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2020-03-25 Planning Commision Regular MEETING - Agenda PacketCity Council Chambers City of Menifee 29844 Haun Road Planning Commission Menifee, CA 92586 Meeting Agenda Randy Madrid, Chair Wednesday, March 25, 2020 Benjamin Diederich, Vice Chair 6:00 PM Regular Meeting Robert Karwin, Commissioner Earl Phillips, Commissioner Cheryl Kitzerow, Director Chris Thomas, Commissioner Stephanie Roseen, Clerk AGENDA SAFETY ALERT AS A RESULT OF THE COVID-19 VIRUS, AND RESULTING ORDERS AND DIRECTION FROM THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF THE STATE OF CALIFORNIA, AND THE RIVERSIDE COUNTY HEALTH CARE AGENCY, AS WELL AS THE CITY OF MENIFEE EMERGENCY DECLARATION, THE PUBLIC WILL NOT BE PERMITTED TO PHYSICALLY ATTEND THE MENIFEE PLANNING COMMISSION MEETING TO WHICH THIS AGENDA APPLIES. YOU MAY SUBMIT COMMENTS ON ANY AGENDA ITEM OR ON ANY ITEM NOT ON THE AGENDA BY EMAIL TO PUBLICCOMMENTS@CITYOFMENIFEE.US OR BY CALLING 1-623-404-9000; THEN ENTER MEETING ID #: 366 864 9023 AT THE TIME INDICATED BY THE CHAIR. TO WATCH MEETINGS ONLINE, PLEASE VISIT THE CITY’S WEBSITE WWW.CITYOFMENIFEE.US AND SEARCH “AGENDA, MINUTES AND VIDEOS,” AND CLICK ON “AGENDA, MINUTES AND VIDEOS” THEN CLICK “PLANNING COMMISSION” AND CLICK THE VIDEO LINK FOR THE MARCH 25, 2020 DATE. Please note that the Planning Commission is making every effort to follow the spirit and intent of the Brown Act and other applicable laws regulating the conduct of public meetings, in order to maximize transparency and public access. It would be appreciated if communications of public comments related to items on the agenda, or items not on the agenda, are provided publiccomments@cityofmenifee.us prior to the commencement of the meeting. If that is not possible, and to accommodate comments to items that may be added to the agenda after its initial posting during this time of emergency, every effort will be made to attempt to review emails during the course of the meeting. Towards this end, the Chair will endeavor to take a brief pause before action is taken on any agenda item to allow the clerk to review emails, and share any public comments received during the meeting. REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS - None 5. AGENDA APPROVAL OR MODIFICATIONS 6. PUBLIC COMMENTS (NON-AGENDA ITEMS) 7. APPROVAL OF MINUTES 7.1. Approval of Minutes of February 26, 2020 8. CONSENT CALENDAR City of Menifee Planning Commission Agenda March 25, 2020 Page 2 (All matters on the Consent Calendar are to be approved in one motion unless a Councilmember requests a separate action on a specific item on the Consent Calendar. If an item is removed from the Consent Calendar, it will be discussed individually and acted upon separately.) 8.1. Planning Case No. PLN20-0096 RECOMMENDED ACTION Adopt a Planning Commission Resolution modifying the Conditions of Approval for Tract Map No. 30142 (Hidden Hills) as amended through Extension of Time No. 2009- 036. ITEMS PULLED FROM CONSENT 9. PUBLIC HEARING ITEMS - None 10. DISCUSSION ITEMS – None 11. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS 12. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES 13. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS 14. ADJOURN Public Participation In accordance with Executive Order N-29-20 remote public participation is allowed in the following ways: Planning Commission meetings are live-streamed on the City’s website at: http://menifeeca.iqm2.com/Citizens/Board/1008-Planning-Commission Public comment will be accepted by email at publiccomments@cityofmenifee.us during the meeting, prior to the close of public comment on an item, and read into the record during public comment. When submitting comments please submit the following: Full Name and Item Number of the agenda, or if it’s a General Comment, not on the agenda. Public comment may be submitted by telephone during the meeting, prior to the close of public comment on an item, by calling 1-623-404-9000; then enter meeting ID #: 366 864 9023 at the time indicated by the Chair. Staff Reports Materials related to an item on this Agenda, including those submitted to the Planning Commission after distribution of the agenda packet, are available for public inspection by contacting Stephanie Roseen, Deputy City Clerk, at (951) 672-6777 during normal business hours. Compliance with the Americans with Disabilities Act If you need special assistance to participate in this meeting, you should contact Stephanie Roseen, Deputy City Clerk, at (951) 672-6777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. City Council Chambers City of Menifee 29844 Haun Road Planning Commission Menifee, CA 92586 Meeting Minutes Randy Madrid, Chair Wednesday, February 26, 2020 Benjamin Diederich, Vice Chair 6:00 PM Regular Meeting Robert Karwin, Commissioner Earl Phillips, Commissioner Cheryl Kitzerow, Director Chris Thomas, Commissioner Stephanie Roseen, Clerk MINUTES REGULAR MEETING 1. CALL TO ORDER Chair Madrid called the meeting to order at 6:00 p.m. 2. ROLL CALL Attendee Name Title Status Randy Madrid Chair Present Earl Phillips Commissioner Present Benjamin Diederich Commissioner Present Robert P. Karwin Commissioner Present Chris Thomas Commissioner Present 3. PLEDGE OF ALLEGIANCE Commissioner Phillips led the flag salute. 