2021-12-08 Planning Commision Regular MEETING - Agenda PacketCity Council Chambers
29844 Haun Road
Menifee, CA 92586
Benjamin Diederich, Chair
Randy Madrid, ViceChair
Jeff LaDue, Commissioner
Chris Thomas, Commissioner
David White, Commissioner AGENDA
City of Menifee
Planning Commission
Regular Meeting Agenda
Wednesday, December 8, 2021
6:00 PM Regular Meeting
Cheryl Kitzerow, Director
Stephanie Roseen, Clerk
REGULAR MEETING (6:00PM)
1.CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. PRESENTATIONS NONE
5.AGENDA APPROVAL OR MODIFICATIONS
6. PUBLIC COMMENTS (NONAGENDA ITEMS)
This is the time for members of the public to address the Commission about items which are NOT listed
on the agenda. The Ralph M. Brown Act limits the Commission’s ability to respond to comments on non
agendized matters at the time such comments are made. Each speaker will be limited to three minutes
on any single item.
7. APPROVAL OF MINUTES
7.1 November 10, 2021 Minutes
8. CONSENT CALENDAR NONE
9. PUBLIC HEARING ITEMS NONE
10. DISCUSSION ITEMS
10.1 2021/2022 Legislative Update
RECOMMENDED ACTION
1. Receive and file.
11. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS
12. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES
13. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS
14.ADJOURN
City of Menifee Planning Commission
December 8,2021
Page 1 of 9
City Council Chambers29844 Haun RoadMenifee, CA 92586Benjamin Diederich, Chair Randy Madrid, ViceChair Jeff LaDue, CommissionerChris Thomas, CommissionerDavid White, Commissioner AGENDA City of Menifee Planning Commission Regular Meeting AgendaWednesday, December 8, 20216:00 PM Regular MeetingCheryl Kitzerow, DirectorStephanie Roseen, ClerkREGULAR MEETING (6:00PM)1.CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS NONE 5.AGENDA APPROVAL OR MODIFICATIONS 6. PUBLIC COMMENTS (NONAGENDA ITEMS)This is the time for members of the public to address the Commission about items which are NOT listedon the agenda. The Ralph M. Brown Act limits the Commission’s ability to respond to comments on nonagendized matters at the time such comments are made. Each speaker will be limited to three minuteson any single item. 7. APPROVAL OF MINUTES 7.1 November 10, 2021 Minutes8. CONSENT CALENDAR NONE 9. PUBLIC HEARING ITEMS NONE 10. DISCUSSION ITEMS
10.1 2021/2022 Legislative Update
RECOMMENDED ACTION
1. Receive and file.
11. COMMUNITY DEVELOPMENT DIRECTOR COMMENTS
12. COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES
13. FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS
14.ADJOURN
City of Menifee Planning Commission
December 8,2021
Page 2 of 9
City of Menifee Planning Commission November 10, 2021
Page 1 of 5
City Council Chambers
29844 Haun Road
Menifee, CA 92586
Benjamin Diederich, Chair
Randy Madrid, Vice-Chair
Jeff LaDue, Commissioner
Chris Thomas, Commissioner
David White, Commissioner
MINUTES
City of Menifee
Planning Commission
Regular Meeting Minutes
Wednesday, November 10, 2021
6:00 PM Regular Meeting
Cheryl Kitzerow, Director
Stephanie Roseen, Clerk
REGULAR MEETING (6:00PM)
1.CALL TO ORDER
Chair Diederich called the meeting to order at 6:03 PM.
2.ROLL CALL
Present: Benjamin Diederich, Jeff LaDue, Randy Madrid, Chris Thomas (arrived at 6:21 PM),
David White
Absent: None
3.PLEDGE OF ALLEGIANCE
Commissioner LaDue led the flag salute.
4.PRESENTATIONS - NONE
5.AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved unanimously (4-0-1, Thomas absent) with no modifications.
6.PUBLIC COMMENTS (NON-AGENDA ITEMS)
None.
7.APPROVAL OF MINUTES
7.1 October 27, 2021 Minutes
The minutes were approved unanimously (4-0-1, Thomas absent) with no
modifications.
