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PC15-211RESOLUTION NO. PC 15-211 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING PLOT PLAN NO. 2015-018 FOR SONIC IN THE MENIFEE TOWN CENTER Whereas, on January 28, 2015, the applicant, Fiedler Group, filed a formal application with the City of Menifee for a drive-thru fast-food restaurant (Sonic) located within the Town Center Marketplace (Plot Plan No. 2014-009) that includes the proposed architecture and signage for Sonic located at the southeast corner of Newport Road and Haun Road within the City of Menifee; and Whereas, on May 13, 2015, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Plot Plan No. 2015-018, which hearing was publicly noticed by a publication in a newspaper of general circulation (The Press Enterprise), an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and Whereas, the Planning Commission of the City of Menifee makes the following Findings: 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 of the site is Specific Plan (Town Center Specific Plan). The intent of this land use designation is to recognize areas where an existing specific plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. The proposed project, a commercial shopping center, meets the requirements of the Specific Plan (Town Center Specific Plan) land use designation. The project is consistent with the following City of Menifee General Plan policies: Project Design CD-3.5 Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the streetscene. The project site has been designed to locate the building closer to the surrounding roadways to minimize the appearance of the parking lot. Perimeter landscaping has been included to visually screen the parking lot from surrounding roadways. Building Design CD-3.10 Employ design strategies and building materials that evoke a sense of quality and permanence. The architecture of the project has been designed to include quality features. CD-3.14 Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences. Resolution No PC 15-211 2015-018 PP May 13, 2015 The architecture of the project incorporates varied colors, recesses, columns, accent materials, and other architectural treatments that break up wall areas. Lighting CD-6.5 Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory. The project has been conditioned for all lighting fixtures to comply with Ordinance No. 2009-24, "Dark Sky Ordinance". Signage CD-6.7 Integrate project signage into the architectural design and character of new buildings. The project's proposed sign plan integrates architectural features into the signs that are also found on the building consistent with Sonic's theme. CD-6.8 Discourage the use of flashing, moving, or audible signs. No flashing, moving, or audible signs are proposed or would be allowed on the project. Policies ED-2.2 Require regional retail districts to in addition to retail sales and services to withstand e-commerce's increasing capture should create a pedestrian -friendly hums furniture, shading, and gathering spaces shopping and socializing. provide entertainment and dining create destinations prepared to of retail spending. These districts n-scale atmosphere with street that enhance the experience of Local retail centers (primarily intended to serve Menifee residents) need not necessarily provide dining and entertainment but shall provide street furniture, shading, pedestrian -circulation, and gathering spaces that enhance the experience of shopping. The proposed project is a fast food restaurant use that provides a unique dining experience (parked cars served by servers in roller skates). The project is within the Town Center Specific Plan. The project is consistent with the design guidelines, zoning and development standards of the Specific Plan, with Planning Commission approval of an increase in the amount of signage. The Specific Plan designates the area as Office/Commercial and the area is planned for a mix of office, retail, service, restaurant, and hospitality uses. The amount and type of signs proposed by Sonic (including the blue dot signs, "Drive Thru Open", "Full Menu All Day", "Fresh Every Time", graphic panel, and drive in menu boards) has been stated by the applicant is iconic to their brand. The signage has been carefully considered by Community Development staff as part of the architectural review. The Specific Plan and sign program for the Town Center Marketplace do include allowances for different types of signage for nationally recognized brands. The blue dot signs will include pictures of Menifee Resolution No PC 15-211 2015-018 PP May 13, 2015 to connect with local imagery. The graphic panel could be considered a decorative graphic/work of art rather than specifically as a sign. 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. 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 plan and the impact is considered less than significant. 