PC23-606RESOLUTION NO. PC 23-606
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA RECOMMENDING CITY COUNCIL DENY
ZONING CODE AMENDMENT NO. PLN21-0201 AND MAJOR
MODIFICATION NO. PLN21-0199 FOR TENTATIVE TRACT MAP NO.
31194 "GOLDEN MEADOWS."
WHEREAS, on May 20, 2021, the applicant, Richland Planned Communities,
Inc., filed a formal application with the City of Menifee for a Zoning Code Amendment
(PLN21-0201) to amend Chapter 9.155.030(E) (PD-5: Golden Meadows {TR311941) of
the City of Menifee Municipal Code to revise the development standards of County of
Riverside approved Tentative Tract Map No. 31194; and,
WHEREAS, on May 20, 2021, the applicant, Richland Planned Communities,
Inc., filed a formal application with the City of Menifee for a Major Modification (PLN21-
0199) to revise Phase 4 of approved Tentative Tract Map No. 31194; and,
WHEREAS, the underlying approved project is valid until October 10, 2024,
having received multiple time extensions on the city and state level; and
WHEREAS, the Planning Commission recommends the denial of an Addendum
to the previously certified Final Environmental Impact Report (EIR) for Tentative Tract
Map No. 31194; and
WHEREAS, on February 8, 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 Zoning Code Amendment (PLN21-
0201) and Major Modification (PLN21-0199), which hearing was publicly noticed by a
publication in the Press Enterprise, a newspaper of general circulation, an agenda
posting, and notice to property owners within 300 feet of the project boundaries, and to
persons requesting public notice; and
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves
as follows:
Section 1: The City of Menifee Planning Commission hereby makes the following
findings to deny Zoning Code Amendment No. PLN21-0201 in accordance with Title 9,
Article 2, Chapter 9.115.070 — Findings for Approval:
Finding 1 - The proposed zone or amendments to this Title is not consistent
with the intent of the goals and policies of the General Plan.
Tentative Tract Map No. 31194 was originally approved by the County of
Riverside prior to the City's incorporation; at the time the project was
approved, the zoning of the site was R-1 — One Family Dwellings, R-4 —
Planned Residential and R-5 — Open Area Combined Development. The
Planned Development Overlay was established by the city in January
2020 to identify planned development projects ("County Projects")
approved by the city (shortly after incorporation) or the County of
Golden Meadows MJMOD and ZCA
February 8, 2023
Riverside prior to the City's incorporation and in most cases, the projects
contain special development standards specific to the planned
development project. The project is identified as a Planned Development
by Title 9 of the City of Menifee Municipal code. The zoning of the site is
currently Planned Development Overlay (PDO-5 or PD-5).
The Vision 2035 of the General Plan specifically called for: "preservation
of established neighborhoods and rural communities essential to the
Community's distinctive character." This vision was further supported by
Policy (LU-1.1) which encourages concentrating growth in strategic
locations to help preserve rural areas, create place of identity, provide
infrastructure efficiently, and foster the use of transit options. LU1.4
further directs to preserve, protect, and enhance established rural, estate
and residential neighborhoods by providing sensitive and well -designed
transitions.
The project proposes text revisions to Section 9.155.030(E) of the
municipal code (Planned Development Districts - PD-5: Golden Meadows
JR 31194}) for purposes of establishing new minimum development
standards to support the reduction of lot sizes within Phase 4 of approved
Tentative Tract Map No. 31194. The proposed changes, which include
reduced minimum lot sizes, setbacks and increased allowable building
coverage are incompatible with the existing surrounding rural
development.
The proposed amendments to Title 9, Section 9.155.030(E) are not
consistent with the intent and goals of the General Plan and the PDO-5
standards as modified.
Finding 2 - The proposed zone or amendments to this Title does not prescribe
reasonable controls and standards to ensure compatibility with
other established uses.
Tentative Tract Map No. 31194 was originally approved by the County of
Riverside and through the approval process, project Findings were made,
including adjacent land use compatibility and consistency for the project
("Approved Project").
