PC16-262Resolution PC 16-262
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING REVISED UNIT PHASING MAP
NO. 2016-077 UPDATING THE CONDITIONS OF APPROVAL OF THE
SECOND PHASE OF TR 31822
Whereas, on August 31, 2006, Audie Murphy Ranch, LLC, filed a formal
planning application with Riverside County for Unit Phasing Map No. 561 which allowed
the development of the second phase of Tract 31822 (Lots 65-90, 186-249, and School
Site); and,
Whereas, on December 14, 2006, Riverside County approved Unit Phasing Map
No. 561; and,
Whereas, on February 24, 2016, the applicant, K&A Engineering, submitted an
application to the Community Development Department to update the Conditions of
Approval for the second phase of TR 31822 approved by Riverside County on
December 14, 2006 under Unit Phasing Map No. 561 (UPH00561) to be consistent with
the updated conditions under UPH 2O16-047 and UPH 2O16-048; and
Whereas, on April 27, 2016, the City of Menifee Planning Commission removed
the item from the Consent Calendar and continued the item off calendar per the
applicant's request; and,
Whereas, on June 22, 2016, the City of Menifee Planning Commission, as part
of their Consent Calendar, considered Planning Application Revised Unit Phasing Map
No. 2016-077 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 UPH 2O16-077, the Planning Commission hereby makes the
following findings:
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 General Plan land use designation of the project site is Specific Plan (Audie
Murphy Ranch Specific Plan No. 209). The Specific Plan designates the
property for 2.1-5 Dwelling Units per Acre Residential (2.1-5R) and Public/Quasi
Public Facilities (PF): Schools.
The project, which updates the Conditions of Approval for the second phase of
TR 31822 approved by Riverside County to be consistent with the updated
conditions under UPH 2O16-047 and UPH 2O16-048, is consistent with the land
use of the site.
Surrounding properties within the Specific Plan to the north, south and west are
designated by the Specific Plan for 2.1-5 Dwelling Units per Acre Residential
(2.1-5R) uses. Surrounding properties to the east are designated Recreation
(OS-R) and 2.1-5R. The surrounding residentially designated property have a
similar density to the project site's designated density.
Resolution No PC 16-262
UPH 2O16-077
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 Audie Murphy Ranch Specific Plan No. 209, Planning
Areas 6 and 7. The proposed project is allowed under the Specific Plan and is
consistent with the zoning and development standards of the Specific Plan.
3. Consistency with Ordinance 460 Regulating the Division of Land.
Ordinance No. 460 states that "No unit map shall be approved unless it is
complete and in compliance with all of the provisions of this ordinance, including
fire protection, flood control, traffic circulation, access/secondary access and
environmental considerations, and with all conditions of approval of the tentative
map, including provisions and agreements for development of parks, schools,
and other facilities, and specifically approved by the Director of Transportation or
the Advisory Agency, whichever is appropriate, based on the application filed by
the land divider."
Fire Protection: UPH 561 was originally conditioned by Riverside County Fire.
Adequate fire protection has been provided with compliance with the tract map
conditions.
Flood Control: The City's Engineering Department has reviewed the phasing
maps and conditioned for drainage improvements for flood control to coincide
with the phasing of the map. Adequate flood control has been provided with
compliance with the tract map and unit phasing map conditions of approval.
Traffic Circulation and Access/Secondary: The City's Engineering Department
has reviewed the phasing maps and conditioned for road improvements to
coincide with the phasing of the map. The road improvements for each phase
take into consideration traffic circulation and provide for primary and second
access. Adequate traffic circulation and access has been provided with
compliance with the tract map and unit phasing map conditions of approval.
Environmental Considerations: Additional environmental review of the requested
extension is not required. The County adopted an Addendum to Environmental
Impact Report No. 436 (Environmental Assessment No. 39345) 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.
Conditions of Approval: The unit phasing maps are in compliance with the
original conditions of approval. The unit phasing maps do not change the design
of the maps or conflict with the conditions of approval.