4. PRESENTATIONS None. 5. AGENDA APPROVAL OR MODIFICATIONS The agenda was approved unanimously (5-0) with no modifications. 6. PUBLIC COMMENTS (NON-AGENDA ITEMS) None. 7. APPROVAL OF MINUTES 7.1. Approval of Minutes of February 12, 2020 The minutes were approved by the following vote. RESULT: Accepted [Unanimous] MOVER: Robert P. Karwin SECONDER: Earl Phillips AYES: Madrid, Phillips, Diederich, Karwin, Thomas 8. CONSENT CALENDAR None. 7.1 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 6 , 2 0 2 0 6 : 0 0 P M ( A P P R O V A L O F M I N U T E S ) City of Menifee Planning Commission Minutes February 26, 2020 Page 2 9. PUBLIC HEARING ITEMS 9.1. Conditional Use Permit No. 2019-016 for a Wireless Facility Generally Located Along the South Side of Scott Road, East of Briggs Road Assistant City Attorney V. Thai Phan clarified that the federal law limits City regulations in regards to radio frequency emissions and the consideration of potential radio frequency emissions were not in purview of the City. Community Development Director Cheryl Kitzerow introduced Associate Planner Desiree Bowdan. Ms. Bowdan reported on the project description; location; general plan; zoning; landscaping; elevations; coverage; environmental determination; and staff recommendations. Commissioner Phillips asked for clarification regarding AT&T's acceptance of the proposed conditions of approval and if the proposed cell tower would conflict with other providers’ towers. Ms. Bowdan stated AT&T's legal team was still reviewing the conditions of approval as they relate to the indemnity agreement and the proposed site would not conflict with other providers and would allow for co- locations. Chair Madrid opened the public hearing at 6:12 p.m. Deputy City Clerk Stephanie Roseen stated the public hearing was properly noticed and correspondence had been received and was provided to the Planning Commission. Alexis Dunlap, applicant and AT&T representative, provided a presentation and reported on AT&T generated search rings and procedure for selection of a location; the significant gap in coverage and least visually obtrusive means; other locations considered; and the indemnity agreement. The Commission asked questions of staff and the applicant regarding distance between cell towers, existing cell tower locations, potential need for additional tower; tower designs, consolidation of towers, and aesthetics/ maintenance of the cell tower. Resident Harry Katchadoorian spoke in opposition of the water tank design. Chair Madrid closed the public hearing at 6:31 p.m. The Commission spoke in favor of the water tank cell tower design. ACTION 1. Adopted Resolution No. PC20-484, approving Conditional Use Permit No. 2019-016, subject to the conditions of approval, and based upon the findings and conclusions incorporated in the staff report. RESULT: Adopted [Unanimous] MOVER: Robert P. Karwin SECONDER: Earl Phillips AYES: Madrid, Phillips, Diederich, Karwin, Thomas 7.1 Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 6 , 2 0 2 0 6 : 0 0 P M ( A P P R O V A L O F M I N U T E S ) City of Menifee Planning Commission Minutes February 26, 2020 Page 3 9.2. Tentative Tract Map No. 2018-065 (TR37400) for a 174 Single Family Lot Subdivision Generally Located Southwest of Barnett and McLaughlin Roads. Community Development Director Cheryl Kitzerow introduced Senior Planner Tamara Harrison. Ms. Harrison reported on the project description; location; general plan and land use; zoning; site background; code processing; access and design; walls and fencing; monument signage; landscaping; concept park plan; Parks, Recreation and Trails Commission recommendation; environmental determination; and staff recommendations. The Commissioners asked questions of staff regarding Vehicle Miles Traveled (VMT) traffic impacts that would take effect July 1, 2020, two separate parcels located near McLaughlin Road and Evans Road, traffic and road improvements, and assumed primary route of travel. City Engineer/Public Works Director Jonathan Smith clarified the mitigation measures and reported on the fair share contributions and project improvements. Chair Madrid opened the public hearing at 6:52 p. m. Deputy City Clerk Stephanie Roseen stated the public hearing was properly noticed and