2017-211 Development Agreement No. 2014-002 ORDINANCE NO. 2017-211
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA APPROVING DEVELOPMENT AGREEMENT NO. 2014-
002 BY AND BETWEEN THE CITY OF MENIFEE AND CIMARRON
RIDGE, LLC.
Whereas, on January 8, 2014, the applicant, Cimarron Ridge, LLC, filed a formal
application with the City of Menifee for Development Agreement No. 2014-002 (the
"Project") which proposes a Development Agreement between the developer (Cimarron
Ridge, LLC) and the City of Menifee to allow for a staged freezing of Development
Impact Fees (DIF), vesting of the approved tentative tract map for 15 years, and DIF,
credits for park improvements in exchange for $40,000 to partially fund improvement
plans for Valley Boulevard south of Chambers Avenue and Connie Way and north of
McCall Boulevard and other benefits as noted in the proposed Development Agreement;
and
Whereas, on March 22, 2017, the Planning Commission held a duly noticed
public hearing on the Project, considered all public testimony as well as all materials in
the staff report and accompanying documents for Development Agreement No. 2014-
002, which hearing was publicly noticed on March 10, 2017 by a publication in a
newspaper of general circulation (i.e., The Press Enterprise), an agenda posting, and
notice to property owners within 300 feet of the Project boundaries, and to persons
requesting public notice; and
Whereas, at the March 22, 2017 Planning Commission public hearing, based
upon the materials in the staff report and accompanying documents, the City of Menifee
Planning Commission adopted a resolution recommending that the City Council find the
Ordinance exempt from environmental review under the California Environmental Quality
Act (CEQA) and approve the Development Agreement; and,
Whereas, the Development Agreement has been prepared, processed,
reviewed, heard, and approved in accordance with applicable law, including but not
limited to Section 65864 et seq. of the Government Code and Chapter 9.75 of the
Menifee Municipal Code; and,
Whereas, on April 19, 2017, the City Council held a duly noticed public hearing
concerning the proposed Ordinance, and considered testimony and evidence at the
Public Hearing held with respect thereto; and continued the public hearing to May 17,
2017 with direction to staff and the applicant to include the sports field lighting in the
terms of the Development Agreement; and
Whereas, on May 17, 2017, the City Council held the public hearing continued
from April 19, 2017, which did not require additional noticing, concerning the proposed
Ordinance, introduced and conducted a first reading of the Ordinance, and considered
testimony and evidence at the Public Hearing held with respect thereto; and
Whereas, on June 7, 2017, the City Council conducted a second reading of the
Ordinance; and
Whereas, the City Council has considered the requirements of the CEQA; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES
ORDAIN AS FOLLOWS:
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June 7, 2017
Section 1. With regard to Development Agreement No. 2014-002, the City Council
hereby makes the following findings:
1. Consistency with the General Plan. The proposed development agreement is
consistent with the objectives, policies, general land uses and programs specified
in the general plan and any applicable specific plan.
The General Plan land use designation for the subject parcel is Specific Plan
reflecting the adopted Cimarron Ridge Specific Plan (Specific Plan 2013-247)
and its land use designations. The Specific Plan proposes a total of 756 single-
family dwelling units on 24.03 gross acres for an overall density of 3.1 dwelling
units per acre. The proposed Development Agreement proposes the same
amount and type of development as the Specific Plan and would assist and not
interfere with implementation of the Specific Plan.
Properties to the north are designated Public Utility Corridor (PUC) and
Economic Development Corridor (EDC). Properties to the east are designated
2.1 to 5 Dwelling Units per Acre Residential (2.1-5R) and 5.1 to 8 Dwelling Units
per Acre Residential (5.1-8R). Properties to the south are designated as 2.1 to 5
Dwelling Units per Acre Residential (2.1-5R). Properties to the west are within
the City of Perris.
In addition, the Development Agreement is consistent with the following General
Plan goals and policies in particular:
Goal LU-1 Land uses and building types that result in a community
where residents at all stages of life, employers, workers, and
visitors have a diversity of options of where they can live,
work, shop, and recreate within Menifee.
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.
LU-1.7 Ensure neighborhood amenities and public facilities (natural
open space areas, parks, libraries, schools, trails, etc.) are
distributed equitably throughout the City.
