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PC19-459RESOLUTION NO. PG 19.459 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING THAT THE CITY COUNGIL DENY TENTATTVE TRACT MAP NO. 2017-16s (TM NO. 373241 TO SUBDIVIDE 20.51 ACRES INTO 204 SINGLE FAMILY RESIDENTIAL LOTS AND COMMON AREA LOTS LOCATED ALONG THE EAST SIDE OF SHERMAN ROAD SOUTH OF GARBANI ROAD. Whereas, on June 2, 2017 the applicant, Sherman & Garbani, LLC and Sherman and Haun, LP, filed a formal application with the City of Menifee for Tentative Tract Map No. 2017-165 to subdivide 20.51 acres into 204 single family residential lots and common area lots for landscape setbacks, common open space, private streets and street parking located at along the east side of Sherman Road south of Garbani Road; and, Whereas, on August 14, 2019, the Planning Commission held a duly noticed public hearing on Tentative Tract Map No. 2017-165, considered all public testimony as well as all materials in the staff report and accompanying documents, 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 as well as both single family neighborhoods north of the project, and to persons requesting public notice and continued the project to September 11, 2019 in order for staff to provide findings to deny the Tentative Tract Map; and Whereas, on September 11,2019, the Planning Commission held the continued public hearing on Tentative Tract Map No. 2017-165 which was not required to be re- noticed because it was continued to a date certain; and Whereas, the Planning Commission of the City of Menifee makes the following Findings: Section 1:Consistency with the General Plan. The tentative tract map is inconsistent with the General Plan Land Use Map, applicable General Plan objectives, policies, and programs. The General Plan land use designation for the project site is Economic Development Corridor - Southern Gateway (EDC-SG). EDC areas are envisioned to develop primarily as nonresidential uses, with residential uses playing a supporting role. The proposed tentative tract map would develop 20.51 acres into residential development with 204 single family lots. When combined with the townhouse community proposed under Tentative Tract Map No. 2017-166 the overall project would develop more than sixty percent of the 58.51 acre site with residential uses. As such the project is primarily residential with non-residential uses playing a supporting role. Therefore the project is inconsistent with the intent and vison of the Genera! Plan. lnconsistencv with General Plan Page 1 of 5 The overall primarily residential project is located adjacent to EDC-SG designated property to the south and east and would not be compatible with the intent of the EDC-SG which envisioned the Southern Gateway to be developed primarily with Business Park uses. Plannino and Land Use Government Code Section 65589.5. Section 65589.5 of the Planning and Land Use Government Code statesthat when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, the City is required to make specific findings under this section of the Code. lt has been determined that the project does not comply with the Genera! Plan and therefore Section 65589.5 is not applicable to the project. However, it should be noted that the project would generate adverse significant and unavoidable impacts specifically, under the environmental categories of Air Quality, Greenhouse Gases, Transportationffraffic and Noise upon the public health and safety unless disapproved. These direct impacts generated by the project are based on objective standards including the South Coast Air Quality Management Plan and City's General Plan and are discussed in the Environmental lmpact Report prepared for the project. Consistencv with Housinq Element. The Project site is not identified in the City's Housing Element as a Housing Opportunity Site for residential. The Housing Element did not assume the site would contribute any dwelling units needed to meet the City's Regional Housing Needs Assessment (RHNA). Therefore denial of the Project would, not conflict with any density range or housing opportunity anticipated in the Housing Element. Section 2:/nconsistency with the General Plan. The design of the tentative tract map is rnconsistent with the General Plan. The General Plan land use designation for the project site is Economic Development Corridor - Southern Gateway (EDC-SG). EDC areas are envisioned to develop primarily as nonresidential uses, with residential uses playing a supporting role. The proposed tentative tract map would develop 20.51 acres into residentia! development with 204 single family lots. When combined with the townhouse community proposed under Tentative Tract Map No. 2017-166 the overall project as designed would develop more than sixty percent of the 58.51 acre site with residential uses. As such the project would implement a design that is primarily residential with non-residential uses playing a supporting role. Therefore the project design is inconsistent with the General Plan. Section 3: Consistency with the Zoning Code. The Tentative Tract Atlap is inconsistent with the zone designation Map, and applicable development standards within the zone designation: Page 2 of 5 Section 4: Section 5: Section 6: The project site is currently zoned EDC-SG and is consistent with the intent and vision of the General Plan land use designation of Economic Development Corridor- Southern Gateway. The provisions of the EDC-SG District zoning allow for areas designated EDC to develop primarily as nonresidential uses, with residential uses playing a supporting role as provided for in the General Plan. ln contrast, the tentative tract map does not implement the intent and vision of the EDC-SG as it would result in developing more than sixty percent of site with primarily residential uses. As such the tentative tract map is inconsistent with intent and vision of the EDC-SG and the project is not consistent with the zoning. The site of the proposed land division is not physically suitable for the proposed density of the development. The tentative tract map is a subdivision of approximately 20.51 acres into 204 single family lots with a density of 9.9 dwelling units per acre. Environmental