PC21-536RESOLUTION NO. PC21-536
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. 2018-301 FOR A GASOLINE SERVICE STATION, CONVENIENCE
STORE AND CAR WASH LOCATED ON THE NORTHWEST CORNER
OF PALOMAR ROAD AND HIGHWAY 74
WHEREAS, December 11, 2020, the applicant, Palomarmar, L.P., filed a formal
application with the City of Menifee for the approval of Conditional Use Permit No. 2018-
301 to allow for the gasoline service stations, convenience store, and car wash; and,
WHEREAS, on December 11, 2020, the applicant, Palomarmar, L.P., filed a
formal application with the City of Menifee for the approval of Plot Plan No. 2018-300 for
the redevelopment of the Motte Country Plaza on 3.8 gross acres, including: (1) the
relocation of the "Chinese Bistro" train car restaurant to the vacant space on the west
side of the existing building containing U-Turn for Christ, U.S. Post Office, Curves, Nails
Time and Nutri-Fruit; (2) a new 8-dual pump (16-bay) gas station with 4,709 sq. ft.
canopy; (3) a new 3,838 sq. ft. convenience store, with attached 1,755 sq. ft. drive-thru
restaurant and 958 sq. ft. office on the 2nd floor of the convenience store; and (4) a New
1,030 sq. ft. car wash; and,
WHEREAS, December 11, 2020, the applicant, Palomarmar, L.P., filed a formal
application with the City of Menifee for the approval of Conditional Use Permit No. 2018-
302 for the sale of beer and wine at the proposed convenience store for off -premise
consumption; and,
WHEREAS, December 11, 2020, the applicant, Palomarmar, L.P., filed a formal
application with the City of Menifee for the approval of Tentative Parcel Map No. 2018-
320 for a Schedule 'E' Commercial Parcel Map of 3.8 gross acres into two (2) parcels;
and,
WHEREAS, on June 23, 2021, 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. 2018-301, which hearing was publicly noticed by a publication in The Press
Enterprise, a newspaper of general circulation, an agenda posting, onsite sign postings,
and notice to property owners within 1,000 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 makes 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 Specific Plan No. 260 (Menifee North) per
the City of Menifee's General Plan and the Planning Area 8
(Commercial), in which the project is located, is intended to serve the
residents of Menifee North, offsite users and persons employed in the
area. According to the Specific Plan, the commercial sites within SP 260
are located to provide easy access for both onsite residents and the
Page 2 of 7
Conditional Use Permit No. 2018-301
June 23, 202
regional population. The provision of commercial uses is important not
only for convenience, but also to satisfy commercial needs of the future
population of the region.
The Project, which includes a gasoline service stations, convenience
store, and car wash, is consistent with the Specific Plan land use
designation, because the project will provide commercial uses as
envisioned in the Specific Plan.
The Project provides services and goods designated to serving patrons
within the vicinity of the Project site as well as those from surrounding
communities. Highway 74 is a commercial corridor within the northerly
portion of the City with Interstate 215 located in relatively close proximity
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 have been provided to visually screen the
parking lot and drive aisles from surrounding roadways along both
Highway 74 and Palomar 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, vertical vinyl siding, wood trim, metal awnings, decorative light
fixture, tower elements, and standing seam metal roofing. In addition,
the varied color palette creates a warm environment and ranges from
muted reds to creams, tans, and beiges, 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.
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Conditional Use Permit No. 2018-301
June 23, 202
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.
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 sidewalks on Highway 74 and Palomar Road,
which are currently absent. The project will also provide parkway,
street trees, and street lighting on Highway 74 and Palomar Road and
a Class III bike route on Palomar Road.
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.
Page 4 of 7
Conditional Use Permit No. 2018-301
June 23, 202
The Project would provide additional retail options and greater
convenience to residential and commercial uses in the Project
vicinity. The Project locates these retail goods and services along a
major east/west commercial corridor (Highway 74).
The Project and the properties situated to the north and east of the
project site share the same General Plan designation (i.e., Specific Plan
No. 260). The properties to the west is designated and zoned
Commercial Retail (CR) and is part of the same existing Mottle County
Plaza. Properties to the south are designated Business Park (BP).
