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2021-12-15 City Council Item No. 12.1 Crossroads Presentation Regular MEETING - Additional Meeting MaterialsCity of Menifee City Council “Appeal of Crossroads Commercial Center” Plot Plan No. PLN 20-0273 Conditional Use Permit No. PLN 20-0272 Public Convenience & Necessity No. PLN 21- 0211 Tentative Parcel Map No. PLN 20-0275 •Appeal of Planning Commission’s approval of Plot Plan No. PLN 20-0273 •Submitted by Kassen Klein Consulting (Applicant’s representative) •Represented by Cox Castle Nicholson •Appeal application is requesting approval of project, but is requesting conditions be removed or modified: •COA #82, 147(b) & (d), and 168 Appeal No. PLN 21-0347 •Appeal of Planning Commission’s approval of Plot Plan No. PLN 20-0273 •Submitted by Gresham Savage (representative of owners of Newport Plaza shopping center) •Grounds for appeal: •Concerns regarding CEQA review related to raised median on Bradley Road; and •Application argues EIR should have been prepared and project conflicts with General Plan. Appeal No. PLN 21-0368 Project Location Plot Plan No. PLN 20-0273 proposes: •103,274 SF office/ retail center •Major A –37,400 SF specialty grocer •Shops 1 –8,200 SF •Shops 2 –8,500 SF •Office/Retail –7,750 SF •Office 2 -36,924 SF (2-story) •Pad A –4,500 SF restaurant •9.02 gross acres •404 parking spaces (310 required) Project Description Conditional Use Permit No. PLN 20-0272 proposes: •Drive-thru at Shops 2 Public Convenience & Necessity PLN 21-0211 proposes: •Findings required for sale of beer, wine and distilled spirits for off-premise consumption at Major A Project Description Tentative Parcel Map No. PLN 20- 0275 (TPM 37972) proposes: •9.02 gross acres •6 parcels •Range from 0.77 to 2.68 acres Project Description Site Layout •Pedestrian-oriented collection of shops •Multiple outdoor plazas •Focal accent pieces (public art) •Distinctive paving •Ornamental fixtures •Shade trees •Retail in south portion and office in north •Loading docks shielded •Sensitive to residents to the northeast Closest residencesLoading docks Outdoor plazas/seating Outdoor plazas/seating Public art Screen wall Circulation •Right-of-way improvements on Bradley, Newport and Park (most Newport Rd improvements already exist) •Driveways •2 on Bradley •1 on Newport •1 on Park •Raise median on Bradley which will lengthen southbound left-turn pocket to 350’ Landscaping •89,991 SF of landscaping provided •37,496 SF required •Two rows of perimeter trees •Building- adjacent trees •No large bioswales or basins (subsurface drainage and systems) Architecture Major A Architecture Pad A Restaurant Architecture Retail/ Office Architecture Shops 1 Architecture Shops 2 Architecture Office 2 Signs •One (1) 22.9 SF center ID sign •Two (2) 70.9 SF (two-sided) signs –Type A •One (1) 43.2 SF (2-sided) signs – Type B •One (1) 25 SF monument sign –Type C Signs Type A Type B Type C •A finding of PCN is a determination that additional licenses over the allowed number will not cause impact to the area •ABC requires the findings because they have determined there is an overconcentration of alcohol licenses in the census tract Public Convenience & Necessity •4 active permits •Chevron Extra Mile •Circle K •Menifee Liquor •99¢ Only Store •One inactive permit •Smart & Final •2 allowed Public Convenience & Necessity •Consistent with the General Plan and development code •Not interfere with the quiet enjoyment of the neighboring residential zoned properties •Not result in an excessive number of similar establishments •Primarily engaged in sale of common grocery store items •Public noticing within 1,000 feet including schools, parks or playgrounds Public Convenience & Necessity •Applicant expressed opposition to the four COAs they are currently appealing •Primary focus of discussion was on COA #147(b) (i.e., raised median) •Opposition from legal representative of owners of Newport Plaza (Gresham Savage) •Commission continued public hearing to October 13, 2021 •At October 13, 2021 hearing, Applicant’s representative (Cox Castle Nicholson) requested continuance Planning Commission August 25, 2021 •Applicant opposed the raised median •Gresham Savage submitted letter of opposition •Applicant verbally objected to four COAs associated with the Plot Plan •Staff recommended no modifications of the conditions to the Commission •At the hearing, Applicant’s requested a denial rather than approval with the four conditions •Commission approved IS/MND and the Project Planning Commission October 27, 2021 •COA #147(b) –Street Improvements (i.e., raised median) •Previous alternatives do not address safety concerns of the cumulative traffic volumes with the existing full access driveway. •Storage capacity for SB movement extends beyond driveway. •Condition will worsen and not sufficient ROW to accommodate left turn into Newport Plaza. •COA #168 –Traffic