PC21-552RESOLUTION NO. PC21-552
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. PLN 20-0165 TO ALLOW FOR THE MULTI -FAMILY APARTMENT
COMPLEX AND DAY CARE CENTER LOCATED ON THE
NORTHEAST CORNER OF BEREA ROAD AND NORMANDY ROAD
WHEREAS, on July 1, 2020, the applicant, Boulders Menifee, LLC, filed a formal
application with the City of Menifee for the approval of Conditional Use Permit No. PLN
20-0165 to allow for the multi -family apartment complex and the day care center
proposed under Plot Plan No. PLN20-167.
WHEREAS, on July 1, 2020, the applicant, Boulders Menifee, LLC, filed a formal
application with the City of Menifee for the approval of Plot Plan No. PLN 20-0167 for
development of a mixed -use commercial and multiple family residential project
consisting of a three-story office building with an area of 21,310 (net) square feet, an
8,250 (net) square -foot day care building with outdoor play area and 234-unit apartment
complex consisting of nine (9) three-story apartment buildings and one (1) 3,455 (net)
square foot clubhouse on 10.14 gross acres located at northeast corner of Normandy
Road and Berea Road.
WHEREAS, on November 10, 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 for Conditional Use Permit
No. PLN 20-0165, which hearing was publicly noticed by a publication in the newspaper
of general circulation, an agenda posting, and notice to property owners within 300 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 Genera[ Plan
The project site is designated Economic Development Corridor — Newport
Road (EDC-NR) Subarea according to the City of Menifee General Plan.
The intent of this designation is to create a dynamic east -west corridor by
adding neighborhood -oriented commercial uses to support residential
development and grow the City's tax base. Within the EDC-NR subarea
zone, business park, office, and residential uses are envisioned to
provide a buffer and a logical transition to the adjacent single-family
residential neighborhoods to the north.
Within the EDC-NR subarea zone, professional and medical offices are a
permitted use. However, the proposed day care center and the multi-
family dwellings require the approval of this Conditional Use Permit.
The provision of the day care center is important because it provides this
services in close proximity to residences and the multi -family dwellings is
important because it offers a wider range of dwelling options to the area
Conditional Use Permit No. PLN20-0165
November 10, 2021
and acts as a transition between Spirit Park and the residential uses to
the north.
The Project, which includes the proposed day care center and multi-
family dwellings, in addition to the proposed office uses, is consistent with
the EDC-NR land use designation, because the project will provide offices
and residential uses and neighborhood -oriented commercial uses that
support the adjacent residential development to the north and south as
envisioned in the General Plan.
The Project provides services designated to serving patrons within the
vicinity of the Project site as well as those from surrounding communities.
Newport Road is a major commercial corridors within 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, drive aisles, and this drive thru from surrounding roadways
along both Berea Road and Normandy 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 and
brick and limestone veneers, metal awnings, architectural trim, wall
articulation, distinct roof elements, decorative light fixture, and tower
elements. In addition, the varied color palette creates a warm modern
aesthetic and ranges from grays and deep muted reds to bright reds
accents, which will complement the more modern architectural
elements of the project.
CD-3.14 Provide variations in color, texture, materials, articulation,
and architectural treatments. Avoid long expanses of blank,
monotonous walls or fences.
Conditional Use Permit No. PLN20-0165
November 10, 2021
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 Berea Road, which are currently
absent. Sidewalks on Normandy Road are already existing. The
project will also provide parkway, street trees, and street lighting on its
adjacent roadways and will accommodate a Class III bike route on
Berea Road.
Lighting
G 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
The Project and the properties situated to the east and west of the project
site share the same General Plan designation (i.e., EDC-NR). Properties
to the north are designated 2.1-5 Dwelling Unit per Acre — Residential
(2.1-5R). Properties to the south are within the Audie Murphy Specific
Plan and are designated for park uses.
The Project is compatible with the surrounding uses and augments and
supports the land uses in the vicinity of the Project.
Consistency with Multiple Specie Habitat Conservation Plan (MSHCp)
Conditional Use Permit No. PLN20-0165
November 10, 2021
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 City of Menifee Municipal Code
Chapter 8.27 and Ordinance 663 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 — Newport
Road (EDC-NR). Surrounding zoning classifications include EDC-NR to
the east and west. Properties zoned Low Density Residential-2 (LDR-2)
(7,200 sq. ft.) are located to the north. Properties to the south are within
the Audie Murpy Specific Plan. These zoning classifications are all
compatible with the zoning for the Project site.
The proposed project requires the processing of a plot plan, as well as a
conditional use permit to allow for the day care center and multi -family
dwellings. All other uses proposed within the project (e.g., professional
offices) are permitted uses.
As stated in the City's Development Code (Section 9.140.020), the EDC-
NR zone is intended to provide neighborhood -oriented commercial uses
that support the adjacent residential development to the north and south.
Business park, office, or residential uses are envisioned along Bradley
Road, to provide a buffer for the commercial corridor and a logical
transition to the adjacent single-family residential neighborhoods to the
north.
The project proposes a neighborhood -oriented day care center, which
would support the adjacent residential developments, professional offices
and multi -family dwellings. The multi -family dwelling in the northerly
portion of the project would in fact act as a transition to the adjacent
single-family residential neighborhoods to the north.
