PC21-541RESOLUTION NO. PC21-541
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. PLN19-0044 FOR A CAR -WASH LOCATED ON THE
SOUTHWEST CORNER OF NEWPORT ROAD AND EVANS ROAD
WHEREAS, on October 3, 2019, the applicant, Salim Development, on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Plot
Plan No. PLN19-0045 for the construction and operation of a 84,211 sq. ft. commercial
center on 11.14 acres including (1) a 18,041 sq. ft. grocery store; (2) a 4,010 sq. ft.
drive-thru car -wash; (3) a 1,800 sq. ft. drive-thru restaurant; (4) a 7,360 sq. ft.
restaurant/retail building; (5) a 3,010 sq. ft. restaurant/retail building; (6) a 9,990 sq. ft.
daycare and (7) a 40,000 sq. ft. gym/fitness center and,
WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of
Conditional Use Permit No. PLN19-0044 to allow for the car -wash; and,
WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of
Tentative Parcel Map No. PLN19-0047 (37071) for a commercial parcel map subdividing
11.14 acres into six (6) commercial parcels and one (1) lettered lot that range in size
from 0.30 acres to 3.47 acres; and,
WHEREAS, October 3, 2019, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of
Master Sign Program No. PLN19-0046 for the development; and,
WHEREAS, December 14, 2020, the applicant, Salim Development on behalf of
ENOCH, LLC, filed a formal application with the City of Menifee for the approval of Minor
Conditional Use Permit No. PLN20-0359 for the sale of alcoholic beverages for off -
premises consumption and Public Convenience and Necessity findings for the grocery
store; and,
WHEREAS, on July 14, 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. PLN19-0044, 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 General Plan land use designation of the site is Specific Plan No.
140 (Newport Estates). More specifically, the site is located within
Page 2 of 6
Conditional Use Permit No. PLN19-0044
July 14, 2021
Planning Area No. 7 (Commercial) which allows for a variety of
commercial uses.
The proposed Conditional Use Permit, which includes a drive-thru car -
wash, is consistent with the Specific Plan land use designation and will
provide for commercial uses as envisioned in the General Plan.
The Project provides a service designated to serving patrons within the
vicinity of the Project site as well as those from surrounding communities.
Newport Road is a commercial corridor that runs east and west through
City.
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 has been provided to visually screen the
parking lot and drive aisles from surrounding roadways along Newport
Road and Evans Road. Placement of the buildings within the site will
also provide additional screening of the parking field for some areas of
the site.
■ 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 a security system throughout the
site 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, cornices, metal canopies, fabric awnings, decorative light
fixtures, tower elements, etc. In addition, the development includes a
varied color palette which complements existing buildings in the area.
• 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 drive-thru car -wash incorporates varied colors,
material changes, varied roof lines, tower elements, wall plane
Page 3 of 6
Conditional Use Permit No. PLN19-0044
July 14, 2021
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 sufficient right-of-way to accommodate
standard sidewalks, parkway landscaping, street trees, street lighting
and Class II bike lanes on Newport Road which is designated as an
enhanced landscape corridor.
Lighting
In 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, shielded building mounted
lighting as well as shielded lighting fixtures throughout the parking
field of the site.
• 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 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 6
Conditional Use Permit No. PLN19-0044
July 14, 2021
The Project would provide an additional service option and greater
convenience to residential and commercial uses in the Project vicinity.
The Project locates this service business along a major east/west
commercial corridor (Newport Road).
Surrounding General Plan designations include SP 140, Planning Areas 1
(Medium Residential) and 6C (Park/Detention) to the south, 2.1-5
Residential (2.1-5R) and Public Facilities (PF) to the north, Economic
Development Corridor (EDC) to the east and 2.1-5 Residential (2.1-5R) to
the west. The Project is compatible with the surrounding uses.
Consistency with Multiple Soecie 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. 140 (Newport Estates),
Planning Area 7 (Commercial). The concurrently proposed uses for the
site under Conditional Use Permit Nos. PLN19-0044, PLN20-0359, Plot
Plan No. PLN19-0045, Parcel Map No. PLN19-0047 and Sign Program
No. PLN19-0046 are consistent with Planning Area 7 of the Specific Plan.
The subdivision is also consistent with the development standards of the
Specific Plan. Planning Area No. 7 allows car -wash uses with an
approved Conditional Use Permit. Therefore, the project is consistent with
the allowable uses and development standards of Specific Plan No. 140
and Title 9. In addition, the design of the Project is consistent with the
development standards of Specific Plan No. 140.