One of Menifee's most important land uses in terms of historic character
and lifestyle choice is its rural areas and rural communities. General Plan
Goal CD-2 states: Preserve and enhance the character of the City's rural
areas. This is accomplished by requiring open space and land use buffers
to the extent possible between rural/equestrian-oriented land uses and
dissimilar uses.
The proposed project includes text revisions to Section 9.155.030(E) of
the municipal code (Planned Development Districts - PD-5: Golden
Meadows JR 31194)). The Planning Commission made the
determination that the additional units proposed within Phase 4, along
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with the proposed minimum lot size would be incompatible with the
existing surrounding rural land uses. The additional unit count would
increase traffic and population in the area resulting in unsafe conditions
for pedestrians due to a lack of public infrastructure (specifically,
sidewalks), and these additional impacts would not adequately be offset
by the benefits the project would have to the city.
The project has not been designed to include reasonable controls and
standards such as parcel size, building coverage, setbacks, increase in
traffic calming measures and other public benefits as a result in the
increase in unit count to ensure compatibility with existing/proposed
surrounding uses.
Finding 3 - The proposed zone or amendments to this Title does not provide
reasonable property development rights while protecting
environmentally sensitive land uses and species.
An Environmental Impact Report (EIR) for the Approved Project was
certified by the County on April 10, 2007 (State Clearinghouse No.
2003061122). The Certified EIR addressed potential impacts to the
physical environment that would or may occur from implementation of the
Approved Project. Biological reports were conducted to determine
sensitive plant and animal species onsite and applicable mitigation
measures included in the EIR were included for their protection.
An Addendum to the Certified EIR has been prepared in accordance with
Sections 15162 and 15164 of the California Environmental Quality Act
(CEQA) Guidelines and taken before the Planning Commission. The City,
as the lead agency under CEQA, prepared an Addendum to the Certified
EIR to consider environmental impacts associated with proposed Major
Modification and Zoning Code Amendment, which would entail changes
to Phase 4 of approved TTM No. 31194 and changes to the approved
zoning code through a zoning text amendment. However, the
recommendation of the Planning Commission is to deny the project,
including the Addendum.
With implementation of the proposed project, Phase 4 of the residential
development would add 98 additional residential lots for a total of 259
compared to the 161 residential lots of the previously approved project.
The surrounding properties would be affected as a result of constructing
the proposed project because of the additional traffic and community
character. Therefore, the Zoning Code Amendment does not provide
reasonable property development rights while protecting adjacent land
uses.
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Finding 4 - The proposed zone or amendments to this Title does not ensure
protection of the general health, safety and welfare of the
community.
The Zoning Code Amendment could result in conditions detrimental to the
public health, safety, or general welfare as designed and conditioned.
Due to the increase in number of dwelling units, the project will cause an
increase in traffic to the existing rural area. The Planning Commission
determined that the additional units proposed within Phase 4, along with
the proposed minimum lot size would be incompatible with the existing
surrounding rural land uses. The additional unit count would increase
traffic and population in the area resulting in unsafe conditions for
pedestrians due to a lack of public infrastructure (specifically, sidewalks),
and these additional impacts would not adequately be offset by the
benefits the project would have to the city.
The proposed entitlements are 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.
Section 2: The City of Menifee Planning Commission hereby makes the findings listed
below to deny Major Modification No. PLN21-0199 in accordance with Title 9, Article 2,
Chapter 9.30.120(C)(2)(b) which declares that a major modification shall be processed
in the same manner and subject to the same standards as the original application.
The Planning Commission hereby makes the findings to deny the project 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 not consistent with the Development Code, General
Plan, any applicable specific plan, and the Menifee Municipal Code.
