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PC23-605RESOLUTION NO. PC 23-605 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING MAJOR MODIFICATION NO. PLN23-0015 AND REVISION TO TENTATIVE PARCEL MAP NO. 37624 (2017-091), FOR PHASE II OF MCCALL SQUARE SHOPPING CENTER LOCATED NORTH OF MCCALL BOULEVARD, SOUTH OF EAST HERITAGE LAKE DRIVE, EAST OF JUNIPERO ROAD, AND WEST OF MENIFEE ROAD WITHIN MENIFEE, RIVERSIDE COUNTY, CA (APNS: 333-070-092, -093) WHEREAS, on February 15, 2023, applicant, Dan Long, filed a formal application with the City of Menifee requesting to modify the previously approved Plot Plan ("PP") No. 2017-090 and Tentative Parcel Map ("TPM") No. 37624 (2017-091) located in Phase II of the McCall Square Shopping Center, previously approved as Heritage Square Shopping Center (collectively, "Project" or "Major Modification"). The Major Modification proposes to replace the pharmacy with a quick serve restaurant and drive-thru, modify the circulation and parking around the grocer, and add Pad E, which is approximately 4,000 square feet of building area. The updated parking count for Phase II is approximately 360 parking stalls. Phase II will decrease the total building area by 6,730 square feet; and WHEREAS, the McCall Square Commercial Retail Shopping Center, formerly Heritage Square Shopping Center, was originally approved by the City of Menifee City Council under PP No. 2017-090, TPM No. 37624 (2017-091), Conditional Use Permit ("CUP") No. 2017-089, and CUP No. 2018-250, on January 16, 2019, which was approved for a commercial retail shopping center which included 150,541 square foot self -storage facility, 6,100 square feet of restaurants, 3,500 square foot quick serve restaurant, with drive-thru, a 3,500 square foot gas station with a 4,855 square foot fueling canopy, and convenience store including drive-thru carwash, and a 14,600 square foot pharmacy including drive-thru on 15.58 acres; and WHEREAS, on September 27, 2023, the City of Menifee Planning Commission held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Major Modification No. PLN23-0015 for which a hearing was publicly noticed by publication in the Press Enterprise, a newspaper of general circulation, an agenda posting, on -site posting, and notice to property owners within 300 square feet of the project boundaries, and to persons requesting public notice; and WHEREAS, at the September 27, 2023, Planning Commission public hearing, based upon the materials in the staff report and accompanying documents, public comments, and Planning Commission discussion, the City of Menifee Planning Commission recommended approval of the Major Modification revisions to McCall Square Shopping Center. NOW, THEREFORE BE IT RESOLVED, the Planning Commission of the City of Menifee makes the following Findings: Per the Menifee Municipal Code (MMC), a Major Modification to a previously approved project does not require new Findings to be made. The originally approved project Findings as provided in Resolutions Nos. 18-760 (TPM No. 37624), 18-761 (PP), 18-762 (CUP), and 18-763 (CUP), still apply to the Project for McCall Square, previously MJR MOD No. PLN23-0015 for TPM37624 September 27, 2023 approved as Heritage Square Shopping Center under PP No. 2017-090, TPM No. 37624 (2017-091), CUP No. 2017-089, and CUP No. 2018-250. Section 1: Consistency with the General Plan. The Major Modification is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The proposed Major Modification will amend the previously approved shopping center by reducing the overall amount of building square footage by 6,730 square feet, with the most prominent changes being Pad D from a pharmacy use to a quick serve restaurant with a drive through, and the addition of Pad E which will provide shopping and restaurant uses. The previously approved overall architectural design of the shopping center did not change from what was approved; however, the proposed quick serve restaurant proposed for Pad D will be consistent with the existing colors, materials, and texture palette of the project site. The General Plan is designated Commercial Retail (CR). This designation encourages commercial service and commercial retail related uses that support neighboring residential communities. The existing surrounding General Plan Land Use designations are 8.1-14 Residential dwelling units per acre to the north, Menifee Valley Ranch Specific Plan to the east, and Commercial Retail to the west and south of the Phase II project site. Phase I shall remain as approved and consistent with the General Plan. The Major Modification (PLN23-0015) requested under the application submittal is consistent with the justifiable allowances within the MMC and is consistent with the general plan land use designation of Commercial Retail (CR). 