correspondence had been received and was provided to the Planning Commission. Commissioner Karwin asked the applicant, Phil Jones, if there had been any communication with owners of two separate parcels to consolidate. Mr. Jones stated there had not been communication to consolidate. Bob Powell, resident, stated his concerns regarding traffic. Mr. Smith stated he could address Mr. Powell's concerns following the meeting. Chair Madrid closed the public hearing at 6:58 p.m. ACTION 1. Adopted Resolution No. PC20-845, recommending the City Council adopt a Mitigated Negative Declaration for Tentative Tract Map No. 2018-065 (TR37400) based on the findings incorporated in the Initial Study and the conclusion that the project will not have a significant effect on the environment. RESULT: Adopted [Unanimous] MOVER: Benjamin Diederich SECONDER: Earl Phillips AYES: Madrid, Phillips, Diederich, Karwin, Thomas 7.1 Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 6 , 2 0 2 0 6 : 0 0 P M ( A P P R O V A L O F M I N U T E S ) City of Menifee Planning Commission Minutes February 26, 2020 Page 4 2. Adopted Resolution No. PC20-846, recommending City Council approval of Tentative Tract Map No. 2018-065 (TR37400) subject to the attached Conditions of Approval, and based upon the findings and conclusions incorporated in the staff report and resolution. RESULT: Adopted [Unanimous] MOVER: Earl Phillips SECONDER: Benjamin Diederich AYES: Madrid, Phillips, Diederich, Karwin, Thomas 10. DISCUSSION ITEMS 10.1. General Plan Housing Element Annual Progress Report, 2019 Community Development Director Cheryl Kitzerow provided a presentation and reported on the Annual Progress Report for the 2019 calendar year; Regional Housing Need Allocation (RHNA); progress in meeting RHNA; progress of programs; and future considerations. ACTION Reviewed the Annual Housing Element Progress Report for 2019 as required by State law to show progress on the General Plan Housing Element and received and filed the report. 11. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS Community Development Director Cheryl Kitzerow provided an update on the Krikorian site, and stated there would be a ground breaking ceremony on April 2, 2020 for the new County Library on La Piedra Road and Menifee Road. 12. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES Commissioner Karwin stated he and Vice Chair Diederich would be attending a Menifee Citizens Advisory Committee meeting on March 11, 2020. Vice Chair Diederich commented the upcoming Census. Chair Madrid stated some of the Commissioners would be attending the Planning Commissioner Academy in March. 13. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS None. 14. ADJOURN Chair Madrid adjourned the meeting at 7:12 p.m. ______________________________________ Stephanie Roseen, Deputy City Clerk 7.1 Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f F e b 2 6 , 2 0 2 0 6 : 0 0 P M ( A P P R O V A L O F M I N U T E S ) CITY OF MENIFEE SUBJECT: Planning Case No. PLN20-0096 MEETING DATE: March 25, 2020 TO: Planning Commission PREPARED BY: Chet Robinson, Associate Engineer APPROVED BY: Cheryl Kitzerow, Community Development Director -------------------------------------------------------------------------------------------------------- RECOMMENDED ACTION Adopt a Planning Commission Resolution modifying the Conditions of Approval for Tract Map No. 30142 (Hidden Hills) as amended through Extension of Time No. 2009-036. PROJECT DESCRIPTION Major Modification No. PLN20-0096 proposes a Major Modification to the Conditions of Approval (COA) for Tract Map No. 30142, as amended through Extension of Time No. 2009-036 (EOT 2009-036). More specifically, the project proposes to modify COA NO. 81, Traffic Signal Installation, in order to clearly identify timelines for the required traffic signal improvements. The proposed revision will add a timeline for completion of each intersection in relation to the number of building permits issued for the development. PROJECT LOCATION The project site is located south of Craig Avenue, east of Murrieta Road and west of Evans Road in the City of Menifee, County of Riverside, California. 