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PC13-137Resolution No. PC 13-137 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING PLOT PLAN NO. 2013-014 for REVISED WALLS AND FENCING FOR BIG SKY IN AUDIE MURPHY RANCH (TR31391-3) Whereas, on January 9, 2013, the applicant, Derek Barbour with Brookfield Homes, filed a formal application with the City of Menifee Planning Department for Plot Plan No. 2013-014 for a revised fence and wall plan for Big Sky at Audie Murphy Ranch (TR31391-3); and, Whereas, on March 12, 2013 the Planning Commission held a duly noticed public hearing on Plot Plan No. 2013-014, 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: Consistency with the General Plan. The plot plan is consistent with the General Plan Land Use Map, Specific Plan and applicable General Plan objectives, policies, and programs. The project is for the walls and fencing for an approved and recorded tract map (TR31391-3). The tract map is consistent with the existing general plan. The requirement for the plot plan application for a walls and fencing was a condition on the tract map that was required to be met prior to building permit issuance. The project is consistent with the general plan land use designation. The project is consistent with the existing general plan land use and there is a reasonable possibility that the project will be consistent with future general plan and; therefore, shall not interfere with the future adopted general plan, including a housing element that is consistent with the state housing element law. 2. Consistency with the Zoning Code. The zoning of the project site is Specific Plan No. 209 (refers back to One Family Dwellings (R-1)). The walls and fencing for the tract map is allowed under the zoning and is consistent with all of the development standards and design guidelines of the specific plan with the approval of the variance application. The Specific Plan zoning ordinance, which refers back to Ord. 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 only meet the minimum usable pad area with the installation of retaining walls. If the revised wall and fence plan is approved, a variance to this development standard is required. 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. Resolution No. PC 13 -13 7 Plot Plan No. 2013-014 Big Sky Wall and Fence Plan 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: "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. 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 Resolution No. PC 13-137 Plot Plan No. 2013-014 Big Sky Wall and Fence Plan 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. 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. Surrounding Uses. Approval of the application will not 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 walls and fencing will not cause impacts to the surrounding residences. The walls and fencing has been designed pursuant to the Specific Plan Design Guidelines. The walls and fencing is consistent with what has been approved and constructed in other portions of the tract. The walls and fencing shall be constructed and permitted under the current California Building Code. Therefore, the project will not 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 vicinity. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. All impacts related to the tract map were analyzed in an Addendum to Environmental Impact Report No. 436 which was certified by the Riverside County Board of Supervisors as part of the approval of Tentative Tract Map No. 31391. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: The Findings set out above are true and correct. 2. Plot Plan No. 2013-014 is hereby approved. Resolution No. PC 13-137 Plot Plan No. 2013-014 Big Sky Wall and Fence Plan PASSED, APPROVED AND ADOPTEI this 121'h day of MARCH 2O13. meyer, P1(ining Commission Chair Attest: nnifer Allen, Planning Commission Secretary Approved as to form: i � • ••ate=�� • - 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 ww Atyofinenifee.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. PC13-137 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 12i" day of March, 2013 by the following vote: Ayes: Liesemeyer, Pica Sobek, Thomas Noes: Matelko Absent: None Abstain: None nnifer Allen, Planning Commission Secretary