PC15-223RESOLUTION NO. PC 15-223
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA RECOMMENDING APPROVAL OF SPECIFIC
PLAN NO. 2013-247, WHICH ESTABLISHES A LAND USE PLAN,
CIRCULATION PLAN, DESIGN STANDARDS AND GUIDELINES FOR
756 SINGLE-FAMILY RESIDENTIAL DWELLING UNITS WITHIN A
240.3 ACRE AREA.
Whereas, on December 16, 2013, the applicant, Cimarron Ridge, LLC, filed a
formal application with the City of Menifee for Specific Plan No. 2013-247 (the "Project")
to establish a Specific Plan on the property identified as APNs 330-220-004, 330-220-
005, 330-220-007, 330-220-008, 330-220-010, 330-220--011, 330-220-012, 330-220-
013, 330-230-003, 330-230-010, 330-230-013, 330-230-015, 330-230-029, 330-230-
032, 330-230-034, 330-230-035, 330-230-036, 330-230-037, 330-230-038, 330-230-
039, 330-230-040, 330-230-041, 335-070-036, 335-070-037, 335-070-038, 335-070-
039, 335-070-040, 335-070-041, 335-070-046, 335-070-047, 335-070-048, 335-430-
017; and
Whereas, on August 12, 2015, 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 Specific Plan No. 2013-247, which
hearing was publicly noticed on July 31, 2015 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
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
as follows:
Section 1. With regard to Specific Plan No..2013-247, the Planning Commission hereby
makes the following findings:
Consistency with the General Plan. The project is consistent with the General
Plan, Specific Plan (if applicable), 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 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.
The project proposes to amend the land use designation on the project site from
2.1-5R to Specific Plan (SP) to reflect the proposed 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. This level of density is consistent
with the current land use designation of 2.1-5R.
In addition, the Specific Plan is consistent with the following General Plan goals
and policies in particular:
Resolution No PC 15-223
Planning Case 2013-247 SP
August 12, 2015
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-1.2 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.
LU-1.5 Support development and land use patterns, where
appropriate, that reduce reliance on the automobile and
capitalize on multimodal transportation opportunities.
LU-1.6 Coordinate land use, infrastructure, and transportation
planning and analysis with regional, county, and other local
agencies to further regional and subregional goals for jobs -
housing balance.
LU-1.7 Ensure neighborhood amenities and public facilities (natural
open space areas, parks, libraries, schools, trails, etc.) are
distributed equitably throughout the City.
LU-1.8 Ensure new development is carefully designed to avoid or
incorporate natural features, including washes, creeks, and
hillsides.
LU-1.9 Allow for flexible development standards provided that the
potential benefits and merit of projects can be balanced with
potential impacts.
LU-1.10 Buffer sensitive land uses, such as residences, schools, care
facilities, and recreation areas from major air pollutant
emission sources, including freeways, manufacturing,
hazardous materials storage, and similar uses.
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-1.2: Housing Design. Require excellence in housing design with
materials and colors, building treatments, landscaping, open
space, parking, and environmentally sensitive design
practices.
HE-1.3: Housing Diversity. Provide development standards and
incentives to facilitate a range of housing, such as single
Resolution No PC 15-223
Planning Case 2013-247 SP
August 12, 2015
family, apartments, senior housing, and other housing types
in rural, suburban, and urban settings.
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,
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.
Goal C-2: A bikeway and community pedestrian network that facilitates
and encourages nonmotorized travel throughout the City of
Menifee.
C-2.1 Require on- and off-street pathways to:
• Comply with federal, state and local design and safety
standards.
• Meet the needs of multiple types of users (families,
commuters, recreational beginners, exercise experts) and
meet ADA standards and guidelines.
• Be compatible with the streetscape and surrounding land
uses.
• Be maintained in accordance with best practices.
C-2.2 Provide off-street multipurpose trails and on -street bike lanes
as our primary paths of citywide travel, and explore the
shared use of low speed roadways for connectivity wherever
it is safe to do so.
C-2.3 Require walkways that promote safe and convenient travel
between residential areas, businesses, schools, parks,
recreation areas, transit facilities, and other key destination
points.
Resolution No PC 15-223
Planning Case 2013-247 SP
August 12, 2015
C-2.4 Explore opportunities to expand the pedestrian and bicycle
networks; this includes consideration of utility easements,
drainage corridors, road rights -of -way and other potential
options.
