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City of Menifee
Appeal Comments and Responses
Shoppes at the Lakes - Mister Car Wash and Day Care
(Major Conditional Use Permit (CUP) PLN22-0288; Major Plot Plan (PP) PLN22-0289) Appeal Comments
(Menifee Neighbors Care and John Minock) Response
1. The Planning Commission Public Notice did not comply with noticing requirements in connection with the Planning Commission public hearing.
1. In accordance with applicable law and noticing
provisions under the City of Menifee Municipal Code
("CMMC") the public hearing notice for the proposed
Project was published in The Press Enterprise on
February 18, 2024 for the February 28, 2024 Planning
Commission hearing. All relevant public agencies,
including all interested parties, were notified of the
public hearing as were all property owners within a 300- foot radius of the project site. On-site posting was also provided.
2. The Project does not qualify for a Class 32 Exemption from CEQA because it is being constructed adjacent to a childcare center, Kindercare.
2. The Project is exempt from CEQA per Section 15332
“In-Fill Development Projects”. This exemption is for
projects characterized as in-fill development meeting the following conditions: a) the Project is consistent with the applicable general plan designation and all applicable
General Plan policies, as well as with applicable zoning designation and regulations; b) the proposed
development occurs within city limits on a project site of
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no more than 5 acres substantially surrounded by urban
uses; c) the Project site has no value as habitat for
endangered, rare or threatened species; d) approval of
the Project would not result in any significant effects related to traffic, noise, air quality, or water quality; and e) the site can be adequately served by all required
utilities and public services. The proposed Project is
consistent with the applicable General Plan, Specific
Plan and Zoning Designations for the project site along with any applicable development standards. The Project
is located within the City of Menifee boundaries and is surrounded on the north and west by an existing
commercial center and to the east and south by existing residential developments. The Project will not result in any impacts to traffic, noise, air quality or water quality as a traffic memorandum was prepared noting a traffic
study is not required, existing residential is screened from the car wash by landscaping and a perimeter block
wall around the adjacent residential sites, no hazardous materials are proposed on site affecting air quality, and the Project has prepared a water quality plan to tie into the existing commercial center’s approved Water Quality Management Plan from when it was approved by the City
of Menifee in 2015. Additionally, the site will be served by all required utilities, including power, water, and
sewer.
With respect to Appellants' assertion that the Class 32 Exemption does not apply based on any potential
incompatibility between the car wash and child care
facility, the Air Quality Analysis prepared by LSA on
April 1, 2024 and Noise Impact Analysis (currently being updated in response to comments/concerns) both
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evaluate any potential impact on the child care facility as a sensitive receptor from operational impacts from the
car wash use and conclude that no impacts will occur.
Therefore, the proposed Project is categorically exempt from CEQA under Section 15332 “In-Fill Development
Projects."
3. The Appeals contain an assertion that insufficient analysis was performed evaluating the noise generated by the
project's operational impact.
3. A Noise Impact Analysis was prepared by LSA and is in the process of being updated that evaluates anticipated noise generated by the operation of the proposed Project.
This Noise Impact Analysis satisfies the City's
requirements for a project-specific noise impact analysis by examining the impacts of the proposed uses on the
project site and identifying whether any noise reduction measures to reduce project noise impacts would be
necessary. The Noise Impact Analysis specifically
analyzes, among other aspects of the Project, the noise generated by the car wash tunnel and vacuum equipment
with respect to surrounding uses and the proposed day
care use.
The Noise Impact Analysis, utilizing a 3-D noise model, SoundPLAN, to incorporate the specific site topography, existing property line walls, existing and proposed
buildings, and stationary noise sources, finds that noise levels generated by the car wash operations would not
cause noise levels to exceed 65 dBA Leq at the
playground area of the proposed day care located to the west of the proposed care wash.
While not necessary, given the absence of a significant noise impact, in an abundance of caution and to address
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concerns raised as part of the preparation of a final
Noise Impact Analysis, the Project will incorporate a
voluntary noise reduction feature in the form of sound
wall at the exit area of the car wash tunnel.
4. The Appeals contain an assertion that insufficient air quality assessments or sensitive receptor assessments were performed to evaluate the project's operational impacts.
4. An Air Quality Analysis was prepared by LSA on April 1, 2024 that evaluates the potential impacts associated with construction and operation of the proposed Project. The Air Quality Analysis includes an assessment of criteria pollutant emissions, an assessment of carbon monoxide
(CO) hot-spots.
The Air Quality Analysis evaluated, in addition to
construction impacts, the anticipated emissions
associated with long-term operation of the project,
including the proposed car wash use. The analysis
evaluates indirect emissions of criteria pollutants with regional impacts that would be emitted by project
generated vehicle trips as well as localized air quality impacts (i.e., higher CO concentrations or “hot spots”) near intersections or roadway segments in the project
vicinity that could potentially occur due to project-
generated vehicle trips.
As shown in Table E of the Air Quality Analysis, the
proposed project would not exceed the significance
criteria for daily VOCs, NOX, CO, SOX, PM10, or
PM2.5 emissions. Therefore, operation of the proposed
project would not result in a cumulatively considerable net increase of any criteria pollutant for which the
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project region is in nonattainment under an applicable
NAAQS or CAAQS.
The Air Quality Analysis includes an evaluation of
possible impacts to nearby sensitive receptors, including the residential uses 75 feet south of the project site
across Rockport Road and 110 feet east of the project
site across Laguna Vista Drive and the proposed child
care facility.
With respect to the closest residences, the Air Quality Analysis determined that localized operational emissions would not exceed the LSTs at nearby residences.
Therefore, the proposed operational activity would not
result in a locally significant air quality impact.
With respect to the child care facility, the Air Quality Analysis concludes that the proposed car wash would not be expected to result in localized concentrations that
would expose the day care to substantial pollutant
concentrations. Therefore, the project would not expose sensitive receptors to substantial levels of pollutant
concentrations.
Based on Air Quality Analysis, construction and
operation of the proposed project would not result in the generation of criteria air pollutants that would exceed SCAQMD thresholds of significance. Compliance with
SCAQMD Rule 403: Fugitive Dust would further reduce
construction dust impacts. In addition, the proposed
project is not expected to produce significant emissions that would affect nearby sensitive receptors. The project would also be consistent with the 2022 AQMP and would
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also not result in objectionable odors affecting a
substantial number of people.
5. The Appeals contain an assertion insufficient ground contamination assessments or sensitive receptor
assessments were performed to evaluate the project's
operational impact.
5. The Project is proposed to be constructed within an
existing shopping center, the Shoppes at the Lakes
Commercial Center originally approved under PP No.
2014-092 on June 29, 2015 by the City and including
multiple phases of construction. No applicable
requirement for a separate ground contamination
assessment is required for the reallocation of uses as
proposed by the Project within the existing shopping
center.
6. The Appeals contain an assertion that insufficient traffic and public safety assessments, emergency response
assessments, or sensitive receptor assessments were
performed to evaluate the project's operational impact.
6. The Project has been evaluated under a traffic
memorandum which was prepared and assessed the
Project. The traffic memorandum found that a traffic
study is not required based on anticipated traffic for the Project being under applicable thresholds. Based on the initial traffic memorandum and proposed uses and scale
of the Project, the Project will not result in any impacts related to traffic.