The project was reviewed against the City's Development Code. The
design of the Project is consistent with the development standard of the
Development Code. Therefore, the proposed design and location of the
conditional use meets all applicable standards of development and
Conditional Use Permit No. PLN20-0165
November 10, 2021
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 northeast corner of Berea Road and
Normandy Road. Uses surrounding the project site include a mini -
storage facility (Champion RV and Boat Storage) to the west, vacant land
to the east, existing single-family residential homes to the north (beyond
the existing flood control channel), and Spirit Park to the south.
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 a day care center, offices, and multi -family
dwellings along the Newport Road 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
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, cultural resources, geology and
soils and tribal cultural resources 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 21-550. 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
Conditional Use Permit No. PLN20-0165
November 10, 2021
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. PLN 20-0165
subject to the Conditions of Approval set forth in Exhibit "1" of this
Resolution.
PASSED, APPROVED AND ADOPTED this the 10'h day of November, 2021
Benjamin Di rich, Chairman
Attest:
to anie Roseen, Deputy City Clerk
Approved as to form:
4+)t7k-��
Thai Phan, Assistant City Attorney
EXHIBIT 661"
CONDITIONS OF APPROVAL
Planning Application No.: Conditional Use Permit No. PLN 20-0165
Project Description: Conditional Use Permit No. PLN 20-0165 would allow for
the multi -family apartment complex and the day care center
proposed under Plot Plan No. PLN20-167.
The project site is located at the northeast corner of
Normandy Road and Berea Road. (APN:339-200-080).
One (1) additional concurrent application is being processed
concurrently with Conditional Use Permit No. PLN 20-0165.
Plot Plan No. PLN 20-0167 proposes development
of a mixed -use commercial and multiple family
residential project consisting of a three-story office
building with an area of 21,310 (net) square feet, an
8,250 (net) square -foot day care building with
outdoor play area and 234-unit apartment complex
consisting of nine (9) three-story apartment buildings
and one (1) 3,455 (net) square foot clubhouse on
10.14 gross acres.
Assessor's Parcel No.: 339-200-080
Approval Date: November 10, 2021
Expiration Date: November 10, 2024
Page 1 of 9
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
Seventy -Five Cents ($2,530.25) which includes the Two Thousand Four Hundred
and Eighty Dollars and Seventy -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 2 of 9
Section l: Conditions Applicable to All Departments
Section II: Community Development Department
Conditions of Approval
Page 3 of 9
Section I:
Conditions Applicable to All
Departments
Page 4 of 9
3. Definitions. The words identified in the following list that appear in all capitals in
the attached conditions of Plot Plan No. PLN 20-0167 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. PLN 20-0167, dated
September 29, 2021.
APPROVED EXHIBIT G = Conceptual Grading Plan for Plot Plan No. PLN
20-0167, dated September 29, 2021.
APPROVED EXHIBIT B = Elevations, Roof Plan, and Floor Plans for Plot
Plan No. PLN 20-0167, dated September 29, 2021.
APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan for
Plot Plan No. PLN 20-0167, dated September 29, 2021.
APPROVED EXHIBIT M = Color and Materials Board for Plot Plan No. PLN
20-0167, dated September 29, 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. 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.
6. Mitigation Monitoring and Reporting Program. The developer shall comply with
the mitigation monitoring and reporting program ("MMRP") which is attached and
incorporated as part of these conditions of approval.
Page 5 of 9
7. Cause for 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.
8. 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.
9. 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.
10. Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
Page 6 of 9
Section II:
Community Development
Department Conditions of
Approval
Page 7 of 9
General Conditions
11. Comply with Ordinances. The development of these premises shall comply with
the standards of the City of Menifee Development Code and City of Menifee
Municipal Code and all other applicable ordinances and State and Federal codes
and regulations.
12. Compliance with Plot Plan No. PLN 20-0167. 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
day care and multi -family residential shall be in substantial conformance with those
approved for Plot Plan No. PLN 20-0167.
13. 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.
14. 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.
15. Statement and Hours of Operation. Typical hours of operation for the
proposed facility will be 7:OOAM to 6:OOPM, Monday — Friday and will be
closed on weekend and holidays.
16. Occupancy. The day care center will have a maximum capacity of 120
children (ranging in age from six [6] months to five [5] years) and 18 staff
members.
17. Licensing and Inspections. It is the responsibility of the applicant to
achieve and maintain all requisite permits and licensing, such as from the
Riverside County Department of Environmental Health and the California
Department of Social Services (CDSS).
18.Outdoor Area. An outdoor area not less than 75 square feet per child or
person receiving services (utilizing the outdoor area at any given time) shall
remain open and accessible throughout the life of the project. Based on the
anticipated maximum number of students that will utilize the outdoor area
at any given time (80), an outdoor area of not less than 6,000 square feet
shall remain in place (6,000 square feet proposed).
Page 8 of 9
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 9 of 9
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. PC21-552 was duly adopted by the Planning Commission
of the City of Menifee at a meeting thereof held on the 10 day of November 2021 by the following
vote:
Ayes:
LaDue, Madrid, White, Diederich
Noes:
None
Absent:
None
Abstain:
Thomas
MAP
"Sfe—phNie Roseen, CMC
Deputy City Clerk