PC22-577RESOLUTION NO. PC 22-577
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING TENTATIVE TRACT MAP NO.
37692 PLN21-0057 FOR 130 SINGLE FAMILY HOMES WITHIN A
GATED COMMUNITY LOCATED ON THE WESTSIDE OF GOETZ
ROAD, EAST OF WILLIAMS DRIVE, NORTH OF PALM DRIVE SOUTH
OF RANCHO DRIVE (APNS: 341-060-002, 341-060-010, 341-060-011,
350-245-004).
WHEREAS, on February 16, 2021, the applicant, Paul Onufer of JPMB
Investments, filed a formal application with the City of Menifee for the approval of Tract
Map No. 37692 PLN 21-0057 subdivision for a gated community consisting of 130
detached single-family homes with a minimum lot size of 5,000 square feet on a 44.7-
acre site with a density of 2.9 dwelling units per acre. The tract will consist of 11.7 acres
of undisturbed open space, 1.9-acre tot lot, 1.1-acre dog park, and a 1.8-acre detention
basin. The tot lot will incorporate a dual half -court basketball court, picnic shelter,
playground equipment, drinking fountain and splash pad; and
WHEREAS, pursuant to the California Environmental Act (CEQA), an Initial
Study/Mitigated Negative Declaration and Mitigation Monitoring Program were
completed on October 6, 2022, and concluded that no significant impacts would be
caused by the project, therefore, a Mitigated Negative Declaration has been
recommended for adoption; and
WHEREAS, Conditions of Approval have been prepared and attached hereto as
Exhibit "A" of the resolution; and
WHEREAS, on October 26, 2022, the Planning Commission of the City of
Menifee continued the public hearing to November 9, 2022, at the request of the
applicant, Pail Onufer, JPMB Investments; and
WHEREAS, on November 9, 2022, the Planning Commission of the City of
Menifee continued the public hearing to December 14, 2022, at the request of the
applicant, Pail Onufer, JPMB Investments; and
WHEREAS, on December 14, 2022, the Planning Commission held a duly
noticed public hearing on the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for Tentative Tract Map No.
PLN21-0057, which hearing was publicly noticed by a publication in the newspaper of
general circulation, an agenda posting, on -site, and notice to property owners within 300
feet of the Project boundaries, and to persons requesting public notice; and
WHEREAS, all other legal prerequisites to the adoption of this resolution have
occurred.
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
as follows:
TTM No. 37692 PLN21-0057
December 14, 2022
Section 1: The City of Menifee's Planning Commission hereby makes the following
findings for Tentative Tract Map — PLN21-0057 (TTM No. 37692) in
accordance with Title 7, Article 2, Chapter 7.20.090 "Findings for
Approval for Tentative Maps" of the City of Menifee Subdivision Code:
Finding 1 - The proposed subdivision and the design and improvements of the
subdivision is consistent with the Development Code, General Plan,
any applicable specific plan, and the Menifee Municipal Code.
The project site is designated 2.1-5 Residential du/acre (2.1-5R)
according to the City of Menifee General Plan. The intent of this
designation is to establish residential development within the 2.1 to 5
dwelling units per acre density range. The project is proposed at a
density of 2.9 dwelling units per acre which consistent with the (2.1-5R)
land use designation.
In addition, the Project is consistent with the following City of Menifee
General Plan policies:
• 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 proposed subdivision project is in close proximity to future
commercial developments directly adjacent (north, south and east) of
the project site which will enhance the walkability of the development
and surrounding areas. In addition, sewer is proposed to be installed
along Goetz Road to the project site bringing enhanced sewer options
to an area with a current moratorium on installation of new septic
tanks due to a lack of sewer infrastructure.
• LU-1.5: Support development and land use patterns, where
appropriate, that reduce reliance on the automobile and capitalize on
multimodal transportation opportunities.
The projects proximity to several commercial retail zoned sites will
help promote walkability by the residents of the development. When
development of the surrounding commercial area starts, the residents
will have walkable access to commercial and retail opportunities.
• LU-3.4: Require the approval of new development be contingent upon
the projects ability to secure appropriate infrastructure services.