impacts generated by the project have been analyzed in an Environmental lmpact Report (ElR). The EIR determined that the project would generate significant and unavoidable impacts under the categories of Air Quality, Greenhouse Gases, Transportation/Traffic, and Noise. The proposed density of the tentative tract map at this location results in the contribution to significant and unavoidable impacts identified by the EIR prepared for the project, therefore the site is not physically suitable the proposed density of development. The design of the Tentative Tract Map and improvemenfs are likely to cause serious public health problems. Environmental impacts resulting from the implementation of the Tentative Tract Map have been analyzed in an Environmental Impact Report (EIR). The EIR determined that the project would generate significant and unavoidable impacts under the categories of Air Quality, Greenhouse Gases, Transportation/Traffic, and Noise which are likely to cause serious health problems with other properties and land uses in the project vicinity including residential neighborhoods north of the project site. Compliance with CEQA. Processing and denial of the tentative tract map application are in compliance with the requiremenfs of the California Environmental Qual ity Act. An Environmental lmpact Report (EIR) has been completed for the project which determined that the project would generate significant and unavoidable impacts under the categories of Air Quality, Greenhouse Gases, Transportationffraffic, and Noise. More specifically, the project would have the following impacts: Air Quality The project would result in significant and unavoidable impacts relating to operational NOx emissions during operations that would exceed applicable South Coast Air Quality Management District regional thresholds of significance during operations even after implementation of Page 3 of 5 mitigation measures and no feasible measures have been identified to reduced to levels that are less than significant. Further, the NOx exceedances would also cause significant and unavoidable impacts because the project would not be consistent with the Air Quality Management Plan, which would result in a cumulatively unavoidable sig nificant adverse impact. Greenhouse Gases The proposed Project will contribute to global climate change by its incremental contribution of greenhouse gasses. Even with implementation of the recommended mitigation measures identified in Section 4.4.7 of the Air Quality Section, the project exceeds both the SCAQMD screening threshold of 3,000 MTCO2e (Project = 1 1,385.63 MTCO2e) and the interpolated SCAQMD 2022 Target Service Population threshold of 4.56 MTCO2e/SP/year (Project = 7.7 MTCO2e/SP/year) for projects. Thus, exceedances of applicable SCAQMD regional thresholds are considered significant and unavoidable, and the operation of the proposed project would create a significant cumulative impact to global climate change. Project-related GHG emissions are therefore considered to be significant and would result in an unavoidable significant adverse impact on global climate change. Noise The existing noise setting of the proposed project site will be permanently altered as a result of implementation of the proposed Project. Offsite traffic activities are forecast to make a cumulative contribution to significant noise along four affected roadways: . Tupelo Street - Bradley to Sherman Roado Garbani Road - Sherman to Haun Road. Bradley Road - south of Craig Avenue. Sherman Road - Tupelo Street to Garbant Road Mitigation is available consisting of installing noise barriers or interior noise reducing modifications to existing homes however this mitigation cannot be enforced. As such, the Project will contribute significant and unavoidable offsite cumulative noise impacts and as such will cause an unavoidable adverse noise impacts in the project area. Trans portationff raffic lmplementing the proposed Project will generate a substantial number of new trips that are forecast to require modifications to the area and local circulation systems. With implementation of the proposed circulation system improvements the project will not cause a significant adverse impact to the circulation system. With implementation of the identified offsite roadway improvements, the long-term, project specific and cumulative circulation system impacts will not be significant if these improvements are completed prior to when the traffic is actually generated. However, given the uncertain nature of the timing of all Page 4 of 5 improvements, an unavoidable significant adverse transportation impact will result from implementation of the proposed Project. ln order to allow for the approval of the project, a Statement of Overriding Considerations was prepared for the EIR listing possible benefits provided by the project; however, the Planning Commission has considered these benefits against the significant and unavoidable impacts generated by the project and has determined that the benefits Iisted in the Statement of Overriding Considerations do not outweigh the potential significant unavoidable adverse environmental impacts. As such, the Planning Commission recommends that the City Council deny certification of the EIR pursuant to a separate Resolution. NOW, THEREFORE, The Planning Commission of the City of Menifee recommends to the City Council the following: 2 1 That the City Council determine that the Findings set out above are true and correct. That the City Council finds that the facts presented within the public record and within the Planning Commission Resolution provide a basis to deny Tentative Tract Map No. 2017-165 (Tentative Tract Map No. 37324). PASSED, APPROVED AND ADOPTED this the 11th day of September, 2019. hairman Attest: nie Roseen, Deputy Clerk Approved as to form Th , Assistant City Attorney P Page 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certifythat the foregoing Planning Commission Resolution No. PC19-459 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 11 of September 2019 by the following vote: Ayes: Phillips, Thomas, Kanrvin Noes: Diederich, Madrid Absent: None Abstain: None nie Roseen, CMC Deputy City Clerk ) )ss ) iuEN I FEE Op F-E