24-1434RESOLUTION NO. 24-1434
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
FINDING AND DECLARING CONDITIONS PRESENT AT THE KRIKORIAN
ENTERTAINMENT COMPLEX PROPERTY TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF
WHEREAS, the Krikorian Entertainment Complex ("Project") is located at 27387, 27459, and
27483 Newport Road and consists of three partially completed commercial structures, including one retail
framed shell building, one burned retail building with only foundation/posts remaining, and one partially
constructed movie theatre building ("Property"); and
WHEREAS, the Property is owned by Showprop Menifee De, LLC ("Owner"); and
WHEREAS, the City has been involved with code enforcement issues relating to the Property
since September 1, 2021, when the Property was found to be in non-compliance of development
standards, ridden with graffiti, and not maintained consistent with landscaping standards; and
WHEREAS, on June 2, 2023, the City -issued permits for the Project expired due to lack of
progress; and
WHEREAS, on October 12, 2023, the City issued the Owner a Notice of Intent to Abate Public
Nuisance in connection with 27387 Newport Road (theatre building) ("Theater Notice to Abate") citing
each of the following considerations which led the City to determine that the Property constituted a public
nuisance: (a) degree of partial construction; (b) property constituted an attractive nuisance or otherwise
posed or promoted a hazard to the health, safety, or welfare of the general public; (c) the degree of
visibility of this condition from public or adjoining private real property; (d) the scope of work that was
needed to abate the nuisance; (e) the lack of valid approvals, permits, or other entitlement for the partially
constructed building or structure; (f) promptness with which a responsible person had applied for and
obtained all required City approvals and permits in order to lawfully comply with the City's nuisance
abatement efforts; (g) failure of a responsible person to comply with other required technical code
requirements, including requesting and passing required inspections in a timely manner while completing
nuisance abatement actions; (h) failure to apply for extensions to any required permit or to renew an
expired permit; (i) failure of a responsible person to make substantial progress in performing nuisance
abatement actions under any required permit that has expired or is about to expire; and 0) delays in
completing nuisance abatement actions under any required permit; and
WHEREAS, the Owner timely appealed the Theater Notice to Abate; and
WHEREAS, on November 29, 2023, the City issued the Owner a Notice of Intent to Abate Public
Nuisance in connection with 27459 and 27483 Newport Road (other retail building/foundation) ("Retail
Pad Notice to Abate") citing each of the following considerations which led the City to determine that the
Property constituted a public nuisance: (a) degree of partial construction; (b) property constituted an
attractive nuisance or otherwise posed or promoted a hazard to the health, safety, or welfare of the
general public; (c) the degree of visibility of this condition from public or adjoining private real property;
(d) the scope of work that was needed to abate the nuisance; (e) the lack of valid approvals, permits, or
other entitlement for the partially constructed building or structure; (f) promptness with which a
responsible person had applied for and obtained all required City approvals and permits in order to
lawfully comply with the City's nuisance abatement efforts; (g) failure of a responsible person to comply
with other required technical code requirements, including requesting and passing required inspections
in a timely manner while completing nuisance abatement actions; (h) failure to apply for extensions to
any required permit or to renew an expired permit; (i) failure of a responsible person to make substantial
progress in performing nuisance abatement actions under any required permit that has expired or is
about to expire; and 0) delays in completing nuisance abatement actions under any required permit; and
Krikorian Complex Abatement
June 5, 2024
lift must be removed for inspection purposes to verify adequate structural integrity of existing vertical
rebar along with plumbness consistent with applicable regulations; and
WHEREAS, the conditions found at the Theater Property during the inspection constitute public
nuisances under Menifee Municipal Code section 11.20.020(A)(2)(a-j), (4), (5), (7), (8), (13), (14), (27),
(34), (39), (40 (a, c).
