PC14-161Resolution PC14-161
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA RECOMMENDING CERTIFICATION OF THE
ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE
#2007041062) AND ADOPTION OF A STATEMENT OF OVERRIDING
CONSIDERATIONS OF ENVIRONMENTAL IMPACT FOR THE
JUNCTION SHOPPING CENTER (CHANGE OF ZONE NO. 7562, PLOT
PLAN NO. 2010-022, AND VARIANCE NO. 1844)
Whereas, in November 2006 the applicant, Pac Ten Partners, filed formal
applications with the County of Riverside (the local government authority for the project
area at that time) for Plot Plan No. 22279 (City Case #2010-022) (the "Project") for a
600,000 square foot shopping center; and
Whereas, on April 17, 2007, the County of Riverside publicly noticed its decision
to prepare an environmental impact report (EIR) for the Project by noticing the State
Clearinghouse, related agencies, and other government agencies; and
Whereas, on May 29, 2007, the County of Riverside Planning Director held a
duly noticed public scoping meeting regarding the preparation of the EIR to discuss and
hear from the public on the potential environmental impacts, which meeting was publicly
noticed by a publication in a newspaper of general circulation, an agenda posting, notice
to surrounding property owners within a 600-foot radius from the Project site boundaries,
at least ten (10) days prior to the public meeting; and
Whereas, between September 24, 2008 and November 10, 2008, the State -
mandated forty-five (45)-day public review period for the Draft EIR took effect, which was
publicly noticed by a publication in a newspaper of general circulation, notice to owners
within 600 feet of the Project site boundaries, related agencies and government
agencies, copies of the Draft EIR sent to the State Clearinghouse, a copy placed at the
City Hall public counter and a copy placed at the Paloma Valley library; and
Whereas, on October 1, 2008, the City of Menifee incorporated and then
became the local government authority for the project area; and
Whereas, several comment. letters were submitted on the Draft EIR to the City
and based on the City's review of the comments on the Draft EIR, the City determined
that revisions were necessary to the Draft EIR. The Draft EIR was revised and re-
circulated for public review from November 29, 2010 to January 12, 2011. Pursuant to
Section 15088.5(f)(1) of the CEQA Guidelines, reviewers of the Re -circulated Draft EIR
were advised that all reviewers must submit new comments on the Re -circulated Draft
EIR, and all previously received comments will be included in the administrative record,
but will not require a written response and will not be included in the Final EIR; and
Whereas, between November 29, 2010 and January 12, 2011, the State -
mandated forty-five (45)-day public review period for the Re -Circulated Draft EIR took
effect, which was publicly noticed by a publication in a newspaper of general circulation,
notice to owners within 600 feet of the Project site boundaries, related agencies and
government agencies, copies of the Draft EIR sent to the State Clearinghouse, a copy
placed at the City Hall public counter and a copy placed at the Paloma Valley library;
and
Whereas, on November 29, 2010, the Draft EIR was distributed to the Planning
Commission for review: and
Resolution No. PC14-161
EIR for The Junction
January 28, 2014
Whereas, six (6) comments were received during the public review period; and
Whereas, the Final EIR was prepared for the project in accordance with Sections
21000 through 21177 of the California Public Resources Code (California Environmental
Quality Act (CEQA)) and Sections 15000 through 15387 of the California Code of
Regulations (CEQA Guidelines); and
Whereas, the Final EIR identified and discussed air quality, noise and traffic
impacts, which may occur as a result of the Project, and which require mitigation, but
cannot be mitigated to a level of less than significant and are thereby significant and
unavoidable and a Statement of Overriding Consideration of Environmental Impact is
required to be adopted prior to approval by the Planning Commission, which impacts are as
follows:
(a) Air Quality:
Air quality impacts during operation of the proposed project would result
primarily from motor vehicles entering and leaving the project site. The only
other feasible measure to reduce traffic -related air quality impacts would be
to reduce the size of the development, which would not be consistent with the
project objectives. These air quality impacts during operation of the proposed
project would be significant and unavoidable.
(b) Noise:
When added to existing and future noise levels, project -level and cumulative
operational traffic -related noise impacts would be significant and unavoidable.
