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PC20-499RESOLUTION NO. PC 20-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING THAT THE CITY COUNCIL APPROVE CHANGE OF ZONE NO. 2017-188, WHICH CHANGES THE ZONING CLASSIFICATION OF 331 ACRES ON PROPERTY SOUTH OF ROUSE ROAD, EAST OF ENCANTO DRIVE AND WEST OF ANTELOPE ROAD FROM FLEMING RANCH SPECIFIC PLAN TO LEGADO SPECIFIC PLAN Whereas, on June 19, 2017, the applicant, BLC Fleming, LLC filed a formal application with the City of Menifee for the approval of Change of Zone No. 2017-188 to change the site’s existing zoning from “Scenic Highway Commercial (C-P-S”) and “One- Family Dwellings (R-1)” to “Specific Plan Zone (SP).” on the property as identified as APNs 333-020-009, 333-020-010 (partial), 333-030-012, 333-030-013, 333-030-021, and 333-030-022 (partial); and Whereas, on December 18, 2019 the City of Menifee adopted a new zoning map that went into effect on January 18, 2020, and pursuant to the new zoning map, the Project site’s zoning designation is SP “Fleming Ranch Specific Plan Zone” and therefore, the Change of Zone application was modified to rename the site’s updated existing zoning designation from “Fleming Ranch Specific Plan Zone” to “Legado Specific Plan Zone” on the City’s zoning map and within Title 9 of Menifee Municipal Code; and, Whereas, the application for Change of Zone No. 2017-188 is being processed concurrently with applications for a Specific Plan (2017-187) which establishes land uses and development standards for 331 acres, including the Project area; Tentative Tract Map No. 2017-264 (TM37391) a large lot subdivision of the specific plan area for conveyance purposes; Vesting Tentative Tract Map No. 2018-137 (TM37408) for the subdivision of the western portion of the Specific Plan area into 475 residential lots; Vesting Tentative Tract Map No. 2018-138 (TM37409) for the subdivision of the eastern portion of the Specific Plan area into 547 residential lots; and Development Agreement No. 2018-277 for the establishment of provisions for development of the Project such as, but not limited to infrastructure improvements, park benefits, vesting of development rights and timing of public improvements; and, Whereas, on May 13, 2020, the Planning Commission, held a duly noticed Public Hearing on the Project, considered all public testimony as well as 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, notices placed on the project site, and notice to property owners within 300 feet of the Project boundaries, and 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. The General Plan land use designation of the site is Specific Plan. The change of zone proposes to change the zoning of the site as identified on the City’s recently adopted zoning map from Fleming Ranch Specific Plan to Legado Specific Plan. The zone change would also include updating DocuSign Envelope ID: 6B217520-7E5B-4FBD-88F3-9C8670953894 499 Page 2 of 9 Change of Zone No. 2017-188 May 13, 2020 Title 9, Article 3 “Zones”, Chapter 9.155.020 “Adopted Specific Plans”, from “Fleming Ranch (in process)” to “Legado Specific Plan.” The zone change does not change the density or intensity of development for the project site. The General Plan land use designation of the site is Specific Plan (Fleming Ranch); however, the Fleming Ranch Specific Plan was never adopted nor approved. At the time of the preparation of the General Plan in 2013, the Fleming Ranch Specific Plan project was considered to be in process and the Land Use Element Background Report specifies that the specific plan land use designation represents both approved or in-process projects. It was assumed that the Fleming Ranch Specific Plan would be approved soon after the adoption of the General Plan, which occurred in December 2013, and if not, the developer of the project area would need to process a Specific Plan for the development of the area. The intent of the Specific Plan general 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. Since no Specific Plan is in place for the property, the applicant has prepared and processed the Legado Specific Plan (which was previously called the Fleming Ranch Specific Plan) to provide the policies, standards and criteria for development of the area. The proposed Legado Specific Plan is consistent with the General Plan. The Specific Plan provides land uses, development standards and design guidelines that implement the goals and policies of the General Plan. Roadways, trails, bike lanes, enhanced landscape corridors, and a possible opportunity for a City gateway monument have been incorporated into the Specific Plan consistent with the General Plan. Existing General Plan land use designations north of the Project site include “Commercial Office (CO),” “Commercial Retail (CR),” “2.1-5 dwelling units per acre (du/ac) Residential (2.1-5 R),” and “Rural Residential – 5 acre minimum (RR5).” Lands to the east of the Project site are designated as “2.1-5 du/ac Residential (2.1-5 R),” “5.1-8 du/ac Residential (5.1-8 R) and “Rural Residential – 5 acre minimum (RR5).” Lands to the south of the Project site are designated as “Economic Development Corridor (EDC),” “Public/Quasi Public Facilities (PF),” “Recreation (OS-R),” and “5.1-8 du/ac Residential (5.1-8 R).” Properties located to the west of the Project site are designated as “Economic Development Corridor (EDC)” and “2.1-5 du/ac Residential (2.1-5 R).” Where existing residential designations occur, the Project proposes residential uses or recreational uses. Commercial planning areas are adjacent to Encanto Drive, away from existing residential uses. The Planning Area containing the proposed sports park has incorporated buffering through landscaping, and lighting will be shielded. The Project is compatible with surrounding land uses. In addition, the Specific Plan is consistent with the following City of Menifee General Plan policies: DocuSign Envelope ID: 6B217520-7E5B-4FBD-88F3-9C8670953894 Page 3 of 9 Change of Zone No. 2017-188 May 13, 2020  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 Specific Plan places appropriate uses within an area designated Specific Plan per the General Plan (GP). Growth has been concentrated in this strategic location to help preserve rural areas. Through the land use plan, development standards, and the design guidelines, the Specific Plan will create a unique place and develop its own identity. The Land Use Plan, Circulation Plan, Grading Plan, and Phasing Plan of the Specific Plan will ensure that that development will provide infrastructure efficiently. A combination of pathways, paseos, walkways, or similar pedestrian accesses are provided that connect the individual Planning Areas in the SP to commercial areas and recreation areas. The Project includes bus stops and shelters to promote transit. The Specific Plan also accommodates NEV routes consistent with the General Plan and a future I-215 overcrossing at Rouse 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 Specific Plan provides a variety of lot sizes that can accommodate different housing types and price ranges. The Specific Plan contains residential, commercial and/or office, and recreational uses, which makes it possible for people to live and work in Menifee and maintain a high quality of life.  Policy LU-1.5: Support development and land use patterns, where appropriate, that reduce reliance on the automobile and capitalize on multimodal transportation opportunities. The Specific Plan provides pedestrian connections, trails, bike lanes, NEV lanes and bus stops to facilitate multimodal transportation. The Project was designed to add pedestrian connections at the ends of cul-de-sacs to allow for more efficient access by residents to other streets and parks, to promote walkability. In addition, a pedestrian connection was added from the residential portion of Project to the commercial area to provide another path of travel to encourage walking of future residents to the future commercial uses.  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 Specific Plan includes a Community Park, Neighborhood Parks, Private Recreation Center and Paseos. The parks and paseos are distributed strategically through the Project area so that recreational amenities are nearby all residents. The Paseo Legado design provides a recreational amenity, but also a connection between the DocuSign Envelope ID: 6B217520-7E5B-4FBD-88F3-9C8670953894 Page 4 of 9 Change of Zone No. 2017-188 May 13, 2020 two neighborhood parks and private recreation center. A Community Center is planned at the Community Park.  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 proposed Project is located within an urbanized area, near Interstate 215 and the McCall Boulevard Interchange. The Project site is primarily surrounded by existing residential uses, residential developments that are currently under construction, a middle school, and commercial businesses. The proposed Project will promote infill development and complements these existing and proposed adjacent land uses.  Policy C-1.1 Require roadways to: Comply with federal, state and local design and safety standards. The Specific Plan includes roadway standards for Encanto Drive, Sherman Road, Rouse Road and Chambers Road which will be implemented through the tract maps that include Conditions of Approval which require the dedication and installation (or bonding) of roadway improvements consistent with the City’s General Plan and the City’s Public Works and Engineering Department Standard Details.  Policy C-2.2 Provide off-street multipurpose trails and on-street bike lanes as our primary paths of citywide travel and explore the shared use of low speed roadways for connectivity wherever it is safe to do so. The Project provides bike lanes and NEV lanes consistent with the General Plan. Trails and expanded sidewalks are also provided throughout the Specific Plan.  