PC23-600RESOLUTION NO. PC 23-600
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING A VARIANCE (PLN23-0094) TO
REDUCE THE SIDE YARD SETBACK FROM 25 FEET TO 5 FEET, DUE
TO TOPOGRAPHIC CONSTRAINTS, FOR A SINGLE-FAMILY HOME
LOCATED ON MONTANA STREET (APN: 350-031-001).
WHEREAS, on May 19, 2023, the applicant, Kreg McCoy, filed a formal application
with the City of Menifee for the request of a variance (PLN23-0094) for the reduction of a
side yard setback from 25 feet to five (5) feet for a single-family home; and
WHEREAS, pursuant to the requirements of the California Environmental Quality
Act (CEQA), the project has been determined to be categorically exempt pursuant to
Section 15303 New Construction or Conversion of Small Structures (Class 3) and exempt
per Section 15061(b)(3).
WHEREAS, Conditions of Approval have been prepared and attached hereto as
Exhibit "A" of the resolution; and
WHEREAS, on July 12, 2023, 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 the requested variance, 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 400 feet of the Project boundaries,
and to persons requesting public notice;
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:
Section 1: The City of Menifee's Planning Commission hereby makes the following
findings for the requested variance (PLN23-0094) in accordance with Title 9,
Article 2, Chapter 9.110.070 "Findings for Approval" of the City of Menifee
Development Code:
Finding 1 - Because of special circumstances applicable to the property (size,
shape, topography, location or surroundings) or the intended use of
the property, the strict application of the standards of this Title
deprives the property of privileges enjoyed by other properties in the
vicinity in the same zone.
The project site has a zoning and General Plan Land Use Designation of
Rural Mountainous (RM) which requires a minimum 25-foot interior side yard
setback. The topography of the site limits the area which can be developed.
It is for this reason that the applicant has requested a reduction of the side
yard setback from 25 feet to five (5) feet. The enforcement of a 25-foot side
yard setback would effectively reduce the developable area substantially
McCoy Residence (PLN23-0094)
July 12, 2023
and severely restrict the development of a home unless excessive grading
takes place to accommodate the footprint of the house.
Finding 2 - Granting of the variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other
properties in the vicinity in the same zone.
As mentioned in Finding 1 above the proposed reduction of the side yard
setback is necessary for the development of lot due to its topography. The
reduction of the side yard setback to five (5) feet will not be out of character
for a residential area as many residential zones already have a five (5) foot
setback and some nearby properties within the RM zoning designation also
have side yard setbacks of less than 25 feet.
Finding 3 - Granting of the variance will not be materially detrimental to the public
health, safety and/or welfare, or injurious to property or improvements.
The granting of the variance will not be materially detrimental to the public
health, safety and/or welfare, or injurious to property or improvements. 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 - Granting of the variance does not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity
and zone in which the property is located.
As mentioned in Findings 1 and 2 above the variance is needed as the lot
has topographic constraints that limit the area of development. The granting
of this variance will not constitute a special privilege. Many residential zones
already have a five (5) foot side yard setback.
Finding 5 - Granting of the variance does not allow a use or activity which is
prohibited by the zone in which the property is located.
The requested variance will be for the reduction of a side yard setback for a
single-family home. The establishment of single-family homes is a permitted
use in the Rural Mountainous (RM) zoning / General Plan Land Use
designation.
Finding 6 - Granting of the variance will not be inconsistent with the goals and
policies of the adopted General Plan or applicable specific plan.
As mentioned in Finding 5 above the establishment of a single-family home
is a permitted use in the Rural Mountains (RM) General Plan Land Use
designation. The land use designation is intended for "Single-family
residential uses with a minimum lot size of 10 acres. Generally characterized
as areas of at least 10 acres where a minimum of 70% of the area has
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McCoy Residence (PLN23-0094)
July 12, 2023
slopes of 25% or greater. Allows limited animal keeping, agriculture,
recreational uses, governmental uses, and compatible resource
development (which may include the commercial extraction of mineral
resources with approval of a surface mine permit [SMP] and associated
uses)".
The granting of the requested variance will also be consistent with the
following General Plan Goals and Policies:
Goals:
Goal LU-1: Land uses and building types that result in a community where
residents at all stages of life, employers, workers, and visitors have a
diversity of options of where they can live, work, shop, and recreate within
Menifee.
Policies:
LU-1.8 Ensure new development is carefully designed to avoid or
incorporate natural features, including washes, creeks, and hillsides. (Land
Use Element Pg 5)
LU-1.11 Allow for reasonable accommodation (or permitting) of a single-
family residential dwelling on residentially designated, undeveloped, non-
conforming parcels that were legally established on or before December 18,
2013, with a lot size that is inconsistent with the General Plan land use
designation density. This policy is consistent with and intends to support the
housing production goals of the Housing Element of the General Plan and
State Housing Element law. Notwithstanding the foregoing, a proposed
dwelling unit on a non -conforming parcel may be limited due to the
constraints (lot size and conditions) of the parcel, shall be subject all other
applicable development standards of the General Plan and Development
Code, and shall not cause or result in any detriment to the public health,
safety, and/or welfare. (Land Use Element Pg 5)
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 PLN23-0094 subject to the Conditions of
Approval set forth in Exhibit "A" to this Resolution.
3. 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 3 of 4
McCoy Residence (PLN23-0094)
July 12, 2023
PASSED, APPROVED AND ADOPTED this the 12th day of July, 2023.
