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