2. Consistency with the Zoning Code. The project is zoned Specific Plan (Town Center Specific Plan — Planning Area 3). The project is consistent with the zoning and development standards, with Planning Commission determination of Substantial Conformance with the Specific Plan to allow an increased in the amount of signage, Pursuant to Section 7.2.7 of the Specific Plan (Substantial Conformance), a "Substantial conformance allows for the administrative approval and interpretation of minor modifications to the Specific Plan text, graphics, and/or project design that do not change the meaning or intent of the Specific Plan". Section 7.2.7 of the Specific Plan also allows for the Community Development Director to refer requests for Substantial Conformance to the Planning Commission. Projects may be determined to be in Substantial Conformance based on "compliance with design requirements". The amount and type of signs proposed by Sonic (including the blue dot signs, "Drive Thru Open", "Full Menu All Day", "Fresh Every Time", graphic panel, and drive in menu boards) has been stated by the applicant is iconic to their brand. The signage has been carefully considered by Planning staff as part of the architectural review. The Specific Plan and sign program for the Town Center Marketplace do include allowances for different types of signage for nationally recognized brands. The blue dot signs will include pictures of Menifee to connect with local imagery. The graphic panel could be considered a decorative graphic/work of art rather than specifically as a sign. Although the amount of signs proposed by Sonic exceeds the standards of the Specific Plan, the overall design and purpose of the signs is in compliance with the intent of the Specific Plan. Surrounding zoning includes Specific Plan (Town Center Specific Plan) and Specific Plan (Newport Hub Specific Plan) to the north, Specific Plan (Town Center Specific Plan) to the south, Specific Plan (Countryside Specific Plan) to the east, and Specific Plan (Town Center Specific Plan) to the west. These classifications are compatible with the Specific Plan (Town Center Specific Plan) zone of the project site. Resolution No PC 15-211 2015-018 PP May 13, 2015 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. To the north of the Sonic site is vacant land included in the Town Center Marketplace which has been approved and is anticipated to be under construction soon. To the south is vacant land and the Paloma Wash. To the east beyond Haun Road is commercial land uses in the Countryside Marketplace. To the west is vacant land included in the Town Center Marketplace and the Paloma Wash beyond. The project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The project incorporates quality architecture and landscaping which will enhance the area. Environmental impacts resulting from the project were previously analyzed in an Environmental Impact Report (EIR). The project has been designed to be consistent with design level mitigation measures and the developer will be required to comply with all other mitigation measures as the project moves forward with grading and construction. As such, 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. Section 15162 of the California Environmental Quality Act (CEQA) Guidelines states that the City may approve the project with the use of a prior CEQA document if there are no substantial changes generated by the proposed project that might result in new significant impacts, no substantial changes in circumstances have occurred that would result in new significant impacts, and no new information is available which would show that the project will have significant impacts. No Further Environmental Documentation is required because (a) all potentially significant effects of the proposed project have been adequately analyzed in an earlier EIR (SCH2009091022) adopted by the City of Menifee pursuant to applicable legal standards, (b) all potentially significant effects of the proposed project have been avoided or mitigated pursuant to that earlier EIR except those for which a statement of overriding considerations was adopted, (c) the proposed project will not result in any new significant environmental effects not identified in the earlier EIR, (d) the proposed project will not substantially increase the severity of the environmental effects identified in the earlier EIR, (e) no considerably different mitigation measures have been identified, and (f) no mitigation measures found infeasible have become feasible. 