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PC14-163Resolution PC14-163 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING APPROVAL OF PLOT PLAN NO. 2010-022 FOR A 526,800 SQUARE FOOT SHOPPING CENTER ON THE NORTHWEST CORNER OF HAUN AND SCOTT ROADS 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. 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 Whereas, six (6) comments were received during the public review period; and Resolution No. PC14-163 Plot Plan for the Junction January 28, 2014 Whereas, on January 17, 2014, the Final EIR was completed 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 made available on the City's website; and Whereas, on January 28, 2014, the Planning Commission held a duly noticed public hearing on the Draft 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 plot plan is consistent with the General Plan Land Use Map, Specific Plan and applicable General Plan objectives, policies, and programs. The General Plan land use designation for this site is Economic Development Corridor (EDC). The intent of the designation is to designate areas where a mixture of residential, commercial, office, industrial, entertainment, educational and/or recreational uses, or other uses is planned. In general, areas designated as EDC are envisioned to develop primarily as nonresidential uses with residential uses playing a supporting role. The proposed use, commercial retail center which includes retail, restaurants, public spaces and open spaces, is consistent with the land use designation: a. The project provides a mix of commercial and retail opportunities, which could include large retailers (such as a membership warehouse store or home improvement store), entertainment (such as theaters or bowling alleys), restaurants, bookstores, specialty stores, grocery stores, copy centers, printers, telecommunication centers, professional offices, day care centers, and regional -serving commercial uses such as gas stations, lodging facilities, banks, recreational and other ancillary services. b. The shopping center has been designed to include public places for people to gather. c. Historical features will be preserved and enhanced to serve as an attraction to the shopping center and community. d. A riparian area shall be preserved and enhanced as open space within the site. e. The project provides high quality architecture and landscaping which creates a sense of place. Resolution No. PC14-163 Plot Plan for the Junction January 28, 2014 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 Draft 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 plot plan is consistent with the General Plan Land Use Map, Specific Plan and applicable General Plan objectives, policies, and programs. The General Plan land use designation for this site is Economic Development Corridor (EDC). The intent of the designation is to designate areas where a mixture of residential, commercial, office, industrial, entertainment, educational and/or recreational uses, or other uses is planned. In general, areas designated as EDC are envisioned to develop primarily as nonresidential uses with residential uses playing a supporting role. The proposed use, commercial retail center which includes retail, restaurants, public spaces and open spaces, is consistent with the land use designation: a. The project provides a mix of commercial and retail opportunities, which could include large retailers (such as a membership warehouse store or home improvement store), entertainment (such as theaters or bowling alleys), restaurants, bookstores, specialty stores, grocery stores, copy centers, printers, telecommunication centers, professional offices, day care centers, and regional -serving commercial uses such as gas stations, lodging facilities, banks, recreational and other ancillary services. b. The shopping center has been designed to include public places for people to gather. c. Historical features will be preserved and enhanced to serve as an attraction to the shopping center and community. d. A riparian area shall be preserved and enhanced as open space within the site. e. The project provides high quality architecture and landscaping which creates a sense of place. Resolution No. PC 14-163 Plot Plan for the Junction January 28, 2014 f. The location of the property serves as a buffer between future business park and light industrial uses to the north, south and east and residential uses to the west. At the proposed location, the project would be able to sere existing and proposed surrounding residential projects, as well as future business park and light industrial uses (employers and employees). The project is surrounded to the north, south and west by other properties designated for EDC. The project is consistent with the EDC land use designation because it will be providing a mix of commercial uses. The project enhances the area and will provide road improvements, making the project vicinity a more attractive location for new uses. Therefore, the project is consistent with the General Plan land use. The City of Menifee has two (2) active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for a commercial project consistent with Riverside County Ordinance No. 810.2 as adopted by the City of Menifee. The project approval includes mitigation measures to mitigate impacts to Riparian/Riverine Habitat. The project, including the Environmental Impact Report, has been reviewed by the Riverside County Environmental Programs Department (EPD) for consistency with the MSHCP. EPD found the project consistent with the MSHCP. Therefore, the project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional or State conservation plans and the impact is considered less than significant. 2. Consistency with the Zoning Code The proposed zoning for the subject site is General Commercial (C-1/C-P). The proposed use, commercial retail center, is a permitted use, in the General Commercial (C-1/C-P) zone. The proposed shopping center is consistent with the development standards set forth in the General Commercial (C-1/C-P) zone. The approval of the signage program would be consistent with the zoning code, with approval of the variance application request. The project site is surrounded by properties which are zoned Industrial Park to the north and south, Rural Residential — One Acre Minimum (R-R-1) to the south, Scenic Highway Commercial (C-P-S) to the east and Residential Agricultural — One Acre Minimum (R-A-1) to the west. The project is compatible with the surrounding zoning classifications with incorporation of landscape buffers and project design. Resolution No. PC14-163 Plot Plan for the Junction January 28, 2014 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 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 site and immediate surrounding area. The plan considers the location and need for dedication and improvement of necessary infrastructure, streets and sidewalks, including the avoidance of traffic congestion and takes into account topographical and drainage conditions, including the need for dedication and improvements of necessary structures as a part thereof. Environmental impacts resulting from the project have been analyzed in an Environmental Impact Report (EIR) and mitigated to the greatest extent feasible. Therefore, the project 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 vicinity. 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. If the Commission and Council certify the EIR, then the project shall comply with the requirements of CEQA. Now, therefore, the Planning Commission of the City of Menifee resolves and orders as follows: 1. 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 14-163 provide the basis to approved Plot Plan No. 2010-022. Resolution No. PC14-163 Plot Plan for the Junction January 28, 2014 PASSED, APPROVED AND ADOPTI HIS bAY OF JANUARY, 2014. Matthew Liesemeyer Vhair ATTEST: G �- Jgeif6r Allen, Planning Commission Secretary Approved as to form: t Juli ayward BAgs,k'Vy Attorney 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. PC14-163 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 281h day of January, 2014 by the following vote: Ayes: Liesemeyer, Matelko, Phillips, Sobek Noes: None Absent: Thomas Abstain: None ,e_� ennifer Allen, Planning Commission Secretary