Policy CD-1.3: Strengthen the identity of individual neighborhoods- communities with entry monuments, flags, street signs, and/or special tree streets, landscaping, and lighting. The Specific Plan includes entry monuments with a common architectural theme that will strengthen the identity of the development. Special trees and landscaping have been incorporated into the overall design of the monuments and streetscapes. Expanded parkways are also included on several streets to enhance the streetscapes. Round-abouts are provided within the Project to add to the community identity as well.  CD-3.8 Design retention/detention basins to be visually attractive and well integrated with any associated project and with adjacent land uses. DocuSign Envelope ID: 6B217520-7E5B-4FBD-88F3-9C8670953894 Page 5 of 9 Change of Zone No. 2017-188 May 13, 2020 The basins have been designed to include substantial landscaping and to be screened from adjacent roadways.  CD-6.1 Recognize the importance of street trees in the aesthetic appeal of residential neighborhoods and require the planting of street trees throughout the City. The proposed project includes street trees throughout the Project site. The Housing Element has identified sites within the Specific Plan area that meet the City’s affordable housing sites under the RHNA. Recently adopted Senate Bill 166 prohibits cities from allowing their inventory of available sites to be insufficient to meet their remaining unmet RHNA share for lower and moderate-income housing. California Government Code Section 65863 requires cities to make certain findings that the remaining housing element sites can accommodate the RHNA requirements by income level. The Menifee Housing Element states that General Plan designations in the range of 20.1-24.0 dwelling units/acre can be used to meet the City’s Very Low and Low income requirement of 2,495 units. The City has designated a number of parcels with that residential density to both vacant land and under-utilized sites in Romoland towards meeting the Very Low and Low RHNA numbers for 2014-2021. All these parcels provide for a total 3,063 potential units thereby exceeding the RHNA criteria by 568 units. The Housing Element assumed the Project site would provide 344 units at the 20.1-24.0 dwelling units/acre density. If these 344 units were removed from the available site inventory, there would still be a remaining extra capacity of 224 planned Very Low and Low income units within the City of Menifee above the City’s requirement of 2,495 Very Low and Low income units. Thus, implementation of the Project would not conflict with the City’s ability to meet the affordable housing sites as identified in the Housing Element. In addition, the Housing Element also assumes that General Plan designations in the range of 2.1 to 20R can be used to meet the City’s Moderate and Above Moderate income requirement of 3,750 units. The City has designated a potential of 21,134 units allowed on vacant parcels with these residential densities towards meeting the 1,140 Moderate income and the 2,610 Above Moderate income RHNA unit numbers for 2014-2021. The Housing Element assumed Project site would provide 1,384 units within the 2.1 to 14R density. The Project allows up to 1,061 dwelling units in the 2.1-5R density designation. If 304 units were removed from the vacant land inventory, there would still be remaining extra capacity of 20,830 planned Moderate and Above Moderate income units. Thus, implementation of the Project would not conflict with the City’s ability to meet the affordable housing sites as identified in the Housing Element. The Project would be consistent with or otherwise would not conflict with any of the adopted Housing Goals. Additionally, the Project would provide for up to 1,061 residential homes on lot sizes ranging from 5,000 s.f. to 10,000 s.f. in size, which would assist the City in meeting its share of the DocuSign Envelope ID: 6B217520-7E5B-4FBD-88F3-9C8670953894 Page 6 of 9 Change of Zone No. 2017-188 May 13, 2020 Moderate and Above Moderate regional housing need. Additionally, open space has been set aside to preserve a knoll in the northeast corner of the site and densely planned landscape is provided along Encanto Drive. A community park/community center and paseos/neighborhood parks proposed by the Project would provide community trails and paths that encourage an active, healthy lifestyle. Infrastructure and transportation plans have been coordinated in the proposed Legado Specific Plan to ensure phasing of facilities with development. Furthermore, implementation of the Project would not conflict with the City’s ability to meet the affordable housing requirements due to the extra capacity of potential sites in the City of Menifee. Accordingly, the Project would not conflict with the Housing Element, and impacts would be less than significant. The Project is consistent with SB 330. The change of zone is to update