City of Menifea
MAR 0 7 2024
CITY of
CITY OF MENIFEE APPEAL APPLICATION RECEIVED
MENIFEE!
Decision to be appealed:
Planning Commission Approval of Agenda # 9.3 February 28, 2024 APPELLANT/REPRESENTATIVE_ Marquez, Jesse N.
PHONE NO. 951-365-6500 FIRST
FAX NO. MI.
_E-MAIL [email protected]
ADDRESS 26100 Newport Rd, Ste. A12-112, Menifee, CA 92584.
STATE ZIP
PROPERTY OWNER
(if different) LAST
FIRST
PHONE NO. _ FAX NO._
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ADDRESS
STREET
CITY STATE
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Name of Project, APN/Address: Shoppes at the Lakes-Mister Car Wash.
Manager, Planning Commission): Planning Commission Appealing the decision of (Specify Community Development Director, Building and Safety Director City Action and Date: Approval of Agenda # 9.3 February 28, 2024 Explain specify what action or decision is being appealed: Determination that Project is exempt from CEQA Section 15332 In-Fill Development Projects, Direct Staff to file Notice of Exemption and Approval of Major Conditional Use Permit and Major Plot Plan.
Do you have additional evidence not already presented? _X_ attach. _Yes No. If Yes, please
What result to you want? Request the City Council to Reverse the Approval of the Planning Commission Agenda # 9.3 February 28, 2024, Deny Approval of the Mister Car Wash being a project and all other Applicable Permits. component in the Shoppes at the Lakes Application, Major Conditional Use Permit, Major Plot Plan Date: 3-7-2024
Owner Certification: | certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this appeal application. I am authorizing City of Menifee, if any, may result in restrictions, limitations and construction obligations being and hereby do consent to the filing of this application and acknowledge that the final approval by the Owner's Signature:
_ Date:
Print Name:
Written authorization from the legal property owner is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner.
No application will be accepted until is complete and the fee paid.
Once complete, you will receive confirmation and a hearing date as well as additional appeal information. For questions, please contact the City Clerk at (951) 672-6777.
Menifee Neighbors Care
26100 Newport Rd., Ste. A12-112, Menifee, CA 92584
www.menifeeneighborscare.org 951-365-6500
March 7, 2024
Menifee City Council
City of Menifee
29844 Haun Road
Menifee, CA 92586
[email protected]
Re: Planning Commission February 28, 2024, Meeting
Approval of Agenda # 9.3 Shoppes at the Lakes - Mister Car Wash Su: Letter & Information Attachments in Support of our Appeal Request.
Dear City Council:
Menifee Neighbors Care respectfully submits this Letter & Information Attachments in Support of our Appeal Request of the Menifee Planning Commission Approval of Agenda # 9.3 Shoppes at the Lakes. We reserve the right to submit additional supporting Information and Attachments for our Appeal Hearing due to the limited time allowed for the research, preparation and submission on an Appeal.
We request that the City Council Reverse the Approval and Deny Approval of the Mister Car Wash being a project component in the Shoppes at the Lakes application and permit.
We submit our Public Appeal Request for the following reasons:
1. The Planning Commission Public Notice did comply with California Government Codes, new laws and CEQA requirements to post notice in at least three public places, provide notice to all entities who have requested notice, provide notice to blind, aged, and disabled communities and sensitive receptors. Ref. CA Gov't Code Section 65091, CEQA Guidelines §15300.2 and AB69.
The Menifee Planning Commission had a fiduciary responsibility to represent and protect Sensitive Receptor Children cared for at the KinderCare Childcare Center. The Menifee Planning Commission should have distributed notification to all potential parents and families that would be using the Childcare Center within a 5-mile radius.
The Planning Commission did not use the Cities and City Departments eLists to Notify Public Notice Subscribers, did not include information in the Menifee Matters publication, did not provide copies of the Public Notice at the Menifee City Hall Information Counter and did not send the Public Notice to other local Menifee news, blog, and media sources. such as Menifee 24/7 and the more local newspaper Valley News.
