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PC20-512 RESOLUTION NO. PC 20- _____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT NO. 2017-288 FOR AN ASSISTED LIVING FACILITY AND GAS STATION LOCATED ON THE NORTHWEST CORNER OF SCOTT ROAD AND HAUN ROAD IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, CALIFORNIA (APNS: 360-380-002 AND -005 THRU -007) WHEREAS, on September 19, 2017, the applicant, PacTen Partners, filed a formal application with the City of Menifee for the approval of the following: (1) Plot Plan No. 2017-287, which proposes the construction and operation of the 268,824 sq. ft. of commercial retail buildings, a 85,282 sq. ft., 5-story hotel, and a two-phase 304-unit senior assisted living, independent living and memory care facility located on the northwest corner of Scott Road and Haun Road (APNs: 360-380-002, -007, -009, and - 010) (herein referred to as the “project site”); (2) Conditional Use Permit No. 2017-288, which would allow for the assisted living facility and gas station uses; and (3) Development Agreement No. 2017-291, which proposes a Development Agreement between the Property Owners (Kelco Properties, LLC and Platinum Partners, LLC) and the City of Menifee (collectively, the “Project”); and WHEREAS, on June 10, 2020, 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, regarding Conditional Use Permit No. 2017-288, 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 900 feet of the Project boundaries, and to persons requesting public notice; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Menifee recommends that the City Council make the following Findings: Section 1: Consistency with the General Plan. The proposed design and location of the Conditional Use Permit is consistent with the adopted General Plan and any applicable specific plan: Consistency with General Plan The Project site is designated Economic Development Corridor (EDC) per the City of Menifee’s General Plan and Zoning map and is intended for a variety of commercial, entertainment, office and industrial uses. Specifically, the Project site is located within the EDC: Southern Gateway (EDC-SG). The General Plan states that west of Interstate 215, north of Scott Road, the EDC area provides an opportunity for commercial, residential, and office uses with a high level of freeway accessibility as a transitional area to the Town Center located to the north. It instructs to avoid placement of residential units directly adjacent to the freeway. The Project, which includes an assisted living facility and gas station uses, is consistent with the EDC-SG land use designation, because the commercial center and senior living facility will provide commercial and residential uses as envisioned in the General Plan. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F 512 Page 2 of 7 Conditional Use Permit No. 2017-288 June 10, 2020 The Project provides services and goods designated to serving patrons within the vicinity of the Project site as well as those from surrounding communities. Scott Road and Haun Road are both commercial corridors within the southerly portion of the City with Interstate 215 paralleling the site to the east. In addition, 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 street scene. Perimeter landscaping and of the Project’s commercial and residential buildings has been provided to visually screen the parking lot and drive aisles from surrounding roadways along both Highway 74 and Trumble Road.  CD-3.9 Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance community safety. The Project is required to include security cameras at the entrances as well as within the property and the site has been designed to limit concealed areas to allow for greater visibility and security. Building Design  CD-3.10 Employ design strategies and building materials that evoke a sense of quality and permanence. The Project includes quality architectural features, such as stone veneer, wood siding and trim, metal siding, awnings, decorative light fixture, tower elements, spandrel glass, and standing seam metal roofing. In addition, the varied color palette creates a warm environment and ranges from soft reds to gray-toned whites and gray colored accents, which will complement the more natural earth tones within the stone veneer.  CD-3.14 Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences. The architecture of the Project incorporates varied colors, recesses, material changes, varied roof lines, wall plane changes, accent materials, and other architectural treatments that break up wall areas to avoid any long expanses of blank, monotonous walls. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Page 3 of 7 Conditional Use Permit No. 2017-288 June 10, 2020 Enhanced Landscape Corridors  CD-4.2 Design new and, when necessary, retrofit existing streets to improve walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sidewalks, street trees, parkways, curbs, street lighting, and street furniture. The Project will provide sufficient right-of-way for an expanded 8-foot sidewalk on Haun Road and standard sidewalks on Howard Way and Scott Road, parkway, street trees, street lighting and an 8 to 10-foot- wide Class II bike lane on Scott Road and Haun Road, and a Class III bike route on Howard Way. Lighting  CD-6.4 Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desirable level of security and illumination. The applicant is proposing decorative down-shielded building mounted lighting, as well as decorative down-shielded free-standing 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 Menifee Municipal Code Chapter 6.01, “Dark Sky Ordinance”, which will have the effect of limiting leakage and spillage of light. All lighting is to be down-shielded as described above. Policies  ED-2.1 Promote retail development by locating needed goods and services in proximity to where residents live to improve quality of life, retain taxable spending by Menifee residents and attract residents from outside the City to shop in Menifee. o Locate businesses providing convenience goods and services in retail centers that are on arterials adjacent to neighborhoods and communities throughout the City but not in rural residential areas. o Encourage comparison goods businesses to locate in larger retail centers located on major arterials near freeway interchanges, because businesses that provide comparison goods tend to draw customers from larger areas. The Project would provide additional retail options and greater convenience to residential and commercial uses in the Project vicinity. The Project locates these retail businesses along a major DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Page 4 of 7 Conditional Use Permit No. 2017-288 June 10, 2020 east/west commercial corridor (Scott Road) and a north/south corridor (Haun Road). The