Furthermore, the properties surrounding the Motte Country Plaza are
presently vacant. 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 Specific Plan No. 260 (Menifee North), Planning
Area 8 (Commercial). Surrounding zoning classifications include SP 260,
Planning Area 7B (High Density Residential) to the north, SP 260,
Planning Area 13 (Commercial) to the east, Business Park (BP) to the
south, and Commercial Retail (CR) to the west, which are all compatible
with the zoning for the Project site.
As previously stated, the Specific Plan states that the commercial sites
within SP 260 are located to provide easy access for both onsite
residents and the regional population. The project provides an
opportunity to conveniently supply retail goods and services with a high
level of accessibility and acts as a transitional area between Highway 74
and the existing and planned residential communities to the north.
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Conditional Use Permit No. 2018-301
June 23, 202
The project was reviewed against the Specific Plan (SP 260). However,
where the Specific Plan was silent on a particular issue, and where the
reader is not specifically referred to City Ordinance No. 348, the project
was reviewed against the City's Development Code. This project was
deemed complete prior to the current version of the Development Code
(Title 9) which became effective January 17, 2020 and was therefore
reviewed under the previous Development Code.
The Project, which includes a gasoline service station, convenience store,
and car wash, as well as the relocation of the existing train car restaurant,
is consistent with the Specific Plan No. 260, Planning Area 8's list of
allowable uses and the design of the Project is consistent with the
development standard of the Specific Plan. The proposed Project
requires the processing of a Plot Plan and requires a Conditional Use
Permit specifically to allow for the gasoline service station, convenience
store, and car wash, as well as the sale of beer and wine for off -premise
consumption.
As such, Conditional Use Permit No. 2018-301 is being processed
concurrently with Plot Plan No. 2018-300 and Conditional Use Permit No.
2018-302 (in addition to Tentative Parcel Map No. 2018-320). 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 Highway 74 and
Palomar Road. Surrounding the Motte Country Plaza is 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 an additional gas station along the Highway 74
corridor. The car wash will also provide a service that is not currently
available within the far northerly portion of the City, particularly along the
Highway 74 corridor. 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, and Riverside County Environmental Health. These
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Conditional Use Permit No. 2018-301
June 23, 202
Departments have also provided conditions of approval as appropriate to
ensure compliance with applicable regulations.
Environmental impacts resulting from the project have been analyzed in
an Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND for
the project determined that impacts would all be less than significant and
impacts related to biological resources and noise would be less than
significant with the incorporation of the required mitigation measures.
Therefore, the project would not create conditions 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 4: Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of the California
Environmental Quality Act.
An IS/MND has been completed for the project and adopted by
the Planning Commission pursuant to Resolution PC 21-533.
The Conditional Use Permit at issue is consistent with the MND,
which the Planning Commission has considered as part of its
proceedings. No new environmental impacts have been identified and no
further environmental review is required for this project.
A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and
identifies all mitigation measures that will be required for the project.
BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee
makes the following findings:
1. That the Findings set out above are true and correct.
2. That the facts presented within the public record and within this resolution
provide a basis to approve Conditional Use Permit No. 2018-301 subject
to the Conditions of Approval set forth in Exhibit "A" of this Resolution.
Page 7 of 7
Conditional Use Permit No. 2018-301
June 23, 202
PASSED, APPROVED AND ADOPTED this the 23rd day of June, 2021
Benjamin Diederich, Chairman
Attest:
r�z � 9 '
e anie Roseen! Deputy City Clerk
Approved as to form:
Th " n, Assistant City Attorney
EXHIBIT 99
1"
CONDITIONS OF APPROVAL
Planning Application No.: Conditional Use Permit No. 2018-301 ("Motte Country
Plaza")
Project Description: Conditional Use Permit No. 2018-301 ("Motte Country
Plaza") would allow for the gasoline service station,
convenience store, and car wash.
