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PC20-522RESOLUTION PC 20-522 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA DENYING APPEAL NO. PLN20-0257 FILED BY DR. NIKAN KHATIBI, THEREBY UPHOLDING THE USE DETERMINATION MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR FOR “INLAND PAIN SPECIALISTS” LOCATED AT 27188 SUN CITY BOULEVARD (APN: 337-310-005). WHEREAS, on January 31, 2020, the applicant, Nikan Khatibi, filed a formal application with the City of Menifee for a business license for “Inland Pain Specialists” located at 27188 Sun City Boulevard (“Project”); and WHEREAS, on July 31, 2020, a temporary Certificate of Occupancy was issued. Site improvement corrections were needed to receive a final Certificate of Occupancy; and WHEREAS, on September 16, 2020, the Community Development Director sent a letter to the applicant requesting a detailed statement of operations due to signage at the site advertising for “methadone treatment.” The letter also revoked the Temporary Certificate of Occupancy that had been issued; and WHEREAS, on September 18, 2020, the Police Department and the Building Official visited the site to gather information about the facility’s operations and ensured that business operations ceased; and WHEREAS, on September 21, 2020, the applicant provided a statement of operations to the City of Menifee; and WHEREAS, on September 23, 2020, the Community Development Director determined that the proposed use at 27188 Sun City Boulevard is not a permitted use in the EDC-MB zone per the Menifee Municipal Code. The use was determined to be inconsistent with a Medical Office and Clinic as defined in the Menifee Municipal Code; and WHEREAS, on October 1, 2020, Nikan Khatibi, (the “Appellant”), appealed the Community Development Director’s use determination; and WHEREAS, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Appeal No. PLN20-0257, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the project boundaries, and to persons requesting public notice; and WHEREAS, at the October 28, 2020 Planning Commission public hearing, based on the public testimony as well as all materials in the staff report and accompanying documents, the City of Menifee Planning Commission denied Appeal No. PLN20-0257. DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 Appeal No. PLN20-0257 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Menifee hereby resolves and orders as follows: 1. Adopt Resolution No. 20-522 denying Appeal No. PLN20-0257, thereby upholding the use determination made by the Community Development Director for “Inland Pain Specialists” located at 27188 Sun City Boulevard, Sun City, CA 92586. PASSED, APPROVED AND ADOPTED this the 28th day of October, 2020. _________________________ Randy Madrid, Chairman Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC20-520 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 28th day of October 2020 by the following vote: Ayes: Noes: Absent: Abstain: _______________________________ Stephanie Roseen, CMC Deputy City Clerk Karwin, Phillips, Thomas, Diederich, Madrid None None None DocuSign Envelope ID: F3E59FC4-D741-4585-A149-A307EF868E28