The project has been conditioned to bring sewer to the site as the
project site and surrounding area do not have access to sewer facilities.
The proposed project will bring sewer to the area between the project
site and the closest connection at the intersection of Goetz and Rock
Canyon Drive or near Goetz and Canyon Heights Drive.
Page 2 of 7
TTM No. 37692 PLN21-0057
December 14, 2022
The new sewer infrastructure will help existing and future
developments in the area have access to sewer.
Consistency with the Zoning Code. The Tentative Tract Map is consistent
with the zone designation map.
The Project site is zoned Low Density Residential (LDR-2) consistent with
the general plan designation.
The project was reviewed for consistency with the City's Development
Code. The proposed design and location of the tentative tract map meets
all applicable development standards of the City's Zoning Code, Chapter
9.175.040 of the Cluster Development Standards, including any
applicable specific use regulations.
The Tentative Tract Map proposes to subdivide the project area into 130
single family lots. Additional lots are proposed for recreational uses, trails,
and open space areas, internal roads, and easements. The LDR-2 zone
has a minimum required lot size of 7,200 square feet. The project
proposes to decrease the lot size to 5,000 square feet in order to
preserve natural features along with designing the project around site
constraints. The project site has two peaks with significant slopes which
will increase the cost of grading and decrease the natural scenic
elements provided by these peaks. The proposal, in compliance with the
cluster development standards will preserve 26.2% of natural open space
concentrated ❑n these two peaks, while decreasing the minimum lot size
to 5,000 square feet to allow for the protection of natural scenic elements
and provide a more cost effective design to the project.
Staff has reviewed and conditioned the subdivision for consistency with
subdivision ordinance requirements for lot sizes and dimensions, streets,
domestic water, fire protection, sewage disposal, and other applicable
requirements. The subdivision is consistent with the Subdivision
Ordinance requirements.
Finding 2 - The tentative map does not propose to divide land which is subject
to a contract entered into pursuant to the California Conservation
Act of 1965, or the land is subject to a Land Conservation Act
contract but the resulting parcels following division of the land will
be of an adequate size to sustain their agricultural use:
The tentative map does not propose to divide land which is subject to a
contract entered into pursuant to the California Land Conservation Act of
1965.
Finding 3 - The site is physically suitable for the type of development and the
proposed land use of the development.
Page 3 of 7
TTM No. 37692 PLN21-0057
December 14, 2022
The subject site contains relatively steep slopes and has a Rural
Mountainous Zoning and General Plan Designation on parts of the project
area while the remainder of the site is relatively flat. The project proposes
a cluster development design in compliance with Chapter 9.175 of the
City of Menifee Zoning Code in order to protect these areas in open
space. This section allows for the preservation of natural open space
equaling to a minimum of 25% of the project area in return for a
decreased minimum lot size to allow the applicant to maximize the
density allowed in the General Plan. The project is conserving 11.7 acres
or 26.2% of the project area as natural open space along the northern
and southern boundaries of the project, while decreasing the minimum lot
size to 5,000 square feet as allowed by the cluster development
requirements. The project is also located in a High Fire Area (HFA).
Riverside County Fire has reviewed the proposed project and has
incorporated various mitigation measures in the project conditions of
approval.
The site is bounded by residential developments to the west, vacant
commercial land to the east (some with existing residential) and vacant
commercial land to the north and south. Therefore, the site is considered
physically suitable for the type of development and the proposed land use
of the site.
The Project has been reviewed by the different Departments to ensure
compliance with applicable regulations, including, but not limited to City of
Menifee Building and Safety, Engineering and Public Works, and
Riverside County Fire. These Departments have also provided conditions
of approval as appropriate to ensure compliance with applicable
regulations.
Finding 4 - The design of the subdivision and the proposed improvements, with
conditions of approval, are either:
1. Not likely to cause significant environmental damage or
substantially and avoidable injure fish or wildlife of their
habitat; or
2. Subject to an environmental impact report under which a
finding has been made pursuant to Public Resources
Code Section 21081(a)(3) that specific economic, social,
or other considerations make infeasible mitigation
measures or project alternatives identified in the
environmental impact report.
