PC19-461RESOLUTION NO. PC 19-461
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR "HARVEST GLEN MARKETPLACE" LOCATED
ON THE NORTHWEST CORNER OF HGHWAY 74 AND BRIGGS
ROAD lN THE CITY OF MENIFEE, CALIFORNIA (APNS: 327-320-016
AND 019)
Whereas, on August 2, 2017 the applicant, Dan Long of Rancon Group on the
behalf of Briggs Highway 74, L.P., filed a formal application with the City of Menifee for
Plot Plan No. 2017-225 for the construction of a new 18,501 square foot (in total)
commercial center on 5.04 acres, located within Parcels 1, 2 and 3 of proposed
Tentative Parcel Map 37380 (TPM 2017-227) and consisting of a 4,967 sq. ft.
convenience store and attached 1j02 sq. ft. quick serve restaurant, eight (8) fuel pumps
under a 6,164 sq. ft. canopy, a 3,000 sq.ft.drive through carwash with outdoor vacuum
stalls (CUP 2017-226), and a 3,268 sq. ft. fast food restaurant with drive through (the
"Project"); and
Whereas, pursuant to the requirements of the California Environmental Quality
Act (CEQA), an lnitial Study/Mitigated Negative Declaration ("IS/MND') was prepared to
analyze and mitigate the Project's potentially significant environmental impacts; and
Whereas, between August 7, 2019 and September 6, 2019 the public review
period for the Draft lS/MND took effect, which was publicly noticed by a publication in a
newspaper of genera! circulation, notice to owners and occupants within 1,200 feet of
the Project site boundaries, notice to related agencies and government agencies, and
persons requesting public notice; and
Whereas, during the public review period, comments on the Draft IS/NIND were
received from a resident and South Coast Air Quality Management District, to which
responses were provided, which did not constitute a "substantial revision" or require
recirculation of the Draft IS/MND, pursuant to Section 15073.5 of the CEQA Guidelines;
and
Whereas, on September 11, 2019, 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 the Project, which
hearing was publicly noticed by a publication in the Press Enterpris€, ? newspaper of
general circulation, an agenda posting, and notice to property owners within 1,200 feet
of the project boundaries, and to persons requesting public notice; and
Whereas, the City has complied with CEQA and the IS/MND is an accurate and
objective statement that fully complies with CEQA, the CEQA Guidelines and represents
the independent judgment of the City; and
Whereas, no evidence of new significant impacts, as defined by CEQA
Guidelines Section 15088.5, have been received by the City after circulation of the draft
IS/MND which would require re-circulation.
NOW, THEREFORE, BE lT RESOLVED that the Planning Commission
of the City of Menifee makes the following Findings:
Section 1. With
finds:
regard to the Mitigated Negative Declaration, the Planning Commission
Harvest Glen lS/MND
Page 2 of 2
1. On the basis of the evidence presented and the whole record before it, including
the IS/MND, and any comments received, that there is no substantial evidence
that the Project, as mitigated, wil! have a significant effect on the environment
2. The Mitigation Monltoring Plan ('MMP'), a copy of which is attached hereto as
Exhibit "l" and incorporated herein by reference, will assure compliance with the
mitigation measures required by the IS/MND during project implementation and
would avoid or mitigate the potential effects of the Project to a point where clearly
no significant effect on the environment would occur.
3. The adoption of the lS/MND reflects the Planning Commission's independent
judgment and analysis.
4. The MND, all documents referenced in the IS/MND, and the record of
proceedings on which the Planning Commission's decision is based are located
at City of Menifee City Hall at 29844 Haun Road, Menifee, CA 92586 and the
custodian of record of proceedings is the City of Menifee City Clerk.
Section 2. The City of Menifee Planning Commission hereby adopts the Mitigated
Negative Declaration for the Project, subject to the MMP which is attached hereto as
Exhibit "l" and incorporated herein.
PASSED, APPROVED AND ADOPTED this the 11th day of September 2019
Rob rwtn,Chairman
Attest:
nie Roseen, Deputy City Clerk
Approved as to form:
Ajit Thi Assista City Attorney
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF MENIFEE
l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certifythat the
foregoing Planning Commission Resolution No. PC19-461 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:
)
)ss
)
Ayes:
Noes:
Absent:
Abstain:
Diederich, Phillips, Thomas, Madrid, Kanrvin
None
None
None
ie Roseen, CMC
Deputy City Clerk
'flnerutrEEi] ,:ffi.i
O6.
EXHIBIT "1"
"Marketplace - Harvest Glen" Planning Application Numberc - Plot Plan (PPl2017-225; Conditional Use Permit
(CUPI 2017-226; and Tentative Parcel Map (TPM) No.2017-227 - Mitigation Monitoring Reporting Plan
lmpact
Category Mitigation Measure lmplementation
Timing
Responsible
for
lmplementing
Mitigation
Responsible
for
Monitoring
lmplementation
Method of
Reporting/
Monitoring
Biological
Resources
MM-B!O-1: Pursuant to Objective 6 and Objective 7 of
the Species Account for the Burrowing Owl included in the
Western Riverside County Multiple Species Habitat
Conservation Plan, within 30 days prior to the issuance of a
grading permit, a pre-construction presence/absence survey
for the burrowing owl shall be conducted by a qualified
biologist and the results of this presence/absence survey
shall be provided in writing to the Community Development
Department. lf it is determined that the project site is
occupied by the Burrowing Owl, take of "active" nests shall
be avoided pursuant to the MSHCP and the Migratory Bird
Treaty Act. However, when the Burrowing Owl is present,
relocation outside of the nesting season (March 1 through
August 31) by a qualified biologist shall be required. The
County Biologist sha!! be consulted to determine appropriate
type of relocation (active or passive) and translocation sites.
