PC24-625RESOLUTION NO. PC 24-625
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING MAJOR PLOT PLAN NO.
PLN23-0126, CONDITIONAL USE PERMIT NO. PLN23-0127,
VARIANCE NO. PLN23-0214, AND MINOR EXCEPTION NO. PLN24-
0030 FOR A NEW BURGER KING RESTAURANT GENERALLY
LOCATED AT THE NORTHEAST CORNER OF MCCALL
BOULEVARD AND BRADLEY ROAD (APN: 335-202-001)
WHEREAS, on July 26, 2023, the applicant, Gabriela Marks, on behalf of Marks
Architects, filed a formal application with the City of Menifee for a Major Plot Plan (PP)
No. PLN23-0126 for construction of a new 2,158 square -foot quick -serve restaurant
(Burger King) and full site improvements including site landscaping and parking lot,
Conditional Use Permit (CUP) No. PLN23-0127 to allow for a quick -serve restaurant
with associated drive-thru facilities within the Economic Development Corridor — McCall
Boulevard (EDC-MB), Variance (VAR) No. PLN23-0214 for the elimination of the 5-foot
perimeter landscape strip requirement adjacent to parking and drive-thru and reducing
the distance requirement from the driveway right-of-way property line to the first parking
space from 30 feet to 18 feet along Bradley Road, and Minor Exception (ME) No.
PLN24-0030 for the reduction of the total parking required from 19 to 17 parking
spaces; and
WHEREAS, the proposed Project was reviewed and has been determined to be
Categorically Exempt under the California Environmental Quality Act (CEQA)
Guidelines, Section 15303 ("New Construction or Conversion of Small Structures"); and
WHEREAS, on March 13, 2024, the Planning Commission of the City of
Menifee held the public hearing on the Project considered all public testimony as well
as all materials in the staff report and accompanying documents for the Project, 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 300 feet of
the Project boundaries, and to persons requesting public notice and on -site posting.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Menifee makes the following Findings:
Section 1: The City of Menifee's Planning Commission hereby makes the following
findings for PP No. PLN23-0126 in accordance with Title 9, Article 2,
Chapter 9.80.070 "Findings for Approval" of the City of Menifee
Development Code:
Findings 1: The proposed project is consistent with the adopted General Plan and any
applicable specific plan.
Consistency with General Plan
The proposed Project site zoning classification and General Plan Land
Use designation is Economic Development Corridor — McCall Boulevard
(EDC-MB). The McCall Boulevard subarea is intended for neighborhood -
oriented commercial, and medical office uses that support residential
communities and development in the vicinity of this major traffic corridor.
The quick -service restaurant will serve the adjacent residential
communities and local businesses. The Project is consistent with the
General Plan Land Use designation and is compatible with surrounding
General Plan land uses.
Burger King
March 13, 2024
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 proposed Project is 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 and therefore, the
Project site is considered to be a strategic location. Much of the
infrastructure is currently in place given the location and transit
options are available with Riverside Transit Agency bus stops being
located near the vicinity off Bradley Road and Cherry Hills Boulevard
LU-2.1: Promote infill development that complements existing
neighborhoods and surrounding areas. Infill development and future
growth in Menifee is strongly encouraged to locate within EDC areas
to preserve the rural character of rural, estate, and small estate
residential uses.
The proposed restaurant is proposed in an infill parcel that
accommodates this type of development and it complements the
surrounding areas.
• 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 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 proposed Project site has been designed to limit concealed
areas to allow for greater visibility and security.
CD-3.10 Employ design strategies and building materials that
evoke a sense of quality and permanence.
The proposed Project includes quality architectural features,
including exterior porcelain tile, exterior finish stone, decorative
lighting, brick, metal coping, and vertical and horizontal wall and
plane changes.
• CD-3.14 Provide variations in color, texture, materials, articulation,
and architectural treatments. Avoid long expanses of blank,
monotonous walls or fences.
