PC19-457RESOLUTION NO. PC 19.457
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE RECOMMENDING THAT THE CITY COUNCIL DENY
CHANGE OF ZONE PNL-19.0013C2 TO CHANGE THE ZONING OF58.51 GROSS ACRES FROM ECONOMIC DEVELOPMENT
CORRIDOR - SOUTHERN GATEWAY TO MILL CREEK PROMENADE
SPECIFIC PLAN
Whereas, on November 7, 2016, the applicant, Sherman & Garbani, LLC and
Sherman and Haun, LP, filed a formal application with the City of Menifee for the
approval of Specific PIan No. 2016-246 ("Project") to establish a Specific Plan to be
implemented by Change of Zone PLN-19-0013C2 changing the zoning of the site from
Economic Development Corridor Southern Gateway (EDC-SG) to lMill Creek
Promenade Specific Plan (SP) on the property identified as APNs 360-350-006, 360-
350-01 1 , and 360-350-017; and
Whereas, on August 14, 2019, the Planning Commission held a duly noticed
public hearing on Change of Zone PLN-19-0013CZ-, considered all public testimony as
well as all materials in the staff report and accompanying documents, which hearing was
publicly noticed by a publication in the Press Enterprise, a newspaper of general
circulation, an agenda posting, and notice to property owners within 300 feet of the
project boundaries as well as both single family neighborhoods north of the project, and
to persons requesting public notice and continued the projectto September 11,2019 in
order for staff to provide findings to deny the Change of Zone; and
Whereas, or September 11, 2019, the Planning Commission held the
continued public hearing on Change of Zone PLN-19-0013CZ, which was not required to
be re-noticed because it was continued to a date certain; and
NOW, THEREFORE, the Planning Commission of the City of lt/enifee resolves
as follows:
Section 1:Consisfency with the General Plan and any applicable Specific Plan. The
Change of Zone is rnconsrsfent with the General Plan.
lneonsistencv with the
The General Plan land use designation for the project site is Economic
Development Corridor - Southern Gateway (EDC-SG). ln general, areas
designated EDC are envisioned to develop primarily as nonresidential uses,
with residential uses playing a supporting role. The Change of Zone would
allow for a mixed use project that would develop more than sixty percent of
the 58.51 acre site with townhouse or single family residential
neighborhoods. As such the project is primarily residential with non-
residential uses playing a supporting role. Therefore the project is
inconsistent with the General Plan.
The primarily residential project is located adjacent to EDC-SG designated
property to the south and east and would not be compatible with the intent
of the EDC-SG which envisioned the Southern Gateway to be developed
primarily with Business Park uses.
Planninq and Land Use Government Code Section 65589.5.
Page 2 of 5
Change of Zone PLN-19-001 3CZ
September 11,2019
Section 65589.5 of the Planning and Land Use Government Code statesthat when a proposed housing development project complies with
applicable, objective general plan, zoning, and subdivision standards and
criteria, including design review standards, the City is required to make
specific findings under this section of the Code. lt has been determined
that the project does not comply with the General Plan and therefore
Section 65589.5 is not applicable to the project. However, it should be
noted that the project would generate adverse significant and unavoidable
impacts specifically, under the environmental categories of Air Quality,
Greenhouse Gases, Transportationffraffic and Noise upon the public
health and safety unless disapproved. These direct impacts generated by
the project are based on objective standards including the South Coast Air
Quality Management Plan and City's General Plan and are discussed in the
Environmental lmpact Report prepared for the project.
Consistencv with Housinq Element.
The Project site is not identified in the City's Housing Element as a Housing
Opportunity Site for residential. The Housing Element did not assume the
site would contribute any dwelling units needed to meet the City's Regional
Housing Needs Assessment (RHNA). Therefore denial of the Project
would, not conflict with any density range or housing opportunity anticipated
in the Housing Element.
Section 2: Consrsfency with the Zoning Code. The Change of Zone is consistent with
fhe Specific Plan zoning and surrounding zoning.
The Change of Zone will change the zoning of the 58.51 acre site from
EDC-SG to tvlill Creek Promenade Specific Plan. The project site is
currently zoned EDC-SG and the proposed Change of Zone is not
consistent with the intent and vision of the General Plan land use
designation of Economic Development Corridor- Southern Gateway. The
provisions of the EDC-SG District zoning allow for areas designated EDC to
develop primarily as nonresidential uses, with residential uses playing a
supporting role as provided for in the General PIan. ln contrast, the
proposed Mill Creek Promenade Specific Plan does not implement the
intent and vision of the EDC-SG as its provisions would result in the
development of sixty percent of the project site with primarily residential
uses. As such the Change of Zone would establish an unacceptable
alternative to the EDC-SG Zoning Ordinance and the project is not
consistent with the zoning.
Section 3: Surrounding Uses. Approval of the Change of Zone will 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 project is located at the southwest corner of Garbani Road and Haun
Road and is surrounded by single-family residences to the north, industrial
uses or vacant land to the south and east, and vacant land to the west.
