Commission votes to prohibit warehouses in south Menifee

Colored zones show areas that would be affected by the resolution prohibiting warehouses.

By Doug Spoon, Editor

The Menifee Planning Commission this week approved a resolution to prohibit the construction south of Garbani Road of industrial warehouses with logistics and distribution “as a primary use.”

The Commission’s action, which now goes to the City Council for final approval, would amend a section of the City Municipal Code regarding zoning in the so-called Southern Gateway of the City’s Economic Development Corridor. The action also prohibits most types of warehousing in the EDC along McCall Boulevard, leaving only the Northern Gateway along Highway 74 and Ethanac Road as allowable areas for construction of warehouses.

In addition, changes to the definitions for warehousing limit the presence of such facilities to only research and development centers.

This action is the result of the City Council’s request last May for City staff to bring forward a study of “best practices” regarding warehouse and distribution centers in Menifee. During the July 7 and Dec. 9 City Council meetings, some council members – most notably Mayor Bill Zimmerman and Lesa Sobek – expressed the desire to limit warehousing in the City, particularly in the Southern Gateway.

That brought opposition not only from commercial real estate brokers with clients interested in building warehouses, but from two longtime owners of property on Haun Road who are in the process of selling to warehouse developers.

“I’m in escrow,” said Ron Rotalini, who has owned property on Haun Road north of Scott Road since it was controlled by the county. “I finally have a buyer. You change that, you’re gonna kill my deal. You can buy the land from me. All I’ve been doing is paying taxes on the land. I want out.”

Ben Frahley told commissioners he has owned a parcel of land on Haun Road for 35 years, waiting for the market to be right to sell it to a developer.

“I also have mine in escrow,” he said. “You’re creating something that maybe in 10 years would be the marketplace, but not now. If you take away the value of my property, you can just buy my property.”

While saying they understand the property owners’ concerns, most commissioners said that although they were struggling with their decision, they ultimately felt approval of the resolution was best for the City.

“We’re not denying approval of these properties; there are other options for them,” said commissioner Chris Thomas. “As commissioners, we have to balance the highest and best use of a property against the benefit in the big plan to the City and its residents. The ultimate decision is whether to favor the people or the property owner.”

Commissioner Benjamin Diederich called it “one of the most difficult decisions I’ve faced as a commissioner because of the potential loss to the land owners. I’m still struggling with the decision. I’m hesitant to take away rights from the land owners. At the same time, there still are options.”

The lone opposing vote to the resolution was cast by Commission vice chairman Jeff LaDue.

“I am not in favor of effectively de-valuing the properties that will be affected by this,” LaDue said. “I’ve been told that the two buildings located south of Scott Road (previously known as Commerce Pointe), if this goes through, will be considered legal but non-conforming. I don’t like the thought of a new building suddenly being non-conforming.

“I appraise commercial real estate, and we look at the highest and best use of a property. While we’re not taking all available options, we are taking away their highest and best use.”

Representing commercial real estate broker Cushman & Wakefield, Dan Wall said approval of the resolution would “have a negative effect on economic development and job growth.” Longtime resident and former County planning commissioner Ron Sullivan said it was against policy to make zoning changes that are in conflict with the City’s General Plan.

“Staff feels strongly we are in compliance with the General Plan,” said Orlando Hernandez, City planner. "We’re not changing a zone; we’re making a zoning code amendment.”

The approved resolution also states that the change does not require further environmental review.