Ordinance 460 states that "No phased map shall be approved under Section 8.3
unless the Transportation Department [i.e., Engineering Department] has
determined that any delay in property development allowed by phasing shall not:
Resolution No PC 16-262
UPH 2O16-077
a. Delay the construction of any critically needed facility which is conditioned
to be constructed with the delayed phase(s);
b. Result in the increase in Mello -Roos assessments, or similar property
improvement assessments to any existing end user of property within an
improved district of which the phased areas to be delayed is a party;
c. Cause a critical reserve fund deficiency, or where a critical deficiency
already exists, increase said deficiency, in any Mello -Roos district, or
similar property district, of which the phased areas to be delayed is a
party; or,
d. Cause increased expenses or assessments to existing end property uses
or any property owners association, maintenance district or similar
property maintenance facility of which the phased areas to be delayed is
a part."
The City of Menifee's Engineering Department has reviewed the proposed
phasing maps and found that none of the above listed situations would be
caused by approval of the revised phasing maps. Appropriate road and drainage
improvements have been conditioned to be installed with each phase of the map.
The unit phasing maps are in compliance with the findings required for approval
per Ordinance 460, Section 8.3.
4. 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 were
analyzed in an Environmental Assessment No. 39345 (Addendum to
Environmental Impact Report No. 436) and Environmental Impact Report No.
436. 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 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 revised conditions include standard City conditions of approval (such as
indemnification of the City).
5. 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. 436
(Environmental Assessment No. 39345) 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.
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
and orders as follows:
Resolution No PC 16-262
UPH 2O16-077
The Findings set out above are true and correct.
2. Revised Unit Phasing Map No. 2016-077 is hereby approved subject to the
Conditions of Approval Exhibit " 1 " to this Resolution.
PASSED, APPROVED AND ADOPTED this the ?2nd day of June.
RobeolP)Carwin, CWrman
Attest:
//"2 G'/- �
nifer Allen, Deputy City Clerk
/'-I�
pproved as to form:
Ajit ind, Assistant City Attorney
Scott A. Mann
Mayor
Greg August
Mayor Pro Tern
John V. Denver
Councilmember
Matthew Liesemeyer
Councilmember
Lesa Sobek
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.dtyofinenifee.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. PC16-262 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
22"d day of June, 2016 by the following vote:
Ayes:
Doty, Karwin, Madrid, Phillips, Thomas
Noes:
None
Absent:
None
Abstain:
None
v
J nifer Allen, Deputy City Clerk
G
P, ENIFE�
City of Menifee
29714 Haun Road
Menifee, CA 92586
Conditions of Approval for Revised Unit Phasing Map Nos. 2016-047, 2016-
048, and 2016-077
GENERAL CONDITIONS
1. Project Description
Revised Unit Phasing Map No. 2016-047 changes the sequencing order of the
first phase of TR 31822 approved by the County of Riverside on December 14,
2006 under Unit Phasing Map No. 560 (UPH00560) from Phase 1 to Phase 3
(i.e., final phase).
Revised Unit Phasing Map No. 2016-048 changes the sequencing order of the
third and final phase of TR 31822 approved by the County of Riverside on
December 14, 2006 under Unit Phasing Map No. 562 (UPH00562) from Phase 3
(i.e., final phase) to Phase 1.
Revised Unit Phasing Map No. 2016-077 updates the Conditions of Approval
for the second phase of TR 31822 approved by the County of Riverside on
December 14, 2006 under Unit Phasing Map No. 561 (UPH00561) to be
consistent with the updated conditions under UPH 2O16-047 and UPH 2O16-048.
2. 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.
3. Definitions
The words identified in the following list that appear in all capitals in the attached
conditions of Unit Phasing Map No. 2016-047, 2016-048, and 2016-077 shall be
henceforth defined as follows:
Conditions of Approval
Unit Phasing Maps
UNIT PHASING MAP = Unit Phasing Map No. 2016-047, 2016-048, and
2016-077 for Phases 1-3 of TR 31822, dated 2/25/16.
TENTATIVE MAP = Tentative Tract Map No. 31822, dated November 1,
2005.
