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PC20-492 RESOLUTION NO. PC 20-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING THAT THE CITY COUNCIL APPROVE CHANGE OF ZONE NO. 2016-288, WHICH CHANGES THE ZONING CLASSIFICATION OF 79.86 ACRES ON THE SOUTHWEST CORNER OF BRIGGS ROAD AND OLD NEWPORT ROAD/ROCKPORT ROAD FROM AGRICULTURE (AG) TO SPECIFIC PLAN (SP) Whereas, on December 15, 2016, the applicant, Abarcherli Family Trust, filed a formal application with the City of Menifee for the approval of Change of Zone No. 2016- 288 (“Project”) to change the zoning classification of 79.68 acres on the southwest corner of Briggs Road and Old Newport Road/Rockport Road (APNs 364-190-005 and - 004) from Agriculture (AG) (formerly Heavy Agriculture – 10 Acre Minimum [A-2-10] prior to adoption of the City’s new Zoning Map) to Specific Plan (SP); and Whereas, the application for Change of Zone No. 2016-288 is being processed concurrently with applications for a General Plan Amendment No. 2016-287 to change the land use designation of the site from Agriculture (AG) to Specific Plan (SP), Specific Plan No. 2016-286 to establish a Specific Plan on the property, and Tentative Tract Map No. 2016-285 (TR 37131) to subdivide 79.68 acres into 305 residential lots; and, Whereas, on April 22, 2020, the Planning Commission held a duly noticed public hearing on Change of Zone No. 2016-288, 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 500 feet of the project boundaries and the entire Tierra Shores community to the north as well as to persons requesting public notice; and NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows: Section 1: The proposed Change of Zone is consistent with the intent of the goals and policies of the General Plan. Consistency with General Plan The current General Plan land use designation of the site is Agriculture (AG). The current zoning classification on the Project site is Agriculture (AG) (formerly Heavy Agriculture – 10 Acre Minimum [A-2-10] prior to adoption of the City’s new Zoning Map), which would allow heavy agricultural uses. The Project includes a proposed General Plan Amendment to Specific Plan, which would ensure the proposed Change of Zone to “Rockport Ranch Specific Plan” is consistent with the City’s General Plan. The Project site is surrounded to the south, north and west by similar style residential and recreational development in terms of scale and intensity. The proposed zoning for the Rockport Ranch Specific Plan provides land uses and development standards that implement the goals and policies of the General Plan, including providing a range of homeownership opportunities, concentrating growth in strategic locations near DocuSign Envelope ID: D94A745F-BB00-478F-97F1-766AEFA4E6E2 492 Page 2 of 7 Change of Zone No. 2016-288 April 22, 2020 transportation options, providing well-designed transitions between land uses, supporting multimodal transportation opportunities. The Change of Zone to Rockport Ranch Specific Plan, in conjunction with the associated Rockport Ranch Specific Plan, will address community planning goals and design elements for residential and recreational uses. Two main residential land uses are proposed within the Specific Plan area: a courtyard residential product and larger traditional single-family homes. The pond areas in the southern portion of the Plan area will be reconfigured into a large lake area and utilized as storm water basins during rain events for flood protection of the site. Landscape design was carefully considered to buffer the Specific Plan area from land uses to the east while maintaining a sense of residential transition from the neighborhood to the west and the RV park to the south. The project is compatible with surrounding land uses. In addition, the Change of Zone is consistent with the following City of Menifee General Plan policies: Land Use  Policy 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 project site is located adjacent to existing residential and recreational land uses along Old Newport Road and Briggs Road. Residential land uses are sited to the north and west. Count agricultural land is located to the east across Briggs Road, and an RV park is located to the south. Therefore, the Change of Zone would concentrate growth in a strategic location, continue the residential development that is already existing immediately to the west and north to a logical edge (Briggs Road).  Policy 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. The Change of Zone, which proposes to rezone the project site as Specific Plan, in conjunction with the Specific Plan itself, allows for two main residential land uses within the Specific Plan area; a courtyard residential product and traditional single-family homes. These uses include a variety of lot sizes, which offer choices for homebuyers in different income levels. The smaller courtyard residential product can accommodate new homebuyers in the lower end of economic spectrum, while lots ranging from 5,000 minimum sf to 7,000 minimum sf can accommodate a range of income levels. This mix of unit sizes and types diversifies the Specific Plan area and creates a sense of community, where people from all ends of the spectrum can afford to live in an attractive neighborhood. Therefore, the Specific Plan provides a range of homeownership opportunities DocuSign Envelope ID: D94A745F-BB00-478F-97F1-766AEFA4E6E2 Page 3 of 7 Change of Zone No. 2016-288 April 22, 2020 that allow potential residents to be able to afford to live and work in Menifee.  LU-1.6 Coordinate land use, infrastructure, and transportation planning and analysis with regional, county, and other local agencies to further regional and sub-regional goals for jobs-housing balance. This Change of Zone facilitates and contributes to regional housing needs. However, the coordination necessary to meet this goal lies with the broader collaboration of the City of Menifee’s land use planning and coordination with regional agencies.  