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. Plot Plan No. 2015-018 is hereby approved subject to the Conditions of Approval Resolution No PC 15-211 2015-018 PP May 13, 2015 Exhibit "1"to this Resolution. PASSED, APPROVED AND ADOPTED this the 13'h day of May, 2015. Chris Thomas, Chairman Attest: Jsrlrnif&r Allen, Deputy City Clerk Approved as to form: Ajit Th d, Assistant City Attorney Scott A. Mann Mayor John V. Denver Mayor Pro Tem Wallace W. Edgerton Councilmember Greg August Councilmember Matthew Liesemeyer Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofinenifeems 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. PC15-211 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 13t6 day of May, 2015 by the following vote: Ayes: Folsom, Karwin, Sobek, Thomas Noes: Phillips Absent: None Abstain: None �� jr ifevAllen, Deputy City Clerk EXHIBIT 64 1" Conditions of Approval for Plot Plan No. 2015-018 "Sonic at the Town Center Marketplace" 1. Project Description for Plot Plan No. 2015-018 is an application submitted for approval of the exterior elevations and signage for a fast-food restaurant with drive-thru (Sonic). The fast food restaurant pad, including parking and surrounding landscaping, was approved under Plot Plan No. 2014-009 (Town Center Marketplace). The sign plan is included for the proposed wall mounted and freestanding signs for Sonic. A total of eleven (11) wall mounted signs/posters are proposed as follows: • Two (2) 32 square foot wall mounted "Sonic' internally illuminated signs on the east and north sides of the building; • One (1) 29.6 square foot "Sonic" internally illuminated sign on the west side of the building; • Four (4) 22.1 square foot non -illuminated "Sonic Dot Sign/Wall Poster" with two (2) each on the east and west sides of the building; • One (1) 10 square foot "Drive Thru Open" LED sign on the south side (front) of the building; • One (1) 4.5 square foot "Full Menu All Day" LED sign on the south side (front) of the building; • One (1) 4.5 square foot "Fresh Every Time!" LED sign on the south side (front) of the building; and • One (1) 25 square foot graphic panel on the south side (front) of the building. In addition to the wall mounted signs, the sign plan also includes the following nineteen (19) freestanding signs/menu boards: • Two (2) 3 square foot internally illuminated drive thru directional signs with one at the entrance and one at the exit; • One (1) 11.51 square foot non illuminated drive thru clearance bar/sign; • One (1) 23.84 square foot internally illuminated drive thru menu board • One (1) 7.94 square foot drive thru speaker with digital screen; and Fourteen (14) 11.51 square foot internally illuminated double sided drive in menu boards (one for each drive in space) 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either the City's approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of PP 2015-018 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2015-018, dated April 20, 2015. APPROVED EXHIBIT B = Floor Plan and Elevations for Plot Plan No. 2015-018, dated April 20, 2015. APPROVED EXHIBIT M = Colored Renderings and Materials for Plot Plan No. 2015-018, dated April 20, 2015. APPROVED EXHIBIT S = Sign Plan for Plot Plan No. 2015-018, dated April 20, 2015. 4. Substantial Conformance with Original. The Community Development Department has determined this application to be substantially in conformance with the site plan, floor plans, and elevations approved under Plot Plan No. 2014- 009. 5. Comply with Prior Conditions. Development and use of this Plot Plan shall comply with all applicable conditions of Plot Plan No. 2014-009 and of the Town Center Specific Plan. 6. Comply with Ordinances and Codes. The development of these premises shall comply with the standards of Ordinance No. 348 and all other applicable Riverside County or City of Menifee ordinances or guidelines and State and Federal codes. The development of the premises shall conform substantially with that as shown on Exhibit A, B, M, and S unless otherwise amended by these conditions of approval. 7. Menifee Municipal Code Chapter 15.04. All landscaping and irrigation shall be in compliance with the standards and requirements set forth in Menifee Municipal Code Chapter 15.04 for Landscape Water Use Efficiency Requirements. 8. Comply with Building and Safety. Compliance with Department of Building and Safety directives and all required permits shall be obtained prior to establishment or continuation of the use. 9. Comply with Engineering Department. Compliance with Engineering Department directives and all required permits shall be obtained prior to establishment or continuation of the use. 10. Lighting Hooded and Directed. Any outside lighting shall be hooded and directed so as not to shine directly on adjoining property or public right-of-way. 11. Comply with Ordinance 2009-24. All lighting shall comply with any applicable provisions of City of Menifee Ordinance No. 2009-24. 12. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the Landscape/Irrigation Install Inspection Condition of Approval. 13. Expiration Date. This approval shall be used within two years from the date of approval; otherwise it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. Extensions of time may be filed pursuant to Ordinance No. 348, Section 18.30. 