The architecture of the proposed Project incorporates varied colors,
recesses, material changes, varied roof lines, wall plane changes,
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March 13, 2024
accent materials, 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 desirable level
of security and illumination.
The proposed Project includes a photometric study that indicates
adequate onsite lighting will be provided for security and visibility.
• CD-6.5 Limit light leakage and spillage that may interfere with the
operations of the Palomar Observatory.
The proposed 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.
• 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 proposed Project would provide additional retail options and
greater convenience to residential uses to the north and west of the
site. The proposed Project locates retail business along a major four-
way road lane (McCall Boulevard).
Consistency with Multiple Species Habitat Conservation Plan (MSHCP)
The City of Menifee has two 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 (SKR) (Dipodomys stephens►) Fee Area. While 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.
Burger King
March 13, 2024
Findings 2: Consistency with the Development Code. The Plot Plan meets all
applicable standards for development and provisions of the Development
Code:
The Project site Zoning classification and General Plan Land Use
designation is EDC-MB. As previously stated, the McCall Boulevard
Subarea is intended for neighborhood -oriented commercial, and office
uses that support residential communities and development in the vicinity
of this major traffic corridor. A quick -serve restaurant with drive-thru
facilities may be permitted within the EDC-MB Subarea with the approval
of a CUP. The General Plan Land Use designation and Zoning
classification of the Economic Development Corridor are consistent and
compatible with one another.
The proposed Project meets all applicable standards of development and
operation of the City's Zoning Code, including any applicable specific use
regulations with approval of the VAR and ME. The Project meets all the
Development Code standards of Title 9, including but not limited to,
parking requirements, setbacks, landscape coverage, floor area ratio
(FAR) and height requirements of the EDC-MB zone.
The proposed Project is compatible with the surrounding land uses,
General Plan Land Use designations, and Zoning classifications subject
to Planning Commission approval. The Project incorporates architecture
and landscaping which will enhance the area.
Findings 3: Surrounding Uses. 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 Project is compatible with the surrounding land uses, General Plan
Land Use designations, and Zoning classifications and is adequately
designed and located to accommodate the proposed uses. As noted
above in Findings 1 and 2, the Project includes uses that are compatible
and serve surroundings residents and businesses.
The Project has been reviewed by a variety of Departments to ensure
compliance with applicable regulations, including, but not limited to City of
Menifee Community Development Department, Engineering and Public
Works Department, Menifee Police Department, Office of the Fire Marshal
and Riverside County Environmental Health Department. These
Departments have also provided conditions of approval as appropriate to
ensure compliance with applicable regulations.
Therefore, the proposed 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.
The proposed Project is consistent with the Zoning Code.
Findings 4: Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of CEQA.
Burger King
March 13, 2024
The proposed Project is determined to be Categorically Exempt under
Section 15303, "New Construction or Conversion of Small Structures"
under CEQA and CEQA Guidelines. This exemption is for the construction
and location of limited numbers of new, small facilities or structures,
installation of small new equipment and facilities in small structures, and
the conversion of existing small structures from one use to another where
only minor modifications are made in the exterior of the structure. The
numbers of structures described in this section are the maximum allowable
on any legal parcel. Examples of this exemption include, but not limited to,
a store, motel, office, restaurant or similar commercial or institutional
structure not involving the use of significant amounts of hazardous
substances, and not exceeding 2,500 square feet in floor area. In
urbanized areas, the exemption also applies to up to four such commercial
buildings not exceeding 10,000 square feet in floor area on sites zoned for
such use, if not involving the use of significant amounts of hazardous
substances where all necessary public services and facilities are available,
and the surrounding area is not environmentally sensitive. The proposed
structure does not exceed 2,500 square feet and the restaurant's use will
not involve the use of significant amounts of hazardous substances nor is
the proposed Project located within an environmentally sensitive area.
Lastly, public services and facilities will be available to the proposed
Project.