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.
OSC-1.4:
Enhance the natural environment and viewsheds through
park design and site selection while preserving sensitive
biological, cultural and historic resources.
OSC-2.1:
Develop recreational trails for hiking, biking, and equestrian
use throughout the City, making them, to the extent feasible,
accessible to people of different neighborhoods, ages, and
abilities.
OSC-4.1:
Apply energy efficiency and conservation practices in land
use, transportation demand management, and subdivision
and building design.
OSC-5.4: Establish clear and responsible policies and best practices to
identify, evaluate, and protect previously unknown
archaeological, historic, and cultural resources, following
applicable CEQA and NEPA procedures and in consultation
with the appropriate Native American tribes who have
ancestral lands within the City.
OSC-5.6: Develop clear policies regarding the preservation and
avoidance of cultural resources located within the City, in
consultation with the appropriate Native American tribes who
have ancestral lands within the City.
OSC-7.2: Encourage water conservation as a means of preserving
water resources.
Resolution No PC 15-223
Planning Case 2013-247 SP
August 12, 2015
OSC-7.5: Utilize a wastewater collection, treatment, and disposal
system that adequately serves the existing and long-term
needs of the community.
Goal OSC-8: Protected biological resources, especially sensitive and
special status wildlife species and their natural habitats.
OSC-8.1: Work to implement the Western Riverside County Multiple
Species Habitat Conservation Plan in coordination with the
Regional Conservation Authority.
OSC-8.8: Implement and follow MSHCP goals and policies when
making discretionary actions pursuant to Section 13 of the
Implementing Agreement.
Goal OSC-9: Reduced impacts to air quality at the local level by minimizing
pollution and particulate matter.
OSC-9.1: Meet state and federal clean air standards by minimizing
particulate matter emissions from construction activities.
OSC-9.3: Comply with regional, state, and federal standards and
programs for control of all airborne pollutants and noxious
odors, regardless of source.
OSC-9.5: Comply with the mandatory requirements of Title 24 Part 11
of the California Building Standards Code (CALGreen) and
Title 24 Part 6 Building and Energy Efficiency Standards.
Goal OSC-10: An environmentally aware community that is responsive to
changing climate conditions and actively seeks to reduce
local greenhouse gas emissions.
OSC-10.4: Consider impacts to climate change as a factor in evaluation
of policies, strategies, and projects.
Goal CD-1: A unified and attractive community identity that complements
the character of the City's distinctive communities.
CD-1.3 Strengthen the identity of individual
neighborhoods/communities with entry monuments, flags,
street signs, and/or special tree streets, landscaping, and
lighting.
Goal CD-3: Projects, developments, and public spaces that visually
enhance the character of the community and are
appropriately buffered from dissimilar land uses so that
differences in type and intensity do not conflict.
CD-3.3 Minimize visual impacts of public and private facilities and
support structures through sensitive site design and
construction. This includes, but is not limited to: appropriate
Resolution No PC 15-223
Planning Case 2013-247 SP
August 12, 2015
placement of facilities; undergrounding, where possible; and
aesthetic design (e.g., cell tower stealthing).
CD-3.8 Design retention/detention basins to be visually attractive
and well integrated with any associated project and with
adjacent land uses.
CD-3.9 Utilize Crime Prevention through Environmental Design
(CPTED) techniques and defensible space design concepts
to enhance community safety.
CD-3.10 Employ design strategies and building materials that evoke a
sense of quality and permanence.
CD-3.12 Utilize differing but complementary forms of architectural
styles and designs that incorporate representative
characteristics of a given area.
CD-3.13 Utilize architectural design features (e.g., windows, columns,
offset roof planes, etc.) to vertically and horizontally
articulate elevations in the front and rear of residential
buildings.
CD-3.14 Provide variations in color, texture, materials, articulation,
and architectural treatments. Avoid long expanses of blank,
monotonous walls or fences.
Goal CD-6: Attractive landscaping, lighting, and signage that conveys a
positive image of the community.
CD-6.1 Recognize the importance of street trees in the aesthetic
appeal of residential neighborhoods and require the planting
of street trees throughout the City.
Goal S-1: A community that is minimally impacted by seismic shaking
and earthquake -induced or other geologic hazards.
S-1.1 Require all new habitable buildings and structures to be
designed and built to be seismically resistant in accordance
with the most recent California Building Code adopted by the
City.