SPECIFIC PLAN = Specific Plan No. 209, Amendment No. 5
CHANGE OF ZONE = Change of Zone No. 6616
GPA = Comprehensive General Plan Amendment No. 581
FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether
recorded in whole or in phases.
4. Comply with Prior Conditions
Development and use of these unit phasing maps shall comply with all applicable
conditions of Tract Map No. 31822 and Specific Plan No. 209, Amendment #5.
5. Ninety (90) Days
The permittee has ninety (90) days from the date of 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 other exactions imposed on this project as a result of this approval or
conditional approval of this project.
6. Ordinance Requirements
This land division shall comply with the State of California Subdivision Map Act
and to all requirements of County Ordinance No. 460, Schedule A, and
Ordinance No. 348 unless modified by the conditions listed herein.
7. Park/Open Space Construction
The timing of construction of the PA 40E and 42 located within TR 31822 shall be
constructed pursuant to the conditions of TR 31822 as modified under Extension
of Time No. 2015-200, regardless of what phase the Planning Areas are located
within.
ENGINEERING CONDITIONS:
The following are the Public Works Engineering Department Conditions of Approval for
these projects, 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.
Conditions of Approval
Unit Phasing Maps
A. General Conditions
8. Compliance with the State of California Subdivision Map Act - This land
division shall comply with the State of California Subdivision Map Act and to all
applicable City Ordinances and Resolutions.
9. Comply with Conditions of Approval for Tentative Tract Map 31822
Extension of Time — An Extension of Time, reference EOT 2015-200, for
TTM31822 is being processed for City approval concurrently with these Unit
Phasing Map Revisions, UPH 2O16-047, UPH 2O16-048, and UPH 2O16-077.
All unit -phasing maps for TTM31822 shall comply with all the conditions of
approval for EOT 2015-200 (Extension of Time for Tentative Tract Map 31822)
unless revised, or specifically addressed under these UPH Conditions of
Approval (COA). Phased final maps shall be in substantial conformance with
approved tentative map.
10. Order of Recordation for Final Maps - The final map phases may record
concurrently, or in phases. If multiple tract map phases are filed for final
recordation, the phases shall be recorded in the following order: Phase I Tract
Map 31822-1 shall record first, Phase II Tract Map 31822-2 shall record second,
and Phase III Tract Map 31822-F or final shall record last.
Prior to Final Map Recordation
11. Grading and Improvement Security and Agreements - Prior to recordation,
financial security shall be provided for all required grading and improvements
with each map phase. The developer/property owner shall post bonds or security
in forms acceptable to the City and in accordance with applicable City policies
and ordinances, and as determined and approved by the Public Works
Director/City Engineer.
Grading and improvements shall include, but not limited to: onsite/offsite grading,
street improvements, street lights, traffic signals, signing and striping,
landscaping within right of way or dedicated easements, water quality BMPs, and
storm drainage facilities.
12.Offsite Improvements with Map Phasing — The developer/property owner shall
provide offsite access roads to City -maintained roads as determined by the PW
Department. The Public Works Director may require the dedication and
construction of necessary utilities, streets or other improvements outside the area
of any particular tract map phase if the improvements are needed for circulation,
parking and access or for the welfare or safety
13. Offsite Right -of -Way or Easements - If off -site right-of-way or easements are
required for development of each map phase, the developer is required to secure
such right-of-way or easements at no cost to the City. In the event that the
developer requires the City's assistance to condemn said right-of-way or
easements, the developer shall enter into an agreement with the City for the
acquisition of said right-of-way or easements pursuant to Government Code
Conditions of Approval
Unit Phasing Maps
Section 66462.5, and pay any and all costs, as determined by the City,
associated with the condemnation process.
B. Street Improvements
14. All offsite and onsite street improvements shall be designed per City standards
and specifications, and shall be subject to the approval of the PW Director/City
Engineer.
Prior to Final Map Recordation
15. Final Phasing Map TR31822-F, Street Easements or Dedications — Prior to
final map recordation, any offsite easements or dedications from TR31822-1 and
TR31822-2, necessary to provide street access to final phase TR31822-F shall
be recorded either by the final map recordation of the first two phases, or by
separate instruments.
