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