Page 3 of 5
Change of Zone PLN-19-001 3CZ
September 11, 2019
Section 4:
Environmental impacts resulting from the implementation of the Specific
Plan have been analyzed in an Environmental lmpact Report (ElR). The
EIR determined that the project would generate significant and unavoidable
impacts under the categories of Air Quality, Greenhouse Gases,
Transportation/Traffic, and Noise which are materially detrimental to the
public health, safety and general welfare and injurious to and incompatible
with other properties and land uses in the project vicinity including
residential neighborhoods north of the project site. The Planning
Commission found that the project benefits did not outweigh the significant
and unavoidable impacts of the proposed project; and therefore, the
adverse environmental effects are not considered acceptable. Therefore,
the project will create conditions materially detrimental to the public health,
safety and general welfare and injurious to or incompatible with other
properties and land uses in the project vicinity.
Compliance with CEQA. Processing and denial of the Change of Zone are
in compliance with the requirements of the California Environmental Quality
Act.
An Environmental lmpact Report (ElR) has been completed for the project
which determined that the project would generate significant and
unavoidable impacts under the categories of Air Quality, Greenhouse
Gases, Transportation/Traffic, and Noise. lvlore specifically, the project
would have the following impacts:
Air Quality
The p@ect would result in significant and unavoidable impacts relating to
operational NOx emissions during operations that would exceed applicable
South Coast Air Quality Management District regional thresholds of
significance during operations even after implementation of mitigation
measures and no feasible measures have been identified to reduced to
levels that are less than significant. Further, the NOx exceedances would
also cause significant and unavoidable impacts because the project would
not be consistent with the Air Quality Management Plan, which would result
in a cumulatively unavoidable significant adverse impact.
Greenhouse Gases
The proposed Project will contribute to global climate change by its
incremental contribution of greenhouse gasses. Even with implementation
of the recommended mitigation measures identified in Section 4.4.7 of the
Air Quality Section, the project exceeds both the SCAQMD screening
threshold of 3,000 tt/TCO2e (Project = 11,385.63 MTCO2e) and the
interpolated SCAQIvID 2022 Target Service Population threshold of 4.56
MTCO2e/SP/year (Project = 7.7 MTCO2e/SP/year) for projects. Thus,
exceedances of applicable SCAQMD regional thresholds are considered
significant and unavoidable, and the operation of the proposed project
would create a significant cumulative impact to global climate change.
Project-related GHG emissions are therefore considered to be significant
and would result in an unavoidable significant adverse impact on global
climate change.
Page 4 of 5
Change of Zone PLN-19-0013C2
September 11, 2019
Noise
The existing noise setting of the proposed project site will be permanently
altered as a result of implementation of the proposed Project. Offsite traffic
activities are forecast to make a cumulative contribution to significant noise
along four affected roadways:
. Tupelo Street - Bradley to Sherman Road. Garbani Road - Sherman to Haun Road. Bradley Road - south of Craig Avenue. Sherman Road - Tupelo Street to Garbani Road
tMitigation is available consisting of installing noise barriers or interior noise
reducing modifications to existing homes however this mitigation cannot be
enforced. As such, the Project will contribute significant and unavoidable
offsite cumulative noise impacts and as such will cause an unavoidable
adverse noise impacts in the project area.
T ra n s po rtati o n/T raffi c
Implementing the proposed Project will generate a substantial number of
new trips that are forecast to require modifications to the area and local
circulation systems. With implementation of the proposed circulation system
improvements the project will not cause a significant adverse impact to the
circulation system. With implementation of the identified offsite roadway
improvements, the long-term, project specific and cumulative circulation
system impacts will not be significant if these improvements are completed
prior to when the traffic is actually generated. However, given the uncertain
nature of the timing of all improvements, an unavoidable significant adverse
transportation impact will result from implementation of the proposed
Project.
ln order to allow for the approval of the project, a Statement of Overriding
Considerations was prepared for the EIR listing possible benefits provided
by the project; however, the Planning Commission has considered these
benefits against the significant and unavoidable impacts generated by the
project and has determined that the benefits listed in the Statement of
Overriding Considerations do not outweigh the potentia! significant
unavoidable adverse environmental impacts. As such, the Planning
Commission recommends that the City Council deny certification of the EIR
pursuant to a separate Resolution.
NOW THEREFORE, the Planning Commission of the City of Menifee hereby
recommends to the City Council the following:
2
1 That the City Council determine that the "Findings" set out above are true
and correct.
That the City Council finds that the facts presented within the public
record and within the Planning Commission Resolution provide the basis
to deny Change of Zone PLN-19-0013C2, and that the Council deny said
Change of Zone.
Page 5 of 5
Change of Zone PLN-19-001 3CZ
September 11,2019
PASSED, APPROVED AND ADOPTED THIS 11TH DAY OF SEPTEMBER 2019,
Attest:
, Deputy City Clerk
Approved as to form:
Aj City Attorney
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
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)ss
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l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certifythat the
foregoing Planning Commission Resolution No. PC19-457 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 11 of September 2019 by
the following vote:
Ayes: Phillips, Thomas, Kanruin
Noes: Diederich, MadridAbsent: NoneAbstain: None
ie Roseen, CMC
Deputy City Clerk
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Change of Zone
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