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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