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. The proposed shopping center will have approximately 427 parking spaces throughout the Project site, but more specifically, 360 parking spaces within Phase II of the Project. The proposed parking areas will be adequately screened from neighboring roadways through a combination of landscaping and wall/fencing elements. The shopping center will also incorporate various pieces of art throughout the complex. Below are images of the proposed architectural design of the Major A Market, shops, restaurants, and the proposed quick -serve drive-thru restaurant proposed for Pad D. Building Design • CD-3.10 — Employ design strategies and building materials that evoke a sense of quality and permanence. The design materials proposed for the shopping center will keep with the original approval of the Project proposing earth tones for base, building MJR MOD No. PLN23-0015 for TPM37624 September 27, 2023 and accent colors. Stone veneer along the base and on column features. Awnings and landscape trellis elements will be utilized to break up building massing. Tower elements will utilize decorative bracing features which will give the appearance of supporting tower elements. Exterior walls and roofing elements will consist of various shades of tan and brown. 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. Phase II of the shopping center as well as the entire shopping center will provide adequate pedestrian, vehicular pathways and circulation and an efficient landscape concept within the interior and perimeter of the development. Additionally, a Class II bike lane is proposed along McCall Boulevard and Menifee Road and the site proposes 35+ parking spaces for bicycles throughout the development. Policies ED-2.1 — Promote retail development by locating needed goods and services in proximity to where residents live to improve quality of life, retain taxable spending by Menifee residents, and attract residents from outside the city to shop in Menifee. o Locate businesses providing convenience goods and services in retail centers that are on arterials adjacent to neighborhoods and communities throughout the city but not in rural residential areas. o Encourage comparison goods businesses to locate in larger retail centers located on major arterials near freeway interchanges, because businesses that provide comparison goods tend to draw customers from larger areas. The Phase II portion of the commercial retail shopping center proposes a 46,800 square foot market, 9,300 square feet of retail shops, 4,270 square foot quick serve restaurant with drive through, and 4,000 square feet of shopping and restaurant space. The proposed commercial shopping center will provide a variety of additional retail options and serve as a convenience to the surrounding existing and proposed residential communities. ED-2.2 — Require regional districts to provide entertainment and dining in addition to retail sales and services to create destinations prepared to withstand e-commerce's increasing capture of retail spending. These districts should create a pedestrian -friendly human -scale atmosphere with street furniture, shading, and gathering spaces that enhance the experience of shopping and socializing. o Local retail centers (primarily intended to serve Menifee residents), need not necessarily provide dining and MJR MOD No. PLN23-0015 for TPM37624 September 27, 2023 entertainment, but shall provide street furniture, shading pedestrian -circulation, and gathering spaces that enhance the experience of shopping. The shopping center will include a major market and retail commercial located adjacent to the major market and to Pad E at the southwest portion of Phase II. Pad D proposes a quick serve restaurant including drive-thru. The proposed landscaping concept meets the City's standards for parking lot shading and provides pedestrian connectivity throughout the Project site. The proposed Project includes gathering areas with seating, fountains and building artwork to enhance the shopping experience. N-1.1 — Assess the compatibility of proposed land uses with the noise environment when preparing, revising, or reviewing development project applications. • N-1.2 — Require new projects to comply with the noise standards of local, regional, and state building code regulations, including but not limited to the MMC, Title 24 of the California Code of Regulations, the California Green Building Code, and subdivision and development codes. During the environmental review of the Project, an acoustical analysis which analyzed impacts on surrounding