICT
Whereas, on February 4, 2014 Mr. Tony Falco submitted a request to the City's
Community Development Department to determine whether a commercial plumbing
business (land use activity), is or could be determined to be a land use permitted or
conditionally permitted within the Light Agricultural (A-1) Zoning District; and
Whereas, on February 20, 2014, the Interim Community Development Director,
in careful consideration of the information provided by Mr. Falco in support of his request
to establish a commercial plumbing business as a permitted or conditionally permitted
land use within the Light Agricultural (A-1) Zoning District, found that the requested use
is not "substantially the same character and intensity as those (uses) listed in the
designated subsections" of the Light Agricultural (A-1) Zoning District; and
Whereas, on February 27, 2014, an appeal (Appeal 2014-004) of the Interim
Community Development Director's Code Interpretation was filed with the City Clerk of
the City of Menifee; and
Whereas, on March 12, 2014, an Appeal of the Director's Code Interpretation by
way of Appeal 2014-004 was publicly noticed within The Press Enterprise, a newspaper
of general circulation, of a scheduled public hearing before the City of Menifee Planning
Commission scheduled for March 24, 2014; and
Whereas, on March 24, 2014 the Planning Commission held duly noticed public
hearings on Appeal No. 2014-004, considered all public testimony as well as all
materials in the staff report and accompanying documents for the Appeal, which hearing
was publicly noticed by a publication in a newspaper of general circulation, an agenda
posting, and notice to property owners within 300 feet of the boundaries of the specific
property of the Code Interpretation request, and to persons requesting public notice; and
Whereas, at the March 24, 2014 Planning Commission public hearing, the
Commission considered the Goals and Policies of the City's adopted General Plan listed
below as they pertain to the Code Interpretation request.
LU-1.1 Concentrate growth in strategic locations to help preserve rural areas,
create place and identity, provide infrastructure efficiently, and foster the use of
transit options.
LU-1.4 Preserve, protect, and enhance established rural, estate, and
residential neighborhoods by providing sensitive and well -designed transitions
(building design, landscape, etc.) between these neighborhoods and adjoining
areas.
LU-2.1 Promote infill development that complements existing neighborhoods
and surrounding areas. Infill development and future growth in Menifee is
strongly encouraged to locate within EDC areas to preserve the rural character of
rural, estate, and small estate residential uses.
Resolution No. PC14-173
Appeal of Director's Code Interpretation
CD-1.2 Support the development and preservation of unique communities and
rural and suburban neighborhoods in which each community exhibits a special
sense of place and quality of design.
1. Now, therefore, the Planning Commission of the City of Menifee resolves
and orders as follows:
2. Section 1. That at the March 24, 2014 Planning Commission public
hearing, the materials within the staff report and accompanying documents, as required
by Riverside County Ordinance No. 348 (adopted by the City of Menifee with regard to
matters pertaining to the Zoning Code), illustrate to the Commission that the proposed
Code Interpretation by way of Appeal 2014-004 is not consistent with, does not conforms
to and will not fulfills the Goals and Policies of the adopted General Plan as listed above.
Section 2. That the Planning Commission affirms that based upon the
information provided that staff did not error in its interpretation of the Code, did not
abuse its authority in applying the Code nor did it grant an approval that would clearly
create a situation (allow a land use) that would be detrimental to the health, safety and
general welfare of the residents or visitors to the City of Menifee, and thus denies Appeal
2014-004, and as such the Commission upholds the Interim Community Development
Director's Code Interpretation wherein a commercial plumbing business is not a
permitted or conditionally permitted land use within the Light Agricultural (A-1) Zoning
District.
Section 3. Notice of Adoption. The City Clerk of the City of Menifee shall certify
to the adoption of this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon its
adoption.
Section 5. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications and, to this end, the provisions of this Resolution are declared
to be severable.
Resolution No. PC14-173
Appeal of Director's Code Interpretation
APPROVED AND ADOPTED THIS 20 DAY * MARCH, 2014.
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Approved as to form:
J i Biggs, City Atto
ATTEST:
J nifer Allen, Planning Commission Secretary
MENIFEE'
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4 ra.0 a
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
/vww.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. PC14-173 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
24th day of March, 2014 by the following vote:
Ayes:
Phillips, Sobek, Thomas
Noes:
Liesemeyer, Matelko
Absent:
None
Abstain:
None
,-lennifer Allen, Planning Commission Secretary