8.1 Packet Pg. 7 City of Menifee Planning Commission Hidden Hills COA Modification Tract 30142 March 25, 2020 Page 2 of 7 General Plan and Zoning The General Plan land use designation of the project site is 2.1-5 Residential (2.1-5 R) and Open Space-Recreation (OS-R). The 2.1-5R General Plan land use designation is intended for single-family detached and attached residences with a density range of two (2) to five (5) dwelling units per acre. The project was approved for a 523-lot single-family (detached) residential subdivision with a density of 3.15 dwelling units per acre. Therefore, the project is consistent with the 2.1-5R General Plan designation. The project is surrounded to the north by properties designated by the General Plan as Rural Residential, One Acre Minimum (RR1) and 2.1-5 Residential, 2.1-5 Residential to the south, 2.1-5 Residential and Open Space-Conservation (OS-C) to the east, and RR1 to the west. These classifications are compatible with the existing General Plan designation of the subject site. 8.1 Packet Pg. 8 City of Menifee Planning Commission Hidden Hills COA Modification Tract 30142 March 25, 2020 Page 3 of 7 The current zoning designation of the project site is Low Density Residential (LDR-2). The LDR- 2 designation is intended for single-family detached and attached residences with a minimum lot size of seven thousand and two-hundred (7,200) square feet. The Tentative Tract Map was previously approved for 523 single-family lots with minimum lot sizes of 6,000 square feet and 7,200 square feet prior to the current zoning designation becoming effective. At the time of the original approval, the map was determined to be consistent with the Zoning designation in place at that time. The Tentative Map was proposed to be developed in three map phases and later amended reducing the total number of lots to 511 to allow for the construction of a flood control channel in Map Phase 1. TR30142 and all associated phases have now been recorded and the current proposal will not revise the layout of the map and will only modify the conditions of approval. Therefore, the project is considered to be consistent with the underlying zoning designations. Surrounding zoning designations include Rural Residential, One Acre Minimum (RR1) and Low Density Residential (LDR-2) to the north, LDR-2 to the south, RR1 to the west and Open Space- Recreation (OS-R) to the east of the subject site. These classifications are compatible with the existing zoning designation of the subject site. 8.1 Packet Pg. 9 City of Menifee Planning Commission Hidden Hills COA Modification Tract 30142 March 25, 2020 Page 4 of 7 Background Tract 30142, also known as Hidden Hills by KB Home Coastal, Inc. (KB), was previously approved by the County of Riverside Board of Supervisors on June 8, 2004. The Tentative Tract Map was originally approved as a Schedule “A” subdivision of 166.3 acres into up to 523 single- family residential lots with 409 lots with a 7200 square foot minimum and 114 lots with a 6000 square foot minimum, a 5.3 acre park. 3 detention basins totaling 2 acres, 11 acres of open space (paseo) lots and a 3.3 acre hillside area. The Tentative Map was subsequently amended reducing the total number of lots to 511 to allow for construction of a flood control channel along the eastern side of Evans Road, affecting TTM 30142-1. DISCUSSION The project Conditions of Approval (COA) were originally approved for Tracts 30142, 30142-1, and 30142-2 on June 8, 2004 by the Riverside County Board of Supervisors prior to City incorporation. Since the original approval, the project received automatic extensions of time and approvals per the Subdivision Map Act, SB 1185, AB 333, AB208, and two map Extensions of Time (EOT). The first EOT was approved by the County on June 8, 2007 and the second EOT was approved by the City of Menifee on June 16, 2009 per Extension of Time 2009-036. The majority of the original County conditions carried over to the last EOT conditions approved by the City of Menifee including the condition that is the subject of this report. This condition involves the installation of three traffic signals at the following intersections: Murrieta Road and ‘A’ Street (Beth Drive), Murrieta Road and Craig Avenue, and Murrieta Road and Garbani Road. This condition as approved under EOT 20019-036 reads as follows: 8.1 Packet Pg. 10 City of Menifee Planning Commission Hidden Hills COA Modification Tract 30142 March 25, 2020 Page 5 of 7 COA 81. Traffic Signal Installation. The project proponent shall comply in accordance with traffic signal requirements within public road rights-of-way, in accordance with Ordinance 461. Traffic Signals shall be installed at the following intersections: (a) Murrieta Road and ‘A’ Street (b) Murrieta Road and Craig Avenue (c) Murrieta Road and Garbani Road. The above COA require that the intersection improvements (Traffic Signals) are complete and operational prior to issuance of building permits. However, grading began in 2009 and the development has been issued building permits since 2010. The first phase of homes (TR30142- 1) was constructed between 2011 and 2013 while the economy was recovering from recession. KB resumed development of the remaining two phases (TR30142 and TR30142-2) around 2015, and construction of the homes began in 2017. The traffic signal condition has not been met, therefore the Public Works/Engineering Department