16. Final Phasing Map TR31822-F, Termination of Honeyrun Rd --The developer
shall submit a street termination design at the end of Honeyrun Rd consisting of,
but not limited to, landscaping, sidewalk, pavement and curb & gutter. A concept
of this design shall be reviewed and approved by the PW Director/City Engineer.
There is an existing parkway landscaping along the north and south sides of
Honeyrun Rd that are within the boundaries of City administered Landscaping
and Lighting Maintenance District (L&LMD) 89-1 C Locations 26, 30 & 32 of
L&LMD Zone 3. The landscaping irrigation improvement can tie to an available
service point for one of these locations. The developer may revise an existing
L&LMD approved plans or prepare a separate improvement plan for the
termination improvement. The plans shall be reviewed and approved by the PW
Engineering Department prior to final map recordation of Tract Map No. 31822-F.
The timing for the delivery of the completed improvement shall be determined by
the PW Director/City Engineer.
C. Domestic Water, Recycled Water and Sewer Improvements
17. All required domestic water, recycled water, and sewer improvements shall be
designed per the Eastern Municipal Water Districts (EMWD) standards and
specifications, including required auxiliaries and appurtenances. The final design,
including pipe sizes and alignments, shall be subject to the approval of EMWD.
Prior to Final Map Recordation
18. Unit Phasing Map TR31822-F — Prior to final map recordation, any offsite
easements or dedications from TR31822-1 and TR31822-2 that are necessary to
bring domestic water, recycled water and sewer services to the final phase
TR31822-F shall be dedicated and recorded either by the final map recordation
of the first two phases, or by separate instruments.
Conditions of Approval
Unit Phasing Maps
D. Water Quality Management Plans (WQMP)
Prior to Grading Permit Issuance
19. Final Project Specific Water Quality Management Plans (WQMP) — Prior to
issuance of a grading permit for any map phase, a FINAL project -specific WQMP
for each map phase shall be reviewed and approved by the PW Engineering
Department. The final WQMP shall be in substantial conformance with the
previously approved Preliminary WQMP for the TTM 31822. Each WQMP
maybe a stand-alone plan for each phase, or part of one WQMP approved for
TTM31822, provided the approved WQMP for TTM31822 addresses the
generated runoff from each map phase independent of each other. The project
specific WQMP shall be reviewed and approved by the PW Department,
following the latest WQMP guidelines issued by the Regional Water Quality
Control Board.
20. WQMP Right of Entry and Maintenance Agreement - Prior to, or concurrent
with the approval of the Final project -specific WQMP for each map phase, the
developer and record property owner of each map phase shall record Covenants,
Conditions and Restrictions (CC&R's), or enter into an acceptable Right -of -Entry
and Maintenance Agreement with the City to inform future property owners of the
requirement to perpetually implement the approved FINAL WQMP.
Prior to Issuance of Certificate of Occupancy
21. Completion of WQMP BMPs and Facilities — Prior to issuance of any
Certificate of Occupancy for any map phase, all structural Best Management
Practices (BMPs) and/or WQMP Facilities required by the approved Final Project
Specific WQMP shall be inspected for completion of installation in accordance
with approved plans and specifications, and the FINAL WQMP. The PW
Stormwater Inspection team shall verify that all proposed structural BMPs are in
working conditions, and that a hard copy and/or digital copy of the approved
FINAL WQMP are available at the site for use and reference by future
owners/occupants. The inspection shall ensure that the FINAL WQMP at the site
includes the BMP Operation and Maintenance Plan, and shall include the site
for in a City maintained database for future periodic inspection.
Conditions of Approval
Unit Phasing Maps
END OF CONDITIONS
The undersigned, as the applicant or representative of the applicant in the above noted
approval, hereby acknowledge receipt of these Conditions, have no questions regarding
the requirements contained herein and applied to the approval of the request and shall
abide by all such Conditions.
(Applicant/Representative Signature)
(Applicant/Representative — {Print Name})
(Date Signed)