Occupation of this species on the project site may result in
the need to revise grading plans so that take of "active"
nests is avoided or alternatively, a grading permit may be
issued once the species has been actively relocated.
lf the grading permit is not obtained within 30 days of the
survey a new survey shall be required.
No ground disturbance, including disking, blading, grubbing
or any similar activity shall occur within the site until the
burrowing owl study is reviewed and approved.
For any ground disturbance activities during the general bird
nesting season (February 1-September 15), a survey for
nesting birds shall be conducted by a qualified biologist prior
to any such activities during the general bird nesting season
and the results of the survey shall be provided in writing to
the Environmental Programs Department.
30 days prior to
grading permit
issuance
ApplicanU
Developer
Community
Development
Department and
Engineering
and Public
Works
Department
Provide
survey for
review and
approval
Page 1 of 6
lmpact
Category Mitigation Measure !mplementation
Timing
Responsible
for
lmplementing
Mitigation
Responsible
for
Monitoring
lmplementation
Method of
Reporting/
Monitoring
Biological
Resources
MM-B!O-2: !f grading is to occur during the nesting
season (February 15 - August 31), a nesting bird survey
shall be conducted within ten (10) days prior to grading
permit issuance. This survey shall be conducted by a
qualified biologist holding a Memorandum of Understanding
(MOU) with Riverside County. The findings shall be
submitted to the City of Menifee Community Development
Department for review and approval.
10 days prior to
grading permit
issuance
ApplicanU
Developer
Community
Development
Department and
Engineering
and Public
Works
Department
Provide
survey for
review and
approval
Transportation
MM-TR-1 lntersection 1 - Menifee Road / SR-74.
Prior to the issuance of certificate of occupancy, the Project
applicant shall make a fair share contribution to implement
the following:a. Widen the northbound Menifee Road approach from
one shared through/left-turn lane and one right-turn
lane to consist of one left-turn lane, one through
lane, and one right-turn lane.b. Widen the southbound Menifee Road approach
from one shared left- turn/through/right-turn lane to
consist of one left-turn lane and one shared
through/right- turn lane.c. Provide a cycle length of up to 140 seconds.
d. lmplement protected phasing for all approaches of
the intersection.e. Provide adequate number of receiving lanes for all
approaches to serve dual left turns as needed.
Prior to the
issuance of
certificate of
occupancy
ApplicanU
Developer
Engineering and
Public Works
Department
Applicant shall
pay fair share
Transportation
MM-TR-2 lntersection 6 - Briggs Road / SR-74. Prior
to the issuance of certificate of occupancy, the Project
applicant shall make a fair share contribution to implement
the following:a. Widen the eastbound SR-74 approach from one left-
turn lane, two through lanes and one right-turn lane
to consist of one left-turn lane, three through lanes
and one right-turn lane with rightturn overlap
phasing.
b. Widen the westbound SR-74 approach from one
left-turn lane, one through lane and one shared
through/right{urn lane to consist of one left-turn
lane, three through lanes and one right,-turn lane
Prior to the
issuance of
certificate of
occupancy
ApplicanU
Developer
Engineering and
Public Works
Department
Applicant shall
pay fair share
Page 2 of 6
lmpact
Category Mitigation Measure lmplementation
Timing
Responsible
for
lmplementing
Mitigation
Responsible
for
Monitoring
lmplementation
Method of
Reporting/
Monitoring
c. Provide a cycle length of up to 140 seconds.
d. !mplement protected phasing for all approaches of
the intersection.e. Provide the recommended turn lane storage lengths
for mitigated conditions per Table 8-1.
t. Provide adequate number of receiving lanes for all
approaches to serve dual left turns as needed.
Transportation
MM-TR-3 Intersection 1 - Menifee Road / SR-74.
Prior to the issuance of certificate of occupancy, the Project
applicant shall make a fair share contribution to implement
the following:a. Widen the northbound Menifee Road approach from
one shared through/left-turn lane and one right-turn
lane to consist of one left-turn lane, one through
lane, and one right-turn lane with right-turn overlap
phasing.b. Widen the southbound Menifee Road approach
from one shared left- turn/through/right-turn lane to
consist of one left-turn lane and one shared
through/right- turn lane.c. Widen the eastbound SR-74 approach from one left-
turn lane, one through lane and one shared
through/right-turn lane to consist of one left{urn
lane, two through lanes and one right-turn lane.
d. Widen the westbound SR-74 approach from one
leftturn lane, one through lane and one shared
through/right-turn lane to consist of two left-turn
lanes, two through lanes, and one right-turn lane.