Assessor's Parcel No.: APN 329-110-019
Approval Date: June 23, 2021
Expiration Date: June 23, 2024
Page 1 of 10
Within 48 Hours of the Approval of This Project
Indemnification. Applicant/developer shall indemnify, defend, and hold harmless
the City of Menifee and its elected city council, appointed boards, commissions,
committees, officials, employees, volunteers, contractors, consultants, and agents
from and against any and all claims, liabilities, losses, fines, penalties, and
expenses, including without limitation litigation expenses and attorney's fees,
arising out of either the City's approval of the Project or actions related to the
Property or the acts, omissions, or operations of the applicant/developer and its
directors, officers, members, partners, employees, agents, contractors, and
subcontractors of each person or entity comprising the applicant/developer with
respect to the ownership, planning, design, construction, and maintenance of the
Project and the Property for which the Project is being approved. In addition to the
above, within 15 days of this approval, the developer/applicant shall enter into an
indemnification agreement with the City. The indemnification agreement shall be
substantially the same as the form agreement currently on file with the City.
2. Filing Notice of Determination (ND/MND). The applicant/developer shall deliver
to the Planning Division a cashier's check or money order made payable to the
County Clerk in the amount of Two Thousand Four Hundred and Four Dollars and
Seventy -Five Cents ($2,404.75) which includes the Two Thousand Three Hundred
and Fifty -Four Dollars and Seventy -Five Cent ($2,354.74) fee, required by Fish
and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County
administrative fee, to enable the City to file the Notice of Determination (ND) for
the Mitigated or Negative Declaration (MND) required under Public Resources
Code Section 21152 and California Code of Regulations Section 15075. Per Fish
and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or
final and local government permits for the project shall not be valid until the filling
fees required are paid.
Page 2 of 10
Section I: Conditions Applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Page 3 of 10
Section
Conditions Applicable to ►III
Departments
Page 4 of 10
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. 2018-300 shall be henceforth defined as
follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all
mean the permittee of this project.
APPROVED EXHIBIT A = Site Plan for Plot Plan No. 2018-300, dated May
6, 2021.
APPROVED EXHIBIT B = Elevations of Plot Plan No. 2018-300, dated May
6, 2021.
APPROVED EXHIBIT C = Floor Plans for Plot Plan No. 2018-300, dated
May 6, 2021.
APPROVED EXHIBIT G = Grading Plan for Plot Plan No. 2018-300, dated
May 6, 2021.
APPROVED EXHIBIT L = Conceptual Landscaping for Plot Plan No. 2018-
300, dated May 6, 2021.
4. Ninety (90) Days. The permittee has ninety (90) days from the date of approval of
these conditions to protest, in accordance with the procedures set forth in
Government Code Section 66020, the imposition of any and all fees, dedications,
reservations and/or other exactions imposed on this project as a result of this
approval or conditional approval of this project.
5. Mitigation Monitoring and Reporting Program. The developer shall comply with
the mitigation monitoring and reporting program ("MMRP") which is incorporated
by reference as part of these conditions of approval.
6. City of Menifee. The City of Menifee is a new City, incorporated on October 1,
2008; the City is studying and adopting its own ordinances, regulations,
procedures, processing and development impact fee structure. In the future the
City of Menifee will identify and put in place various processing fees to cover the
reasonable cost of the services provided. The City also will identify and fund
mitigation measure under CEQA through development impact fees. Such fees
may include but are not limited to processing fees for the costs of providing
planning services when development entitlement applications are submitted,
which fees are designed to cover the full cost of such services, and development
impact fees to mitigate the impact of the development proposed on public
improvements. To the extent that Menifee may develop future financing districts to
cover the costs of maintenance of improvements constructed by development,
Permittee agrees to petition for formation of, annexation to or inclusion in any such
financing district and to pay the cost of such formation, annexation or inclusion.
The permittee acknowledges it is on notice of the current development fees and
understands that such fees will apply at the levels in effect at the time the fee
condition must be met as specified herein.
Page 5 of 10
7. Comply with All Conditions. The applicant/developer shall comply with all terms
and conditions of Plot Plan No. 2018-300, Tentative Parcel Map No. 2018-320,
and Conditional Use Permit No. 2018-302.
8. Revocation. In the event the use hereby permitted under this permit, a) is found
to be in violation of the terms and conditions of this permit, b) is found to have been
obtained by fraud or perjured testimony, or c) is found to be detrimental to the
public health, safety or general welfare, or is a public nuisance, this permit shall be
subject to the revocation procedures.