Section 2: The City of Menifee's Planning Commission hereby makes the following
findings for the requested CUP No. PLN23-0127 in accordance with Title
9, Article 2, Chapter 9.40.070 "Findings for Approval" of the City of Menifee
Development Code:
Findings 1: Consistency with the General Plan. The proposed design and location of
the conditional use is consistent with the adopted General Plan and any
applicable specific plan:
The Project site Zoning classification and General Plan Land Use
designation is EDC-MB. The McCall Boulevard Subarea is intended for
neighborhood -oriented commercial, and medical office uses that support
residential communities and development in the vicinity of this major traffic
corridor. The drive -through restaurant will serve the adjacent residential
communities and local businesses. The Project is consistent with the
General Plan Land Use designation and is compatible with surrounding
General Plan land uses. See Finding 1 for the Plot Plan application for
additional justification.
Findings 2: The proposed design and location of the conditional use meet all
applicable standards of development and operation of the City's Zoning
Code, including any applicable specific use regulations.
The Project site zoning classification and General Plan Land Use
designation is EDC-MB. The purpose of the Economic Development
Corridor is to establish business districts in the City that provide appropriate
locations for commercial, office, industrial and economic development. The
purpose of the McCall Road Subarea is to provide a buffer and transition
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March 13, 2024
from the commercial corridor to the adjacent single-family residential
neighborhoods.
The General Plan Land Use designation and Zoning classification of the
Economic Development Corridor are consistent and compatible with one
another. A quick -serve restaurant may be permitted within the EDC-MB
Subarea with the approval of a CUP. The proposed Project meets all
applicable standards of development and operation of the City's Zoning
Code, including any applicable specific use regulations with approval of
the VAR and ME applications. The Project meets all the Development
Code standards of Title 9, including but not limited to, parking
requirements, setbacks, landscape coverage, FAR, and height
requirements of the EDC-MB zone. The Project is compatible with the
surrounding land uses, General Plan Land Use designations, and Zoning
classifications subject to Planning Commission approval.
Findings 3: That the proposed site is adequate in size and shape to accommodate the
conditional use in a manner that is compatible with existing and planned
uses in the vicinity.
As previously stated, the McCall Boulevard Subarea is intended for
neighborhood -oriented commercial, office uses that support residential
communities and development in the vicinity of this major traffic corridor.
The small size and irregular shape of the property makes it a challenging
site to develop, therefore the VAR and ME are needed to accommodate
the use. The use is consistent with similar uses in the area and
throughout the City. The use was analyzed and has been found to be
consistent with other uses in the vicinity.
Findings 4: 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 is compatible with the surrounding land uses, General Plan
Land Use designations, and Zoning classifications and is designed and
located to accommodate the proposed use. As noted above in Findings 1
and 2, the Project includes uses that are compatible and serve
surroundings residents and businesses.
The Project has been reviewed by a variety of Departments to ensure
compliance with applicable regulations, including, but not limited to City of
Menifee Community Development Department, Engineering and Public
Works Department, Menifee Police Department, Office of the Fire
Marshal and Riverside County Environmental Health Department. These
Departments have also provided conditions of approval as appropriate to
ensure compliance with applicable regulations.
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. The
Project is consistent with the Zoning Code.
Burger King
March 13, 2024
Findings 5: Compliance with CEQA. Processing and approval of the permit
application are in compliance with the requirements of CEQA.
The project is determined to be Categorically Exempt under Section
15303, "New Construction or Conversion of Small Structures" under the
CEQA and CEQA Guidelines. This exemption is for the construction and
location of limited numbers of new, small facilities or structures,
installation of small new equipment and facilities in small structures, and
the conversion of existing small structures from one use to another where
only minor modifications are made in the exterior of the structure. The
numbers of structures described in this section are the maximum
allowable on any legal parcel. Examples of this exemption include, but not
limited to, a store, motel, office, restaurant or similar commercial or
institutional structure not involving the use of significant amounts of
hazardous substances, and not exceeding 2,500 square feet in floor area.