e. Provide a cycle length of up to 140 seconds.f. lmplement protected phasing for all approaches of
the intersection.g Provide adequate number of receiving lanes for all
a roaches to serve dual left turns as needed
Prior to the
issuance of
certificate of
occupancy
ApplicanU
Developer
Engineering and
Public Works
Department
Applicant shall
pay fair share
Page 3 of 6
lmpact
Category Mitigation Measure lmplementation
Timing
Responsible
for
lmplementing
Mitigation
Responsible
for
Monitoring
lmplementation
Method of
Reporting/
Monitoring
Transportation
MM-TR-4 lntersection 6 - Briggs Road / SR-74. Prior
to the issuance of certificate of occupancy, the Project
applicant shall make a fair share contribution to implement
the following:a. Widen the northbound Briggs Road approach from
one left-turn lane, and one shared through/right-turn
lane to consist of two left- turn lanes, and one shared
through/right- turn lane.
b. Widen the southbound Briggs Road approach from
one left-turn lane, and one shared through/right-turn
lane to consist of two left{urn lanes, and one shared
through/right-turn lane.
c. Widen the eastbound SR-74 approach from one left-
turn lane, two through lanes and one right-turn lane
to consist of two left-turn lanes, three through lanes
and one rightturn lane with right{urn overlap
phasing.d. Widen the westbound SR-74 approach from one
left-turn lane, one through lane and one shared
through/right-turn lane to consist of one left-turn
lane, three through lanes and one shared
through/right-turn lane.e. Provide a cycle length of up to 140 seconds.
f. lmplement protected phasing for all approaches of
the intersection.g. Provide the recommended turn lane storage lengths
for mitigated conditions per Table 8-2 of the I/S.
h. Provide adequate number of receiving lanes for all
approaches to serve dual left turns as needed.
Prior to the
issuance of
certificate of
occupancy
ApplicanU
Developer
Engineering and
Public Works
Department
Applicant shall
pay fair share
Transportation
MM-TR-S lntersection 1 - Menifee Road / SR-74.
Prior to the issuance of certificate of occupancy, the Project
applicant shall make a fair share contribution to implement
the following:a. Widen the northbound Menifee Road approach from
one shared through/left-turn lane and one right-turn
lane to consist of one left-turn lane, one through
lane, and one right-turn lane with right-turn overlap
phasing.
b. Widen the southbound Menifee Road approach
Prior to the
issuance of
certificate of
occupancy
ApplicanU
Developer
Engineering and
Public Works
Department
Applicant shall
pay fair share
Page 4 of 6
lmpact
Category Mitigation Measure lmplementation
Timing
Responsible
for
lmplementing
Mitigation
Responsible
for
Monitoring
lmplementation
Method of
Reporting/
Monitoring
from one shared left- turn/through/right-turn lane to
consist of one left-turn lane and one shared
through/right- turn lane.
c. Widen the eastbound SR-74 approach from one left-
turn lane, one through lane and one shared
through/rightturn lane to consist of one left-turn
lane, two through lanes and one shared
through/rig ht-tu rn lane.d. Widen the westbound SR-74 approach from one
left-turn lane, one through lane and one shared
through/right-turn lane to consist of two left-turn
lanes, two through lanes, and one shared
throug h/rig ht-turn lane.e. Provide a cycle length of up to 140 seconds.
f. lmplement protected phasing for all approaches of
the intersection.g Provide adequate number of receiving lanes for all
approaches to serve dual left turns as needed.
Transportation
MM-TR-6 lntersection 6 - Briggs Road / SR-74. Prior
to the issuance of certificate of occupancy, the Project
applicant shall make a fair share contribution to implement
the following:a. Widen the northbound Briggs Road approach from
one left-turn lane, and one shared through/rightturn
lane to consist of two left- turn lanes, one through
lane, and one right- turn lane.b. Widen the southbound Briggs Road approach from
one left-turn lane, and one shared through/right-turn
lane to consist of two left-turn lanes, and one shared
through/right-turn lane.c. Widen the eastbound SR-74 approach from one left-
turn lane, two through lanes and one right-turn lane
to consist of two left-turn lanes, four through lanes
and one right{urn lane with right-turn overlap
phasing.d. Widen the westbound SR-74 approach from one
left-turn lane, one through lane and one shared
through/right-turn lane to consist of two left-turn
lane, four through lanes and one right-turn lane
with right-turn overlap phqglg-
Prior to the
issuance of
certificate of
occupancy
ApplicanU
Developer
Engineering and
Public Works
Department
Applicant shall
pay fair share
Page 5 of 6
lmpact
Category Mitigation Measure lmplementation
Timing
Responsible
for
lmplementing
Mitigation
Responsible
for
Monitoring
lmplementation
Method of
Reporting/
Monitoring
e. Provide a cycle length of up to 140 seconds.
f. lmplement protected phasing for al! approaches of
the intersection.g. Provide the recommended turn lane storage lengths
for mitigated conditions per Table 8-3 of the I/S.
h. Provide adequate number of receiving lanes for all
approaches to serve dual left turns as needed.
Page 6 of 6