9. Business Registration. Every person conducting a business within the City of
Menifee shall obtain a business license, as required by the Menifee Municipal
Code. For more information regarding business registration, contact the City of
Menifee.
10. Expiration Date. This approval shall be used within three (3) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By use
is meant the beginning of substantial construction contemplated by this approval
within a three-(3)-year period which is thereafter diligently pursued to completion
or to the actual occupancy of existing buildings or land under the terms of the
authorized use. Prior to the expiration of the three-(3)-year period, the permittee
may request up to a three-(3)-year extension of time in which to begin substantial
construction or use of this permit. Should the three-(3)-year extension be obtained
and no substantial construction or use of this permit be initiated within six (6) years
of the approval date this permit, shall become null and void.
11. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
Page 6 of 10
Section II:
Community Development
Department Conditions of
Approval
Page 7 of 10
General Conditions
12. Comply with Ordinances. The development of these premises shall comply with
the standards of the City of Menifee Municipal Code and all other applicable
ordinances and State and Federal codes and regulations.
13. Compliance with Plot Plan No. 2018-300. The general site development
standards as well as the site design, layout, location, setbacks, parking,
landscaping, walls, building elevations, project phasing, and other features for the
gas station, convenience store, and car wash shall be in substantial conformance
with those approved for Plot Plan No. 2018-300.
14. Subsequent Submittals. Any subsequent submittals required by these conditions
of approval, including but not limited to grading plan, building plan or mitigation
monitoring review, shall be reviewed on an hourly basis (research fee), or other
such review fee as may be in effect at the time of submittal, as required by
Resolution No. 18-741 (Cost of Services Fee Study), or any successor thereto.
Each submittal shall be accompanied with a letter clearly indicating which condition
or conditions the submittal is intended to comply with.
15. Hours of Operation for Gas Station/Convenience Store. The hours of
operation for the gas station and convenience store shall be twenty-four (24) hours
seven (7) days per week.
16. Hours of Operation for the Car Wash. Per the approved Noise Impact Study
prepared by MD Acoustics, LLC, dated 8/7/2020, the hours of operation for the car
wash shall be from 7:00 a.m. to 10:00 p.m. The car wash shall not be operated
during nighttime hours (10:00 p.m. to 7:00 a.m.).
17. Attendant. The applicant shall ensure that regular monitoring of the facility is
provided by an attendant during business hours to control noise, litter and other
nuisances. The facility shall be kept clear of debris at all times.
18. Ceased Operations. In the event the uses hereby permitted cease operation for
a period of one (1) year or more, excluding renovation and casualty, this approval
shall become null and void.
Prior to Building Permit Issuance
19. Security Systems. Prior to the issuance of a building permit, the applicant shall
prepare and obtain approval (from City of Menifee Police Department and/or
Planning Division of the Community Development Department) of a security plan
for the site. In addition to the common burglary/security alarm system, the
applicant shall also install exterior cameras to monitor all parking stalls surrounding
the exterior of this store. These cameras shall be attached to the proposed light
poles in the parking lot and/or the exterior of the building itself. Security cameras
shall be installed in the interior of this business that records the shopping aisles as
well as the counters and cash registers. The interior and exterior cameras shall
be equipped with recording capabilities allowing it to save a minimum of four
months of recording time.
Page 8 of 10
Prior to Final Occupancy
20. Security System Inspection. The City of Menifee Police Department and/or
Planning Division of the Community Development Department shall verify that the
security system has been installed in compliance with the City of Menifee Policy
Department's requirements prior to final occupancy.
Page 9 of 10
The undersigned warrants that he/she is an authorized representative of the project
referenced above, that I am specifically authorized to consent to all of the foregoing
conditions, and that I so consent as of the date set out below.
Signed
Name (please print)
Date
Title (please print)
Page 10 of 10
G�TY ts�
MENIFEE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that
the foregoing Planning Commission Resolution No. PC21-536 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the 23rd day of
June 2021 by the following vote:
Ayes:
LaDue, Thomas, White, Madrid, Diederich
Noes:
None
Absent:
None
Abstain:
None
4Sphlnie Roseen, CMC
Deputy City Clerk