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PC22-570RESOLUTION NO. PC 22.570 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING MAJOR MODIFICATION NO. PLN21-0393 FOR A QU|CK SERVTCE RESTAUR.ANT (GHTCK- F|L-A) LOCATED tN THE NEWPORT TOWNE SQUARE SHOPPTNG CENTER II AT THE SOUTHWEST CORNER OF HAUN ROAD AND NEW HUB DR|VE tN THE C|TY OF MENTFEE (APN 336-380-071) WHEREAS, on September 27 , 2017, the City of Menifee Planning Commission adopted Resolution No. 17-349 adopting a Mitigated Negative Declaration (MND) for Plot Plan No. 20'17-021, Conditional Use Permit (CUP) No. 2017 -277 and Administrative Relief No. 2017-276, which analyzed the environmental impacts for a 29,536 square foot grocery store, 17,000 square foot health club, and 8,700 square foot restaurant and determined the pOect's environmental impacts to be less than significant with mitigation incorporation; and WHEREAS, on December 7, 2021, the applicant, Chickjil-A, filed a formal application with the City of Menifee for the approval of Major Modification No. PLN21- 0393 for a revision to approved Plot Plan No.2O17-O21 lo replace the approved 8,700 square foot restaurant with a 4,929 square foot quick service restaurant, remove the approved 17,000 square foot health club and replace with parking, and revise on-site circulation ("Project"); and WHEREAS, the City of Menifee wishes to protect and preserve the quality of life throughout the City through effective land use and planning, and WHEREAS, Conditions of Approval have been prepared and attached hereto as Exhibit "4" ofthe resolution; and WHEREAS, on September 14,2022, the Planning Commission held a public hearing on the Project, considered all public testimony as well as all matenals in the staff report and accompanying documents for Major Modification No. PLN21-0393, 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, WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows: The City of Menifee's Planning Commission hereby makes the following findings for Ma.ior Modification No. PLN21-0393 in accordance with TitleI, Article 2, Chapter 9.80.070 "Findings for Approval" of the City of Menifee Development Code: The proposed project is consistent with the adopted General Plan and any applicable specific plan. The General PIan land use of the subject site is Specific Plan (Newport Hub Specific Plan No. 248). The intent of this land use designation is to recognize areas where an existing specific plan is in place and to provide Finding 1: Section 1 : Major Modification NO. PLN2'l-0393 September 14, 2022 policies, standards and criteria for the development or redevelopment of these areas. The Project proposes the construction and operation of a commercial retail shopping center which will be Phase ll of the existing Newport Towne Square commercial retail shopping center. The Project proposes to modify the originally approved plot plan (PP2O17 -021) by replacing the 8,700 square foot restaurant pad with a 4,929 square foot quick service restaurant, and removing the 17,000 square foot health club and replacing with additional parking and landscaping. The previously approved 29,536 square foot grocery store would remain part of the approval. Therefore, the Project is consistent with the General Plan. The Project is also consistent with the standards, policies and criteria of the Newport Hub Specific Plan No. 248. The Project is within Planning Area 1 of the Specific Plan which is intended for Retail Commercial uses, which is what the proposed Project would provide. Goals and ob.iectives of the Specific Plan include the following: . lntegrate the mix of /and uses and facilities for special compatibility and harmony.. Plan and phase comprehensive infrastructure to provide adequate seryice and preserve public health and safety.. Eslab/lsh and ensure cohesive srandards of quality to achieve a singular identity.c Provide a significant addition to the community featuring quality architecture, landscape and site designo Provide convenient shopping serylces for the greater Sun City/Menifee Area.. Deliver employment and revenue base in the community timed with population and ma*et demand. The Project will be compatible with the surrounding commercial and office uses. The necessary infrastructure is in place along Haun Road and New Hub Drive. The Project proposes a quality development that meets the standards of the Specific Plan and Code to be compatible with the identity of the Newport Hub Specific Plan and to provide good architecture, landscape design, and site design and layout. The Project will bring additional commercial shopping services to the area which has seen a lot of population growth and will help fill the market demand. ln addition, the prcject is cons,stent with the following City of Menifee General Plan policies: o LU-1.1: Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options. The Pro.ject will be the second phase of an existing commercial development located at one of the major intersections within the City. Commercial developments can be found on each corner of the intersection. The Project site is designated for commercial development by the General Plan; therefore, the Project site is considered to be a strategic location, it will create place and further the identity of the area. Much of the infrastructure is currently in place given the location and Major Modification NO. PLN21-0393 September 14, 2022 transit options are available with Riverside Transit Agency bus stops being located in the vicinity of the project on Newport Road. CD-3.5 Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the streel scene. Penmeter landscaping has been provided both on-site and off-site to visually screen the parking lot from surrounding roadways. CD-3.9 Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance community safety. The Projec{ site has been designed to limit concealed areas to allow