has placed a hold on further issuance of new building permits. As homes have been constructed, traffic along Murrieta Road has increased. The traffic signals are now becoming of greater importance for flow of traffic through the area. Buyers have continued to purchase homes from KB, and they currently have sold more homes than they have building permits. Therefore, the hold on building permits is affecting the schedule for delivery of homes from KB. In the last few months, KB Homes has been making a considerable effort to construct the traffic signals. The construction of the improvements at Murrieta Road and “A” Street (Beth Drive) are generally complete, and the traffic signals are scheduled to be energized by the third week of March. Construction of foundations for the traffic signals at Murrieta Road and Craig Avenue has begun, and construction is expected to be complete by the end of April. The intersection of Murrieta Road and Garbani Road is under final design by Southern California Edison, and the traffic signals will be constructed once the design is complete. KB is providing periodic updates to the City regarding the progress of the three intersections. KB has requested a modification to COA 81 to allow them to acquire additional building permits upon completion of the traffic signals at each intersection. Staff has reviewed the previous studies for the project as well as technical memo from Kimley Horn (attached). The FEIR recommended completing improvements to the intersections by the following milestones:  Murrieta Road and Beth Drive: The traffic signals should be complete by project buildout  Murrieta Road and Craig Avenue: Timing of the traffic signal was not clear in the EIR, as the level of service was deemed acceptable through buildout without a signal. However, the project was still conditioned to provide the signal to attain an overall acceptable level of service for the entire development.  Murrieta Road and Garbani Road: The traffic signal should be complete by the time that the “project is nearing completion” 8.1 Packet Pg. 11 City of Menifee Planning Commission Hidden Hills COA Modification Tract 30142 March 25, 2020 Page 6 of 7 As of the date of this report, the following provides a summary of building permits issued: Tract Number Tract Name Total Number of Homes Number of Building Permits Issued 30142 Cypress 202 158 30142-1 Sycamore 114 114 30142-2 Peppertree 195 83 Total: 511 355 Since the EIR did not explicitly define “nearing completion”, staff is recommending the Planning Commission to make a finding that the definition for “nearing completion” can be interpreted for this project as 90% of the building permits issued or 460 of the 511 total. The Public Works / Engineering Department and Community Development Department have reviewed COA 81 and recommends the following modifications: COA 81. Traffic Signal Installation. The project proponent shall comply in accordance with traffic signal requirements within public road rights-of-way, in accordance with Ordinance 461. Traffic signals shall be installed at the following intersections: (a) Murrieta Road and ‘A’ Street Beth Drive prior to issuance of the 356th building permit (b) Murrieta Road and Craig Avenue prior to issuance of the 411th building permit (c) Murrieta Road and Garbani Road prior to issuance of the 461st building permit. ENVIRONMENTAL DETERMINATION All impacts related to Tract Map No. 30142 were previously analyzed in Environmental Impact Report No. 445 (SCH#2002051147) that was prepared for the original map and associated General Plan Amendment and Change of Zone application and adopted by the Riverside County Board of Supervisors. Staff has reviewed the EIR and based on staff’s review, all impacts related to the map were analyzed in the EIR and no new environmental impacts have been identified. Therefore, no further environmental review is required. The previously prepared EIR is still accurate and acceptable for this approval. In addition, the project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites). FINDINGS Findings for the Major Modification are included in the attached Resolutions. 