PC20-513RESOLUTION NO. PC 20- _____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL
APPROVE DEVELOPMENT AGREEMENT NO. 2017-291 BY AND
BETWEEN THE CITY OF MENIFEE AND KELCO PROPERTIES, LLC
AND PLATINUM PARTNERS, LLC
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 Development
Agreement No. 2017-291, 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
WHEREAS, the Development Agreement has been prepared, processed,
reviewed, heard, and approved in accordance with applicable law, including but not
limited to Section 65864 et seq. of the Government Code; 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 development
agreement is consistent with the objectives, policies, general land uses
and programs specified in the 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 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.
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Development Agreement No. 2017-291
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 Development Agreement 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 Haun Road, Scott
Road, and Howard Way.
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.
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Development Agreement No. 2017-291
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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 east/west
commercial corridor (Scott Road) and a north/south corridor (Haun Road).
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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 development
agreement is compatible with the uses authorized in, and the regulations
prescribed for, the zone in which the real property is or will be located.
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
for commercial, residential, and office uses with a high level of freeway
accessibility as a transitional area to the Town Center located to the
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Development Agreement No. 2017-291
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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 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. Therefore, the Project is consistent with
the Zoning Code.
Section 3: The proposed development agreement is in conformity with and will
promote public convenience, general welfare and good land use practice.
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 provide residential uses in the area with additional goods and
service options in the southerly portion of the City. The senior living
facility will also provide services that are not available within the southerly
portion of the City.
The project is compatible with the surrounding land uses, general plan
land use designations and zoning classifications. The project
incorporates quality design, bike lanes/routes, landscaping, amenities,
retail commercial good and services, and other improvements which will
enhance and benefit the area upon construction. The Development
Agreement provides for the orderly construction of road improvements,
utilities, drainage and other improvements. The proposed Development
Agreement is consistent with the concurrent Plot Plan (Plot Plan No.
2017-287) and will assist the developer in implementation of the Plot
Plan. The proposed Development Agreement is in conformity with and
will promote public convenience, general welfare and good land use
practice
Section 4: Surrounding Uses. The proposed development agreement will not be
detrimental to the health, safety and general welfare within the city.
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.
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Development Agreement No. 2017-291
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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.
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
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 Development Agreement 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: Orderly Development. The proposed development agreement will not
adversely affect the orderly development of the property or the
preservation of property values.
The proposed Development Agreement would assist with and would not
interfere with the development of the Project site and the uses proposed
under Plot Plan No. 2017-287 and Conditional Use Permit No. 2017-288,
which would not adversely affect the orderly development of the
surrounding area. The Development Agreement would not alter the land
uses as adopted in the General Plan. The Development Agreement
would not conflict with surrounding existing and planned land uses and
would not have the potential to adversely affect property values.
Section 6: Encourage Development. The proposed development agreement will
promote and encourage the development of the proposed project by
providing a greater degree of requisite certainty for the developer.
The assurances provided to the applicant through the Development
Agreement, such as vesting of Development Impact Fees, clarification of
timing of public improvements, and tax sharing would provide greater
certainty, reduced risk, and offset development costs that would
encourage development as approved under the Plot Plan and the
infrastructure associated with it that would serve the surrounding area.
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Development Agreement No. 2017-291
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Section 7: 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. The Project will not
generate any new significant environmental effects that were not
previously discussed in the Junction at Menifee Valley FEIR.
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
adopt an ordinance approving Development Agreement No. 2017-291 as
attached in Exhibit ‘A’.
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
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