Tentative Tract Map No. 31194 was originally approved by the County of
Riverside prior to the City's incorporation; at the time the project was
approved, the zoning of the site was R-1 — One Family Dwellings, R-4 —
Planned Residential and R-5 — Open Area Combined Development. The
Planned Development Overlay was established by the city in January
2020 to identify planned development projects ("County Projects")
approved by the city (shortly after incorporation) or the County of
Riverside prior to the City's incorporation and in most cases, the projects
contain special development standards specific to the planned
development project. The project is identified as a Planned Development
by Title 9 of the City of Menifee Municipal code. The zoning of the site is
currently Planned Development Overlay (PDO-5 or PD-5).
The General Plan land use designation for the subject parcels is 2.1-5
du/ac Residential (2.1-5R) and Rural Residential — 5 Acre Minimum
(RR5). Surrounding properties to the north and to the east have a
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February 8, 2023
designation of 2.1-5R, while the properties to the south are designated
Rural Residential '/2 Acre Minimum and 1 Acre Minimum and the
properties to the west are designated Rural Residential — 1 Acre Minimum
and Public Facilities (PF). The intent of the project's land use designation
is for single-family detached and attached residences with a density
range of 2 to 5 dwelling units per acre.
The proposed project requires a zoning code amendment to modify the
development standards, as such, the project as proposed does not
comply with the current standards. The proposed changes include
reducing the minimum allowable lot size from 6,000 square feet to 3,780
square feet. The sub-4,000 square foot lot sizes are substantially smaller
in size than all neighboring properties.
The Planning Commission determined that the reduced lot sizes and
additional residential lots proposed within Phase 4 is not consistent with
the surrounding rural land uses. The additional residential lots would
result in an increase in traffic, causing a danger to the public and these
additional impacts would not adequately be offset by the benefits the
project would have to the city. The proposed project is inconsistent with
the existing General Plan, as said use doesn't support the surrounding
rural residential land uses. The proposed project does not provide
additional benefits to all properties in the area.
In addition, the project is inconsistent 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 project as proposed reduces the minimum residential lot size
within Phase 4 from 6,000 square feet to 3,780 square feet. The
proposed project contains rural zoning to the south and west. The
Planning Commission made the determination that the proposed lot
sizes are incompatible with the nearby rural land use/zoning
designations. The project is inconsistent with this policy as it leads
to the concentration of residential growth in rural areas within the
City, opposed to areas designated for higher density.
LU-1.4: Preserve, protect, and enhance established rural, estate,
and residential neighborhoods by providing sensitive and well -
designed transitions (building design, landscape, etc.) between
these neighborhoods and adjoining areas.
The project proposes to increase residential lot counts by allowing
lot sizes of less than 4,000 square feet in an area surrounded by
rural properties. The project site is bound by 1-acre minimum and
1/2-acre minimum lot sizes to the south and west and doesn't
provide an adequate transition in lot sizes.
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LU-1.9: Allow for flexible development standards provided that the
potential benefits and merit of projects can be balanced with
potential impacts.
The additional residential lots would result in an increase in vehicle
traffic, causing potential harm to the public and it was determined
these additional impacts would not adequately be offset by the
project benefits. The proposed project does not provide increased
benefits to the area that the approved project would not already be
required to provide.
CD-2.1: Require open space and recreation buffers, increased
setbacks/step backs, landscape screening, sensitive site planning,
and/or other buffer techniques, to the extent possible, between
rural/equestrian-oriented land uses and dissimilar uses.
The project as proposed reduces the minimum residential lot size
within Phase 4 from 6,000 square feet to 3,780 square feet. In
return, the project proposes an increase in parkland within Phase 4;
the park increases from 1.5-acres to 3-acres along with the addition
of a .75-acre community rec center with pool. Although the amount
of parkland more than doubled, the Planning Commission felt the
possible negative impacts from an increase in population and traffic
would outweigh the benefits of the increase in parkland to the city.
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 not physically suitable for the type of development and
the proposed land use of the development.
