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20-957RESOLUTION NO. 20-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA RESCINDING PLANNING COMMISSION RESOLUTIONS NO. 20-514 AND NO. 20-515, IN RESPONSE TO THE APPLICANTS REQUEST TO WITHDRAW TENTATIVE PARCEL MAP NO. 37121 (PLANNING APPLICATION TPM 2016-185) FOR THE SUBDIVISION OF 37.06 ACRES INTO SIX (6) PARCELS FOR COMMERCIAL, RETAIL, AND AUTO RELATED USES LOCATED AT THE NORTHEAST CORNER OF HAUN AND HOLLAND ROADS AND WEST OF INTERSTATE 215 (APN: 360-130-003), AND DECLARING THE APPEALS OF THOSE PLANNING COMMISSION RESOLUTIONS MOOT WHEREAS, on August 11, 2016, the applicant, JPN Corporation, filed a formal application with the City of Menifee for Tentative Parcel Map (TPM) 2016-185 (PM 37121) a subdivision of 37.06 gross acres into six (6) commercial parcels ranging in size from 5.10 to 7.76 gross acres (collectively, the “Project”); and WHEREAS, on June 24, 2020, following a properly noticed and conducted public hearing on the Project, the Planning Commission of the City of Menifee adopted Planning Commission Resolutions No. 20-514 and No. 20-515, respectively, adopting the Initial Study and Mitigated Negative Declaration and granting approval of TPM 2016- 185 (PM 37121); and WHEREAS, on June 29, 2020 the City of Menifee received Appeal No. PLN20- 0159 from Golden State Environmental Justice Alliance/Hannah Bentley, Blum Collins, LLP., appealing the June 24, 2020 Planning Commission approval of TPM 2016-185 (PM 37121) on the merits and preparation of the Initial Study and Mitigated Negative Declaration; and WHEREAS, on June 29, 2020 the City of Menifee received Appeal No. PLN20- 0169 from Supporters Alliance for Environmental Responsibility, appealing the June 24, 2020 Planning Commission approval of TPM 2016-185 (PM 37121) on the merits and preparation of the Initial Study and Mitigated Negative Declaration; and WHEREAS, on July 2, 2020, the applicant, Jim Nelson for JPN Corporation, filed Appeal No. PLN20-0199 appealing the June 24, 2020 Planning Commission approval of the Indemnification Agreement within the Condition of Approval for TPM 2016-185 (PM 37121), and WHEREAS, On August 19, 2020, the applicant, Jim Nelson for JPN Corporation filed a written request with the City of Menifee for the rescission of approval of Tentative Parcel Map (TPM) 2016-185 (PM 37121) a subdivision of 37.06 gross acres into SIX (6) commercial parcels ranging in size from 5.10 to 7.76 gross acres (collectively, the “Project”); and WHEREAS, on September 2, 2020, the City Council 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 the rescission of Tentative Parcel Map (TPM) 2016-185 (TPM 37121) 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 700 feet of the Project boundaries and to persons requesting public notice; and DocuSign Envelope ID: 128653EB-ECA3-4E68-BEC9-BE0F8AEC3807 957 PM 37121 / Planning Case PM 2016-185 June 24, 2020 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Menifee resolves and orders as follows: 1. Planning Commission Resolution No. PC20-514 for the adoption of the Initial Study and Mitigated Negative Declaration and Planning Commission Resolution No. PC20-515 approving Tentative Parcel Map No. 2016-185 (PM 37121) are hereby rescinded and of no further force or effect. 2. Appeals PLN 20-0159, PLN20-0169, and PLN20-0199 are, by virtue of the action taken in Section 1, hereby dismissed as moot. PASSED, APPROVED AND ADOPTED this the 2nd day of September 2020. _________________________ Bill Zimmerman, Mayor Attest: ___________________________ Sarah A. Manwaring, City Clerk Approved as to form: ______________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: 128653EB-ECA3-4E68-BEC9-BE0F8AEC3807 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolution No. 20- was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 2nd day of September 2020 by the following vote: Ayes: Noes: Absent: Abstain: _______________________________ Sarah A. Manwaring, City Clerk DocuSign Envelope ID: 128653EB-ECA3-4E68-BEC9-BE0F8AEC3807 None None None 957 August, Deines, Sobek, Liesemeyer, Zimmerman