Impact Analysis Report •COA states additional improvements may be required. •Language is referring to incidental improvements during construction or minor deviations from the plans deemed necessary for public safety. Appeal No. PLN 21-0347 Appeal No. PLN 21-0347 •Appellant states Project was approved in violation of General Plan and CEQA •Staff offered possible alternative routes •With installation of proposed median, delivery trucks utilizing other streets would be most-direct route and would not violate CEQA •Alternative routes were designed as collectors capable of accommodating truck traffic •However, alternative route is not designated as an official truck route Appeal No. PLN 21-0368 •Appellant states alternatives were not analyzed •City Engineer contacted owner and GM of Newport Plaza after 8/25 hearing •On 9/30, Staff received a response •On 10/6, Staff met with Newport Plaza representative •Staff discussed reasons the median is necessary and how alternatives were found to be infeasible, including: •Left turn in off Newport Road •Shared access through the adjacent property to the north •Left turn in off Bradley Road Appeal No. PLN 21-0368 •Appellant states Project would generate significant traffic impacts •TIA discusses level of service for informational purposes only •Additional delay to an intersection of roadway segment is no longer an impact criteria under CEQA •TIA (which including analysis of the median) determined the Project would not result in significant impacts of any type •Appellant asserts incompatibility with surrounding land uses •Medians are commonly used for safety purposes •Access to Newport Plaza would not be fully restricted •City disagrees that Project would create illogical travel patterns •Appellant states that an EIR must be prepared •City respectfully disagrees •TIA fully disclosed all traffic-related impacts from the Project Appeal No. PLN 21-0368 •The public review period for the IS/MND was from July 29, 2021 through August 18, 2021 •Four comments received prior to August 25, 2021 hearing: •Cathy Thinnes •Roy Dewerks •Gresham Savage •Kassen Klein Consulting •One comment prior to October 13, 2021 hearing: •Cox Castle Nicholson •Two comments prior to October 27, 2021 hearing: •Cox Castle Nicholson •Gresham Savage •One comment prior to December 15, 2021 hearing: •Gresham Savage Environmental Review •Staff has reviewed all comment letters and provided additional clarification to issues of concern •Staff has determined that the project will not have a significant effect on the environment with incorporation of mitigation •Staff recommends adoption of an Initial Study/Mitigated Negative Declaration (IS/MND) Environmental Review Recommendation •Conduct public hearing; and •Deny Appeal No. 21-0347, which appeals the Planning Commission’s October 27, 2021 approval of Plot Plan No. PLN 20- 0273 and associated entitlements; and •Deny Appeal No. 21-0368, which appeals the Planning Commission’s October 27, 2021 approval of Plot Plan No. PLN 20- 0273 and associated entitlements; and •Adopt a Mitigated Negative Declaration. Recommendation •Approve Plot Plan No. PLN 20-0273 subject to the Conditions of Approval. •Approve Conditional Use Permit No. PLN 20-0275 subject to the Conditions of Approval. •Approve Public Convenience and Necessity No. PLN 21-0211. •Approve Tentative Parcel Map No. PLN 20-0275 subject to the Conditions of Approval. Questions?Thank You. •COA #82 –Security System: •Inserted per request of Menifee Police Department. •LPR cameras are an effective law enforcement tool and a proactive/preventative approach. •COA #147(b) –Street Improvements (i.e., raised median) •Previous alternatives do not address safety concerns of the cumulative traffic volumes with the existing full access driveway. •Storage capacity for SB movement extends beyond driveway. •Condition will worsen and not sufficient ROW to accommodate left turn into Newport Plaza. Appeal No. PLN 21-0347 •COA #82 –Security System: •Projects conditioned for LPR installation within the last 2 years: 1.Boulders at Normandy/Berea 2.Popeye’s on Newport 3.Newport Point at Newport/Evans 4.Motte Country Plaza at Palomar/Hwy 74 5.Menifee Montessori at Winterhawk/Newport 6.Encanto/McCall Gas & Retail Appeal No. PLN 21-0347 •COA #147(d) –Reconstruction or Resurfacing of Newport Rd, Bradley Rd, and Park Ave •Standard condition of approval. •Requires investigation of existing conditions of pavement. •Design would be tailored to that investigation. •Applicant has argued the language is not specific enough. •Without adequate evaluation, Staff requires the flexibility of the existing language. •COA #168 –Traffic Impact Analysis Report •COA states additional improvements may be required. •Language is referring to incidental improvements during construction or minor deviations from the plans deemed necessary for public safety. Appeal No. PLN 21-0347