The major modification could result in conditions detrimental to the public
health, safety, or general welfare as designed and conditioned. Due to the
increase in number of dwelling units, the project will cause an increase in
traffic and population to the existing rural area. The Planning
Commission determined that the additional units proposed within Phase
4, along with the proposed minimum lot size would be incompatible with
the existing surrounding rural land uses. The additional unit count would
increase traffic and population in the area resulting in unsafe conditions
for pedestrians due to a lack of public infrastructure (specifically,
sidewalks), and these additional impacts would not adequately be offset
by the benefits the project would have to the city. Therefore, the site is not
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physically suitable for the type of development or the proposed land use
of the development.
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 or 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.
Pursuant to CEQA, an EIR for the Approved Project was certified by the
County on April 10, 2007. The Certified EIR addressed potential impacts
to the physical environment that would or may occur from implementation
of the Approved Project. In the EIR, it was found that with implementation
of mitigation measures, the proposed project would not result in any
significant impacts related to biological resources such as plant and
animal species or their habitat. A Mitigation Monitoring and Reporting
Plan (MMRP) was prepared and identifies all mitigation measures that will
be required for the project.
The City, as the lead agency under CEQA, has prepared an Addendum to
the Certified EIR to consider environmental impacts associated with
proposed Major Modification and Change of Zone, which would entail
changes to Phase 4 of approved TTM No. 31194 and changes to the
zoning code.
Finding 5 - The design of the subdivision and the type of improvements are
likely to cause serious public health problems.
The project could result in conditions detrimental to the public health,
safety, or general welfare as designed, as the proposed project will lead
to an increase in vehicle traffic to the existing rural area. The project site
is surrounded by single-family residential zones and more specifically
rural residential zones to the south and west.
Therefore, the proposed subdivision is 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. Energy efficiency/energy conservation attributes
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of the project would be complemented by increasingly stringent state and
federal regulatory actions addressing enhanced building/utilities energy
efficiencies mandated under California building codes (e.g., California
Code of Regulations Title 24, including requirements for energy
efficiency, thermal insulation, and solar panels and California Green
Building Standards Code). Compliance itself with applicable Title 24
standards would ensure that the project energy demands would not be
inefficient, wasteful, or otherwise unnecessary.
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 to avoid any conflict.
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 subdivision will fulfill Quimby obligations though a combination of the
construction of on -site park space and payment of fees as determined by
the Parks Recreation and Trails Commission (PRTC) and the Community
Services Department. An existing Quimby Agreement is in place for the
Approved Project. The developer was required to provide a total of 7.5-
acres of parkland to meet their Quimby obligation under prior city
ordinance. The developer was proposing 5.35-acres of total parkland
across three (3) parks; the developer would pay the city in -lieu fees for
the balance of the Quimby requirement of 2.15-acres at $76,133.00 per
acre (total $163,685.95).
The proposed project went before the PRTC on February 2, 2023 to
amend the Quimby Agreement due to the proposed changes within
Phase 4. Per the amendment to the Quimby Agreement, the developer
will dedicate a 3-acre public park and a 0.75-acre private recreational
amenity in this area and receive 3.38 acres of credit towards Quimby
fees. The balance of the required park land is 0.32 acres and will be
handled through the payment of in -lieu fees as determined in MMC
Section 7.75.070. The subdivision is consistent with the City's parkland
dedication requirements (per the Quimby Act).
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NOW THEREFORE, BE IT RESOLVED, the Planning Commission of the City of
Menifee hereby recommends to the City Council the following:
1. 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 City Council Resolution provide the basis to deny Zoning Code
Amendment No. PLN21-0201 and Major Modification No. PLN21-0199 and that
the Council deny said entitlements.
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.
PASSED, APPROVED AND ADOPTED this 8` day of February 2023.
J L Due, Chairman
on
Valencia, Acting 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, Rachel Valencia, Administrative Assistant of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC23-606 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 8th day of February, 2023 by
the following vote:
Ayes:
Diederich, Long, Madrid, Thomas, LaDue
Noes:
None
Absent:
None
Abstain:
None
D
pachel Valencia, Administrative Assistant