HE-1.1: Specific Plans. Support residential growth and infill in
specific plan areas and along corridors where
comprehensive neighborhood planning is completed and
adequate infrastructure is planned.
HE-2.4 Parks and Recreation. Enhance neighborhood livability and
sustainability by providing parks and open spaces, planting
trees, greening parkways, and maintaining a continuous
pattern of paths that encourage an active, healthy lifestyle.
HE-2.5 Public Facilities and Infrastructure. Provide quality
community facilities, infrastructure, traffic management,
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public safety, and other services to promote and improve the
livability, safety, and vitality of residential neighborhoods.
Goal C-1: A roadway network that meets the circulation needs of all
residents, employees, and visitors to the City of Menifee.
C-1.1 Require roadways to:
• Comply with federal, state and local design and safety
standards.
• Meet the needs of multiple transportation modes and
users.
• Be compatible with the streetscape and surrounding land
uses.
• Be maintained in accordance with best practices.
C-1.4 Promote development of local street patterns that unify
neighborhoods and work with neighboring jurisdictions to
provide compatible roadway linkages at the City limits.
GoalOSC-1:A comprehensive system of high quality parks and
recreation programs that meets the diverse needs of the
community.
OSC-1.1 Provide parks and recreational programs to meet the varied
needs of community residents, including children, youth,
adults, seniors, and persons with disabilities, and make
these facilities and services easily accessible and affordable
to all users.
OSC-1.2: Require a minimum of five acres of public open space to be
provided for every 1,000 City residents.
OSC-1.3: Locate and distribute parks and recreational facilities
throughout the community so that most residents are within
walking distance (one-half mile) of a public open space.
The City of Menifee has two (2) 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 Multiple Species Habitat Conservation Plan; 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 residential project consistent with the
Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore,
the project will not conflict with the provisions of the, adopted HCP, Natural
Conservation Community Plan, or other approved loal , regional, or State
conservation plan and the impact is considered less than significant.
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2. Consistency with the Zoning Code. The proposed development agreement is
compatible with the uses authorized in, and the regulations prescribed for, the
zoning district in which the real property will be located.
The project site's existing zoning is Specific Plan (SP). The SP zone reflects the
proposed Cimarron Ridge Specific Plan (Specific Plan 2013-247) which allows
for the development of detached single family dwellings, parks, and basins.
The project is surrounded to the north by properties zoned Rural Residential (R-
R), to the south properties zoned Controlled Development Areas (W-2), to the
east properties zoned One-Family Dwellings 10,000 square foot minimum (R-1-
10,000), One-Family Dwellings (R-1), and Residential Incentive (R-6), and to the
west properties within the City of Perris zoned R-20,000, R-6,000, and Open
Space.
The Zoning Code requires that projects be consistent with the General Plan and
no discretionary permits can be issued if requested projects are not consistent
with the General Plan. The proposed Development Agreement would assist and
not interfere with implementation of the adopted Specific Plan. The proposed
Development Agreement does not modify the uses allowed or development
standards in the Specific Plan and is compatible with the Specific Plan.
3. The proposed development agreement is in conformity with and will promote
public convenience, general welfare and good land use practice.
Existing uses to the north and east include single family residential, to the south
and west is vacant land.
The approved Specific Plan would allow for the development of single family
dwellings similar to existing development to the east and west within the City of
Perris. The Specific Plan is compatible with the surrounding land uses, general
plan land use designations and zoning classifications. The implementing
Specific Plan incorporates quality design, trails, parks, landscaping and other
improvements which will enhance the area. The Specific Plan and Development
Agreement provide for the orderly construction and/or funding of road
improvements, utilities, drainage and other improvements. The proposed
Development Agreement is consistent with the Specific Plan and will assist the
developer in implementation of the Specific Plan. The proposed Development
Agreement is in conformity with and will promote public convenience, general
welfare and good land use practice
4. The development agreement will not create conditions materially detrimental to
the public health, safety and general welfare within the City.
As noted above, the approved project would allow for the development of single
family dwellings similar to existing development to the east and west within the
City of Perris. The Specific Plan is compatible with the surrounding land uses,
general plan land use designations and zoning classifications.
