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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