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PC15-231Resolution No. PC15-231 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING EXTENSION OF TIME NO. 2015-159 FOR THE FIRST DISCRETIONARY ONE-YEAR EXTENSION OF TENTATIVE TRACT MAP NO. 32100 Whereas, on February 5, 2004, Diamond Brothers Five Partnership, the applicant, filed a formal planning application with Riverside County for Tentative Tract Map No. 32100 to subdivide 68.61 gross acres into165 single family residential lots, located north of Domenigoni Parkway, south of Salt Creek and east of Lindenberger Road; and, Whereas, on September 28, 2005, the Riverside County Planning Commission held a duly noticed public hearing on an Addendum to Environmental Impact Report No. 122 (Environmental Assessment No. 39417) and Tentative Tract Map No. 32100, and at the meeting the Riverside County Planning Commission adopted the Addendum to Environmental Impact Report No. 122 and approved Tentative Tract Map No. 32100; and, Whereas, on July 15, 2008, California Senate Bill 1185 was signed into law, which added sections 66452.11 through 66452.13 to the Subdivision Map Act (California Government Code) by automatically extending the life of any tentative Parcel map, vesting tentative Parcel map, or tentative parcel map for one additional year, if the map approval had not expired by July 15, 2008 but would expire before January 1, 2011. SB1185 applied to Tentative Tract Map No. 32100 and extended the expiration date of the map to September 28, 2009; and, Whereas, on July 15, 2009, Assembly Bill 333 was signed into law, which amended Section 65961 and added Section 66452.22 to the Subdivision Map Act (California Government Code) by automatically extending the life of any tentative Parcel map, vesting tentative Parcel map, or tentative parcel map for two additional years, if the map approval had not expired by July 15, 2009 but would expire before January 1, 2012. AB 333 applied to Tentative Tract Map No. 32100 and extended the expiration date of the map to September 28, 2011; and, Whereas, on July 15, 2011, AB 208 was signed into law, which extended for two years the life of those tentative and vesting tentative maps that were still alive on July 15, 2011 (the date the new law took effect) and that would have otherwise expired before January 1, 2014. AB 208 applied to Tentative Tract Map No. 32100 and extended the expiration date of the map to September 28, 2013; and, Whereas, on July 11, 2013, AB 116 was signed into law, and automatically extended the expiration date for any tentative map for an additional two years if the map was approved on or after January 1, 2000 and had not expired on or before July 13, 2013. AB 116 applied to Tentative Tract Map No. 32100 and extended the expiration date of the map to September 28, 2015; and, Whereas, on July 17, 2015, the applicant Diamond Brothers 5 Partnership LP, submitted an application to the Community Development Department for the first one- year extension of time for Tentative Tract Map No. 32100; and, Resolution No. PC 15-231 EOT 2015-159 Whereas, on September 23, 2015, the City of Menifee Planning Commission, as part of their Consent Calendar, considered Planning Application No. 2015-159 for the first one-year extension for Tentative Tract Map No. 32100 (in compliance with Ordinance No. 460 and the California Subdivision Map Act, which both allow up to five one-year extensions) and considered materials in the staff report and accompanying documents; and, NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows: Section 1. With regard to Tentative Tract Map No. 32100 and EOT 2015-159, the Planning Commission hereby makes the following findings: 1. 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 is Specific Plan (Menifee Village Specific Plan No. 158). The Specific Plan designates the property for Medium Density Residential Uses (2-5 dwelling units per acre). The project, which allows the subdivision of 68.61 acres into 165 single family residential lots, is consistent with the land use of the site. Surrounding general plan land uses include additional properties within the Menifee Village Specific Plan to the north, south and west and are designated by the Specific Plan for open space and residential uses. The residentially designated property has a similar density to the project site's designated density. The general plan land use to the east of the site is designated Medium Density Residential (2.1-5 dwelling units an acre) and Rural Mountainous (RM — 10 acre minimum). The project is consistent with the land use to the east which provides for a similar density. The project site contains open space in areas adjacent to property to the east designated as Rural Mountainous. The project is consistent with the general plan land use of the site and surrounding general plan land use designations. 2. Consistency with the Zoning Code. The zoning of the site is the Menifee Village Specific Plan No. 158, Planning areas 4-3 and 4-4 (Medium Density Residential). The proposed project is allowed under the Specific Plan and consistent with the zoning and development standards of the Specific Plan. 3. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare. The public's health, safety and general welfare are protected through project design and conditions of approval. Environmental impacts of the project have been analyzed in an Environmental Impact Report No. 122 (Environmental Assessment No. 39417) and associated Addendum. The approved mitigation measures have been incorporated into the conditions of approval. The City of Menifee Community Development Department and Engineering Department, as part of the review of this extension of time request determined it necessary to recommend the addition of new conditions of Resolution No. PC 15-231 EOT 2015-159 approval in order to be able to make a determination that the project does not adversely affect the general health, safety and welfare of the public. The conditions include standard City conditions of approval (such as indemnification of the City), landscaping conditions to ensure viable landscaping throughout the life of the permit and compliance with new state laws regarding drought tolerant planting and irrigation, and engineering conditions to update the road standards to current standards. 4. Compliance with CEQA. Processing and approval of the extension application are in compliance with the requirements of the California Environmental Quality Act. Additional environmental review of the requested extension is not required. The County adopted an Addendum to Environmental Impact Report No. 122 (Environmental Assessment No. 39417) with the approval of the tentative tract map. The previous environmental documents analyzed and mitigated for all potentially significant effects from the development of the project. The approved mitigation measures have been incorporated into the conditions of approval. Section 2. The Planning Commission of the City of Menifee approves the First Extension of Time for Tentative Tract Map No. 32100 (2015-159 EOT) subject to the following: (a) The Conditions of Approval set forth in Exhibit "A" have been modified and added for the public health, safety and welfare of the City of Menifee; and (b) The Conditions of Approval set forth in Exhibit "A" supersede all previous conditions of approval placed on Tentative Tract Map No. 32100 and all previous conditions of approval are rendered null and void; and (c) The Conditions of Approval set forth in Exhibit "A" have been agreed to by an authorized representative of as indicated by the signature at the end of the Conditions of Approval; and (d) The first one-year extension for Tentative Tract Map No. 32100 is approved and the map is valid through September 28, 2016, subject to the attached Conditions of Approval, set forth in Exhibit "A"., Resolution No. PC15-231 EOT 2015-159 PASSED, APPROVED AND ADOPTED this the 2311 day of September, 2015. Chris Thomas, Chair Attest: �Inif6r Allen, Deputy City Clerk Approved as to form: Ajit T Assistant City Attorney Scott A. Mann Mayor John V. Denver Mayor Pro Tem Greg August Councilmember Matthew Liesemeyer Councilmember Vacant Councilmember District 3 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 Nw.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. PC15-231 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 23rd day of September, 2015 by the following vote: Ayes: Doty, Phillips, Karwin, Sobek, Thomas Noes: None Absent: None Abstain: None nnifer Allen, Deputy City Clerk