LU-1.7 Ensure neighborhood amenities and public facilities (natural open space areas, parks, libraries, schools, trails, etc.) are distributed equitably throughout the City. The proposed Change of Zone facilitates residential development that will contribute fees in compliance with the Quimby Act, the city’s park fee ordinance, and the City’s Development Impact Fee ordinance and will contribute school fees to Menifee Union School District and Perris Union High School District. The city can then use those fees to acquire and/or build public facilities throughout the city in compliance with this General Plan goal.  LU-1.9 Allow for flexible development standards provided that the potential benefits and merit of projects can be balanced with potential impacts. The Specific Plan zone allows for a degree of design flexibility to respond to future conditions. In addition, the potential benefits and merits of the project are clearly listed in the Statement of Overriding Consideration attached to the concurrent EIR resolution. The benefits of the project, according to the resolution, outweigh the project impacts and, as stated above, the Specific Plan classification allows for design flexibility; therefore, the Change of Zone is consistent with this policy.  LU-2.1 Promote infill development that complements existing neighborhoods and surrounding areas. Infill development and future growth in Menifee is strongly encouraged to locate within EDC areas to preserve the rural character of rural, estate, and small estate residential uses. The Change of Zone is proposed on the site of a former dairy. The proposed land uses and densities for the project area are consistent with the surrounding uses within the city boundary. Residential subdivisions with comparable densities are located to the north and west of the project site. The proposed project location has no effect on rural, estate, or small estate residential uses within the City of Menifee. DocuSign Envelope ID: D94A745F-BB00-478F-97F1-766AEFA4E6E2 Page 4 of 7 Change of Zone No. 2016-288 April 22, 2020  LU-3.2 Work with utility providers to increase service capacity as demand increases. Appropriate capacity is available for the project area. As part of the Community Development Department’s typical entitlement review process, the project was provided to and reviewed by the applicable utility purveyors. Eastern Municipal Water District (EMWD) provided a “will serve letter” dated March 12, 2018 for water and sewer services.  LU-3.3 Work with utility providers to increase service capacity as demand increases. The proposed Change of Zone facilitates residential development that will provide offsite improvements to Briggs Road, Old Newport Road, and Tres Lagos Drive. The project is also required to pay their fair share toward offsite improvements at the intersection of Menifee Road and Newport Road and the intersection of Briggs Road and Holland Road. These payments would satisfy their fair share contribution to the city’s infrastructure improvements.  LU-3.4 Require that approval of new development be contingent upon the project’s ability to secure appropriate infrastructure services. Developers of the project area have secured service availability confirmation and agreed to offsite improvements for infrastructure services. Rockport Ranch will provide offsite improvements to Briggs Road, Old Newport Road, and Tres Lagos Drive. The project is also required to pay their fair share toward offsite improvements at the intersection of Menifee Road and Newport Road and the intersection of Briggs Road and Holland Road. These payments would satisfy their fair share contribution to the city’s infrastructure improvements.  Policy C-1.2 Require development to mitigate its traffic impacts and achieve a peak hour Level of Service (LOS) D or better at intersections, except at constrained intersections at close proximity to the I-215 where LOS E may be permitted. The development will mitigate its traffic impacts as required by findings within the EIR prepared concurrently with the Change of Zone. Traffic related mitigation measures are included within the Mitigation Monitoring and Reporting Program, which is an attachment to the EIR resolution.  Policy C-1.3 Work with Caltrans, RCTC, and others to identify, fund, and implement needed improvements to roadways identified in the citywide roadway network. The project will provide offsite improvements to Briggs Road, Old Newport Road, and Tres Lagos Drive. The project is also required to DocuSign Envelope ID: D94A745F-BB00-478F-97F1-766AEFA4E6E2 Page 5 of 7 Change of Zone No. 2016-288 April 22, 2020 pay their fair share toward offsite improvements at the intersection of Menifee Road and Newport Road and the intersection of Briggs Road and Holland Road.  Policy C-1.5 Minimize idling times and vehicle miles traveled to conserve resources, protect air quality, and limit greenhouse gas emissions. The Change of Zone location is close to Newport Road/Domenigoni Parkway and I-215. The proximity to both roadways will reduce the miles travelled and idle times for vehicle trips generated within the Specific Plan area. Additionally, fair-share contributions and/or mitigation requirements will be used to offset idling at key areas identified in the EIR.  