2. The project does not qualify for a Regulation 32 exception because it is being built adjacent to a Sensitive Receptor Childcare Center, Kindercare. The California Air Resources Board requires a Sensitive Receptor Assessment. Sensitive receptors are children, elderly, asthmatics, and others whose are at a heightened risk of negative health outcomes due to exposure to air pollution. The locations where these sensitive receptors congregate are considered sensitive receptor locations. Sensitive Receptor locations may include hospitals, schools, and day care centers, and such other locations as the air district board or California Air Resources Board may determine. California requires a Disadvantaged Community Assessment. Cal. Code Regs. tit. 14 § 15332, California Code, Health, and Safety Code - HSC § 44391.2
3. No Noise Acoustic Assessment, No Vibration Assessment and No Sensitive Receptors Assessments were modeled to evaluate the proposed project's operational impact was performed. Car Wash Noise will be generated from vehicles entering the vehicles wash tunnel, hand water spraying, soap spraying, vehicles car wax/coating, water spraying, air blowers and cars existing. Noise will be generated from vehicles braking and driving into the vehicles wash, lining up idling waiting to pay or be verified to enter, vehicles driving up to tunnel entrance, vehicles driving out of tunnel, vehicles parking in stalls, vehicles hand cleaned with vacuum and vehicles starting engine and leaving the car wash. It is disclosed that 900 vehicles a day will visit the car wash which equals more than 100 cars per hour. The car wash is adjacent to a Sensitive Receptor Childcare Center, Kindercare. Childcare centers require lower sound levels typically 5db less than standard ambient noise levels and children that sleep and take naps typically have an additional 5db lower requirement.
4. The referenced review and assessment of noise at a car wash in the city of Anaheim is not a legitimate or allowable CEQA comparison because there is no Sensitive Receptor Childcare Center adjacent to the Anaheim car wash nor any other category of Sensitive Receptor.
5. Menifee's Noise Elements and other Menifee noise documents do not include Childcare Centers as Sensitive Receptors which is described in California Health and Safety Code § 42705.5(a)(5)
6. No Air Pollution Emissions Assessment and No Sensitive Receptors Assessments were modeled to evaluate the proposed project's operational impact was performed. Car Wash Air Pollution Emissions will be generated from cars braking and driving into the car wash, lining up idling waiting to pay or be verified to enter, car driving up to tunnel entrance, car idling in the tunnel, car driving out of tunnel, car parking in space, car starting engine and leaving the car wash. Emissions released would be vehicle fuel exhaust (PM, Criteria Pollutants, Toxic Air Pollutants, Greenhouse Gases) and brake dust. It is disclosed that 900 vehicles a day will visit the car wash, which equals more than 100 vehicles per hour.
The car wash is adjacent to a Sensitive Receptor Childcare Center, Kindercare which also has an outdoor playground.
7. No Ground Contamination Assessment and No Sensitive Receptors Assessments were modeled to evaluate the proposed project's operational impact was performed. Vehicles as they age leak oil, grease, brake fluid, transmission fluid and radiator fluid onto the ground pavement. These are toxic substances that children will be exposed to and during rainy season the contaminated wastewater runoff will go onto the streets, curbs, gutters, and sewers.
8. No Traffic Public Safety Assessment, Emergency Response Assessment and No Sensitive Receptors Assessments were modeled using 900 vehicles a day visiting the car wash, which equals more than 100 vehicles per hour to evaluate the proposed project's operational impact to parents, care takers and children arriving, leaving, and staying at the Childcare Center.
9. We wish to advise that Menifee Councilmembers are allowed to file an Appeal per
2.20.150 (E) APPEAL PROCEDURES.
Please see supporting information attachments.
Respectfully Submitted,
Jesse M. Maguy
Jesse N. Marquez
Policy Director
[email protected]
California Code, Health and Safety Code - HSC § 44391.2 (a) For purposes of this section, the following provisions shall apply:
to Section 39711. (1) "Disadvantaged community" means a community identified as disadvantaged pursuant (2) "Sensitive receptors" includes the same locations as specified in paragraph (5) of subdivision (a) of Section 42705.5. (b) On or before October 1, 2018, the state board shall prepare, in consultation with the Scientific Review Panel on Toxic Air Contaminants, the districts, the Office of Environmental interested stakeholders, a statewide strategy to reduce emissions of toxic air contaminants and Health Hazard Assessment, environmental justice organizations, affected industry, and other board shall update the statewide strategy at least once every five years. In preparing criteria air pollutants in communities affected by a high cumulative exposure burden. The state the statewide strategy, the state board shall conduct at least one public workshop in each of the northern, central, and southern parts of the state. The statewide strategy shall include criteria for the development of community emissions reduction programs. The criteria presented in the statewide strategy shall include, but are not limited to, all of the following:
toxic air contaminants and criteria air pollutants. The assessment shall prioritize disadvantaged (1) An assessment and identification of communities with high cumulative exposure burdens for communities and sensitive receptor locations based on one or more of the following: best data based on consultation with the Office of Environmental Health Hazard Assessment, and available modeling information, existing air quality monitoring information, existing public health the monitoring results obtained pursuant to Section 42705.5. (2) A methodology for assessing and identifying the contributing sources or categories of sources, including, but not limited to, stationary and mobile sources, and an estimate of their relative contribution to elevated exposure to air pollution in impacted communities identified pursuant to paragraph (1).