8.1 Packet Pg. 12 City of Menifee Planning Commission Hidden Hills COA Modification Tract 30142 March 25, 2020 Page 7 of 7 ATTACHMENTS 1. Resolution 2. Conditions of Approval 3. Hidden Hills Buildout Condition Validation Letter 8.1 Packet Pg. 13 RESOLUTION NO. PC 20-_____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING MAJOR MODIFICATION NO. PLN20-0096 (MODIFICATION TO CONDITIONS OF APPROVAL FOR TRACT NO. 30142 AS MODIFIED MY EXTENSION OF TIME NO. 2009-036) LOCATED SOUTH OF CRAIG AVENUE, EAST OF MURRIETA ROAD AND WEST OF EVANS ROAD Whereas, on March 12, 2020, KB Homes (hereafter referred to as the “Applicant”) applied to the City of Menifee for the approval of a Major Modification which proposes modifications to the conditions of approval for Tract Map No. 30142 as amended by Extension of Time No. 2009-036. Whereas, the Project would revise Condition of Approval no. 81, Traffic Signal Installation, in order to clearly identify timelines for the required traffic signal improvements in relation to the number of building permits issued for the development, and; Whereas, on June 8, 2004, the Riverside County Board of Supervisors originally approved Tentative Tract Map No. 30142 as a Schedule “A” subdivision of 166.3 acres into up to 523 single-family residential lots with 409 lots with a 7200 square foot minimum and 114 lots with a 6000 square foot minimum, a 5.3 acre park. 3 detention basins totaling 2 acres, 11 acres of open space (paseo) lots and a 3.3 acre hillside area; and, Whereas on June 16, 2009 the City of Menifee City Council approved the second one-year extension of time for Tentative Tract Map No. 30142, extending the expiration date for the map to August 8, 2010; and, Whereas, all potential environmental impacts were previously analyzed in Environmental Impact Report No. 445, which was prepared for Tentative Tract Map No. 30142 and adopted by the Riverside County Board of Supervisors on June 8, 2004. Whereas, Staff has reviewed the EIR and based on staff’s review, all impacts related to the map were analyzed in the EIR and no new environmental impacts have been identified. Therefore, no further environmental review is required. The previously prepared EIR is still accurate and acceptable for this approval. Whereas, on March 25, 2020, the Planning Commission of the City of Menifee, as a part of its consent calendar, considered Major Modification No. PLN20-0096 for a modification to the conditions of approval for Tract No. 30142 (in compliance with Title 7 of the Menifee Municipal Code and the California Subdivision Map Act) and considered materials in the staff report and accompanying documents. NOW, THEREFORE, BE IT RESOLVED the Planning Commission of the City of Menifee resolves as follows: Section 1. With regard to Major Modification No. PLN20-0096 to Tract Map No. 30142 the Planning Commission hereby makes the following findings: A. Consistency with the General Plan. The major modification is consistent with the General Plan Land Use Map. 8.1.a Packet Pg. 14 At t a c h m e n t : R e s o l u t i o n [ R e v i s i o n 1 ] ( 2 4 2 8 : H i d d e n H i l l s C O A M o d i f i c a t i o n T r a c t 3 0 1 4 2 ) Major Modification No. PLN20-0096 to TR30142 The project is for a major modification for an approved Tract Map No. 30142 (TR 30142). The project proposes to modify the conditions of approval for TR30142 in order to identify timelines for traffic signal improvements. The project does not propose to revise the existing layout or density of the underlying approved tract map. The project was approved for a 523-lot single-family (detached) residential subdivision with a density of 3.15 dwelling units per acre which is consistent with the General Plan designation. Surrounding General Plan land use designations include properties to the north designated by the General Plan as Rural Residential, One Acre Minimum (RR1) and 2.1-5 Residential, 2.1-5 Residential to the south, 2.1-5 Residential and Open Space-Conservation (OS-C) to the east, and RR1 to the west. These classifications are compatible with the existing General Plan designation of the subject site. B. Consistency with the Zoning Code. The current zoning designation of the project site is Low Density Residential (LDR-2). The LDR-2 designation is intended for single-family detached and attached residences with a minimum lot size of seven thousand and two-hundred (7,200) square feet. The map was previously approved for 523 single-family lots with minimum lot sizes of 6,000 square feet and 7,200 square feet prior to the current zoning designation becoming effective. At the time of the original approval, the map was determined to be consistent with the Zoning designation in place at that time. TR30142 and all associated phases have now been recorded and the current proposal will not revise the layout of the map and will only modify the conditions of approval. Therefore, the project is considered to be consistent with the underlying zoning designations. Surrounding zoning designations include Rural Residential, One Acre Minimum (RR1) and Low Density Residential (LDR-2) to the north, LDR-2 to the south, RR1 to the west and Open Space-Recreation (OS-R) to the east of the subject site. These classifications are compatible with the existing zoning designation of the subject site. C. Consistency with Title 7 - Subdivisions. Title 7, Subdivisions, of the Menifee Municipal Code classifies modifications to