Goal S-2: A community that has used engineering solutions to reduce
or eliminate the potential for injury, loss of life, property
damage, and economic and social disruption caused by
geologic hazards such as slope instability, compressible,
collapsible, expansive or corrosive soils; and subsidence
due to groundwater withdrawal.
S-2.1 Require all new developments to mitigate the geologic
hazards that have the potential to impact habitable
structures and other improvements.
Resolution No PC 15-223
Planning Case 2013-247 SP
August 12, 2015
S-2.3 Minimize grading and modifications to the natural
topography to prevent the potential for man -induced slope
failures.
Goal N-1: Noise -sensitive land uses are protected from excessive
noise and vibration exposure.
N-1.1 Assess the compatibility of proposed land uses with the
noise environment when preparing, revising, or reviewing
development project applications.
N-1.2 Require new projects to comply with the noise standards of
local, regional, and state building code regulations, including
but not limited to the City's Municipal Code, Title 24 of the
California Code of Regulations, the California Green Building
Code, and subdivision and development codes.
N-1.3 Require noise abatement measures to enforce compliance
with any applicable regulatory mechanisms, including
building codes and subdivision and zoning regulations, and
ensure that the recommended mitigation measures are
implemented.
N-1.8 Locate new development in areas where noise levels are
appropriate for the proposed uses. Consider federal, state,
and City noise standards and guidelines as a part of new
development review.
N-1.14 Minimize vibration impacts on people and businesses near
light and heavy rail lines or other sources of ground -borne
vibration through the use of setbacks and/or structural
design features that reduce vibration to levels at or below the
guidelines of the Federal Transit Administration. Require
new development within 100 feet of rail lines to demonstrate,
prior to project approval, that vibration experienced by
residents and vibration -sensitive uses would not exceed
these guidelines.
N-1.15 Employ noise mitigation practices and materials, as
necessary, when designing future streets and highways, and
when improvements occur along existing road segments.
Mitigation measures should emphasize the establishment of
natural buffers or setbacks between the arterial roadways
and adjoining noise -sensitive areas.
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
Resolution No PC 15-223
Planning Case 2013-247 SP
August 12, 2015
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 a
mix of One -Family Dwellings (R-1), One -Family Dwellings 10,000 square foot
minimum (R-1-10,000), and Open Area Combining Zone (R-5) to Specific Plan
(SP with the associated Change of Zone 2014-017 application pursuant to
Resolution PC 15-225. The SP zone would reflect the proposed Cimarron Ridge
Specific Plan (Specific Plan 2013-247) to primarily allow 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 current mix of One -Family Dwellings (R-1), One -
Family Dwellings 10,000 square foot minimum (R-1-10,000), and Open Area
Combining Zone (R-5) does not allow for the size of lots proposed by the
associated Tentative Tract Map and development standards proposed by the
Specific Plan. Therefore, the proposed Specific Plan would be necessary to
potentially approve the Tentative Tract Map and Specific Plan to develop the
property.
3. 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 east and west within the City of Perris. 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 an
Environmental Impact Report which determined impacts including, but not limited
to biological resources, cultural resources, and noise would all be less than
significant. However, the Environmental Impact Report did determine that
Resolution No PC 15-223
Planning Case 2013-247 SP
August 12, 2015
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 is included for the Environmental Impact Report and
this project as pursuant to Resolution PC 15-222. 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.
4. 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") has been completed for the project and
recommended for certification by the City Council pursuant to Resolution PC 15-
222. The Tentative Tract Map at issue is consistent with the EIR, 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 Specific Plan No. 2013-247 as attached in Exhibit "1" to this
Resolution and subject to the Conditions of Approval Exhibit "2" to this Resolution with
the provision that the Specific Plan be revised so no residential lots are less than 6,000
square feet and with additional clarification to traffic analysis and improvements.
Resolution No PC 15-223
Planning Case 2013-247 SP
August 12, 2015
PASSED, APPROVED AND ADOPTED this the 12th day of August, 2015.