(3) An assessment of whether a district should update and implement the risk reduction audit and emissions reduction plan developed pursuant to Section 44391 for any facility to emissions either cause or significantly contribute to a material impact on a sensitive receptor achieve emissions reductions commensurate with its relative contribution, if the facility's location or disadvantaged community, based on any data available for assessment pursuant to paragraph (1) or other relevant data. (4) An assessment of the existing and available measures for reducing emissions from the contributing sources or categories of sources identified pursuant to paragraph (2), including, but retrofit control technology, as defined in Section 40406, and best available control technology for not limited to, best available control technology, as defined in Section 40405, best available toxic air contaminants, as defined in Section 39666.
the state board shall select, concurrent with the statewide strategy, locations around the state (c)(1) Based on the assessment and identification pursuant to paragraph (1) of subdivision (b), for preparation of community emissions reduction programs. The state board shall select additional locations annually thereafter, as appropriate. (2)(A) Within one year of the state board's selection, the district encompassing any location selected pursuant to this subdivision shall adopt, in consultation with the state board, individuals, community-based organizations, affected sources, and local governmental bodies in the affected community, a community emissions reduction program to achieve emissions reductions for the location selected using cost-effective measures identified pursuant to paragraph (4) of subdivision (b).
(B) A district, with the agreement of the state board and a majority of the persons who are designated by the district to participate in the development and adoption of the community emissions reduction program, may take up to one additional year to adopt a community emissions reduction program pursuant to subparagraph (A). (3) The community emissions reduction programs shall be consistent with the statewide strategy and include emissions reduction targets, specific reduction measures, a schedule for the implementation of measures, and an enforcement plan.
(4) The community emissions reduction programs shall be submitted to the state board tor review and approval within 60 days of the receipt of the program. Programs that are rejected shall be resubmitted within 30 days. To the extent that a program, in whole or in part, is not approvable, the state board shall initiate a public process to discuss options for achieving an approvable program. Concurrent with the public process to achieve an approvable program, the state board shall develop and implement the applicable mobile source elements in the draft program to commence achievement of emissions reductions. (5) The community emissions reduction programs shall result in emissions reductions in the community, based on monitoring or other data.
(6) In implementing a community emissions reduction program, the district and the state board shall be responsible for measures consistent with their respective authorities. (7) A district encompassing a location selected pursuant to this subdivision shall prepare an annual report summarizing both of the following:
(A) The results and actions taken to further reduce emissions pursuant to the community emissions reduction program.
(B) Updates to the community emissions reduction program made to ensure consistency with updates to the statewide strategy prepared pursuant to subdivision (b). (8) Compliance with a community emissions reduction program prepared pursuant to this section, including its implementation, shall be enforceable by the district and state board, as applicable.
(d) The state board shall provide grants to community-based organizations for technical assistance and to support community participation in the implementation of this section and Section 42705.5.
Cal. Code Regs. tit. 14 § 15332 - In-Fill Development Projects https://casetext.com/regulation/california-code-of-regulations/title-14-natural-resources/division- 6-resources-agency/chapter-3-guidelines-for-implementation-of-the-california-environmental- quality-act/article-19-categorical-exemptions/section-15332-in-fill-development-projects Cal. Code Regs. tit. 14 § 15332
Section 15332 - In-Fill Development Projects
described in this section. Class 32 consists of projects characterized as in fill development meeting the 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 substantially surrounded by urban uses.(c) The project site has no value, as habitat for proposed development occurs within city limits on a project site of no more than five acres significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be endangered, rare or threatened species.(d) Approval of the project would not result in any Cal. Code Regs. Tit. 14, § 15332 adequately served by all required utilities and public services. section 21087 (Register 98, No. 52). 1. New section filed 12-23-98; operative 12-23-98 pursuant to Public Resources Code Resources Code. Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public 21087 (Register 98, No. 52). 1. New section filed 12-23-98; operative 12-23-98 pursuant to Public Resources Code section CA Gov't Code Section 65091
(a)
When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways:
(1)
Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant.