previously approved tract maps as minor or major. This project has been identified as a major modification to TR30142 and has been processed accordingly and consistent with Section 7.20.140, Modifications to Tentative Maps. The proposed modification to the conditions of approval was not considered a minor modification as the modified condition of approval was still determined to be necessary. D. Surrounding Uses. Approval of the application will not 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 major modification will not cause impacts to the surrounding properties. To the north of the subject site across Craig Avenue, to the west of the subject site across Murrieta Road and south of the subject site are single-family residential homes on larger lots and vacant land lies to the south of the subject. The tract map is currently partially developed and the homes within the tract are 8.1.a Packet Pg. 15 At t a c h m e n t : R e s o l u t i o n [ R e v i s i o n 1 ] ( 2 4 2 8 : H i d d e n H i l l s C O A M o d i f i c a t i o n T r a c t 3 0 1 4 2 ) Major Modification No. PLN20-0096 to TR30142 compatible with the existing residential uses. Therefore, project will not 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 vicinity. E. Compliance with CEQA. Processing and approval of the major modification application is in compliance with the requirements of the California Environmental Quality Act. All impacts related to Tract Map No. 30142 were previously analyzed in Environmental Impact Report No. 445 (SCH#2002051147) that was prepared for the original map and associated General Plan Amendment and Change of Zone application and adopted by the Riverside County Board of Supervisors. Staff has reviewed the EIR and based on staff’s review, all impacts related to the map were analyzed in the EIR and no new environmental impacts have been identified. Therefore, no further environmental review is required. The previously prepared EIR is still accurate and acceptable for this approval. In addition, the project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites). Section 2. The Planning Commission of the City of Menifee resolves and orders as follows: A. The Findings set out above are true and correct. B. Major Modification No. PLN20-0096 is hereby approved subject to the Conditions of Approval in Exhibit “1” to this Resolution. PASSED, APPROVED AND ADOPTED this the 25th day of March, 2020. _________________________ Randy Madrid, Chairman Attest: ___________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ V. Thai Phan, Assistant City Attorney 8.1.a Packet Pg. 16 At t a c h m e n t : R e s o l u t i o n [ R e v i s i o n 1 ] ( 2 4 2 8 : H i d d e n H i l l s C O A M o d i f i c a t i o n T r a c t 3 0 1 4 2 ) EXHIBIT “1” CONDITIONS OF APPROVAL Planning Application No.: Major Modification No. PLN20-0096 Project Description: Major Modification No. PLN20-0096 proposes a Major Modification to Tract Map No. 30142, modifying the project’s Conditions of Approval (COA) as amended through Extension of Time No. 2009-036 (EOT 2009-036). More specifically, the project proposes to modify COA NO. 81, Traffic Signal Installation, in order to clearly identify timelines for the required traffic signal improvements. The proposed revision will add a timeline for completion of each intersection in relation to the number of building permits issued for the development. MSHCP Category: Residential – Density less than 8 du/acre DIF Category: Single Family Residential TUMF Category: Single Family Residential Quimby Category: Single Family Residential Approval Date: March 25, 2020 Within 48 Hours of the Approval of This Project 1. Filing Notice of Determination (Nothing Further Required). The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Determination as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15063 and 15162. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, 8.1.b Packet Pg. 17 At t a c h m e n t : C o n d i t i o n s o f A p p r o v a l ( 2 4 2 8 : H i d d e n H i l l s C O A M o d i f i c a t i o n T r a c t 3 0 1 4 2 ) 2 construction, and maintenance of the Project and the Property for which the Project is being approved. All Conditions of Approval (COA) associated with Extension of Time No. 2009-036 (EOT 2009-036) for Tract Map No. 30142 will remain in effect and as is with the exception of COA No. 81, which will be revised as follows: COA 81. Traffic Signal Installation. The project proponent shall comply in accordance with traffic signal requirements within public road rights-of- way, in accordance with Ordinance 461. Traffic signals shall be installed at the following intersections: (a) Murrieta Road and ‘A’ Street Beth Drive prior to issuance of the 356th building permit (b) Murrieta Road and Craig Avenue prior to issuance of the 411th building permit (c) Murrieta Road and Garbani Road prior to issuance of the 461st building permit. 