sensitive land uses (residential, educational, churches, etc.) determined that the impacts generated during the construction and operational phases of the Project would be less than significant pursuant to the California Environmental Quality Act ("CEQA"). The Project includes conditions to comply with the recommendations of the acoustical analysis and Mitigation Monitoring and Reporting Plan ("MMRP"). Consistency with Multiple Species Habitat Conservation Plan ("MSHCP") The City of Menifee has two 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 proposed Project is located within the boundaries of the Western Riverside County MSHCP; 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 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 and the impact is considered less than significant. Section 2: Consistency with the Zoning Code. The Major Modification is consistent with the zone designation, and applicable development standards within the zone designation. MJR MOD No. PLN23-0015 for TPM37624 September 27, 2023 The Project is for the Phase II portion of a retail shopping center which includes a major market, shops, restaurants, and quick serve restaurants with drive-thru. The zoning for the site is Commercial Retail (CR) and is intended for neighborhood -oriented commercial retail uses, which is consistent with the General Plan designation of Commercial Retail (CR). Surrounding zoning classifications include developed areas of Medium Density Residential (MDR) to the north, Menifee Valley Ranch Specific Plan to the east, and Commercial Retail (CR) to the south and west of the Project site. Therefore, the Project meets all the development standards required by the MMC and is consistent with the zoning classification and General Plan Land Use designation. Section 3: Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of CEQA. A final Initial Study and Mitigated Negative Declaration ("IS/MND") was prepared for McCall Square Shopping Center, PP No. 2017-090, CUP No. 2017-089, CUP No. 2018-250, and TPM No. 37624 (2017-091) and was adopted by the Planning Commission on January 16, 2022. Based on CEQA Guidelines, Sections 15162 through 15164, staff has determined that the previously adopted IS/MND has adequately identified the impacts associated with McCall Square Shopping Center, and that no previously reviewed impact areas have changed and therefore, no additional analysis is required. In addition, the Project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites). The Planning Commission of the City of Menifee approves Major Modification No. PLN23-0015 subject to the Conditions of Approval in the attached resolution. PASSED, APPROVED AND ADOPTED this the 27th day of September 2023. ue. Chairman Attest: 0 achel Valencia, Administrative Assistant Approved as to form: Thai1'han, Assistant City Attorney EXHIBIT 661" CONDITIONS OF APPROVAL Planning Application No.: PLN23-0015, Major Modification for McCall Square Project Description: Major Modification No. PLN23- 0015 is a request to modify the previously approved Plot Plan ("PP") No. 2017-090 and Tentative Parcel Map ("TPM") No. 37624 (2017-091) located in Phase II of the McCall Square Shopping Center, previously approved as Heritage Square Shopping Center. The Major Modification proposes to replace the pharmacy with a quick serve restaurant and drive-thru, modify the circulation and parking around the grocer, and add Pad E, which is approximately 4,000 sq. ft of building area. The updated parking count for Phase II is approximately 360 parking stalls. Phase II will decrease the total building area by 6,730 sq. ft. Below is the proposed building area square footage for the east side of McCall Square (Phase II): Major Market A: 46,800 sq. ft. (increased by 1,800 sq. ft.), Shops adjacent to Major Market 9,300 sq. ft. (decreased by 1,700 sq. ft.), Pad D Drive-Thru Quick Serve Restaurant: 4,270 sq. ft. (formerly Pharmacy, decreased by 10,330 sq. ft.), and a new PAD E Restaurants and shops: 4,000 sq. ft. Additionally, the Project proposes a revision to TPM No. 37624 (2017-091) which was approved as part of the original project. At the time of the approval, the TPM was proposed to be developed in two phases consisting of seven commercial parcels. As part of the request for the Major Modification, parcel 8 will be added to Phase II and establish Pad E as part of the development of 4,000 sq. ft. of building area for restaurants and shops. The Phase II portion of the TPM has not been recorded, and therefore, the revision to the TPM is the adequate approval process. The project site is located within the City of Menifee. The site is located north of McCall Road, east of Junipero Road and west of