PC19-475RESOLUTION NO. PC 19.475 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE ONE DEGK CENTER A RETAIL COMMERCIAL CENTER CONSISTING OF A HOTEL, DINE.IN AND DRIVE-THROUGH RESTAURANT AND A FUEL FACILITY AND ANCILLARY CONVENIENCE STORE AND CAR WASH. LOCATED ON 4.82 NET ACRES AT THE NORTHWEST CORNER OF TRUMBLE ROAD AND HTGHWAY 74 (APNS: 329-020-009 and 329-020-0221. WHEREAS, on December 20,2016, the applicant, VSK lnvestments, LLC, filed a formal application with the City of Menifee for (1) the approval of a Plot Plan (PP2016- 290) for a retail shopping and hotel center on 4.89 net acres with a building footprint of 29,449 square feet, including a sign program. The shopping center will include a 108 room hotel, a 5,500 square foot restaurant, a 3,000 square drive-through foot fast food restaurant, and a gas station with six (6) fueling pumps, and a 5,132 square foot convenience store with attached car wash, (2) the approval of Conditional Use Permit No. 2019-082 to allow for the gas station/car wash use and alcohol sales at the various enterprises proposed within the center, including: the sale of beer and wine for off- premises consumption at the proposed gas station and convenience store; the sale of beer, wine, and distilled spirits for onsite consumption at the proposed sit down restaurant; and the sale of beer, wine, and distilled spirits for the hotel site, (3) Tentative Parcel Map (TPM) 2016-291 (PM37145) a proposed Schedule E subdivision of 5.01 gross acres (4.89 net acres) into four (4) commercial parcels ranging in size from 0.58 acres to 1.94 acres; and (4) Administrative Relief No. PLN19-0064 an Administrative Relief from the City's sign code, Chapter 9.76, to permit the increase in the maximum number of signs allowed for a service station from four (4) to six (6) and increase in sign area by no more than 10 percent, (collectively, the "Project"); and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an lnitial Study ("1S") and Mitigated Negative Declaration ("MND") have been prepared to analyze and mitigate the Project's potentially significant environmental impacts; and WHEREAS, between October 24, 2019 and November 22, 2019, the public review period for the Draft IS/MND took effect, which was publicly noticed by a publication in a newspaper of general circulation, notice to owners and occupants within 1 ,400 feet of the Project site boundaries as well as additional properties to include the entirety of the existing residential subdivision to the west, notice to related agencies and government agencies, and persons requesting public notice; and WHEREAS, no comments on the Draft IS/MND have been received during the public review period; and, WHEREAS, on December 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 Plot Plan 2016-290, Conditiona! Use Permit No. 2019-082, Tentative Parcel Map (TPM) 2016-291 and Administrative Relief No. PLN19-0064, which hearing was publicly noticed by a publication in The Press Enferprise, a newspaper of general circulation, an agenda posting, and notice to property owners within 1,400 feet of the Project boundaries as well as properties further west to include the entirety of the existing residential to the west, and to persons requesting public notice; and WHEREAS, the City has complied with CEQA and the IS/MND is an accurate On Deck Center lS/MND Dece m be r 1.L, 2OL9 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; and NOW, THEREFORE, BE lT RESOLVED that the Planning Commission of the City of Menifee resolve as follows: Section 1. With regard to the Initial Study/Mitigated Negative Declaration, the Planning Commission finds: 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, will have a significant effect on the environment. 2. The Mitigation Monitoring 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 no significant effect on the environment would occur. 3. The adoption of the IS/MND reflects the Planning Commission's independent judgment and analysis. 4. The MND, al! 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 "1" and incorporated herein. PASSED, APPROVED AND ADOPTED this 11th d of DECEMBER 2019 trman Attest: anie Roseen, Deputy City Clerk Ap as to form: Thai Phan, Deputy City Attorney Mitigotion Monitoring ond Reporting Progrom Mitig otion Monitoring ond Reporting Progrqm CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.5). This mitigation monitoring and reporting program is intended to track and ensure compliance with adopted mitigation measures during the project implementation phase. For each mitigation measure recommended in the Final lnitial Study- Mitigated Negative Declaration, specifications are made herein that identify the action required, the monitoring that must occur, and the agency or department responsible for oversight. lnitiol Study-Mitigoted Negotive Declorotion City of Menifee On Deck Project N-1 Car Wash Car wash activity shall be limited to the daytime hours of 7:00 a.m. to 10:00 p.m. to reduce the operational noise levels of the Project during the more sensitive nighttime hours of 10:00 p.m. to 7:00 a.m. Limit hours of car wash.During car wash operation On-going City of Menifee Code Enforcement Department Mitigation Measure/ Condition of Approval l{olse Compliance Verification Monitoring Timing lnitial Date comments Responsible Agency Monitoring Frequency Transportation/Traffic T-1 Frontage and Roadway lmprovements The pro.iect shall construct curb-and-gutter, sidewalk, and applicable driveway improvements along the project's frontage, consistent with recommendations contained in the Traffic lmpact Analysis prepared for the project. lmprovements shall include the construction of a raised median alongTrumble Road with a north bound left turn pocket to facilitate access at driveways. T-2 Site Distance Sight distance at each project access point shall be reviewed with respect to standard Caltrans and City of Menifee sight distance standards at the time of preparation of final grading, landscape and street improvement plans. Any landscaping/hardscape within the limited use area, as delineated in the Traffic lmpact Analysis, shall not exceed 30 inches (2.5 feet) in height. The limited use area should be kept clear of any landscaping or any other obstructions that may impede the visibility of the driver, including on- street parking. Sight distance shall be re- evaluated once the driveways have been lnstall improvements recommended in the Traffic lmpact Analysis Maintain required site distances at access points and limit landscaping height. Prior to occupancy Once Prior to occupancy and during project operation On-going City of Menifee Public Works Department City of Menifee Public Works and Code Enforcement Departments 2 Action Required Mitigotion Monitoring ond Reporting Progrom Mitigation Measure/ Condition of Approval Monitoring Frequency Responsible Agency Compliance Verification Action Required lnitial Date Comments constructed T-3 Driveway Turn Radius Driveway 1 shall be modified to provide a 40- foot curb radius on the northwest corner and a 2O-foot curb radius on the southwest corner in order to accommodate the turning radius of a WB-50 truck (42.S-foot trailer) both inbound and outbound of the site. Driveway 2 shall be modified to provide a 3O-foot curb radius on the northwest and southwest corners in order to accommodate the turning radius of a WB-50 truck both inbound and outbound ofthe site. Provide sufficient turn radius for WB-50 Prior to occupancy trucks. Once City of Menifee Public Works Department 3Finol Environmentol lmpoct Report Monitoring Timing 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. PC19-475 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 11 day of December 2019 by the following vote: Ayes: Diederich, Phillips, Thomas, Madrid, Kanruin Noes: NoneAbsent: NoneAbstain: None nie Roseen,CMC Deputy City Clerk ) )ss ) '*aeNtreElffiI O6- /\