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PC21-538RESOLUTION NO. PC21-538 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT NO. PLN19-0044, PLOT PLAN NO. PLN21-0045, TENTATIVE PARCEL MAP NO. PLN19- 0047 (PM37071), MINOR CONDITIONAL USE PERMIT NO. PLN20- 0359 AND SIGN PROGRAM NO. PLN19-0046 LOCATED AT 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 (PM37071) 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, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study ("IS") and Mitigated Negative Declaration ("MND") have been prepared to analyze and mitigate the project's potentially significant environmental impacts; and, WHEREAS, the twenty-(20)-day public review period for the IS/MND occurred between June 19, 2021 to July 9, 2021. The public review period was publicly noticed by a publication in a newspaper of general circulation, notice to owners within 1,000 feet of the Project site boundaries, and notice to related agencies and government agencies; and, WHEREAS, no comments on the IS/MND were received during the public review period; and WHEREAS, on July 14, 2021, the Planning Commission held a duly noticed public hearing on the project, considered all public testimony as well as all materials in the staff report and accompanying documents, which hearing was publicly noticed by a Page 2of3 IS/MND for Newport Pointe Commercial July 14, 2021 publication in the newspaper of general circulation, an agenda posting, onsite sign postings, and notice to property owners and occupants within 1,000 feet of the project boundaries, and to persons requesting public notice; and WHEREAS, the City has complied with CEQA and the IS/MND is an accurate 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 or increased severity of environmental 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. NOW, THEREFORE, the Planning Commission of the City of Menifee makes the following findings as established by the CEQA: Section 1. The Planning Commission finds on the basis of the evidence presented and the whole record before it, including the draft 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. Section 2. The Planning Commission finds that the Mitigation Monitoring Plan ("MMP"), which is incorporated into the project's Conditions of Approval, and a copy of which is attached hereto as Exhibit "V and incorporated herein by reference, will assure compliance with the mitigation measures during project implementation. Section 3. The Planning Commission finds that the adoption of the IS/MND reflects the Planning Commission's independent judgment and analysis. Section 4. The IS/MND, all documents referenced in the 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 5. The Planning Commission adopts an IS/MND for the project including but not limited to the Mitigation and Monitoring Plan as attached to the IS/MND. Page 3 of 3 IS/MND for Newport Pointe Commercial July 14, 2021 PASSED, APPROVED AND ADOPTED this 14th day of July 2021. Benjamin ederich, Chairman Attest: eph nie Rase eputy City Clerk Approved as to form: Th n, Assistant City Attorney R t0 M O Q) N LL. 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