Surrounding zoning classifications include SIP 140, Planning Areas 1
(Medium Residential) and 6C (Park/Detention) to the south, 2.1-5
Residential (2.1-5R) and Public Facilities (PF) to the north, Economic
Development Corridor (EDC) to the east and 2.1-5 Residential (2.1-5R) to
the west, which are all compatible with the zoning for the Project site.
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Conditional Use Permit No. PLN19-0044
July 14, 2021
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 southwest corner of Newport Road and
Evans Road. Properties to the north across Newport Road include
single-family residential and office/community center uses, vacant land
can be found to the east, single-family residential to the west and single-
family residential and park/detention bason uses to the south. Properties
to the south of the subject site contain existing single-family homes and a
park and detention basin while properties to the west of the site contain
existing single-family homes. The project has been deigned to include a
block wall and enhanced landscaping along the southern property line
and the western property line in an effort to buffer the commercial uses
from the existing homes. The wall and landscaping buffers are a
requirement of the specific plan.
The proposed Conditional Use Permit will not result in conditions
detrimental to the public health, safety, or general welfare as designed
and conditioned. The project has been reviewed and conditioned by the
City of Menifee Planning, Engineering, Police, and Fire Departments to
ensure the project will not create conditions materially detrimental and in
result, the project will not have a significant impact.
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 or
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 No. PC21-538. 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:
Page 6 of 6
Conditional Use Permit No. PLN19-0044
July 14, 2021
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. PLN19-0044
subject to the Conditions of Approval set forth in Exhibit "1" of this
Resolution.
PASSED, APPROVED AND ADOPTED this the 14th day of July, 2021
Benjamin Diederich, Chairman
Attest:
(acAW4. ..
"-eph&Wte Roseen Deputy City Clerk
Approved as to form:
Th 'Assistant City Attorney
EXHIBIT Cl ip
CONDITIONS OF APPROVAL.
Planning Application No.: Conditional Use Permit No. PLN19-0044 ("Newport
Pointe Commercial")
Project Description: Conditional Use Permit No. PLN19-0044 ("Newport
Pointe Commercial") would allow for a drive-thru car wash
at the Newport Pointe Commercial Center located at the
southwest corner of Newport Road and Evans Road.
Assessor's Parcel No.: APN 360-020-051
Approval Date: July 14, 2021
Expiration Date: July 14, 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 Five Hundred and Thirty Dollars and
Twenty -Five Cents ($2,530.25) which includes the Two Thousand Four Hundred
and Eighty Dollars and Twenty -Five Cent ($2,480.25) 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 2of10
Section I: Conditions Applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Page 3 of 10
Section I:
Conditions Applicable to All
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. PLN19-0045 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. PLN19-0045, dated
June 21, 2021.
APPROVED EXHIBIT B = Floor Plans and Elevations of Plot Plan No.
PLN19-0045, dated June 21, 2021.
APPROVED EXHIBIT L = Conceptual Landscaping for Plot Plan No.
PLN19-0045, dated June 21, 2021.
APPROVED EXHIBIT S = Sign Program for Plot Plan No. PLN19-0045,
dated June 21, 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.
7. Comply with All Conditions. The applicant/developer shall comply with all terms
and conditions of Plot Plan No. PLN19-0045, Tentative Parcel Map No. PLN19-
Page 5 of 10
0047, Conditional Use Permit No. PLN19-0044, Conditional Use Permit No.
PLN20-0359 and Sign Program No. PLN19-0046.
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 6of10
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. PLN19-0045. The general site development
standards as well as the site design, layout, location, setbacks, parking,
landscaping, walls, building elevations, and other features for the car wash shall
be in substantial conformance with those approved for Plot Plan No. PLN19-0045.
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 the Car Wash. Hours of operation shall be limited to 7:00
a.m. to 10:00 p.m. Water and electrical systems shall automatically shut off during
non -business hours, except for security and fire protection. The car wash shall not
be operated during nighttime hours (10:00 p.m. to 7:00 a.m.).
16. 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.
17. 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
18. 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 Occu ancv
19. 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
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- 541 as duly adopted by the
Planning Commission of the City of Menifee at a meeting thereof held on the 14th day of July
2021 by the following vote:
Ayes:
LaDue, Thomas, White, Madrid, Diederich
Noes:
None
Absent:
None
Abstain:
None
L��- i�--
Step anie Roseen, CMC
Deputy City Clerk