(2)
When the Subdivision Map Act (Div. 2 (commencing with Section 66410)) requires notice of a public hearing to be given pursuant to this section, notice shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code. (3)
Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
(4)
Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the local agency may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing. (5)
If the notice is mailed or delivered pursuant to paragraph (3), the notice shall also either be:
(A)
Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing. (B)
Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding. (b)
The notice shall include the information specified in Section 65094. (c)
In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable.
(d)
Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities.
NOISE ELEMENT N-1: NOISE-SENSITIVE LAND USES
https://www.cityofmenifee.us/902/N-1-Noise-Sensitive-Land-Uses Only areas below are considered part of the General Plan.
Noise-sensitive Land Uses
Goal & Policies
• N-1: Noise-sensitive land uses are protected from excessive noise and vibration exposure.
Policies: Policy & Regulation
• 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 city's Municipal Code, Title 24 of the California Code of Regulations, the California Green Building Code, and subdivision and development codes.
N-1.3: Require noise abatement measures to enforce compliance with any applicable regulatory mechanisms, including building codes and subdivision and zoning regulations, and ensure that the recommended mitigation measures are implemented.
N-1.4: Regulate the control of nuisances, such as residential party noise and barking dogs, through the city's Municipal Code.
N-1.5: Protect agricultural uses from noise complaints that may result from routine farming practices.
N-1.6: Coordinate with the County of Riverside and adjacent jurisdictions to minimize noise impacts from adjacent land uses along the city's boundaries, especially its rural edges.
N-1.7: Mitigate exterior and interior noises to the levels listed in the table below to the extent feasible, for stationary sources adjacent to sensitive receptors:
Table N-1
Stationary Source Noise Standards
Land Use (Residential) Interior Standards Exterior Standards 10 p.m. - 7 a.m. 40 Leq (10 minute) 45 Leq (10 minute)
7 a.m. - 10 p.m. 55 Leq (10 minute) 65 Leq (10 minute)
Policies: Sitting & Design
N-1.8: Locate new development in areas where noise levels are appropriate for the proposed uses. Consider federal, state, and city noise standards and guidelines as a part of new development review.
• N-1.9: Limit the development of new noise-producing uses adjacent to noise-sensitive receptors and require that new noise-producing land be are designed with adequate noise abatement measures.
• N-1.10: Guide noise-tolerant land uses into areas irrevocably committed to land uses that are noise-producing, such as transportation corridors adjacent to the I-215 or within the projected noise contours of any adjacent airports.
without appropriate mitigation. N-1.11: Discourage the siting of noise-sensitive uses in areas in excess of 65 dBA CNEL • N-1.12: Minimize potential noise impacts associated with the development of mixed-use projects (vertical or horizontal mixed-use) where residential units are located above or adjacent to noise-generating uses.
N-1.13: Require new development to minimize vibration impacts to adjacent uses during demolition and construction.
Policies: Transportation Noise
• N-1.14: Minimize vibration impacts on people and businesses near light and heavy rail lines or other sources of ground-borne vibration through the use of setbacks and/or structural design features that reduce vibration to levels at or below the guidelines of the Federal Transit Administration. Require new development within 100 feet of rail lines to demonstrate, prior to exceed these guidelines. project approval, that vibration experienced by residents and vibration-sensitive uses would not streets and highways, and when improvements occur along existing road segments. Mitigation N-1.15: Employ noise mitigation practices and materials, as necessary, when designing future arterial roadways and adjoining noise-sensitive areas. measures should emphasize the establishment of natural buffers or setbacks between the Aviation Administration, Caltrans, Southern California Association of Governments, N-1.16: Collaborate with transportation providers, including airport owners, the Federal transportation-related plans that minimize noise impacts and identify appropriate mitigation neighboring jurisdictions, and railroad owners and operators, to prepare, maintain, and update measures.
zones. New residential land uses within the 65 dB CNEL contours of any public-use or military N-1.17: Prevent the construction of new noise-sensitive land uses within airport noise impact • N-1.18: Work with the Southern California Regional Rail Authority and railroad owners and airports, as defined by the Riverside County Airport Land Use Commission, shall be prohibited.
