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