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PC15-214RESOLUTION NO. PC 15-214 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP NO. 36788 (PLANNING APPLICATION 2014- 073 PM) FOR THE SUBDIVISION OF 9.2 ACRES INTO THIRTY (30) SINGLE FAMILY RESIDENTIAL LOTS AND ONE (1) OPEN SPACE LOT LOCATED NORTH OF GARBANI ROAD, WEST OF SHERMAN ROAD, SOUTH OF TUPELO ROAD, AND EAST OF LINDA LEE DRIVE Whereas, on March 11, 2014, the applicant, DCI Investments, LLC, filed a formal application with the City of Menifee for the subdivision of 9.2 acres into thirty (30) single family residential lots and one (1) open space lot located north of Garbani Road, west of Sherman Road, south of Tupelo Road, and east of Linda Lee Drive within the City of Menifee; and Whereas, on May 27, 2015, the Planning Commission of the City of Menifee 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 Tentative Tract Map No. 36788, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and, NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows: Section 1. With regard to Tentative Tract Map No. 36788 (TR 2014-073), the Planning Commission hereby makes the following findings: Consistency with the General Plan. The Tentative Tract Map is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The General Plan land use designation for the subject parcel is 2.1-5 Dwelling Units/Acre Residential (2.1-5R). This designation is intended for single-family detached residences at a density between 2 to 5 dwelling units per acre. Properties to the north, south, east, and west of the project site are designated as 2.1 to 5 Dwelling Units per Acre Residential (2.1-5R). Properties further to the south are designated as Rural Residential 5 acre minimum (RR5). The project proposes to subdivide and develop thirty (30) single family residences on 9.2 acres for a density of 3.2 dwelling units per acre. Therefore, the proposed Tentative Tract Map is consistent with the General Plan land use designation of 2.1-5R. Garbani Road is proposed to be improved on the project's northerly half with a half -width of fifty (50) feet, including thirty-two (32) feet of pavement and an eighteen (18) foot wide parkway with five (5) foot wide non -curb adjacent sidewalk. Garbani Road is designated as a Major in the City's General Plan Circulation Element which would normally require a fifty-nine (59) foot wide half width. However, the Engineering Department determined that improvement as a Major per the General Plan Circulation Element is unnecessary since the freeway interchange at Garbani Road anticipated in the General Plan is highly unlikely and therefore Garbani Road is not anticipated to accommodate substantial traffic. Resolution No PC 15-214 TR36788/ Planning Case 2014-073 TR May 27, 2015 Additionally, Garbani Road immediately to the east of the project site was also only improved with a half -width of fifty (50) feet; therefore, the proposed project's road improvements would be consistent with the adjacent existing road improvements. Such a determination to allow deviation from the standard road dedication and improvement section is allowed as stated in Exhibit C-2 of the General Plan Circulation Element. In addition, the Tentative Tract Map is consistent with the following General Plan policies: 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-1.2 Provide a spectrum of housing types and price ranges that match the jobs in the City and make it possible for people to live and work in Menifee and maintain a high quality of life. 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 local, regional, or State conservation plan and the impact is considered less than significant. 2. Consistency with the Zoning Code The project proposes to change the zoning classification of the project site from Industrial Park (I-P) to One -Family Dwelling (R-1) with the associated CZ 2014- 072 application pursuant to Resolution PC 15-213. The R-1 zone would primarily allow for the development of detached single family dwellings as proposed by the Tentative Tract Map. The project is surrounded to the north, east, and west by properties zoned One - Family Dwelling (R-1), to the south and further to the east by properties zoned Residential Agricultural 5-acre minimum (R-A-5), and further to the south by properties zoned Manufacturing — Service Commercial (M-SC). 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 Resolution No PC 15-214 TR36788/ Planning Case 2014-073 TR May 27, 2015 with the General Plan. The current Industrial Park (I-P) zoning does not allow for single family residential land uses and is not consistent with the recently adopted General Plan land use designation of 2.1-5 Dwelling Units per Acre. Therefore, the proposed zone change would be necessary to potentially approve the Tentative Tract Map to develop the property consistent with the General Plan and zoning code. 3. Consistency with Ordinance 460 Regulating the Division of Land. The subdivision is a Schedule A subdivision of 9.2 gross acres into thirty (30) single family residential parcels and one (1) parcel for open space/water quality. A Schedule A tentative tract map is defined by Ordinance 460 as any division of land into five (5) or more parcels with any parcel less than 18,000 square feet in net area. The subdivision has been reviewed and conditioned for consistency with the requirements for streets, domestic water, fire protection, sewage disposal, fences, and electrical communication facilities. The subdivision is consistent with the Schedule A map requirements of Ordinance 460. 4. 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. Existing uses to the north and east include single family residential, to the south and west is vacant land. The proposed project would allow for the development of single family dwellings similar to existing development to the north and east. The project is compatible with the surrounding land uses, general plan land use designations and zoning classifications. The project incorporates quality design and landscaping which will enhance the area. Environmental impacts resulting from the project have been analyzed in a mitigated negative declaration which determined impacts including, but not limited to air quality, biological resources, cultural resources, and noise would all be less than significant. Therefore, 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. 5. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. A Mitigated Negative Declaration ("MND") has been completed for the project and recommended for adoption by the Planning Commission pursuant to Resolution PC 15-212, The Tentative Tract Map at issue is consistent with the MND, which the Planning Commission has considered as part of its proceedings. Section 2. The Planning Commission of the City of Menifee recommends that the City Council approve Tentative Tract Map No. 36788 (TR 2014-073). Resolution No PC 15-214 TR36788/ Planning Case 2014-073 TR May 27, 2015 PASSED, APPROVED AND ADOPTED this the 27'h day of _May, 2015. Thomas, Chairman Attest: Jennifer Allen, Deputy City Clerk Approved as to form: AjitThind, Assistant City Attorney Scott A. Mann Mayor John V. Denver Mayor Pro Tern Wallace W. Edgerton Counciimember Greg August Counciimember Matthew Llesemeyer Counciimember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.6793843 w .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. PC15-214 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 27'h day of May, 2015 by the following vote: Ayes: Doty, Phillips, Karwin, Sobek, Thomas Noes: None Absent: None Abstain: None Jennifer Allen, Deputy City Clerk