PC13-148Resolution No. PC 13-148
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE RECOMMENDING TO THE MENIFEE CITY COUNCIL
ADOPTION OF ORDINANCE NO. 2013-133 ADOPTING
DEVELOPMENT AGREEMENT NO. 2012-116 AND FINDING IT IS
CONSISTENT WITH THE GENERAL PLAN
Whereas, on August 21, 2012, PacTen Partners applied to the City of Menifee
for the approval of a development agreement for its Commerce Pointe project, (PP
2009-006) which consists of a total of 827,777 square feet of office industrial
development (the "Project') on approximately 50.88 gross acres within the City; and
Whereas, the development agreement provides for expedited road
improvements and dedication of conservation areas in exchange for certain vested
development rights such as defining minor modifications for administrative approval,
subdivision of the properties, and defining subsequent environmental review; and
Whereas, on October 8, 2013, the Planning Commission held a duly noticed
public hearing in order to make a recommendation to the City Council on whether the
development agreement is consistent with the general plan and in compliance with other
applicable laws, 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 300 feet of the project site boundaries; and
Whereas, at the October 8, 2013 Planning Commission public hearing, the
Commission found that:
The proposed development agreement is consistent with the General Plan Land
Use Map and applicable General Plan objectives, policies, and programs;
The property involved in the proposed development agreement is designated
Community Development: Light Industrial (CD: LI). The property is not within a
Specific Plan.
3. The proposed development agreement fulfills the following General Plan Policies:
a. Land Use Policy 8.3 (LU 8.3): "Incorporate open space, community
greenbelt separators, and recreational amenities into Community
Development areas in order to enhance recreational opportunities and
community aesthetics and improve quality of life."
b. Land Use Policy 26.1 (LU 26.1): "Accommodate the continuation of
existing and development of new industrial, manufacturing, research and
development, and professional offices in areas appropriately designated
by General Plan and area plan land use maps."
c. Land Use Policy 26.1 (LU 26.7): "Require that adequate and available
circulation facilities, water resources, and sewer facilities exist to meet the
demands of the proposed land use."
Resolution PC 13-148
Development Agreement 2012-116
d. Circulation 1 A (C 1.4): "Utilize existing infrastructure and utilities to the
maximum extent practicable and provide for the logical, timely, and
economically efficient extension of infrastructure and services."
e. Circulation 3.2 (C 3.2): "Maintain the existing transportation network,
while providing for future expansion and improvement based on travel
demand, and the development of alternative travel modes."
f. Circulation 3.6 (C 3.6): "Require private developers to be primarily
responsible for the improvement of streets and highway service access to
developing commercial, industrial, and residential areas."
g. Circulation 6.6 (C 6.6): "Consider access implications associated with
adjacent development and circulation plans."
h. Multipurpose Open Space Policy 5.5 (OS 5.5) "New development shall
preserve and enhance existing native riparian habitat and prevent
obstruction of natural watercourses."
i. Multipurpose Open Space Policy 6.1 (OS 6.1) "During the development
review process, ensure compliance with the Clean Water Act's Section
404 in terms of wetlands mitigation policies and policies concerning fill
material in jurisdiction wetlands."
j. Multipurpose Open Space Policy 6.3 (OS 6.3) "Consider wetlands for use
as natural water treatment areas that will result in improvement of water
quality."
k. Multipurpose Open Space Policy 9.4 (OS 9.4) "Conserve the oak tree
resources in the County."
I. Multipurpose Open Space Policy 17.1 (OS 17.1) "Enforce the provisions
of applicable MSHCP's, if adopted, when conducting review of
development applications."
m. Multipurpose Open Space Policy 18.1 (OS 18.1) "Preserve multi -species
habitat resources in the Coutny of Riverside through the enforcement of
the provisions of applicable MSHCP's adopted."
n. Sun City Valley Menifee Area Plan 9.2 (SCVMAP 9.2) "Coordinate the
expansion of public facilities and services with transportation system
planning efforts through adherence to the General Plan Circulation
Element."
4. The proposed development agreement is compatible with the uses authorized in
and the regulations prescribed for the zoning district in which the real property is
or will be located.
5. The zoning of the property involved in the proposed development agreement is
Industrial Park (I-P). The zoning designation allows for office and a variety of
light industrial type land uses with approval of a plot plan application. The
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Resolution PC 13-148
Development Agreement 2012-116
purpose of the development agreement is for the developer to expedite
improvements to Zeiders Road and Ciccotti Street and for the City to accept
dedication of a 1.97-acre conservation easement.
6. Surrounding zoning includes Industrial Park (1-P) to the north, Industrial Park (I-
P) and Manufacturing — Service Commercial (M-SC) to the south, City of Murrieta
to the east, and Light Agriculture — 10-acre minimum (A-1-10) to the west. The
proposed development agreement to expedite road improvements and dedicate
open space area is compatible with the surrounding zoning.
7. The proposed development agreement is in conformity with and will promote
public convenience, general welfare and good land use practice.
8. As identified in the previous findings, the development agreement is consistent
with General Plan land use policies to provide infrastructure improvements and
natural resource conservation to the community. The expedited road
improvements will provide a convenience to the surrounding businesses and
residents, especially considering the pending improvements to the 1-215/Scott
Road interchange, promote the general welfare of the community by providing an
asset to the area, and the provision of adequate roadway access to surrounding
properties is good land use practice.
9. The proposed development agreement will not be detrimental to the health,
safety and general welfare within the City.
10. The proposed development agreement will not adversely affect the orderly
development of the property or the preservation of property values.
11. The road improvements and conservation area within this community may
increase property values within the surrounding area.
12. The proposed development agreement will promote and encourage the
development of the proposed project by providing a greater degree of requisite
certainty for the developer.
NOW, THEREFORE, the Planning Commission of the City of Menifee
recommends to the City Council as follows:
1. The Findings set out above are true and correct.
2. The Development Agreement is consistent with the general plan and in
compliance with other applicable laws.
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Resolution PC 13-148
Development Agreement 2012-116
PASSED, APPROVED AND ADOPTED this 81h day of October, 2013.
Attest:
Jenny er A en, Planning Commission Secretary
Approved as to form:
mile WMAN&M-WIVAPS
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.cityofinenifee.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. PC13-148 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
8`h day of October, 2013 by the following vote:
Ayes:
Liesemeyer, Matelko, Phillips, Sobek, Thomas
Noes:
None
Absent:
None
Abstain:
None
ennifer Allen, Planning Commission Secretary