16-545Resolution No. 16-545
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA (1) DENYING THE APPEAL FILED BY STEPHEN FRIEDER AND (2) ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE SHOPS AT NEWPORT WITHIN THE CAL
NEVA SPECIFIC PLAN
Whereas, on April 29, 2015, the applicant, BDG Architects, filed a formal
application with the City of Menifee for a Plot Plan for the construction and operation of a new 9,750 sq. ft. commercial retail building comprised of a 2,200 sq. ft. restaurant with drive-through, 3,490 sq. ft. of office space and 4,060 sq. ft. of retail space on a 1.77 acre
project site south of Newport Road, west of Bradley Road and east of Winterhawk Road within the City of Menifee; 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, between April 15, 2016 and May 6, 2016, the twenty-(20)-day public
review period for the draft IS/MND took effect, which was publicly noticed by a publication in a newspaper of general circulation, notice to owners within 1,000 feet of
the Project site boundaries, related agencies and government agencies; and
Whereas, on June 8, 2016, the Planning Commission of the City of Menifee held
a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Plot Plan No. 2015-099, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general
circulation, an agenda posting, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and
Whereas, on June 8, 2016, the Planning Commission of the City of Menifee adopted a Mitigated Negative Declaration for the Project by Resolution No. PC 16-263;
and Whereas, on June 20, 2016, Stephen Frieder with the Law Offices of Olivo and
Associates, on behalf of Mr. Ed Zadeh, appealed the Planning Commission’s decision, challenging the appropriateness of the Planning Commission’s environmental determination; 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, on August 3, 2016, the City Council of the City of Menifee held a
public hearing on the appeal of 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 publication in a newspaper of general circulation (The Press Enterprise), an
agenda posting, and notice to property owners within 1,000 feet of the Project boundaries, and to persons requesting public notice; and
Whereas, no evidence of new significant 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.
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Resolution No. 16-545 IS/MND for the Shops at Newport
August 3, 2016
NOW, THEREFORE, the City Council of the City of Menifee resolves as follows:
1. The recitals above are true and correct.
2. The City Council finds on the basis of the evidence presented and the whole record before it, including the staff report, Initial Study and the draft MND, and
any comments received, that there is no substantial evidence that the project, as mitigated, will have a significant effect on the environment.
3. The City Council hereby denies the appeal filed by Stephen Frieder of the Law Offices of Olivo and Associates.
4. The Mitigation Monitoring Plan (“MMP”), which is incorporated into the project’s Conditions of Approval and incorporated herein by reference, will assure compliance with the mitigation measures during project implementation.
5. The City Council further finds that the adoption of the MND reflects the City
Council’s independent judgment and analysis.
6. The MND, all documents referenced in the MND, and the record of proceedings
on which the City Council’s decision is based are located at City of Menifee City
Hall at 29714 Haun Road, Menifee, CA 92586 and the custodian of record of proceedings is the City of Menifee City Clerk.
7. The City of Menifee City Council adopts an MND for the project including but not limited to the Mitigation and Monitoring Plan as attached to the MND.
PASSED, APPROVED AND ADOPTED this the 3rd day of August, 2016.
_________________________
Scott A. Mann, Mayor
Attest:
___________________________ Sarah Manwaring, City Clerk
Approved as to form:
______________________________
Jeffrey Melching, City Attorney
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