Chris Thomas, Chairman
Attest:
ennifer Allen, Deputy City Clerk
Approved as to form:
Ajit Thind, Assistant City Attorney
Scott A. Mann
Mayor
John V. Denver
Mayor Pro Tem
Greg August
Councilmember
Matthew Lieserneyer
Councilmember
Vacant
Councilmember
District 3
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
vww.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. PC15-223 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held
on the 121" day of August, 2015 by the following vote:
Ayes:
Doty, Karwin, Phillips, Sobek, Thomas
Noes:
None
Absent:
None
Abstain:
None
L
ieppiter Allen, Deputy City Clerk
EXHIBIT "2"
Conditions of Approval for Cimarron Ridge
Specific Plan
Specific Plan No. 2013-247
Section I: Conditions applicable to All Departments
Section II: Planning Conditions of Approval
Section III: Engineering/Grading/Transportation Conditions
of Approval
Section IV: Community Services Conditions of Approval
11
Section I:
Conditions Applicable to all
Departments
General Conditions
Definitions. The words identified in the following list that appear in all capitals in the
attached conditions of Planning Case No. 2013-247 (Specific Plan) shall be henceforth
defined as follows:
SPECIFIC PLAN = Specific Plan No. 2013-247 (Cimarron Ridge Specific Plan)
GENERAL PLAN AMENDMENT = General Plan Amendment No. 2014-016
CHANGE OF ZONE = Change of Zone No. 2014-017
EIR = Environmental Impact Report for the Cimarron Ridge Specific Plan
MMRP = Mitigation Monitoring and Reporting Program for the EIR
2. Specific Plan Description. Planning Application No. 2013-247 proposes a Specific Plan
establishing a land use plan, circulation plan, design standards and guidelines for a
240.3 acre area. The Specific Plan has a maximum of 756 single-family residential
dwelling units between seven (7) residential Planning Areas on 226.3 acres, a total of
10.9 acres of open space -recreational land use between three (3) Planning Areas, and
3.1 acres of open space -conservation in one (1) Planning Area.
Residential Planning Areas are divided into different categories based on the minimum
lot sizes of 5,000 square feet, 5,500 square feet, 6,500 square feet, and 10,000 square
feet with varied development standards for each Planning Area related to setbacks, lot
coverage, height, etc. A total of 470 units are designated in Planning Areas 1A, 3, 4A,
and 5A with a minimum lot size of 5,000 square feet, a total of 96 units are designated in
Planning Area 6 with a minimum lot size of 5,500 square feet, a total of 74 units are
proposed in Planning Area 7A with a minimum lot size of 6,500 square feet, and a total
of 116 units are designated in Planning Area 2 with a minimum lot size of 10,000 square
feet. Including just the residential acreage, a density of 3.34 dwelling units per acre is
proposed by the Specific Plan.
The Specific Plan proposes a 10.0 acre primary sports park (Planning Area 513) located
within the northern portion of the Specific Plan bordering McLaughlin Boulevard. This
park would include soccer and baseball/softball fields, restrooms, gazebos, picnic areas,
tot lot, and parking area. This park is anticipated to be dedicated to and maintained by
the City of Menifee. The location of these parks are shown in the above Land Use Plan
and conceptual design of these parks and further details are included within the Specific
Plan.
A 0.7 acre pocket park (Planning Area 4B) is proposed in the central portion of the
Specific Plan located adjacent to a water quality/detention basin and would include a tot
lot, gazebo/picnic area, half -court basketball, and open turf. A 0.2 acre pocket park
(Planning Area 1 B) is proposed in the southeast portion of the Specific Plan near Valley
Boulevard and Thornton Avenue and would include a tot lot, gazebo/picnic area, and
open turf. These pocket parks are anticipated to be owned and maintained by the
development's homeowner's association.
3
A 3.1 acre open -space conservation area (Planning Area 7B) is designated in the
northwest portion of the Specific Plan within a steeply sloped area that would remain
primarily natural and connect with the adjacent natural hillside areas to the west within
the City of Perris.
The Specific Plan Circulation Plan would generally match and expand that of the
General Plan Roadway Network. This would include designation of Valley Boulevard as
an Arterial Roadway (128 foot ROW), Goetz Road as Major Roadway (110 foot ROW),
McLaughlin Road as a Secondary Roadway (73 foot partial width ROW) and Byers Road
as a Collector Roadway (76 foot ROW). As noted in the General Plan Amendment
description, the Specific Plan would correct the alignment of Goetz Road relative to
Valley Boulevard to include a standard signalized intersection. The Specific Plan
Circulation Plan would also designate internal roadways including the extension of
Thornton Avenue and `U' Street as Promenade Streets with enhanced parkways and
bike paths and streets adjacent to the 10.0 acre park for with additional width for parking.