8.CONSENT CALENDAR - NONE
Item Title:7.1 November 10,2021 Minutes
Item Page Number:1
City of Menifee Planning Commission November 10, 2021
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AYES: Diederich, LaDue, Madrid, White
NAYS: None
RECUSE: Thomas
9.PUBLIC HEARING ITEMS
9.1 Plot Plan No. PLN 20-0167 and Conditional Use Permit No. PLN 20-0165 (“The
Boulders” Mixed-Use Project)
Principal Planner Ryan Fowler provided a presentation and reported on the project
location; general plan land use; zoning; description; site layout; landscaping; parking;
architecture; community outreach; environmental determination; and
recommendations.
The Commissioners asked staff about the number of parking spaces.
Chair Diederich opened the public hearing at 6:16 PM. Chair Diederich stated he had
a minor conversation with the applicant a couple years ago. City Clerk Sarah
Manwaring stated the public hearing was legally noticed and correspondence received
had been distributed to the Commission.
Resident Tom Barrows spoke in opposition of an apartment complex at that location.
The applicant, Rich Wilson, thanked staff and discussed the benefits of the project.
The Commissioners asked the applicant about tenants for the commercial site,
construction timeline, rent for the apartments.
Commissioner Thomas arrived at 6:21 PM.
Mr. Wilson stated they agreed with the conditions of approval.
Chair Diederich closed the public hearing at 6:24 PM.
Assistant City Attorney Thai Phan stated that Commissioner Thomas must abstain
from voting because he was not present for entire public hearing.
The Commissioners stated the reasons they were in favor of project.
Ms. Manwaring stated there was a member of the public that would like to make
public comment. Chair Diederich reopened the public hearing at 6:28 PM.
Barbara Allen stated her opposition to low-income housing.
Chair Diederich closed the public hearing at 6:32 PM.
ACTION
1.Adopted Resolution No. PC21-550, adopting a Mitigated Negative Declaration
MOVER: Jeff LaDue
SECONDER: David White
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City of Menifee Planning Commission November 10, 2021
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AYES: Diederich, LaDue, Madrid, White
NAYS: None
RECUSE: Thomas
AYES: Diederich, LaDue, Madrid, White
NAYS: None
RECUSE: Thomas
2.Adopted Resolution No. PC21-551, approving Plot Plan No. PLN 20-0167.
MOVER: David White
SECONDER: Randy Madrid
3.Adopted Resolution No. PC21-552, approving Conditional Use Permit No. PLN
20-0165.
MOVER: Jeff LaDue
SECONDER: Randy Madrid
9.2 2021 – 2029 Housing Element Update Project
Senior Planner Doug Darnell introduced the item and City consultants Candyce
Burnett and Kari Cano with Kimley-Horn and Associates. Mr. Darnell and Ms. Burnett
provided a presentation and reported on the project summary; housing element
description; housing element housing plan; housing element policies; Regional
Housing Needs Assessment (RHNA) allocation: 6th Cycle (2021-2029); adequate sites
analysis; moderate and above moderate-income sites; very low and low-income sites;
safety element update; climate vulnerability assessment; new safety element policies;
land use element update; land use element updates related to the Economic
Development Corridor (EDC); preferred use-mix for EDC subareas; land use
element update proposed rezoned parcels; land use amendment EDC – high density
residential (HDR); land use amendments EDC – low to moderate density residential
(LMDR) and moderate density residential (MDR); environmental justice policies;
overview of community outreach; environmental justice outreach; California
Department of Housing and Community Development (HCD) review; environmental
review; tribal outreach; and correspondence received.
The Commissioners inquired about low-income housing development; economic
development corridor percent limitation; noticing for zone changes; selection of parcels
and sites; and the low-income housing requirement.
Commissioner Thomas requested staff look at adding a footnote that indicated the
percentages were in reference to acreage in regard to the preferred use mix for EDC
subareas.
Chair Diederich opened the public hearing at 7:28 PM. City Clerk Sarah Manwaring
stated the public hearing was legally noticed and correspondence received had been
distributed to the Commission.
Ron Sullivan inquired about cultural resources and review of sites and EDC land uses.
Chair Diederich closed the public hearing at 7:31 PM.
Item Title:7.1 November 10,2021 Minutes
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City of Menifee Planning Commission November 10, 2021
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AYES: Diederich, LaDue, Madrid, Thomas, White
NAYS: None
RECUSE: None
AYES: Diederich, LaDue, Madrid, Thomas, White
NAYS: None
RECUSE: None
AYES: Diederich, LaDue, Madrid, Thomas, White
NAYS: None
RECUSE: None
Community Development Director Cheryl Kitzerow and Ms. Cano answered
comments from Mr. Sullivan.