N-1.19: Monitor proposals for future transit systems and require noise control to be considered operators to reduce the noise impacts on noise-sensitive uses adjacent to railroad tracks. in the selection of transportation systems that may affect the city. • N-1.20: Adhere to any applicable Riverside County Airport Land Use Commission land use compatibility criteria, including density, intensity, and coverage standards.
General Plan Exhibits
• Exhibit N-1: Future Noise Contours
NOISE ELEMENT N-2: MINIMAL NOISE SPILLOVER
https://www.cityofmenifee.us/903/N-2-Minimal-Noise-Spillover Only areas below are considered part of the General Plan.
Overview
Noise is generally defined as unwanted sound that can negatively affect the physiological or psychological well-being of individuals or communities. Elevated ambient noise levels can result in concentration) and cause annoyance. The City of Menifee is impacted by several types of noise noise interference (e.g., speech interruption/masking, sleep disturbance, disturbance of sources, many of them directly connected with major roadways that traverse the city. Mobile sources contribute minimally to the noise environment in the Romoland community. Secondarily, land uses Route 74 (SR-74). In addition, rail lines operated by the Burlington Northern Santa Fe (BNSF) throughout the city generate stationary-source noise. Certain land uses are particularly sensitive to noise and vibration, including residential, school, and open space/recreation areas where quiet policies for limiting the noise generated from future projects as well as means to abate existing noise environments are necessary for enjoyment, public health, and safety. The Noise Element contains problems.
Purpose of Element
levels, the federal government, the State of California, various county governments, and most To limit population exposure to physically and/or psychologically damaging as well as intrusive noise The Noise Element is a mandatory component of the General Plan pursuant to the California municipalities in the state have established standards and ordinances to control noise.
Office of Planning and Research in the State of California General Plan Guidelines. The primary Planning and Zoning Law, Section 65302(f). This element also follows guidelines adopted by the function of the Noise Element is to ensure that considerations of noise are incorporated into the land use planning and decision-making process. The Noise Element of the General Plan is directly related to both the land use and circulation elements. It identifies the major noise sources in the city and contains goals and policies to protect citizens from excessive noise exposure. These goals and exposure and to promote land use compatibility with the noise environment. policies are consistent with applicable state and local noise standards and guidelines to control noise Background
ringing of a school bell, the horn of a train, or the rush of traffic. To ensure that noise impacts do not Noise is a given component of everyday activities: the sound of a popular restaurant at night, the direction to enhance land use compatibility and support mitigation strategies that limit noise impacts, negatively affect the community's quality of life, special attention must be paid to providing policy especially on sensitive uses. As the city continues to experience new development, city leaders are also committed to maintaining the community's rural character. With new development comes the urban and rural and residential and nonresidential land uses become increasingly important to potential for new impacts, including those resulting from noise and vibration. Transitions between around 2 general topics: protecting noise-sensitive land uses and limiting noise-spillover from noise- preserve the quality of life and typical character of the community. The Noise Element is organized of policies related to regulation, siting and design, and transportation. generating uses. The protection of noise-sensitive land uses is best achieved through a combination Goals
in this element. Readers should also refer to the Implementation Actions for additional items that must Click on the goal links below to see the policies that are associated with the individual goals identified be undertaken by the city to achieve the goals and policies for this element. • N-1: Noise-sensitive Land Uses. Noise-sensitive land uses are protected from excessive noise and vibration exposure.
• N-2: Minimal Noise Spillover. Minimal noise spillover from noise-generating uses, such as agriculture, commercial, and industrial uses into adjoining noise-sensitive uses.
General Plan Exhibits
• Exhibit N-1: Future Noise Contours
California Health and Safety Code § 42705.5(a)(5) - Sensitive Receptors https://ww2.arb.ca.gov/capp-resource-center/community-assessment/sensitive-receptor- assessment
California Health and Safety Code § 42705.5(a)(5)
of negative health outcomes due to exposure to air pollution. The locations where these Sensitive receptors are children, elderly, asthmatics and others whose are at a heightened risk locations may include hospitals, schools, and day care centers, and such other locations as the sensitive receptors congregate are considered sensitive receptor locations. Sensitive Receptor air district board or California Air Resources Board may determine.
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