In urbanized areas, the exemption also applies to up to four such
commercial buildings not exceeding 10,000 square feet in floor area on
sites zoned for such use, if not involving the use of significant amounts of
hazardous substances where all necessary public services and facilities
are available, and the surrounding area is not environmentally sensitive.
The proposed structure does not exceed 2,500 square feet and the
restaurant's use will not involve the use of significant amounts of
hazardous substances nor is the project located within an environmentally
sensitive area. Lastly, public services and facilities will be available to the
proposed Project.
Section 3: The City of Menifee's Planning Commission hereby makes the following
findings for the requested VAR PLN23-0214 in accordance with Title 9,
Article 2, Chapter 9.110.070 "Findings for Approval" of the City of Menifee
Development Code:
Findings 1: Because of special circumstances applicable to the property (size, shape,
topography, location or surroundings) or the intended use of the property,
the strict application of the standards of this Title deprives the property of
privileges enjoyed by other properties in the vicinity in the same zone.
The EDC-MB zoning requires a 5-foot landscape buffer from the property
lines and parking or drive aisle, as well as a 30-foot setback from the
right-of-way line to the first parking space. However, due to the site's
limitations, such as size and configuration (including but not limited to
shape, adjacent development/streets, corner lot, and location of access
points), it may not be feasible to meet these requirements. The General
Plan Circulation Element requires an additional 12-foot dedication along
Bradley Road, restricting the developable area of the parcel. The
additional five feet of landscaping would make it extremely challenging to
meet other development standards required by the Code. The additional
dedication required is for the future widening/build-out condition. In the
near term, existing street improvements would remain at the same
location including the existing landscape setback along Bradley Road.
The field condition would provide landscaping adjacent to the drive -aisle
as required by Code, but it is not located five feet behind the property line
because of the additional dedication required by the General Plan. The
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March 13, 2024
30-foot setback from the right-of-way line to the first parking space at the
rear/Bradley Road drive aisle is not met due to the same reasons listed
above.
Finding 2: Granting of the Variance is necessary for the preservation and enjoyment
of a substantial property right possessed by other properties in the vicinity
in the same zone.
Other properties in the area have not been required to provide additional
dedication resulting in a reduced developable area. Therefore, the granting
of the VAR is necessary for this property to enjoy the same property rights
of the adjacent properties. The adjustment of the setback still allows for off
site landscaping and maintains a buffer of approximately 16 feet from the
drive-thru and the sidewalk which will still be consistent with the
surrounding area. The setback from the driveway to the nearest parking
stall, will still maintain an adequate distance from vehicles entering and
exiting the driveway.
Finding 3: Granting of the Variance will not be materially detrimental to the public
health, safety and/or welfare, or injurious to property or improvements.
The granting of the VAR will not be materially detrimental to the public
health, safety and/or welfare, or injurious to property or improvements. The
Project has been reviewed by the different Departments to ensure
compliance with applicable regulations, including, but not limited to City of
Menifee Community Development Department, Engineering and Public
Works Department, and Office of the Fire Marshal. These Departments
have also provided conditions of approval as appropriate to ensure
compliance with applicable regulations.
Finding 4: Granting of the Variance does not constitute a special privilege inconsistent
with the limitations upon other properties in the vicinity and zone in which
the property is located.
As mentioned in Findings 1 and 2 above, the VAR is needed due to the lot
site constraints that limit the area of development. The granting of this
VAR will not constitute a special privilege since other properties in the
vicinity are developed with similar conditions.
Finding 5: Granting of the Variance does not allow a use or activity which is
prohibited by the zone in which the property is located.
The requested VAR will be for the reduction of the 5-foot onsite landscape
buffer after the dedication on Bradley Road and the adjustment of the
onsite driveway entrance on Bradley having a set back of 18 feet instead
of 30 feet. The establishment of a quick -serve restaurant is permitted use
through a CUP in the EDC-MB Zoning/General Plan Land Use
designation.