Environmental impacts resulting from the Specific Plan and Development
Agreement have been analyzed in a certified Environmental Impact Report which
determined impacts including, but not limited to biological resources, cultural
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resources, and noise would all be less than significant. However, the
Environmental Impact Report did determine that potentially significant impacts to
air quality and traffic could occur. Mitigation measures were included to reduce
the impacts to air quality and traffic as feasible, but potentially significant impacts
may still occur and a Statement of Overriding Considerations was adopted.
Despite these potentially significant impacts to air quality and traffic, the project is
not anticipated to 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 Development Agreement does not contain any provisions that would 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 and within the City.
5. Orderly Development. The Development Agreement would not adversely affect
the orderly development of property and surrounding area, or the preservation of
property values
The proposed Development Agreement would assist with and would not interfere
with the adopted Specific Plan and its proposed land uses and infrastructure for
the property, which would not adversely affect the orderly development of the
surrounding area. The Development Agreement would not alter the land uses as
adopted in the Specific Plan. The Development Agreement would not conflict with
surrounding existing and planned land uses and would not have the potential to
adversely affect property values.
6. Encourage Development. The Development Agreement would promote and
encourage the development of the proposed project by providing a greater degree
of requisite certainty.
The assurances provided to the applicant through the Development Agreement,
such as vesting, freezing of development impact fees and clarification of park
credits, would provide greater certainty and reduced risk that would encourage
development as adopted in the Specific Plan and the infrastructure associated
with it that would serve the surrounding area.
7. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
An Environmental Impact Report ("EIR") was previously certified which
specifically referenced the proposed Development Agreement and the resulting
impacts from it and related implementing development via the Specific Plan. A
determination of no further environmental review required has been prepared
and findings included in a Resolution accompanying the project. The City
Council has considered this Resolution as part of its proceedings.
Section 2. The City Council approves the Development Agreement set forth in Exhibit
"1" to this Ordinance.
Section 3. The City Manager, or his or her designee, is directed and authorized to do all
of the following:
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a. Make all necessary and appropriate clerical, typographical, and formatting
corrections to the adopted Development Agreement prior to execution and
recording; and
b. To implement the Development Agreement, in accordance with its terms
including, but not limited to (1) the Mitigation Measures, which are referenced
and described in Resolution No. 15-465 (Resolution Certifying the Final
Environmental Impact Report, Making Findings Of Fact, Adopting a Statement of
Overriding Considerations and Adopting the Mitigation Monitoring and Reporting
Program for Cimarron Ridge) and further described in the EIR for Cimarron
Ridge and (2) the Mitigation Monitoring and Reporting Program.
Section 5. Notice of Adoption. The City Clerk shall certify to the passage and adoption
of this Ordinance, and shall cause the same to be published within fifteen (15) days after
passage in accordance with law, and shall cause this Ordinance and its certification,
together with proof of publication, to be entered in the Book of Ordinances of the City of
Menifee.
Section 6. Recording. Pursuant to Government Code section 65868.5 and Section
9.75.100 of the Menifee Municipal Code, the City Clerk shall prepare a final version of
the Development Agreement for recording within ten (10) days of the Effective Date that
fully reflects the action of the City Council in adopting the Development Agreement.
Section 7. Effective Date. This Ordinance shall take effect and be in full force and
operation thirty (30) days after its adoption.
Section 8. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council
hereby declares that it would have adopted this ordinance, and each section, subsection
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
The foregoing Ordinance was introduced and read on May 17, 2017 and was PASSED,
APPROVED AND ADOPTED THIS 7th DAY OF JUNE, 2017.
Neil R. inter, Mayor
Attes
S ah A. Manwaring, City C
Approved as to form:
e . Melching, C' ttorney
MENIFEE
Neil R.Winter STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
Matthew Liesemeyer
Mayor Pro Tem I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the
foregoing Ordinance No. 2017-211 was duly adopted by the City Council of the
Greg August City of Menifee at a meeting thereof held on the 7th day of June, 2017 by the
Councilmember following vote:
Lesa A.Sobek Ayes: August, Denver, Liesemeyer, Sobek, Winter
Councilmember Noes: None
Absent: None
John V. Denver Abstain: None
Councilmember
S ah A. Manwaring, Ci4CIe,
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us