Project and the properties situated to the north and south of the project site share the same General Plan and Zoning designation of Economic Development Corridor (EDC) and Economic Development Corridor (EDC) – Southern Gateway. The properties to the east are designated and zoned Menifee Commercial Specific Plan. Properties to the west are designated Rural Residential – 1 Acre Minimum and 2.1-5 Dwelling Units per Acre – Residential (2.1-5R) and zoned Rural Residential – 1 Acre Minimum and Low Density Residential – 2 (LDR-2) (7,200 sq. ft.). Furthermore, the properties to the north and east are presently vacant. Properties to the west and south include single-family residences. The Project is compatible with the surrounding uses it augments and supports the land uses in the vicinity of the Project. Consistency with Multiple Specie Habitat Conservation Plan (MSHCP) 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 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. Section 2: Consistency with the Zoning Code. The proposed design and location of the conditional uses meet all applicable standards of development and operation of the City’s Zoning Code, including any applicable specific use regulations. The Project site is zoned Economic Development Corridor – Southern Gateway (EDC-SG). Surrounding zoning classifications include EDC-SG to the north and south, Menifee Commercial Specific Plan to the east and Rural Residential – 1 Acre Minimum and Low Density Residential – 2 (LDR-2) (7,200 sq. ft.) to the west, which are consistent with the zoning for the Project site. The General Plan Land Use Designation and Zoning classification of Economic Development Corridor are consistent and compatible with one another. As previously stated, the General Plan states that west of Interstate 215, north of Scott Road, the EDC area provides an opportunity DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Page 5 of 7 Conditional Use Permit No. 2017-288 June 10, 2020 for commercial, residential, and office uses with a high level of freeway accessibility as a transitional area to the Town Center located to the north. It instructs to avoid placement of residential units directly adjacent to the freeway. This project was deemed complete prior to the current version of the Development Code (Title 9) became effective (January 17, 2020) and was therefore reviewed under the previous Development Code. The Project, which includes a commercial center, containing a gas station, and senior living facility, is consistent with the Economic Development Corridor’s list of allowable uses and the design of the Project is consistent with the development standard of the EDC-SG zone. The proposed Project requires the processing of a Plot Plan and requires a Conditional Use Permit specifically to allow for the gas station and assisted living use. As such, Conditional Use Permit No. 2017-288 is being processed concurrently with Plot Plan No. 2017-287 application for the retail center. Therefore, the proposed design and location of the conditional uses meets all applicable standards of development and operation of the City’s Zoning Code, including any applicable specific use regulations. Section 3: Surrounding Uses. That the proposed site is adequate in size and shape to accommodate the conditional uses in a manner that is compatible with existing and planned uses in the vicinity and that the proposed design and location of the conditional use will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity. The Project site is located at the northwest corner of Haun Road and Scott Road. To the north and east of the site if vacant land. To the west and south of the site is single-family residences and some vacant land. The Project is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications and is adequately sized, shaped, designed and located to accommodate the proposed uses. As noted above in Sections 1 and 2, the Project includes uses that are compatible and serve surroundings residents and businesses. The Project will also provide residential uses in the area with an additional gas station, as currently there are no gas stations on the west side of Interstate 215 at Haun Road and Scott Road. The senior living facility will also provide services that are not available within the southerly portion of the City. The Project incorporates quality architecture and landscaping which will enhance the area. The Project has been reviewed by a variety of Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Building and Safety, Engineering and Public Works, Riverside County Fire, Riverside County Sheriff’s Department, and Riverside County Environmental Health. These Departments have also provided DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Page 6 of 7 Conditional Use Permit No. 2017-288 June 10, 2020 conditions of approval as appropriate to ensure compliance with applicable regulations. In addition, environmental impacts resulting from the Project have been analyzed in an Addendum to a previous Environmental Impact Report (i.e., the Junction at Menifee Valley Final Environmental Impact Report [FEIR]). The Addendum determined that none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental Environmental Impact Report (EIR) or negative declaration have occurred. The Project will not generate any new significant environmental effects that were not previously discussed in the Junction at Menifee Valley FEIR. Therefore, the Project is not anticipated to create any new conditions, not previously discussed in the Junction at Menifee Valley FEIR, 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. Section 5: Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. An Addendum to the Junction at Menifee Valley FEIR was prepared pursuant to the California Environmental Quality Act (CEQA) for the Project. In the Addendum, it was found that none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental Environmental Impact Report (EIR) or negative declaration have occurred. BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby recommends to the City Council the following: 1. That the City Council determine that the Findings set out above are true and correct. 2. That the City Council finds that the facts presented within the public record and within the Planning Commission Resolution provide a basis to approve Conditional Use Permit No. 2017-288 subject to the Conditions of Approval set forth in Exhibit “A” of the Resolution for Plot Plan No. 2017-287. DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F Page 7 of 7 Conditional Use Permit No. 2017-288 June 10, 2020 PASSED, APPROVED AND ADOPTED this the 10th day of June, 2020 _________________________ Randy Madrid, Chairman Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney DocuSign Envelope ID: 78C7816E-8133-4DEC-A37E-090CAF48F43F