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PC14-178Resolution No. PC14-178 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT NO. 2014-157 FOR THE HERITAGE SQUARE SHOPPING CENTER TO ALLOW FOR AN OUTDOOR SEASONAL SALES AREA AND RECYCLABLE AREA ASSOCIATED WITH THE GROCERY STORE Whereas, in June 27, 2014, the applicant, Heritage Square L.P., filed a formal application with the City of Menifee for Conditional Use Permit No. 2014-157 to allow the use of the car wash, gasoline service station, with con current sale of beer and wine for off -premises consumption, and convenience store; and, Whereas, on August 12, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit 2014-157, considered public testimony and materials in the staff report and accompanying documents, 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 site boundaries. Whereas, at the August 12, 2014 Planning Commission public hearing, the Commission found that: 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 (CR) which allows for a variety of commercial and retail uses such as grocery stores, restaurants, clothing stores, personal services (nail or hair salons), etc. The proposed project is a commercial use and is consistent with the existing general plan land use of the site. 2. Consistency with the Zoning Code. The project is consistent with Ordinance No. 348. The project site is zoned Scenic Highway Commercial (C-P-S). The use is allowed in the C-P-S zone with approval of a conditional use permit. The proposed project is consistent with the development standards of the C-P-S 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. To the north, the property is designated for residential uses, but the site is currently vacant. Existing residential uses are established to the east of the site beyond Menifee Road. Properties to the south of the site are designated for Commercial uses. To the west of the project site is Boulder Ridge Elementary School. The outdoor sales area and recycling area is buffered by landscaping and has been sited away from major drive aisles for safety. Resolution No. PC14-178 CUP 2014-157 August 12, 2014 The establishment, maintenance or conducting of the use for which the conditional use permit is sought will not, under the particular case when consistent with the conditions of approval, be detrimental to the public welfare or injurious to property or improvements in the neighborhood. The establishment, maintenance or conducting of the use for which the conditional use permit is sought will not, under the particular case when consistent with the conditions of approval, be objectionable or incompatible with the character of the city and its environs due to noise, dust, odors or other undesirable characteristics may be prohibited. The establishment, maintenance or conducting of the use for which the conditional use permit is sought will be essential or desirable to the public convenience or welfare, and will not impair the integrity and character of the zoned district or be detrimental to the public health, safety, morals or welfare. 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 Plot Plan, Conditional Use Permits and Development Agreement were analyzed in a Mitigated Negative Declaration (Environmental Assessment No. 41320) prepared for the original plot plan and conditional use permit applications. The Mitigated Negative Declaration (MND) was adopted by the City of Menifee City Council on June 1, 2010. No new environmental impacts have been identified. No further environmental review is required. The previously prepared MND 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 set out above are true and correct. 2. Conditional Use Permit No. 2014-157 for the outdoor seasonal sales area and recycling area at the Heritage Square shopping center is recommended for approval to the City Council, subject to the Conditions of Approval as set forth in Exhibit 1" to this Resolution and as approved by the Planning Commission on August 12, 2014. Resolution No. PC14-178 CUP 2014-157 August 12, 2014 PASSED, APPROVED AND ADOPTED this 12th day of August 2014. Matthew Liesemeyer, Chair Attest: �Zs J nifer Allen, Deputy City Clerk Approved as to form: i -.4 & Julie Ha4L:El- yward iggs, Ci Attorney 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 www.cityofrnenifee.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. PC14-178 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 12`h day of August, 2014 by the following vote: Ayes: Matelko, Phillips, Sobek, Thomas Noes: None Absent: None Recuse: Liesemeyer Jenifer Allen, Planning Commission Secretary EXHIBIT 41" Conditions of Approval for CUP 2014-157 Section I: Conditions applicable to All Departments Section II: Planning Conditions of Approval Conditions of Approval CUP No. 2014-157 1 of 7 Section I: Conditions Applicable to all Departments Conditions of Approval CUP No. 2014-157 2 of 7 General Conditions Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Conditional Use Permit No. 2009-103 shall be henceforth defined as follows: APPROVED EXHIBIT R = Site Plan for Conditional Use Permit No. 2014- 157, dated October 15, 2008. 2. Description. The use hereby permitted is to allow for the seasonal sales area and recyclable area associated with the grocery store. 3. Indemnification. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and County and any agency or instrumentality thereof, and/or any of its officers, employees and agents (collectively the "City and County") 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 Plot Plan or the City's and County'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 County, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Environmental Assessment No. 41320, Change of Zone No. 7501, Tentative Parcel Map No. 34998, Plot Plan No. 2009-051, Conditional Use Permit No. 2014-155, Conditional Use Permit No. 2014-156 and Conditional Use Permit No. 2014-157. 4. Ninety (90) Days to Protest. The project developer has ninety (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. Newly Incorporated City. 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 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 Conditions of Approval CUP No. 2014-157 3 of 7 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. 6. City of Menifee. On October 1st, 2008 the City of Menifee incorporated. At the time the City incorporated it was required to accept all the laws and ordinances of the County of Riverside. Over time the City will change these ordinances either by name or content. The applicant or successor in interest of this project will be subject to ordinances of the City of Menifee and not those of the County of Riverside that the City has jurisdiction over. Therefore, any condition of approval listed in this project that references a County of Riverside Ordinance, will in fact be subject to the equivalent City ordinance or subsequent ordinance introduced by the City. The applicant or their successor in interest by accepting these conditions also agrees to accept the equivalent City ordinance or subsequent ordinance introduced by the City. 7. Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Plot Plan No. 2009-051. 8. Expiration. This approval shall be used within two (2) years of the approval date or as determined by a development agreement; 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. Conditions of Approval CUP No. 2014-157 4 of 7 Section II: Planning Conditions of Approval Conditions of Approval CUP No. 2014-157 5 of 7 General Conditions 9. 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, unless otherwise amended by these conditions of approval. 10. Approved Plans. The project shall be developed in substantial conformance with the approved plans. 11. 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. 12. Ceased Operations. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. 13. Business Licensing. Every person conducting a business within the City of Menifee shall obtain a business license. For more information regarding business registration, contact the City of Menifee. 14. Seasonal Sales and Recycling Area Location. The recycling area and seasonal sales area shall be located within the site as shown on EXHIBIT R. 15. Plot Plan Required. The applicant shall submit a Plot Plan application for Planning Director approval showing the elevation and materials for the parking lot enclosure of the seasonal sales area. 16. No Chain Link. No chain link fencing shall be allowed for either the seasonal sales area or recycling area. 17. Sales Times. The sales times for the outdoor areas shall coincide with the store hours of operation. 18. Four Outdoor Seasonal Sales Per Year. The applicant is only allowed the use of the outdoor sales area four (4) times per year, not to exceed thirty (30) days during each use. 19. Recycling Area. The recycling area shall be kept clean at all times and shall be manned during operating hours. 20. Seasonal Sales. The seasonal sales area shall be kept clean at all times during use. Conditions of Approval CUP No. 2014-157 6 of 7 21. Other Restrictions. The CUP approval is not for live entertainment, music or dancing. FEES 22. 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 Date Name (please print) Title (please print) Conditions of Approval CUP No. 2014-157 7 of 7