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PC19-442Resolution No. PC 19-442 Whereas, on March 3,2006, MR 27 LLC, the applicant, filed a formal planning application with Riverside County for Tentative Tract lvlap No. 34600 to subdivide 18.3 acres into one lot for condominium purposes for the establishment of '153 detached, alley loaded single family residential units, one recreational center and one pool for an overall density of 8.36 dwelling units per acre, for property located south of Watson Road, east of Malone Avenue and to the west of Briggs Road; and, Whereas, on February 5, 2008, the Riverside County Board of Supervisors held a duly noticed public hearing on Tentative Tract Map No. 34600, and at the meeting approved Tentative Tract Map No. 34600; 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 [\/ap Act (California Government Code), which automatically extends the life of any tentative 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. 34600 and extended the expiration date of the map to February 5, 2013; and, Whereas, on July 15, 201 1 , AB 208 was signed into law, which extended for two years the life of those tentative maps that had not expired by J uly 1 5, 201 1 (the date the new law took effect) and that would have otheMise expired before January 1,2014. AB 208 applied to Tentative Tract Map No. 34600 and extended the expiration date of the map to February 5, 2015; and, Whereas, on July 1 'l , 201 3, AB 1 16 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. 34600 and extended the expiration date of the map to February 5, 2017 , and, Whereas, on January 25,2019, the applicant WSI Desert Properties, LLC submitted an application to the Community Development Department for the third one- year extension of time for Tentative Tract Map No. 34600; and, Whereas, on February '13, 2019, the City of Menifee Planning Commission, as part of its Consent Calendar, considered Planning Application No. 2019-031 for a third one-year extension for Tentative Tract I\/ap No. 34600 (in compliance with Ordinance No.460 and the California Subdivision Map Act, which both allow up to five one-year discretionary extensions of time on maps) 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 [\/ap No. 34600 and EOT 2019-031 , the Planning Commission hereby makes the following findings: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING EXTENSION OF TIME NO. 20I9.031 FOR THE THIRD DISCRETIONARY ONE-YEAR EXTENSION OF TENTATIVE TRACT MAP NO. 34600 Resolution for 3'd EOT for TR34600 EOT 2019-031 1. Consistency with the General Plan. The tentative tract map is consistent with the General Plan Land Use Map, Specific Plan and applicable General Plan objectiv e s, pol icies, a nd program s. The project has a General Plan Land Use Designation of Specific Plan (Menifee North Specific Plan No. 260, Planning Area 23A High [Garden Courtsl). The intent of the Specific Plan land use designation is to recognize areas where an existing specific plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. The Specific Plan envisioned garden court residential at a density of approximately 8.5 dwelling units. The proposed project, 153 condominium units at a density of 8.36 dwelling units an acre, is consistent with the Specific Plan. The project is consistent with the following City of l\ilenifee General Plan policies: 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. The proposed project is located within an urbanized area designated for residential use, and would, therefore, avoid and/or preserve rural areas of the City. LU-3.4 Require that approval of new development be contingent upon the project's ability to secure appropriate infrastructure servlces. The subdivision includes Conditions of Approval which require appropriate infrastructure. ln addition, the subdivision has been reviewed and conditioned for consrstency with the requirements for domestic water, fire protection, sewage disposal, fences, and electrical communication facilities. 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 slephensr) (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 within a Criteria Cell or Cell Group. The project will be subject to the payment of fees Consistency with Housing Element. The property is identified in the City's Housing Element as a Housing Opportunity Site for residential with a density of 8.1-14 du/acre Residential (8.1-14R). This density is anticipated to provide housing capable of supporting moderate income housing. The proposed project has a density of 8.36 dwelling units per acre and falls within the density range identified in the Housing Element. The project is therefore consistent with the Housing Element. Consistencv with Multiole Soecies Habitat Conservation Plan (l/SHCP) Resolution for 3'd EOT for TR34600 EOT 2019-031 for a residential project consistent with Riverside County Ordinance No. 810.2 as adopted by the City of hilenifee. 