8.1.b Packet Pg. 18 At t a c h m e n t : C o n d i t i o n s o f A p p r o v a l ( 2 4 2 8 : H i d d e n H i l l s C O A M o d i f i c a t i o n T r a c t 3 0 1 4 2 ) 3 End of Conditions The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date _______________________________________________ ___________________ Name (please print) Title (please print) 8.1.b Packet Pg. 19 At t a c h m e n t : C o n d i t i o n s o f A p p r o v a l ( 2 4 2 8 : H i d d e n H i l l s C O A M o d i f i c a t i o n T r a c t 3 0 1 4 2 ) kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 March 17, 2020 Jonathan G. Smith, P.E. City of Menifee Department of Public Works 29844 Haun Road Menifee CA 92586 RE: Hidden Hills Buildout Condition Validation Dear Mr. Smith: This letter documents a comparison of the 2020 Buildout Conditions near the Hidden Hills development (Project) with the Buildout Conditions assumed in the Cimarron Valley Estates Environmental Impact Report (EIR) in order to validate the improvements included in the conditions of approval for the project. Cimarron Valley Estates EIR In 2003, the EIR for the Cimarron Valley Estates was approved for the residential development bound by Craig Avenue, Murrieta Road, Garbani Road and just east of Evans Road; now revered to as the Hidden Hills residential development. Due to the recession, the Project development was postponed. Since then, the Project development has progressed and is now under construction. This EIR assumes Buildout Conditions for year 2008 and the following improvement was recommended in the EIR. Garbani Road & Murrieta Road Recommended to improve this intersection by installing a traffic signal. It should be noted that the EIR was processed and approved by the County of Riverside, prior to the City of Menifee being incorporated in 2008. Project Conditions of Approval In 2009, The newly incorporated City of Menifee provided the Project with Conditions of Approval to install traffic signals at Craig Avenue/Murrieta Road, Beth Road/Murrieta Road and Garbani Road/Murrieta Road. Based on these conditions, construction documents were prepared, and a permit was obtained. Project Area Development A general aerial of the project vicinity was reviewed for the year 2008 (the Project’s initial expected Buildout year) and 2020 (current condition and the actual Project Buildout year). Figure 1 shows the 2008 development conditions and Figure 2 shows the 2020 development conditions. An evaluation of these aerials shows approximately 70 new estate homes that were constructed between 2008 and 2020; bound by Craig Avenue, Murrieta Road, Byers Road and Rolling Hills Drive. Additionally, 8.1.c Packet Pg. 20 At t a c h m e n t : H i d d e n H i l l s B u i l d o u t C o n d i t i o n V a l i d a t i o n L e t t e r ( 2 4 2 8 : H i d d e n H i l l s C O A M o d i f i c a t i o n T r a c t 3 0 1 4 2 ) Page 2 kimley-horn.com 401 B Street, Suite 600, San Diego, CA 92101 619 234 9411 approximately 90 homes were constructed between 2008 and 2020; bound by Evans Road, Corson Avenue, Porsche Road and Craig Avenue. Findings Based on a review of the Project EIR, Project Conditions of Approval and the project area development between 2008 and 2020, the project study area is not expected to generate a significant increase in the baseline traffic from what was analyzed in the Project EIR. Additionally, since the Conditions of Approval are being met by the Project with the installation of traffic signals at Craig Avenue/Murrieta Road, Beth Road/Murrieta Road and Garbani Road/Murrieta Road, and therefore exceed the EIR recommendations, it is concluded that project traffic impacts would be mitigated by the implementation of the Conditions of Approval. Please contact me at (619) 272-7194 or Joe.Shultz@kimley-horn.com should you have any questions. Sincerely, Joe D. Shultz RCE #84152 8.1.c Packet Pg. 21 At t a c h m e n t : H i d d e n H i l l s B u i l d o u t C o n d i t i o n V a l i d a t i o n L e t t e r ( 2 4 2 8 : H i d d e n H i l l s C O A M o d i f i c a t i o n T r a c t 3 0 1 4 2 ) Figure 1 - YEAR 2008 AERIAL MAP APPROX. 90 HOMES TO BE CONSTRUCTED APPROX. 70 HOMES TO BE CONSTRUCTED PROPOSED TRAFFIC SIGNAL IMPROVEMENTS PROPOSED TRAFFIC SIGNAL IMPROVEMENTS PROPOSED TRAFFIC SIGNAL IMPROVEMENTS 8.1.c Packet Pg. 22 At t a c h m e n t : H i d d e n H i l l s B u i l d o u t C o n d i t i o n V a l i d a t i o n L e t t e r ( 2 4 2 8 : H i d d e n H i l l s C O A M o d i f i c a t i o n T r a c t 8.1.c Packet Pg. 23 At t a c h m e n t : H i d d e n H i l l s B u i l d o u t C o n d i t i o n V a l i d a t i o n L e t t e r ( 2 4 2 8 : H i d d e n H i l l s C O A M o d i f i c a t i o n T r a c t