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
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Change of Zone No. 2017-188
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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:
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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
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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.
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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
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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
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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
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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
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Exhibit A
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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
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Karwin, Phillips, Thomas, Diederich, Madrid
None
None
None
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