PC20-503RESOLUTION NO. PC 20-_______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA RECOMMENDING APPROVAL OF
DEVELOPMENT AGREEMENT NO. 2018-277 BY AND BETWEEN THE
CITY OF MENIFEE AND BLC FLEMING LLC
Whereas, on November 15, 2018, the applicant BLC Fleming LLC (“Applicant”)
filed a formal application with the City of Menifee for Development Agreement No. 2018-
277 (“Project”) which proposes a statutory development agreement between the Applicant
and the City of Menifee (“Development Agreement”) concerning the development of The
Legado Specific Plan (“Project”) for 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 other benefits as noted in the
proposed Development Agreement; and
Whereas, the application for the Development Agreement is being processed
concurrently with applications for a Specific Plan (SP2017-187) which establishes land
uses and development standards for 331 acres, change of zone (CZ2017-188) to change
the zoning of the site from Fleming Ranch Specific Plan to the Legado Specific Plan;
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;
and Vesting Tentative Tract Map No. 2018-138 (TM37409) for the subdivision of the
eastern portion of the Specific Plan area into 547 residential lots (collectively, the
applications are referred to as the “Project” or “Legado Project”); 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
Whereas, the Development Agreement has been prepared, processed, reviewed,
heard, and approved in accordance with applicable law, including but not limited to Section
65864 et seq. of the Government Code; and,
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as
follows:
Section 1: The proposed development agreement is consistent with the objectives,
policies, general land uses and programs specified in the general plan and
any applicable specific plan.
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.
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May 13, 2020
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 and the Development Agreement are
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. The Development Agreement provides a mechanism to
ensure the orderly development of the Specific 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 uses occur, the project
proposes residential uses or recreational uses. Commercial planning areas
are adjacent to Encanto Road, 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 and associated Development Agreement are
consistent with the following City of Menifee General Plan policies:
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 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 Project
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
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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 Project provides a variety of lot sizes that can accommodate
different housing types and price ranges. The Project 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 Project 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 Project 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 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.
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Policy C-1.1 Require roadways to: Comply with federal, state and local
design and safety standards.
The Project includes roadway standards for Encanto Drive, Sherman
Road, Rouse Road and Chambers Road which will be implemented
through the Development Agreement and 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 Project.
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 Project 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.
The Project 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.
HE-2.4 Parks and Recreation. Enhance neighborhood livability and
sustainability by providing parks and open spaces, planting trees,
greening parkways, and maintaining a continuous pattern of paths that
encourage an active, healthy lifestyle.
As described above, the Project provides parks and open spaces,
including expanded parkways, trees and a pattern of pathways that
encourage an active healthy lifestyle.
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HE-2.5 Public Facilities and Infrastructure. Provide quality
community facilities, infrastructure, traffic management, public safety,
and other services to promote and improve the livability, safety, and
vitality of residential neighborhoods.
The Project incorporates quality community facilities, including parks,
is conditioned to install infrastructure including sewer, water, roadways,
and will promote and improve the livability, safety and vitality of the
proposed residential neighborhoods and surrounding existing
neighborhoods.
OSC-1.2: Require a minimum of five acres of public open space to be
provided for every 1,000 City residents.
The Project is required to provide 16.8 acres of public open space
based on the number of dwelling units proposed (1,061 d/u per the
Specific Plan). The Project provides 20.8 acres of public open space
and exceeds the minimum requirement of five acres for every 1,000
City residents.
Consistency with Housing Element.
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
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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 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.
For these reasons, the proposed Specific Plan No. 2017-187 is consistent
with the City’s General Plan objectives, policies, and programs. The Specific
Plan is not inconsistent with any element of the General Plan.
2. Consistency with the Zoning Code. The proposed Development Agreement is
compatible with uses authorized in, and the regulations prescribed for, the zone in
which the real property will be located.
On December 18, 2019 the City of Menifee adopted a new zoning map that
went into effect on January 18, 2020. Pursuant to the new zoning map, the
Project site’s zoning designation is SP “Fleming Ranch Specific Plan Zone.”