Policy OSC-1.2 Require a minimum of 5 acres of public open space be provided for every 1,000 city residents. Developers the Rockport Ranch Specific Plan will pay fees according to the City of Menifee’s Municipal Code and Quimby resolution setting the amount of Quimby Fees, or as subsequently amended thereafter. For these reasons, the proposed Change of Zone No. 2016-288 is consistent with the City’s General Plan objectives, policies, and programs. In addition, the Change of Zone is consistent with all other elements of the General Plan. Section 2: The proposed Change of Zone prescribes reasonable controls and standards to ensure compatibility with other established uses. The project site is located south of Old Newport Road and the Tierra Shores residential development, west of Briggs Road, Ramona Egg Ranch, agricultural land, and unincorporated Riverside County, east of The Lakes residential development, and north of the Wilderness Lakes RV Resort. The proposed Change of Zone, which changes the zoning classification of the project site from Agriculture (AG) (formerly Heavy Agriculture – 10 Acre Minimum [A-2-10] prior to adoption of the City’s new Zoning Map) to Specific Plan (SP), is compatible with the surrounding land uses, General Plan land use designations and zoning classifications. The Land Use Plan of the Specific Plan was designed to ensure compatibility of proposed land uses with other established uses. The project places single-family residential uses adjacent to the existing residences to the north and west of the project site and places the courtyard single-family residential uses as well as the more-active recreational amenities within the center of the project site. The lot sizes and development standards of the Specific Plan are consistent with surrounding existing residential developments. In addition, the conceptual plans show enhanced landscaping for buffering. In addition, the lighting plans will be reviewed to ensure shielding and acceptable light levels at these adjacent uses. Therefore, the Specific Plan prescribes reasonable DocuSign Envelope ID: D94A745F-BB00-478F-97F1-766AEFA4E6E2 Page 6 of 7 Change of Zone No. 2016-288 April 22, 2020 controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses. Section 3: The proposed Change of Zone provides reasonable property development rights while protecting environmentally sensitive land uses and species. The property development rights are compatible and consistent with surrounding developments and the adopted City of Menifee Municipal Code. The proposed density and intensity of the Change of Zone is reasonable based on site and other constraints, including but not limited to drainage and surrounding existing and planned roadway infrastructure. Potential jurisdictional drainages throughout the site were analyzed and mitigation was included in the with the EIR review. Biological reports were conducted to determine sensitive species onsite and applicable mitigation measures included in the EIR were included for their protection. Therefore, the Specific Plan provides reasonable property development rights while protecting environmentally sensitive land uses and species. Section 4: The proposed Change of Zone ensures protection of the general health, safety and welfare of the community. The Change of Zone will not result in conditions detrimental to the public health, safety, or general welfare as designed and conditioned. The associated entitlements have been reviewed and conditioned by the City of Menifee Community Development, Engineering, Building and Safety and Fire Departments to ensure that it will not create conditions materially detrimental to the surrounding uses. Conditions of approval include substantial landscaping, park and other amenities to support the proposed residential component, roadway, trail and bike route/lane improvements consistent with the General Plan, fire infrastructure, relocation of the power poles along Briggs Road, and drainage improvements that will benefit the project site and surrounding areas. Section 5: 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 a separate Resolution. The potential impacts on the environment resulting from the maximum development permitted by the Change of Zone have been analyzed in the EIR, which the Planning Commission has considered as part of its proceedings. In addition, environmental impacts resulting from the implementation of the Change of Zone have been analyzed in an Environmental Impact Report (EIR). The EIR determined that potential impacts would all be less than significant with the necessary mitigation incorporated, except for significant and unavoidable impacts to Air Quality. A Statement of Overriding Considerations is included for the EIR stating that the impacts of the project are acceptable and outweighed by the DocuSign Envelope ID: D94A745F-BB00-478F-97F1-766AEFA4E6E2 Page 7 of 7 Change of Zone No. 2016-288 April 22, 2020 benefits of the project. With the exception of the environmental category of Air Quality, the proposed entitlements are 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. NOW THEREFORE, the Planning Commission of the City of Menifee hereby recommends to the City Council the following: 1. That the City Council determine that the “Findings” set out above are true and correct. 2. That the City Council finds that the facts presented within the public record and within the Planning Commission Resolution provide the basis to approve Change of Zone No. 2016-288, and that the Council approve said Change of Zone. PASSED, APPROVED AND ADOPTED this the 22nd day of APRIL 2020. _________________________ Randy Madrid, Chairman Attest: _______________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Ajit Thind, Assistant City Attorney DocuSign Envelope ID: D94A745F-BB00-478F-97F1-766AEFA4E6E2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC20- was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 22 day of April 2020 by the following vote: Ayes: Noes: Absent: Abstain: _______________________________ Stephanie Roseen, CMC Deputy City Clerk DocuSign Envelope ID: D94A745F-BB00-478F-97F1-766AEFA4E6E2 Diederich, Karwin, Phillips, Thomas, Madrid None 492 None None