for greater visibility and security. CD-3.10 Employ design slraregies and building materials that evoke a sense of quality and Wrmanence. The Prqect includes quality architectural features, including corniced/beveled parapet elements, decorative lighting, brick wainscotting, painted metal awnings over windows, vertical and horizontal wall and plane changes, wall mounted trellises and a varied paint palette. CD-3.14 Provide variations in color, texture, mateials, afticulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences. The architecture of the Project incorporates varied colors, recesses, material changes, varied roof lines, wall plane changes, accent materials, wall mounted trellis structures, and other architectural treatments that break up wall areas to avoid any long expanses of blank, monotonous walls. CD-6.4 Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desiable level of security and illumination. The Project included a photometric study that indicates adequate onsite lighting will be provided for security and visibility. ln addition to the photometric study, the applicant is proposing decorative down- shielded fre+.standing lighting. CD-6.5 Limit light leakage and spillage that may inbrtere 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. Major Modification NO. PLN21-0393 September 14, 2022 ED-2.1 Promote retail development by locating needed goods and se/vices in proximity to where resldenls live to improve quality of life, retain taxable spending by Menifee resrdents and attract resldents from outside the City to shop in Menifee. Locare businesses providing convenience goods and services rn retail centers that are on arterials adjacent to neighborhoods and communities throughout the City but not in rurc| residential areas. Encourage compaison goods buslnesses fo /ocale in larger retail centers located on major afterials near freeway interchanges, because bushesses that provide comparison g@ds tend to dnw customers from larger areas. The proposed Project would provide additional retail options and greater convenience to residential uses to the south and west of the site. The project locates retail business along a major Expressway (Newport Road). Consistencv with Multiple Species Habitat Conservation Plan (MSHCP) The City of Menifee has two (2) active conservation plans; the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The Project site is subject to both conservation plans. The Project site is located inside the Stephen's Kangaroo Rat (Dipodomys sfephensr) (SKR) Fee Area. Vvhile the Project is inside the boundaries of the MSHCP, the Project is not located within 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 Nos. 663 and 810.2 as adopted by the City of Menifee. Therefore, the Project will not conflict with the provisions of the adopted SKR-HCP, the MSHCP, or other approved local, regional, or State conservation plan. Finding 2: The proposed project meets all applicable standards for development and provisions of Title 9. The Project site is zoned Newport Hub Specific Plan, Planning Area 1 Retail/Commercial. Planning Area No. 1 of the Specific Plan refers back to the Scenic Highway Commercial (CPS) designation of Ordinance No. 348. The Pro.iect is consistent with the existing zoning and development standards found within the Specific Plan and the CPS zoning designation including but not limited to permitted uses, setbacks, landscaping, lighting, parking, and design. Surrounding zoning includes the Menifee Town Center Specific Plan (Office/Commercial) to the south, Newport Hub Specific Plan (Scenic Highway Commercial) to the east and north, and a flood control channel and Low Density Residential (LDR-2) to the west. These classifications are compatible with the Specific Plan (Newport Hub, PA 1, Scenic Highway Commercial (C-P-S)) zone of the project site. o o Major Modification NO. PLN21-0393 September 14, 2022 Finding 3:The establishment, maintenance, or operation of the proposed project will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City. The northwestern boundary abuts vacant parcels that are within Planning Area No.4 of the Newport Hub Specific Plan and are designated for industrial land uses. To the south and east of the Project site lies an existing America's Tire store and Haun Road. To the south is the existing Newport Towne Square Commercial Center (Phase 1) which includes restaurant uses. To the west is the 2oo-foot-wide Paloma Wash with single-family resident,al land uses beyond the wash 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. The proposed Project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The Project incorporates quality architecture and landscaping which will enhance lhe area and provide a buffer from the residential uses on the west across the Paloma Wash. Environmental impacts resulting from the project have been analyzed in the Addendum to the previously adopted lnitial Study/Mitigated Negative Declaration (2017 ISiMND). The 2017 ISiMND determined that potential impacts, would all be less than significant with the necessary mitigation incorporated and the Addendum confirms those conclusions. Therefore, the establishment, maintenance, or operation of the proposed Project is not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to persons residing or working in the neighborhood or incompatible with other properties or land uses in the vicinity. Major Modification NO. PLN21-0393 September 14, 2022 NOW, THEREFORE, the Planning Commission of the City of l\Ienifee resolves and orders as follows: The Findings set out above are true and correct. Major Modification No. PLN21-0393 is hereby approved subject to the Conditions of Approval in Exhibit "A" to this Resolution. PASSED, APPROVED AND ADOPTED this 14th day of September, 2022. 1 2 "il tul* David VVhite, Chairman , a a ng Deputy City Clerk Approved as to form Th , Assistant City Attorney