PC13-136Resolution No. PC 13-136
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING VARIANCE NO. 2013-005 FOR BIG SKY PAD SIZES
Whereas, on January 9, 2013, the applicant, Derek Barbour with Brookfield
Homes, filed a formal application with the City of Menifee Planning Department for
Variance No. 2013-009 to allow pad sizes for lots 39, 40, 49-52, 70 and 83 to vary from
the required minimum pad area; and,
Whereas, on March 12, 2013 the Planning Commission held a duly noticed
public hearing on Variance No.2013-005, considered public testimony and materials in
the staff report and accompanying documents, which hearing was publicly noticed by a
publication in the newspaper of general circulation, an agenda posting, and notice to
property owners within 600 feet of the project site boundaries.
Whereas, at the March 12, 2013, Planning Commission public hearing, the
Commission found that:
1. The Specific Plan zoning ordinance, which refers back to Ordinance 348, for
Planning Area 25 (a. (2) BB.) requires that lots shall have a minimum usable pad
area of not less than seven thousand (7,000) square feet. Lots 39, 40, 49-52, 70
and 83 will not meet the minimum usable pad area.
2. Ordinance No. 348, Section 18.27 (a) states the basis for a variance. Variances
from the terms of Ordinance No. 348 may be granted when, because of special
circumstances applicable to a parcel of property, including size, shape,
topography, location or surroundings, the strict application of this ordinance
deprives such property of privileges enjoyed by other property in the vicinity that
is under the same zoning classification. Variances shall be limited to
modification of property development standards.
3. The eight lots in question (9% of the Big Sky lots) meet or exceed the minimum lot
sizes (7,200 sq. ft) as required by the Specific Plan, but due the existing slopes
and grading design the lots do not meet the required minimum pad size of 7,000
sq. ft. When the County of Riverside reviewed and approved the tentative maps
in 2005, they did not verify the minimum pad sizes and approved tentative maps
that were not consistent with the Specific Plan development standards. The
rough grading plan was designed based off of the approved tentative maps and
was approved by the County of Riverside. The site was graded consistent with
the grading plan and tentative maps. When the City reviewed the extension of
time application for the tentative map, the Planning Department found the
discrepancy between the approved map and the usable pad sizes. The developer
provided staff with a matrix showing the achievable minimum usable pad area
with the addition of retaining walls. On this matrix, the maximum height of the
retaining walls was six feet.
When the home builder plotted the lots and added the retaining walls, they found
that larger retaining walls would be required; up to 8.9 feet on one lot. The home
builder is concerned that construction of the retaining walls on these lots would
result in unsightly walls that the homeowners may not actually want and that
force them into yard layouts they may want to change.
The Countywide Design Guidelines which were adopted by the City of Menifee
recommend the following for minimum net usable pad areas:
Resolution No. PC 13-136
Variance No. 2013-005
Big Sky Variance
"For projects with lots of 7200 square feet or greater, the minimum net
usable area for development should be 6,500 square foot pads or twenty
foot level rear yards...... For lots with steep topography, the minimum net
usable area shall be determined by the Planning Director based upon the
site constraints analysis in order to minimize disturbance to the sloped
areas. The site design should minimize cut and fill as much as possible."
All of the lots exceed the minimum rear yard setback of 20 feet and provide a 20
foot or very close to 20 ft level rear yard. The majority of the lots also exceed the
Countywide Design Guideline recommendation for a 6,500 sq. ft. usable pad
area. The lots are impacted by significant slopes in the rear yards which creates
a site constraint in meeting the minimum pad sizes.
Lot #
Pad Area
Requested
Average Level Rear Yard
— Distance between house
and toe of slope
Rear Yard Setback
39
6,730
31 ft.
65.5 ft.
40
6,897
18 ft.
49.5 ft.
49
6,858
34 ft.
68.9 ft.
50
6,306
19 ft.
53.7 ft.
51
6,295
24 ft.
55.3 ft.
52
6,672
18 ft.
51.4 ft.
70
6,777
27 ft.
39.6 ft.
83
6,417
10 ft.
29.5 ft.
The Specific Plan does state that lots less than 7,200 sq. ft. may be permitted
and the 7,200 sq. ft. lot guidelines for unit location, setbacks, lot coverage
percentage, and street frontage may be waived if the project exceeds the other
design guidelines and addresses the goal of providing residences with a sense of
privacy and personal space. As demonstrated in the table above, the lots
exceed the rear yard setback of 20 feet which adds to a sense of privacy and
provide a usable level rear yard.
Due to the topography of the lots and because the lots meet the intent of the
Specific Plan and Countywide Design Guidelines, the approval of the variance
application is appropriate.
4. The approval of the variance application will not impair the integrity and character
of the zoned district or be detrimental to the public health, safety, morals or
welfare.
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
and orders as follows:
The Findings set out above are true and correct.
Variance No. 2013-005 is hereby approved to allow lots 39, 40, 49-52, 70 and 83
to vary from the required minimum pad size.
Resolution No. PC 13-136
Variance No. 2013-005
Big Sky Variance
PASSED, APPROVED AND ADOPTED this 12" day of MARCH 2O13.
Commission Chair
Attest:
J nife Allen,
tanning Commission Secretary
Approved as to form:
Scott A. Mann
Mayor
Wallace W. Edgerton
Deputy Mayor
John V. Denver
Councilmember
Thomas Fuhrman
Councilmember
Greg August
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.6793843
www.cityofinenifee.us
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do
hereby certify that the foregoing Resolution No. PC13-136 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
12th day of March, 2013 by the following vote:
Ayes:
Liesemeyer, Pica Sobek, Thomas
Noes:
Matelko
Absent:
None
Abstain:
None
en fifer Allen, Planning Commission Secretary