the zoning map and text in Title 9 to reflect the “Legado Specific Plan” and does not involve a change the density or intensity of the property since there was no adopted version of the Fleming Ranch Specific Plan. For these reasons, the proposed change of zone to update the zoning map and development code to reflect the Legado Specific Plan is consistent with the City’s General Plan objectives, policies, and programs. Section 2: The proposed Change of Zone prescribes reasonable controls and standards to ensure compatibility with other established uses. The Project site is bounded as follows: Rouse Road and residential development to the north; Chambers Avenue, residential development, the Hans Christensen Middle School, a mobile home community, a convalescent facility (Life Care Center), commercial retail, and a motel to the south; the future extension of Antelope Road and vacant land (under construction for residential uses) to the east; and Encanto Drive and Interstate 215, beyond which is a residential community, a mobile home community, and a golf course (North Golf Course) to the west. The proposed Change of Zone, which changes the zoning classification of the Project site from Fleming Ranch Specific Plan to the Legado Specific Plan and updates Title 9 as described above, is compatible with the surrounding land uses, General Plan land use designations and zoning classifications. The proposed Legado Specific Plan 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 residential uses adjacent to the existing and under construction residences surrounding the site and commercial uses adjacent to areas with existing commercial uses. The lot sizes and development standards of the specific plan are consistent with surrounding existing residential developments. The Community Park is located adjacent to the Middle School’s sports field which is a compatible use. Where the Community Park borders the existing mobile home park and convalescent home, the conceptual plans show enhanced landscaping for buffering. In addition, the lighting plans will DocuSign Envelope ID: 6B217520-7E5B-4FBD-88F3-9C8670953894 Page 7 of 9 Change of Zone No. 2017-188 May 13, 2020 be reviewed to ensure shielding and acceptable light levels at these adjacent uses. Therefore, the Specific Plan, and associated change of zone, prescribes reasonable 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. The Project conserves as open space steep and environmentally sensitive property in the northeast corner of the Specific Plan. Jurisdictional drainages throughout the site were analyzed with the EIR review and mitigation coordinated with applicable wildlife agencies. 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, and associated change of zone, 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 improvements consistent with the General Plan, expanded sidewalks and a network of bike lanes and NEV lanes to encourage non-vehicular travel, fire infrastructure, and drainage improvements that will benefit the Project site and surrounding areas. In addition, environmental impacts resulting from the implementation of the Specific Plan and associated Change of Zone have been analyzed in the Legado 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, Greenhouse Gas, and Traffic. A Statement of Overriding Considerations is included for the EIR stating that the impacts of the project are acceptable and outweighed by the benefits of the project. With the exception of these environmental categories (Air Quality, Greenhouse Gas, and Traffic) the proposed entitlements are not anticipated to create DocuSign Envelope ID: 6B217520-7E5B-4FBD-88F3-9C8670953894 Page 8 of 9 Change of Zone No. 2017-188 May 13, 2020 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. Section 5: Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. The Legado Environmental Impact Report (“EIR”) (SCH# 2009091118), has been completed for the Project and recommended for certification by the City Council pursuant to a separate Resolution. The Change of Zone at issue is consistent with the EIR, which the Planning Commission has considered as part of its proceedings. 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. 2017-188, and that the Council approve said Change of Zone. PASSED, APPROVED AND ADOPTED this the 13th day of MAY 2020. _________________________ Randy Madrid, Chairman Attest: _______________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney DocuSign Envelope ID: 6B217520-7E5B-4FBD-88F3-9C8670953894 Page 9 of 9 Change of Zone No. 2017-188 May 13, 2020 Exhibit A DocuSign Envelope ID: 6B217520-7E5B-4FBD-88F3-9C8670953894 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 13 day of May 2020 by the following vote: Ayes: Noes: Absent: Abstain: _______________________________ Stephanie Roseen, CMC Deputy City Clerk DocuSign Envelope ID: 6B217520-7E5B-4FBD-88F3-9C8670953894 Karwin, Phillips, Thomas, Diederich, Madrid None None None 499