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. The project site is surrounded by other properties located in the trilenifee North Specific Plan. To the north, property is within Planning Area 22 (Medium High) and Planning Area 20 (Community Center/Park). Property to the south is designated Planning Area 23B (Commercial). Planning Area '18 (Medium Residential) and Planning Area 19 (Commercial/Business Park) are located to the west. Planning Atea 24 (Medium-High Residential) and Planning Area 26 (Medium Residential) are located to the east. The project is part of a master planned community that incorporates design guidelines and standards for buffering and screening. The classifications of surrounding properties are compatible with the Specific Plan designations of the pro.iect site. 2. Consistency with the Zoning Code The zoning of the project site is the Menifee North Specific Plan No. 260 (Planning Area 23A). The proposed project is for the development of 153 detached condominium units, recreation center and pool. As described above, the proposed project is consistent with the allowed density of the Specific Plan. The project is allowed under the Specific Plan. The project is consistent with the development standards of the Specific Plan. The project site is surrounded by other properties located in the Menifee North Specific Plan. To the north, property is within Planntng Area 22 (Medium High) and Planning Area 20 (Community Center/Park). Property to the south is designated Planning Area 238 (Commercial). Planning Area 18 (Medium Residential) and Planning Area '19 (Commercial/Business Park) are located to the west. Planning Area 24 (Medium-High Residential) and Planning Area 26 (Medium Residential) are located to the east. The project is part of a master planned community that incorporates design guidelines and standards for bufferlng and screening. The classifications of surroundlng properties are compatible with the Specific Plan designations of the project site. 3. Consistency with Ordinance 460 Regulating the Division of Land The tentative tract map proposes a subdivision for condomrnium purposes of 18.5 acres into one (1) lot to accommodate a proposed condominium project consisting of 153 dwelling units. The subdivision has been reviewed and conditioned for consistency with the requirements for lot layout, lot frontage, streets, domestic water, fire protection, sewage disposal, fences, and electrical communication facilities. The subdivision is consistent with the map requirements of Ordinance No. 460. 4. The site is physically suitable for the type of development and the proposed density of the development. Resolution for 3'd EOT for TR34600 EOT 2019-03i The subject site is a vacant, relatively flat, previously disturbed site and is part of a Specific Plan (master planned development). The project site is surrounded by an existing park, community center and proposed residential to the north, a future commercial center to the south, future commercial and residential to the west and future residential to the east. Highway 74 is to the south of the site, Briggs Road is to the east and Malone Avenue to the west. The development of the subject site would implement the adopted Specific Plan and create a development in an existing urban area. The proposed density of the project is consistent with the Specific Plan, and the surrounding residential uses mentioned above. Therefore, given the relatively flat topography of the subject srte and the nature of the existing and planned development that surrounds the project, the site is physically suitable for this type of development and the proposed density of the development. 5. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare. The public health, safety and general welfare are protected through project design and conditions of approval. Environmental impacts of the project were analyzed in a Mitigated Negative Declaration (Environmental Assessment No. 40275). The approved mitigation measures have been incorporated by reference 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 applicant has consented to the additions of those conditions. 6. Compliance with CEQA. Processing and approval application are in compliance with the requirements Environmental Quality Act. of the of the extension California Additional environmental review of the requested extension is not required. The County adopted Environmental Assessment No. 40275 (Mitigated Negative Declaration) with the approval of Tentative Tract Map No. 34600. 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 by reference into the conditions of approval. Section 2. The Planning Commrssion of the City of Menifee approves the Third Extension of Time for Tentative Tract Map No. 34600 (2019-031 EOT) subject to the following: (a) The Conditions of Approval set forth in attached Exhibit "A" have been modified for the public health, safety and welfare of the City of ltlenifee; and (b) The Conditions of Approval set forth in attached Exhibit "A" supersede all previous conditions of approval placed on Tentative Tract Map No. 34600 and all previous conditions of approval placed on Tentative Tract Map No. 34600 are rendered null and void; and (c) The Conditions of Approval set forth in attached Exhibit "A" have been agreed to Resolution for 3'd EOT for TR34600 EOT 2019-031 Attest. te nte Roseen,uty City CIerk Ajit Thind, Assistant City Attorney by an authorized representative as indicated by the signature at the end of the Conditions of Approval; and (d) The third one-year extension for Tentative Tract Map No. 34600 is approved and the map is valid through February 5,2020, subject to the Conditions of Approval set forth in the Resolution approving Extension of Time No. 2017-003 for Tentative Tract Map No. 34600. PASSED, APPROVED AND ADOPTED this the 13th day of FEBRUARY 2019 Ro ert P hair Approved as to form: ?t^IIE \# l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolutron No. PC19-442 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 13rh of February, 2019 by the following vote: STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE Ayes: Noes: Absent: Abstain: ) )ss ) Diederich, Phillips, Thomas, Madrid, Kanarin None None None nie Roseen, Deputy City Clerk t