Finding 6: Granting of the Variance will not be inconsistent with the goals and policies
of the adopted General Plan or applicable specific plan.
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March 13, 2024
As mentioned in Finding 5 above, the establishment of a quick -serve
restaurant is permitted through a CUP in the EDC-MB Zoning/General
Plan Land Use designation. The Land Use designation is intended for
neighborhood -oriented commercial, and medical office uses that support
residential communities and development in the vicinity of this major traffic
corridor.
The granting of the requested VAR will also be consistent with the General
Plan Goals and Policies listed in Finding 1 of the PP application.
Section 4: The City of Menifee's Planning Commission hereby makes the following
findings for the requested ME No. PLN23-0214 in accordance with Title 9,
Article 2, Chapter 9.70.070 "Findings for Approval" of the City of Menifee
Development Code:
Finding 1: The proposed development is compatible with existing and proposed land
uses in the surrounding area.
As previously stated, the McCall Boulevard subarea is intended for
neighborhood -oriented commercial, office uses that support residential
communities and development in the vicinity of this major traffic corridor.
The small size and irregular shape of the property makes it a challenging
site to develop, therefore the VAR and ME are needed to accommodate the
use. The use is consistent with similar uses in the area and throughout the
city. The use was analyzed and has been found to be consistent with other
uses in the vicinity.
Finding 2: Any exceptions to or deviations from the requirements or development
standards result in the creation of appropriate and necessary project design
solutions that would not be available through adherence to otherwise
required provision of this Title provisions.
The ME is for the reduction of two parking spaces that allows the Project to
meet other code requirements, as well as proposing a building that is
consistent in size for that type of restaurant. Meeting the parking
requirements would reduce the size of the already small building footprint,
making it difficult to compete with other similar restaurants and provide the
same amenities.
Finding 3: Granting the minor exception will not adversely affect the interests of the
public or the interests of residents and property owners in the vicinity of
the project.
As mentioned above, the granting of the minor exception is to reduce the
number of parking spaces on -site. There is still adequate parking for
customers and the request will not adversely impact surrounding
properties.
Burger King
March 13, 2024
Finding 4: The proposed development is consistent with the purposes of the General
Plan or any applicable specific plan or development agreement.
The Project site Zoning classification and General Plan Land Use
designation is EDC-MB. The McCall Boulevard Subarea is intended for
neighborhood -oriented commercial, and medical office uses that support
residential communities and development in the vicinity of this major traffic
corridor. The drive-thru restaurant will serve the adjacent residential
communities and local businesses. The Project is consistent with the
General Plan Land Use designation and is compatible with surrounding
General Plan land uses. See Finding 1 for the PP application for additional
justification.
BE IT FURTHER RESOLVED, the Planning Commission of the City of Menifee hereby
approves the following:
1. The Findings set out above are true and correct.
2. The environmental review has been completed for the Project in accordance
with State and local laws, and CEQA guidelines.
3. The facts presented within the public record and within the resolution provide
the basis to approve PP No. PLN23-0126, CUP No. PLN23-0127, VAR No.
PLN23-0214, and ME No. PLN24-0030 and that the Planning Commission
approve said entitlements.
4. The documents and materials that constitute the record of proceedings on
which this resolution has been based are located at the Community
Development Department — Planning Division, 29844 Haun Road, Menifee,
CA 92586. This information is provided in compliance with Public
Resources Code section 21081.6.
PASSED, APPROVED AND ADOPTED this 13th day of March 2024.
Due, Chairman
Att
pt:
c7
achel Valencia, Administrative Assistant
Approved as to form:
Thai Phan, Assistant City Attorney
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. PC24-625 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 13'h day of March, 2024 by
the following vote:
Ayes: Diederich, Long, Thomas, LaDue
Noes: Madrid
Absent: None
Abstain: None
►off n � o
chel Valencia, Administrative Assistant