14. Sign Category This plot plan is a permit authorizing the following sign category(ies): X Free -Standing T Affixed to Building T Directional _ On -Site Identification _ For Sale, Lease or Rent —Temporary Political _ Subdivision, On -Site _ Subdivision, Off -Site 15. Maintenance All signs shall be maintained by the property owner in a condition acceptable to the Community Development Director throughout the life of the permit. 16. Repair to Signs Damage to or malfunction of the sign shall be repaired within 48 hours. Prior to Building Permit Issuance 17. Elevations. Elevations of all buildings and structures submitted for building plan check approval shall be in substantial conformance with the elevations shown on APPROVED EXHIBIT B and M. 18. Floor Plans. Floor plans shall be in substantial conformance with that shown on APPROVED EXHIBIT B. 19. Landscaping Plan. The developer shall submit three (3) sets of Final Landscaping and Irrigation Plans to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to Ordinance No. 348, Section 18.30.a.(1) (Plot Plans not subject to the California Environmental Quality Act and not subject to review by any governmental agency other than the Community Development Department), along with the current fee. 20. Parking Layout Requirements. Prior to building permit issuance the precise grading plan and/or site plan within the building plans shall be revised to be consistent with the following requirements related to parking lot layout: 1. End parking spaces must be 11 feet wide, specifically, the five spaces on the east side of the building need to be revised. 2. Install a 12' concrete walk out next to a 6" curb, a total of 18" for all planters next to parking spaces. This comment was caught on the landscape review and only applies to the same five parking spaces mentioned above. 21. Fees. Prior to issuance of building permits, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 22. Menifee School District. Impacts to the Menifee School District shall be mitigated in accordance with California State law. 23. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Prior to Issuance of Temporary Occupancy 24. Security Deposit. Prior to issuance of Temporary Occupancy, a security deposit based on the approved cost estimate must be opened and paid to the City of Menifee Community Development Department before landscape inspections can be scheduled. 25. Landscape/Irrigation Install Inspection. The permit holder's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape Installation and with the Community Development Department at least fifteen (15) working days prior to release of full utilities. The Community Development Department will require an initial deposit of $2,000 in order to conduct the pre -landscape inspection, landscape completion inspection, six-month landscape inspection and the one-year post establishment inspection. 26. Soil Management Plan. The developer shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection and/or release of final utility. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, "What is Required in a Soil Management Plan?" Prior to Final Occupancy 27. Install Landscaping. Prior to final occupancy, all required landscape plantings and irrigation systems shall have been installed and be in a condition acceptable to the Community Development Department or the City of Menifee. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and in good working order. 28. Landscape/Irrigation Install Inspection. The permit holder's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Final Landscaping Installation Inspection and with the Community Development Department at least ten (10) working days prior to final occupancy. The final landscaping inspection must be completed prior to final occupancy. The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. 29. Final Planning Inspection. The applicant shall obtain final occupancy sign -off from the Community Development Department for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, parking lot layout, etc. The applicant shall have all required paving, parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition. 30. Elevations The elevation and colors shall conform substantially with that shown on APPROVED EXHIBIT B and M. 31. Roof Mounted Equipment. Prior to final occupancy, Community Development Department staff will verify that all roof -mounted equipment has been screened in compliance with the approved plans. 32. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the applicant/developer. 33. Blue Dot Signs. Images included in the Blue Dot Signs as shown on APPROVED EXHIBIT S shall be pictures of Menifee or lifestyle pictures and shall require approval by the Community Development Director prior to installation. Pictures or inserts into the Blue Dot Signs that include advertisements for specials, products or pricing are prohibited. END OF CONDITIONS