Chairman
Attest:
�aro Manwaring, ity Clerk
Approved as to form:
a
Th n, Assistant City Attorney
Page 4of4
EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Application No.: Variance PLN23-0094 — McCoy Residence Variance
Project Description: Variance (PLN23-0094) proposes to reduce the required side
yard setback distance for a proposed single-family home located
in the Rural Mountainous (RM) zone from 25 feet to five (5) feet.
This is due to the geological and topographic constraints on the
property and the large grade changes.
Assessor's Parcel No.: 350-031-001
MSHCP Category:
N/A
DIF Category:
N/A
TUMF Category:
N/A
Quimby Category:
N/A
Approval Date:
July 12, 2023
Expiration Date:
July 12, 2026
Page 1 of 5
Within 48 Hours of the Approval of This Project
1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning
Division a cashier's check or money order made payable to the City of Menifee in the
amount of fifty dollars ($50.00), for the County administrative fee, to enable the City to
file the Notice of Determination for the Mitigated Negative Declaration required under
Public Resources Code Section 21152 and California Code of Regulations Section
15075. 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, construction, and maintenance of the Project and the Property for
which the Project is being approved. In addition to the above, within 15 days of this
approval, the developer/applicant shall enter into an indemnification agreement with the
City. The indemnification agreement shall be substantially the same as the form
agreement currently on file with the City.
COMMUNITY DEVELOPMENT
General Conditions
3. Approval. This approval is solely for the reduction of the required 25-foot side yard
setback in the Rural Mountainous zone to five (5) feet for the property located at APN:
350-031-001.
4. Definitions. The words identified in the following list that appear in all capitals in the
attached conditions of Plot Plan No. PLN23-0094 dated July 12, 2023, shall be
henceforth defined as follows:
Permittee, Applicant, Project Permittee(s), Project Developer(s) shall all mean the
Permittee of this project.
APPROVED EXHIBIT A = Site Plan
5. Causes for Revocation. In the event the use hereby permitted under this Variance a)
is found to be in violation of the terms and conditions of this permit, b) is found to have
been obtained by fraud or perjured testimony, or c) is found to be detrimental to the
public health, safety or general welfare, or is a public nuisance, this permit shall be
subject to the revocation procedures.
6. Business Registration. Every person conducting a business within the City of
Menifee, shall obtain a business license, as required by the Menifee Municipal Code.
For more information regarding business registration, contact the City Clerk.
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7. Expiration Date. This approval shall be used within three (3) years of the approval
date; otherwise, it shall become null and void and of no effect whatsoever. By use is
meant the beginning of substantial construction contemplated by this approval within a
three-(3)-year period which is thereafter diligently pursued to completion or to the actual
occupancy of existing buildings or land under the terms of the authorized use. Prior to
the expiration of the three-(3)-year period, the permittee may request up to a three-(3)-
year extension of time in which to begin substantial construction or use of this permit.
Should the three-(3)-year extension be obtained and no substantial construction or use
of this permit be initiated within six (6) years of the approval date this permit, shall
become null and void.
8 Modifications or Revisions. The permittee shall obtain City approval for any
modifications or revisions to the approval of this project.
General Conditions
9. Comply with Ordinances. The development of these premises shall comply with the
standards of the City of Menifee Development Code and City of Menifee Municipal
Code and all other applicable ordinances, State, and Federal codes and regulations
and shall conform substantially to the adopted plan as filed in the office of the City of
Menifee Community Development Department, unless otherwise amended.
The development of the premises shall conform substantially with that as shown on
APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval.
10. Subsequent Submittals. Any subsequent submittals required by these Conditions of
Approval, shall be reviewed on an hourly basis (research fee), or other such review fee
as may be in effect at the time of submittal, as required by Resolution No. 22-1229
(Cost of Services Fee Study), or any successor thereto. Each submittal shall be
accompanied with a letter clearly indicating which condition or conditions the submittal
is intended to comply with.
Fees
11. Fees. Prior to the issuance of grading permits, the Community Development
Department shall determine the status of the deposit -based fees. If the fees are in a
negative status, the permit holder shall pay the outstanding balance.
FIRE DEPARTMENT
Prior to Building Permit Issuance
12. This project is located in a LRA-VERY HIGH FIRE AREA- This structure shall be
constructed in accordance with the Wildland-Urbane Interface requirements per the
2022 CFC Chapter 49, 2022 CBC 7A and the 2022 CRC. If applicant wants a variance
approval from the Fire Department because they are unable to meet the 30-foot
setback requirements for a High Fire area lot, the applicant must meet other
alternatives for the proposed building.
a. All parcels shall provide a minimum thirty (30) foot setback for all Buildings from
all property lines and/or the center of a Road, except as provided for in
Page 3 of 5
subsection (b) A reduction in the minimum setback shall be based upon
practical reasons, which may include but are not limited to, parcel dimensions
or size, topographic limitations, Development density requirements or other
Development patterns that promote low -carbon emission outcomes; sensitive
habitat; or other site constraints , and shall provide for an alternative method to
reduce Structure -to -Structure ignition by incorporating features such as, but not
limited to:
i. non-combustible block walls or fences; or
ii. non-combustible material extending five (5) feet horizontally from the
furthest extent of the Building; or
iii. hardscape landscaping; or
iv. a reduction of exposed windows on the side of the Structure with a less
than thirty (30) foot setback.
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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
Name (please print)
Date
Title (please print)
Page 5 of 5
MENIFEE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Planning
Commission Resolution No. PC23-600 was duly adopted by the Planning Commission of the City
of Menifee at a meeting thereof held on the 121h day of July, 2023 by the following vote:
Ayes: Diederich, Long, Madrid, LaDue
Noes: None
Absent: Thomas
Abstain
None