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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