Thus, CZ No. 2017-188 would change the site’s updated existing zoning
designation from “Fleming Ranch Specific Plan Zone” to “Legado Specific
Plan Zone.” The Specific Plan includes the allowed uses and development
standards applicable to property within the Specific Plan. The allowed uses
and development standards are consistent with those allowed in the latest
version of the Economic Development Corridor - McCall Boulevard zone
(EDC-MB) for the commercial areas and consistent with the corresponding
residential zones of Menifee Municipal Code.
Properties located north of the Project site are designated for “Low Density
Residential-1 (LDR-1)”, Low Density Residential-2 (LDR-2)”, “Commercial
Office (CO)”, and “Commercial Retail (CR)”. Properties located to the east
of the Project site are classified as “Rural Residential, 5-acre minimum (RR
5)” and “Planned Development District (PDO-1)”. Properties located to the
south of the Project site are zoned “Economic Development Corridor-McCall
Boulevard (EDC-MB)”, “Public/Quasi-Public Facilities (PF)”, and “Low
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Medium Density Residential (LMDR)”. Properties located to the west of the
Project site will be classified as EDC-MB and LDR-2. The proposed Project
is compatible with the surrounding zoning.
3. The proposed development agreement is in conformity with and will promote public
convenience, general welfare and good land use practice.
The Project would facilitate the development of a Specific Plan that includes
residential and commercial uses. The residential uses proposed are similar to
existing development surrounding the Project site. Commercial uses proposed
within the Project are located adjacent to Encanto Road and a buffer is established
between the commercial component of the Project and proposed residential uses.
The Project is compatible with the surrounding land uses, general plan land use
designations and zoning classifications. The Project incorporates quality design,
trails, parks, landscaping and other improvements which will enhance the area
upon construction. The proposed Development Agreement provides for the orderly
construction of road improvements, utilities, drainage and other improvements.
The proposed Development Agreement is consistent with the Specific Plan and
will assist the Applicants in implementation of the Specific Plan. The proposed
Development Agreement is in conformity with and will promote public convenience,
general welfare and good land use practice
4. The development agreement will not create conditions materially detrimental to the
public health, safety and general welfare within the City.
The Development Agreement will not result in conditions detrimental to the public
health, safety, or general welfare. 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 Project
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,
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 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.
The proposed Development Agreement does not contain any provisions that would
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 and within the City.
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5. Orderly Development. The development agreement would not adversely affect the
orderly development of property and surrounding area, or the preservation of
property values.
The proposed Development Agreement would assist with and would not interfere
with the Specific Plan and implementing maps. The timing of infrastructure,
including parks, was carefully considered and coordinated consistent with the
Environmental Impact Report for the Project and Project construction and phasing.
Therefore the Development Agreement would not adversely affect the orderly
development of the surrounding area. The proposed Development Agreement
would not alter the land uses as proposed in the Specific Plan. The proposed
Development Agreement would not conflict with surrounding existing and planned
land uses and would not have the potential to adversely affect property values. The
proposed Development Agreement would assist with the implementation of the
Specific Plan, which includes improvements to surrounding roads and substantial
landscaping and the construction of parks. The improvements associated with the
Specific Plan implementation are anticipated to enhance and improve the
surrounding area and not adversely affect property values.
6. Encourage Development. The development agreement would promote and
encourage the development of the proposed project by providing a greater degree
of requisite certainty.
The assurances provided to the applicant through the proposed Development
Agreement, such as vesting and timing for public improvements, would provide
greater certainty and reduced risk that would encourage development as approved
under the Specific Plan and the infrastructure associated with it that would serve
the surrounding area.
7. The proposed development agreement that includes a subdivision, and any
tentative map prepared for the subdivision, will comply with the provisions in
Government Code Section 66473.7.
The Development Agreement includes three (3) subdivisions as described aboved.
A Water Supply Assessment was prepared and approved by the Eastern Municipal
Water District for the project. The Project complies with the provisions of
Government Code Section 66473.7
8. 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), Project and
recommended for certification by the City Council pursuant to a separate
Resolution. The Specific Plan 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:
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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 adopt
an Ordinance approving Development Agreement No. 2018-277 as
attached to this Resolution.
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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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
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