WHEREAS, in conformance with Menifee Municipal Code Section 11.20.130(B), staff
recommends that the City Council adopt a resolution that declares the Theater Property a public
nuisance, orders the Owner to fully abate said conditions, and authorizes the City to perform the
abatement if the Owner fails to complete the abatement in a timely manner; and
WHEREAS, California Civil Code Section 3480 provides that "[a] public nuisance is one which
affects at the same time an entire community or neighborhood, or any considerable number of persons,
although the extent of the annoyance or damage inflicted upon individuals may be unequal"; and
WHEREAS, a public hearing was held before the City Council on June 5, 2024, and all interested
parties were provided notice and an opportunity to be heard on the issue of whether the conditions
present at the Theater Property constitute public nuisances.
NOW, THEREFORE, the City Council of the City of Menifee resolves as follows:
Section 1. The forgoing recitals are true and correct and the City Council so finds and determines.
Section 2. The City Council has independently reviewed and considered the hearing officer's
determination of February 26, 2024, and the evidence considered as part of the determinations made
therein, and finds and declares consistent with that determination that the Theater Property constitutes a
public nuisance pursuant to Menifee Municipal Code section 11.20.020(A)(2)(a-j).
Section 3. Independent and separate from the grounds that the hearing officer relied on to make his
determination, the City Council further finds and declares that the Theater Property presents a danger to
the health, property, safety, and welfare of the public and therefore constitutes a public nuisance as
defined in California Civil Code Section 3480 and Menifee Municipal Code sections 11.20.020(A)(4), (5),
(7), (8), (13), (14), (27), (34), (39), (40 (a, c).
Section 4. The City Council orders the owner of the Theater Property to abate the nuisance conditions
within 30 days by (1) demolishing all remaining structures on the Theater Property (including foundations,
etc.); (2) removing all debris and building materials, supplies, and equipment from the Theater Property;
and (3) properly securing the Theater Property to ensure that unauthorized individuals cannot enter.
Section 5. A copy of this resolution of the City Council ordering the abatement of the nuisances shall be
served upon the Owner of the Theater Property. The service shall be made both by a mailing that is
addressed to the Owner at the last known address of the Owner and by posting a copy on the Theater
Property. The Owner shall have the right to have the nuisances abated in accordance with this resolution
and at his own expense, provided the same is completed prior to the expiration of the 30-day abatement
period.
Section 6. If the nuisances are not completely abated by the owner as directed within the 30-day period,
the City shall cause the same to be abated by the City personnel or private contract, and the personnel
or persons under contract are expressly authorized to enter upon the premises for such purposes. The
Owner of the premises shall be liable to the City for all costs of the abatement, including administrative
costs.
Krikorian Complex Abatement
June 5, 2024
Section 7. In accordance with the provisions of Menifee Municipal Code Sections 11.20.150-11.20,170,
the City Council directs City staff to maintain an itemized account of all costs incurred by the City in
abating the nuisances, including all administrative and legal costs and expenses. City staff shall submit
to the City Council for confirmation an itemized written report showing the costs. The City Council may
modify the report if it is deemed necessary and shall then confirm the report by motion or resolution.
Pursuant Government Code Sections 38773.1 and 38773.5, the total cost, fees, and expenses of
abatement, including all administrative costs, shall constitute a lien or a special assessment against that
parcel and shall be collected in accordance with applicable State and City laws.
PASSED, APPROVED AND ADOPTED this 5th day of June, 2024.
Y E
Bill Zimmerman , Mayor
Attest:
-1 0j �
Stephanie Roseen, Acting City Clerk
Approved as to form:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Stephanie Roseen, Acting City Clerk of the City of Menifee, do hereby certify that the
foregoing City Council Resolution No. 24-1434 was duly adopted by the City Council of the City
of Menifee at a meeting thereof held on the 5th Day of June 2024 by the following vote:
Ayes:
Estrada, Karwin, Sobek, Zimmerman
Noes:
None
Absent:
Deines
Abstain:
None
Anie Roseen, Acting City Clerk