An Initial Study / Mitigated Negative Declaration (IS/MND) pursuant to the
California Environmental Quality Act (CEQA) was prepared for the
project. In the IS/MND it was found that with implementation of mitigation
measures, the proposed project would not result in any significant
impacts. A Mitigation Monitoring and Reporting Plan (MMRP) was
prepared and identifies all mitigation measures that will be required for
the project.
Page 4 of 7
TTM No. 37692 PLN21-0057
December 14, 2022
The Tentative Tract Map will not result in conditions detrimental to the
public health, safety, or general welfare as designed and conditioned.
The map has 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.
Consistency with Multiple Species Habitat Conservation Plan
(MSHCP)
The subject site is within the jurisdiction of the Western Riverside County
MSHCP. The proposed project is located within the boundaries of the
Western Riverside County Multiple Species Habitat Conservation Plan;
however, the Project is not located within a Criteria Cell or Cell Group.
The project will be subject to the payment of fees consistent with
Riverside County Ordinance No. 810.2 as adopted by the City of Menifee.
Therefore, the Project will not conflict with the provisions of the adopted
HCP, Natural Conservation Community Plan, or other approved local,
regional, or state conservation plan and the impact is considered less
than significant.
Finding 5 - The design of the subdivision and the type of improvements are not
likely to cause serious public health problems.
The Project will not result in conditions detrimental to the public health,
safety, or general welfare as designed and conditioned. The project site is
surrounded by single-family residences to the west, and vacant
commercial land to the north, south and east (some with existing
residential uses).
The Project has been reviewed and conditioned by the City of Menifee
Planning, Engineering, Police, and Fire Departments to ensure that it will
not create conditions materially detrimental to the surrounding uses. In
addition, environmental impacts resulting from the Project have been
analyzed in an Initial Study/ Mitigated Negative Declaration (IS/MND).
The IS/MND determined that potential impacts would all be less than
significant with the necessary mitigation incorporated. Therefore, the
proposed subdivision is 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.
Finding 6 - The design of the subdivision provides for future passive or natural
heating or cooling opportunities in the subdivision to the extent
feasible.
The project will be designed with passive or natural heating opportunities
such as solar amenities. The project will be consistent with the
development code and the requirements of California Code of
Page 5 of 7
TTM No. 37692 PLN21-0057
December 14, 2022
Regulations of Title 24, including requirements for energy efficiency,
thermal insulation, and solar panels.
Finding 7 - The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large for access
through or use of property within the proposed subdivision, or the
design of the alternate easements which are substantially equivalent
to those previously acquired by the public will be provided.
The subdivision makes provisions for all existing and future easements for
all utilities and public use purposes.
Finding 8 - The subdivision is consistent with the City's parkland dedication
requirements (per the Quimby Act) as applicable, in accordance with
Chapter 7.75 (Parkland Dedication and fees).
The proposed subdivision will fulfill Quimby obligations though the
payment of fees as determined by the Community Services Department.
Fees are required for consistency with the Quimby Act.
NOW, THEREFORE, The Planning Commission of the City of Menifee makes
the following findings:
1. That the Findings set out above are true and correct
2. That the facts presented within the public record and within this resolution
provide a basis to approve Tentative Tract Map No. (37692) PLN21-0057
subject to the Conditions of Approval set forth in Exhibit "A" to this
Resolution.
3. Resolution Regarding Custodian of Record: The documents and
materials that constitute the record of proceedings on which this
Resolution has been based are located at the Community Development
Department — Planning Division, 29844 Haun Road, Menifee, CA 92586.
This information is provided in compliance with Public Resources Code
section 21081.6.
Page 6 of 7
TTM No. 37692 PLN21-0057
December 14, 2022
4.
PASSED, APPROVED AND ADOPTED this the 14hday of December, 2022.
Ccv tv-�
David White, Chair
5ac
st:
hel Valencia, Acting Deputy City Clerk
Approved as to form:
Than 66 ,Assistant City Attorney
Page 7 of 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Rachel Valencia, Acting Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC22-577 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 14th day of December 2022
by the following vote:
Ayes: Diederich, LaDue, Madrid, Thomas, White
Noes: None
Absent: None
Abstain: None
0
che! Valencia
Acting Deputy City Clerk