Mitigations measures have been identified to reduce the project traffic to the
extent feasible. The only other feasible measure to reduce traffic -related
noise would be to reduce the size of the development, which would not be
consistent with the project objectives. Because there are no additional
feasible mitigation measures to further reduce cumulative traffic, project -level
and cumulative operational traffic -related noise impacts would remain
significant and unavoidable.
(c) Traffic/Transportation
Impacts associated with project -generated traffic would remain significant and
unavoidable at two intersections even with the implementation of all feasible
mitigation due to the uncertainty over timing for completion of regional 1-215
interchange upgrades at Scott Road. Impacts associated with project -
generated traffic plus cumulative growth and related project traffic would
remain significant and unavoidable due to the uncertainty over timetables
from implementing regionally -funded intersection improvements to which the
project applicant would be required to pay fair -share costs toward design and
installation.
Whereas, on January 14, 2014, the Final EIR was completed and distributed to
the Planning Commission for review and distributed to those agencies and persons that
submitted written comments on the Draft EIR, and copies of the Final EIR were placed at
Resolution No. PC14-161
EIR for The Junction
January 28, 2014
the City Hall public counter and at the Paloma Valley library; and
Whereas, on January 28, 2014, the Planning Commission held a duly noticed
public hearing on the EIR and the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the Statement of
Overriding Consideration of Environmental Impact and the Environmental Impact Report
(EIR) (State Clearinghouse #2007041062), Change of Zone No. 7562, Plot Plan No.
2010-022 and Variance No. 1844, which hearing was publicly noticed by a publication in
a newspaper of general circulation, an agenda posting, and notice to property owners
within 1,000 feet of the Project boundaries, and to persons requesting public notice; and
Whereas, the City has complied with CEQA and the EIR is an accurate and
objective statement that fully complies with CEQA, the CEQA Guidelines and represents
the independent judgment of the City; and
Whereas, no evidence of new significant impacts, as defined by CEQA
Guidelines Section 15088.5, have been received by the City after circulation of the Draft
EIR which would require re -circulation.
Now, therefore, the Planning Commission of the City of Menifee resolves and
orders as follows:
The Planning Commission confirms the findings set out above and hereby forwards a
recommendation that the City Council certify the Final Environmental Impact Report
for the project including but not limited to the Mitigation and Monitoring Plan, as
contained in the record of the January 28, 2014 Planning Commission public
hearing, and that the Final Environmental Impact Report was presented to the
Planning Commission and that the Planning Commission reviewed and considered
the information in it prior to making a decision on the project.
2. Further, the Planning Commission has
environmental impacts which may occur as a
mitigation, but which cannot be mitigated to
thereby significant and unavoidable:
(a) Air Quality:
identified the following significant
result of the Project and which require
a level of less than significant and are
Air quality impacts during operation of the proposed project would result
primarily from motor vehicles entering and leaving the project site. The only
other feasible measure to reduce traffic -related air quality impacts would be
to reduce the size of the development, which would not be consistent with the
project objectives. These air quality impacts during operation of the proposed
project would be significant and unavoidable.
(b) Noise:
When added to existing and future noise levels, project -level and cumulative
operational traffic -related noise impacts would be significant and unavoidable.
Mitigations measures have been identified to reduce the project traffic to the
extent feasible. The only other feasible measure to reduce traffic -related
noise would be to reduce the size of the development, which would not be
Resolution No. PC14-161
EIR for The Junction
January 28, 2014
consistent with the project objectives. Because there are no additional
feasible mitigation measures to further reduce cumulative traffic, project -level
and cumulative operational traffic -related noise impacts would remain
significant and unavoidable.
(c) Traffic/Transportation
Impacts associated with project -generated traffic would remain significant and
unavoidable at two intersections even with the implementation of all feasible
mitigation due to the uncertainty over timing for completion of regional 1-215
interchange upgrades at Scott Road. Impacts associated with project -
generated traffic plus cumulative growth and related project traffic would
remain significant and unavoidable due to the uncertainty over timetables
from implementing regionally -funded intersection improvements to which the
project applicant would be required to apy fair -share costs toward design and
installation.