The Specific Plan includes a series of internal and regional trails. Decomposed granite
Community Trails are proposed along the west side of Valley Boulevard and south/east
side of Goetz Road. Class II bike trails are proposed on either side of Valley Boulevard,
Goetz Boulevard, Thornton Avenue, `U' Street, McLaughlin Road, and Byers Road.
Expanded (8 foot wide) sidewalks are included along the west side of Byers Road. The
Community Trails located along Valley Boulevard are in addition to General Plan
requirements. Bike trails located along Valley Boulevard, Goetz Road, McLaughlin
Road, and Byers Road reflect the designations for these trails within the General Plan
and the bike trails located along Thornton Avenue and `U' Street are in addition to
General Plan requirements.
The Specific Plan is proposed to be developed in seven (7) phases basically divided by
each Planning Area number. Development may occur out of order, but development is
anticipated to occur in order based on required infrastructure and road improvements.
Based on this the Specific Plan is anticipated to start at the southeast corner at Valley
Boulevard and Thornton Avenue (Planning Areas 1A and 113), move west and north
(Planning Areas 2, 3, 4A, and 4B) up to Goetz Road, continue on the east side of Valley
Boulevard (Planning Areas 5A, 513, and 6) and concluding on the west side of Valley
Boulevard and north side of Goetz Boulevard (Planning Areas 7A and 713).
3. Complete Specific Plan Document. Specific Plan No. 2013-247 shall consist of the
following:
a. Specific Plan Document, which must include the following items:
1. City of Menifee City Council Specific Plan Ordinance.
2. Conditions of Approval.
3. Adopting ordinance.
4. Specific Plan text.
b. Environmental Impact Report Document including the Draft and Final EIR.
If any specific plan conditions of approval differ from the specific plan text or exhibits, the
specific plan conditions of approval shall take precedence.
II
4. MMRP. The Environmental Impact Report prescribes certain environmental mitigation
measures that are mandated as part of the development of this specific plan. These
mitigation measures are included in these conditions of approval by reference.
5. Limits of SP Document. No portion of the SPECIFIC PLAN which purports or proposes
to change, waive or modify any ordinance or other legal requirement for the
development shall be considered to be part of the adopted specific plan. Notwithstanding
the above, the design guidelines and development standards of the SPECIFIC PLAN
shall apply in place of more general City guidelines and standards.
6. Ninety (90) Days to Protest. The applicant has ninety (90) days from the date of the
approval of these conditions to protest, in accordance with the procedures set forth in
Government Code Section 66020, the imposition of any and all fees, dedications,
reservations, and/or exactions imposed on this project as a result of the approval or
conditional approval of this project.
7. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the
City of Menifee and its elected city council, appointed boards, commissions, committees,
officials, employees, volunteers, contractors, consultants, and agents from and against
any and all claims, liabilities, losses, fines, penalties, and expenses, including without
limitation litigation expenses and attorney's fees, arising out of either the City's approval
of the Project or actions related to the Property or the acts, omissions, or operations of
the applicant/developer and its directors, officers, members, partners, employees,
agents, contractors, and subcontractors of each person or entity comprising the
applicant/developer with respect to the ownership, planning, design, construction, and
maintenance of the Project and the Property for which the Project is being approved. In
addition to the above, within 15 days of this approval, the developer/applicant shall enter
into an indemnification agreement with the City. The indemnification agreement shall be
substantially the same as the form agreement currently on file with the City.
5
Section II:
Planning Conditions of Approval
General Conditions
8. Maintain Planning Area and Phasing Numbering. All planning area and phase
numbers shall be maintained throughout the life of the SPECIFIC PLAN, unless
otherwise approved by the Community Development Director.
9. Planning Area Density Transfer. Density transfers between Planning Areas within the
SPECIFIC PLAN that does not increase the overall number of dwelling units or increase the
density above 5.0 dwelling units an acre for any individual planning area may be permitted
through a Substantial Conformance process as noted in the SPECIFIC PLAN.
10. Park Maintenance Annexation. A citywide Community Facilities District (CFD) has
been created to fund maintenance of parks, landscaping, lighting and other facilities. All
portions of the SPECIFIC PLAN shall annex into this CFD prior to recordation of any
subdivision.