Menifee Road. Assessor's Parcel No.: 333-070-092, 333-070-093 MSHCP Category: Commercial DIF Category: Commercial/Retail TUMF Category: Retail — Service Station (Applicant should contact WRCOG to determine fee category) Quimby Category: N/A Page 1 of 10 Approval Date: September 27, 2023 Expiration Date: January 16, 2024 (Original Approval Expiration) Within 48 Hours of the Approval of This Project 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division, a cashier's check or money order made payable to the City of Menifee in the amount of fifty dollars ($50) for the County administrative fee, to enable the City to file the Notice of Determination (NOD) for the project within forty-eight (48) hours of the approval of the project. 2. 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. Page 2 of 10 Section I: Community Development Conditions of Approval Section II: Engineering/Grading/Transportation Conditions of Approval Section III: Riverside County Fire Department Conditions of Approval Page 3 of 10 Section I: Community Development Conditions of Approval Page 4 of 10 General Conditio 1. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of Major Modification No. PLN23-0015 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 PLN23-0015, dated September 5, 2023. APPROVED EXHIBIT G = Conceptual Grading Plan for PLN23-0015, dated August 17, 2023. APPROVED EXHIBIT B = Elevations, Roof Plan for PLN23-0015, dated August 17, 2023. APPROVED EXHIBIT C = Floor Plans for PLN23-0015, dated August 17, 2023. APPROVED EXHIBIT = Tentative Parcel Map No. 37624, dated August 17, 2023 APPROVED EXHIBIT L = Conceptual Landscaping and Irrigation Plan for PLN23- 0015, dated September 5, 2023. 2. Comply with Previous Conditions of Approval. The development of this Major Modification shall comply and adhere to the previously approved Conditions of Approval for McCall Square Shopping Center, formerly Heritage Square Shopping Center, under PP No. 2017-090, TPM No. 37624 (2017-091), Conditional Use Permit ("CUP") No. 2017-089, and CUP No. 2018-250. 3. Comply with Ordinances. The development of these premises shall comply with the standards of the City of Menifee Municipal Code and all other applicable ordinances and State and Federal codes and regulations. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, C, B, G, L, otherwise amended by these Conditions of Approval. 4. Security Systems. Prior to the final occupancy, the applicant shall prepare a security plan for the site. The security plan for this project shall include a comprehensive security camera system that clearly depicts the entire parking field. This security camera system shall be based in one of the buildings containing the management office for this development, or inside a security office located within one of the retail buildings or other places acceptable to the Menifee Police Department, that is accessible to law enforcement at all times of the day and night. This security camera system shall have a recording capacity to minimally save footage for the period of one month. The above camera surveillance system shall include LPR (License Plate Recognition) cameras installed at the entrances/exits to this project. LPR cameras are cameras specifically designed to read and record vehicle license plates as they enter and exit this complex. It should be noted that high quality day/night vision LPR cameras are relatively inexpensive. The plan shall be approved prior to final occupancy. The Menifee Police Department, and/or Community Development Department shall also verify that the security system has been installed prior to final occupancy. Page 5 of 10 Section II: Engineering/Grading/Transportation Conditions of Approval Page 6 of 10 The following are the Public Works Engineering Department Conditions of Approval for this Project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards, specifications and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. A. GENERAL CONDITIONS: 5. Engineering Conditions for Major Modification. The following conditions apply to the Major Modification for McCall Square Phase II (PLN23-0015). The previous Conditions of Approval for the project remain applicable unless superseded specifically herein, including the TPM No. 37624 (2017-091), PP No. 2017-090, Unit Phasing Map No. 2019-048, and the Minor Modification for Phase 1 B (PLN22- 0275). Current City Ordinances and Policies are applicable and should be reflected in the design and construction of the Project, unless otherwise modified by the Project Conditions of Approval. STREET IMPROVEMENTS AND TRAFFIC ENGINEERING 6. Traffic Impact Analysis Report. The development shall comply with all the mitigation measures