3. For the impacts identified in Section 2, above, the Planning Commission hereby
forwards a recommendation that the City Council adopts the following findings and
Statement of Overriding Considerations applicable to all impacts:
(a) Pursuant to CEQA Guidelines Section 15093, the City has balanced the
benefits of the Project against any unavoidable environmental impacts in
determining whether to approve the Project. If the benefits of the Project
outweigh the unavoidable adverse environmental impacts, those impacts may
be considered "acceptable"; and,
(b) The City has made a reasonable and good faith effort to eliminate or
substantially mitigate the potential impacts resulting from the Project; and.
(c) To the extent any Mitigation Measure recommended in the EIR or Project
conditions of approval could not be incorporated, such Mitigation Measure is
infeasible because it will impose restrictions on the Project that will prohibit the
realization of specific economic, social and other benefits that the City finds
outweigh the unmitigated impacts; and,
(d) Except for the Project, all other alternatives set forth in the EIR are infeasible
because they will prohibit the realization of Project objectives and specific
economic, social and other benefits that the City finds outweigh any
environmental benefits of the alternatives; and,
(e) Having reduced the adverse significant environmental effects of the Project to
the extent feasible by adopting the proposed Mitigation Measures, having
considered the entire administrative record on the Project, and having weighed
the benefits of the Project against its unavoidable adverse environmental
impacts after mitigation, the City has determined that each of the following
social, economic and environmental benefits of the Project outweigh the
potential unavoidable adverse impacts and render those potential adverse
environmental impacts acceptable based upon the following overriding
considerations:
Resolution No. PC14-161
EIR for The Junction
January 28, 2014
The Project is a high quality land use transition from a fallow agricultural field to
a commercial center consistent with the property's Scenic Highway Commercial
(C-P-S) zoning and Commercial land use designation.
(i) The Project is a high quality land use transition from a fallow agricultural
field to a commercial retail center consistent with the property's
Community Center Overlay/Community Center Land Use Designation
and the proposed General Commercial (C-1/C-P) zoning.
(ii) The Project is consistent with the Economic Development Corridor Land
Use Designation proposed on the City of Menifee Draft Land Use Plan.
(iii) The Project represents the continuation of a logical development pattern
occurring, or that will occur, in the surrounding area.
(iv) The Project provides for transportation improvements, including the
improvement of segments of Haun Road, Scott Road and Howard Way
which will provide a benefit to the local transportation system.
(v) The Project provides backbone public infrastructure (i.e., roads and
utilities) to service the site.
(vi) The site will provide a high quality commercial development that will
enhance the surrounding community and provide opportunities to meet
the demands of local and regional area businesses and the community.
(vii) The Project will help the City create an improved balance between
employment and housing by providing job opportunities to existing
residents that currently commute outside of the local area to work.
(viii) The Project will create a positive net fiscal revenue to the City through an
increased tax base.
(f) The foregoing benefits provided to the public through approval and
implementation of the Project outweigh the identified significant adverse
environmental impacts of the Project, which cannot be mitigated; and
(g) Each of the Project benefits separately and individually outweighs the
unavoidable adverse environmental impacts identified in the EIR and therefore
finds those impacts to be acceptable.
(h) Economic, social and other considerations and benefits derived from the
development of the Project override and make infeasible any alternatives to the
Project or further Mitigation Measures beyond those incorporated into the
Project.
Resolution No. PC14-161
EIR for The Junction
January 28, 2014
PASSED, APPROVED AND ADOPTED THIS 28`h DAY OF JANUARY 2014.
ATTEST:
nnifer Allen, Planning Commission Secretary
Approved as to form:
Scott A. Mann
Mayor
Wallace W. Edgerton
Deputy Mayor
John V. Denver
Counciimember
Thomas Fuhrman
Councilmember
Greg August
Counciimember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.6793843
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. PC14-161 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
28`h day of January, 2014 by the following vote:
Ayes: Liesemeyer, Matelko, Phillips, Sobek
Noes: None
Absent: Thomas
Abstain: None
Jee6ifer Allen, Planning Commission Secretary