11. Processing Fees for Subsequent Submittals. Any subsequent submittals required by
these conditions of approval, including but not limited to grading plan, building plan,
elevations, or mitigation monitoring review, shall be reviewed on an hourly basis
(research fee), or other such review fee as may be in effect at the time of submittal, as
required by the City of Menifee. Each submittal shall be accompanied with a letter clearly
indicating which condition or conditions the submittal is intended to comply with.
N
Section III:
Engineerinq/Transportation/Grading
Conditions of Approval
The following are the Public Works Engineering Department Conditions of Approval for this
development, which shall be satisfied at no cost to the City or any other Government Agency.
All questions regarding the intent of the following conditions shall be referred to the Public
Works Engineering Department, Land Development Section. The developer/property owner
shall use the standards and design criteria stated in the following conditions, and shall comply
with all applicable City of Menifee standards and ordinances. Should a conflict arise between
City of Menifee standards and design criteria, and any other standards and design criteria,
those of the City of Menifee shall prevail.
GENERAL CONDITIONS:
12. Subdivision Map Act - The developer/property owner shall comply with the State of
California Subdivision Map Act.
13. Final Environmental Impact Report (FEIR), Specific Plan — The development is
subject to the provisions and mitigation measures identified in a Final Environmental
Impact Report (FEIR) Reference SCH# 2014051029.
14. Tentative Parcel Map 36657 and Tentative Tract Map 36658— A financing/conveyance
Tentative Parcel Map (TPM) 36657, and a Tentative Tract Map (TTM) 36658 are being
considered for concurrent approval with this specific plan.
15. Specific Plan Development Concept — The development, located westerly of 1-215 and
southerly of McLaughlin Road, is a proposed subdivision of 240.3 acres into 756
residential lots through a seven -phase development of the tract map. The phases
coincide with the Planning Areas of the development. Phases 1, 2, 3, 4, 5, 6, and 7 (or
Final) are also Planning Areas 1, 2, 3, 4, 5, 6, and 7. The specific plan development
standards and design concepts that will guide the orderly delivery of required public
improvements for this project include the following:
Map Phasing — The seven map phases will each record a final map. Phases 1, 2, 3,
4, 5, 6 and 7 will record as final tract maps TR36658-1, -2, -3, -4, -5, -6 and TR36658
respectively. The final map phases shall be developed in sequential order beginning
with Phase 1, and ending with Phase 7 or Final. The developer/property owner may
request the development to occur out of sequential order, subject to City approval,
provided all COAs under TTM 36658 are met with regards to required improvements.
• Construction Phasing — It is anticipated that the development will be constructed in
two phases. Construction Phase I will encompass the development of Map Phases 1
to 4 (or Planning Areas 1-4), and Construction Phase II will encompass Map Phases
5 to 7 (or Planning Areas 5-7).
• Proposed Drainage Concept — The development, which accepts off -site drainage
from neighboring properties on the west and south, will incorporate 4 detention
basins, 7 small debris basins, onsite and offsite storm drain lines, and construction of
the Riverside County Flood Control master Lateral Line A-14, to address flows
generated by 10 year and 100 year rain events.
• Proposed WQMP System - The project will utilize portions of the four detention
basins, and several treatment train systems of Best Management Practices (BMPs)
and Low Impact Development (LID) facilities spread throughout the development to
address the Clean Water Act's requirement for new developments.
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• Public Infrastructure and Improvements — Traffic circulation is analyzed assuming
the development will occur in two phases of construction as stated above. Required
traffic signals, intersection improvements and street improvements to ensure an
orderly development will be delivered in phases as conditioned under TTM 36658.
Water, Sewer and Recycled Water Systems — The development will be serviced
by two water pressure service zones, that divide the area into two. The existing water
main lines and sewer main lines on McLaughlin and Thornton will be the main
connection points for these services. The construction of the utility infrastructure will
be coordinated with the development's map phasing and construction phasing.
• Citywide Community Facilities Maintenance District (CFD) 2015-2 Annexation —
The development will annex into the Citywide CFD 2015-2 to ensure that public
infrastructure will have ongoing funding source for maintenance.
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Section IV: Community Services
Conditions of Approval
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Prior to Issuance of a Given Building Permit
PARK CONDITIONS
16. Park Development Agreement. Pursuant to Municipal Code Section 9.55.120, the
following conditions shall serve as a Park Development Agreement for purposes of
modifying timeframes for submittal of park plans, park construction, and park dedication.