identified to be constructed or provided in the approved Traffic Impact Analysis ("TIA"), dated August 2, 2018 prepared by Albert A Webb Associates, and the Trip Generation Memorandum for the McCall Square Project dated March 23, 2023 prepared by Albert A Webb Associates. The developer / property owner shall be responsible for all improvements, such as but not limited to; right-of-way frontage improvements, traffic signal construction or mitigation, fair share fees, required or identified in the approved traffic study and according to these Conditions of Approval. All required improvements identified in the study shall be included in all improvement plans for review and approval by PW- Engineering. Additional improvements may be required to address public safety and welfare, as determined by the City Engineer / PW Director. 7. Fair Share Costs. This project is required to contribute fair share costs as outlined in the March 23, 2023 Trip Generation Memorandum for associated intersection and roadway geometric improvements with respect to ultimate roadway improvements. The fair share cost estimates for geometric improvements shall be prepared by the developer / property owner and based on conceptual exhibits. The conceptual exhibits shall show the proposed improvements overlaid onto the existing roadway in order to determine the construction cost of said improvement. The cost estimates shall be submitted to the Public Works / Engineering department for review and approved prior to issuance of any building permit. The fair share costs shall be paid prior to issuance of any certificate of occupancy. Page 7 of 10 Section III: Riverside County Fire Department Conditions of Approval Page 8 of 10 8. Surface Load and Capabilities. Fire apparatus access roads shall be designed to support the impose loads of fire apparatus [75,000 pound live load (gross v75,000-poundght) distributed over two axles] and shall be surfaced so as to provide all-weather driving capabilities [rear wheel drive apparatus] for the length and grade(s) of the fire apparatus access road. The fire apparatus access road shall be reviewed and approved by the Office of the Fire Marshal and in place during the time of construction. (CFC 501.3) 9. Fire Apparatus Access. Roads shall have an unobstructed width of not less than twenty—four (24) feet as approved by the Office of the Fire Marshal and an unobstructed vertical clearance of not less the thirteen (13) feet six (6) inches. (CFC 503.2.1) 10. Fire Department Access. Fire apparatus access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 11. Turn Around. Turn arounds shall be provided to all building sites on fire apparatus access roads over 150 feet in length and shall be within 50 feet of the building. The minimum outside turning radius for a turnaround shall be 38 feet, not including parking. If a hammerhead is used instead, the top of the "T" shall be a minimum of 110 feet in length. 12. Sprinkler System. Buildings or structures exceeding 3600 sq. ft are required to have approved CFC and NFPA 13 compliant fire sprinkler systems installed. 13. Hydrants. The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with the C.F.C. and NFPA 24. Fire hydrants shall be located no closer than 40 feet from a building. A fire hydrant shall be located within 200 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are (6" x 4" x 2 '/2" x 2 '/2") (CFC 507.5.1, 507.5.7, Appendix C, NFPA 24-7.2.3) 14. Blue Dot Reflectors. Blue retro- reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 15. Water Flow. Minimum fire flow for the construction of all commercial buildings is required per CFC Appendix B and Table B105.1. Prior to building permit issuance, the applicant/developer shall provide documentation to show there exists a water system capable of delivering the fire flow based on the information given. Subsequent design changes may increase or decrease the required fire flow. 16. Knox. Prior to issuance of a Certificate of Occupancy or Building Final, a "Knox Box Rapid Entry System" shall be provided. The Knox -Box shall be installed in an accessible location approved by the Fire Code Official. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access by emergency personnel. (CFC 506.1) Page 9 of 10 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 10 of 10 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Rachel Valencia, Administrative Assistant of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC23-605 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 27th day of September, 2023 by the following vote: Ayes: Diederich, Long, Madrid, Thomas, LaDue Noes: None Absent: None Abstain: None a G achel Valencia, Administrative Assistant