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PC14-162RESOLUTION PC14-162 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 7562, TO CHANGE THE ZONING CLASSIFICATION OF APNs 360-380-002, -005, -006, AND -007 FROM INDUSTRIAL PARK (I- P) TO GENERAL COMMERCIAL (C-1/C-P) Whereas, in November 2006 the applicant, Pac Ten Partners, filed formal application 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, in August 2007, the applicant, Pac Ten Partners, filed a formal application with the County of Riverside for Change of Zone No. 7562 to be processed concurrently with the shopping center Project; 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 the 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 Resolution No. PC 14-162 Change of Zone No. 7562 January 28, 2014 Whereas, on November 29, 2010, the Draft EIR was distributed to the Planning Commission for review; and Whereas, six (6) comments were received during the public review period; and Whereas, on December 28, 2012, 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 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, at the January 28, 2014 Planning Commission public hearing, the Commission found that: Consistency with the General Plan. The change of zone is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The change of zone application requests to change the zoning classification of the site from Industrial Park (I-P) to General Commercial (C-1/C-P). The project site is designated under the City's new General Plan as Economic Development Corridor (EDC). The proposed use is a commercial retail center which includes retail, restaurants, public spaces, and open spaces, which would be consistent with the Economic Development Corridor land use designation. The proposed zoning is consistent with this land use designation and will facilitate the development of the shopping center. 2. Consistency with the Zoning Code. The change of zone is consistent with the zoning code. The proposed zoning is consistent with the project proposal for a shopping center. The existing Industrial Park zoning does not allow for the development of a commercial shopping center. The Industrial Park zone only allows for limited commercial and service uses. 3. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The proposed change to the zoning classification is not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project Resolution No. PC 14-162 Change of Zone No. 7562 January 28, 2014 vicinity. The public's health, safety, and general welfare are protected through project design, including architecture and landscaping. The proposed project is compatible with the present and future logical development of the area. Environmental impacts resulting from the project have been analyzed in an EIR and mitigated to the greatest extent feasible. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Environmental impacts resulting from the project have been analyzed in an EIR and mitigated to the greatest extent feasible. The EIR has been prepared in compliance with the requirements of the California Environmental Quality Act. Now, therefore, the Planning Commission of the City of Menifee resolves and orders as follows: The Findings set out above are true and correct. 2. The Planning Commission forwards a recommendation that the City Council find that the facts presented within the public record and within Planning Commission Resolution No. PC 14-162 provide the basis to approve Change of Zone No. 7562. PASSED, APPROVED AND ADOPTED THIS 28`' DAY OF JANUARY 2014. Approved as to form: &6-4 JOrie Haywar g ity Attorney Scott A. Mann Mayor Wallace W. Edgerton Deputy Mayor John V. Denver Counciimember Thomas Fuhrman Counciimember 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. PC14-162 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 28th day of January, 2014 by the following vote: Ayes: Liesemeyer, Matelko, Phillips, Sobek Noes: None Absent: Thomas Abstain: None ennifer Allen, Planning Commission Secretary