17. Park Improvements. Unless superseded by a Development Agreement, failure to
comply with any deadline for the development of the park and trail improvements and/or
amenities shall halt the issuance of building permits and suspension of all building
inspections for residential dwelling units within the subdivision.
18. Planning Area 1B Park Plans. Prior to the issuance of the 1st Building Permit within
Phase 1 of the SPECIFIC PLAN (Planning Area 1A), a minor plot plan application shall
be submitted to and approved by the Community Development Department showing the
conceptual park plans for Planning Area 1B on lot 757 of the TENTATIVE MAP.
Conceptual plans shall contain overall site map or tract map showing locations of all
parks, trails, channels, basins and/or open spaces; vicinity map; street names; north
arrow; adjacent land use; proposed park layout including but not limited to parking lot
and concrete layout, all proposed amenities, (including, but not limited to gazeboes, tot
lots, picnic areas, lighting, decomposed granite trails, etc. as shown in Figure 3.1-5 of
the Specific Plan); turf and planter layout; tree locations; and plant palette. The plans
shall be approved by The City or other entity acceptable to the City of Menifee. This
requirement may be superseded by a Park Development Agreement.
19. Planning Area 1B Park Construction. Prior to the issuance of the 45th Building
Occupancy within Phase -1 of the Tentative Tract Map (Planning Area 1A), the park
within lot 757 (Planning Area 1 B) shall be constructed, fully operable and open for public
use.
20. Planning Area 4B Plans. Prior to the issuance of the 1st Building Permit within Phase 4
of the SPECIFIC PLAN (Planning Area 4A), a minor plot plan application shall be
submitted to and approved by the Community Development Department showing the
conceptual park plans for Planning Area 4B on lot 758 of the TENTATIVE MAP.
Conceptual plans shall contain overall site map or tract map showing locations of all
parks, trails, channels, basins and/or open spaces; vicinity map; street names; north
arrow; adjacent land use; proposed park layout including but not limited to parking lot
and concrete layout, all proposed amenities, (including, but not limited to gazeboes,
basketball courts, tot lots, picnic areas, lighting, decomposed granite trails, etc. as
shown in Figure 3.1-4 of the Specific Plan); turf and planter layout; tree locations; and
plant palette. The plans shall be approved by the City of Menifee. This requirement
may be superseded by a Park Development Agreement.
21. Planning Area 4B Constructed. Prior to the issuance of the 45th Building Occupancy
within Phase -4 of the Tentative Tract Map (Planning Area 4A), the park within lot 758
(Planning Area 4B) shall be constructed, fully operable and open for public use.
22. Planning Area 5B Dedication/Plans. Prior to issuance of the 111 Occupancy Permit
within the SPECIFIC PLAN, the parkland designated as Planning Area 513 shall be
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offered for dedication to The City or other entity acceptable to the City of Menifee.
Additionally, working park plans shall be submitted to and approved by the Engineering
Department showing the conceptual park plans for Planning Area 5B. Plans shall contain
overall site map or tract map showing locations of all parks, trails, channels, basins
and/or open spaces; vicinity map; street names; north arrow; adjacent land use;
proposed park layout including but not limited to parking lot and concrete layout, all
proposed amenities, (including, but not limited to ball fields, soccer fields, gazeboes,
basketball and tennis courts, tot lots, picnic areas, lighting, decomposed granite trails,
etc. as shown in Figures 3.1-3A and 3.1-313 of the Specific Plan); turf and planter layout;
tree locations; and plant palette. The plans shall be approved by The City or other entity
acceptable to the City of Menifee. This requirement may be superseded by a Park
Development Agreement or may be otherwise deferred by the Community Development
Director based on reasonable justification to defer.
23. Planning Area 5B Constructed. Prior to the issuance of the 484' Building Permit within
the SPECIFIC PLAN or the 34th Building Permit within Phase -5 of the TENTATIVE MAP
(Planning Area 5), whichever shall occur first, the park within lot 759 (Planning Area 5B)
shall be constructed, fully operable and open for public use.
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The undersigned warrants that he/she is an authorized representative of the project
referenced above, that I am specifically authorized to consent to all of the foregoing
conditions, and that I so consent as of the date set out below.
Signed
Name (please print)
Date
Title (please print)
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