ACTION
1.Adopted Resolution No. PC21-553, recommending City Council adoption of the
Final Program Environmental Impact Report (“FPEIR”) for the Housing Element
Update Project, based on the findings incorporated in the FPEIR and the
conclusion that the project will not have a significant impact with mitigation.
MOVER: Jeff LaDue
SECONDER: Randy Madrid
2.Adopted Resolution No. PC21-554, recommending City Council approval of
General Plan Amendment No. PLN21-0022.
MOVER: Randy Madrid
SECONDER: David White
3.Adopted Resolution No. PC21-555, recommending City Council approval of
Change of Zone PLN21-0021.
MOVER: David White
SECONDER: Jeff LaDue
10.DISCUSSION ITEMS - NONE
11.COMMUNITY DEVELOPMENT DIRECTOR COMMENTS
Community Development Director Cheryl Kitzerow discussed the upcoming City events.
The Commissioners inquired about the Holland Road Overpass and an update on the
courthouse.
12.COMMISSIONER REPORTS ON COMMITTEE ACTIVITIES
Commissioner White stated the Menifee Citizens Advisory Committee would be meeting
next month to discuss the Outstanding Citizen of the Year.
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City of Menifee Planning Commission November 10, 2021
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13.FUTURE AGENDA REQUESTS FROM PLANNING COMMISSIONERS
None.
14.ADJOURN
Chair Diederich adjourned the meeting at 7:41 PM.
Stephanie Roseen, CMC
Deputy City Clerk
Item Title:7.1 November 10,2021 Minutes
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Orange County | Silicon Valley | San Francisco
Governor Newsom Signs SB 8, SB 9, SB 10, and AB 1174
September 2021
By: Ajit Thind
On September 16, 2021, Governor Gavin Newsom signed into law four bills designed to facilitate housing production across California: SB 8, SB 9, SB 10, and AB 1174. AB 1174, an urgency measure, goes into effect immediately, while the other three bills will take effect on January 1, 2022.
SB 9 creates a ministerial process for (1) an owner to split an existing single-family residential lot into
two relatively equal lots and (2) provides that an owner can build up two units on a single-family residential lot. While SB 9 will generally apply statewide to urban and suburban areas, sensitive types of properties (high-fire zones, wetlands, flood zone, historic properties, etc.) and properties that have
been recently used for rental/affordable housing are excluded. SB 9 allows cities and counties to apply “objective” standards to either the lot split or two-unit development, provided they do not result in a unit size of less than 800 square feet.
In an effort to respond to concerns that SB 9 would disproportionately benefit developers, changes were made to the bill to:
- Require an applicant that elects to split a parcel to sign an affidavit indicating that the applicant intends to occupy one of housing units as a principal residence for a minimum of three years from the date of the approval of the lot split.
- Prohibit the same party from buying adjacent lots and splitting them both.
A building official may deny either a lot split or two-unit project if it can make specific findings related to the public health and safety. As ministerial actions, both the lot split and the two-unit project would be exempt from CEQA and, while still subject to the Coastal Act, will not require a public hearing.
SB 8 extends the sunset on SB 330, the Housing Crisis Act of 2019 (“HCA”), by five years, to January 1, 2030, and provides that until January 1, 2034, the HCA’s provisions apply to a housing development
project that submits a preliminary application before January 1, 2030. SB 8 also clarifies provisions of the HCA related to downzoning, the definition of “housing development project,” and demolition and replacement of units.
SB 10 creates a voluntary process for a local agency to adopt an ordinance allowing up to ten units on a parcel, at a height specified in the ordinance, if the parcel is located in either a transit-rich area or an
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urban infill site (as defined therein). The ordinance would be exempt from CEQA and must contain certain specified findings. The bill will sunset on January 1, 2029.
AB 1174 is an urgency measure designed to clarify and expand upon SB 35, which was adopted in 2017 to streamline housing production in jurisdictions not meeting their RHNA numbers. AB 1174 clarifies the length of validity of certain approvals, when newer objective standards can apply to a previously approved project, and other matters specific to SB 35.
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