City of Menifee
City Council &
Planning Commission
Workshop
February 26, 2025
Presented by:
Mark Teague
Placeworks
2 OVERVIEW
• General Plans & Zoning
• Specific Plans
• Other Standards
• Role of the Council
• Role of the Commission
• Role of Staff
• How Projects are Reviewed
• General Plan
• Zoning
• Findings
• CEQA
Federal
• National Environmental Policy Act
(NEPA)
• Endangered Species Act (ESA)
• Clean Water Act (CWA)
• Clean Air Act
• Religious Land Use and
Institutionalized Persons Act (RLUIPA)
• Federal court decisions
State
• Planning and Zoning Law
• Subdivision Map Act
• California Environmental Quality
Act (CEQA)
• Permit Streamlining Act (PSA)
• Mitigation Fee Act
• California Coastal Act
• Ralph M. Brown Act
• Political Reform Act
• Government Code/Legislation
• State court decisions
LEGAL BASIS FOR PLANNING
3 Federal
• National Environmental Policy Act
(NEPA)
• Endangered Species Act (ESA)
• Clean Water Act (CWA)
• Clean Air Act
• Religious Land Use and
Institutionalized Persons Act (RLUIPA)
• Federal court decisions
State
• Planning and Zoning Law
• Subdivision Map Act
• California Environmental Quality
Act (CEQA)
• Permit Streamlining Act (PSA)
• Mitigation Fee Act
• California Coastal Act
• Ralph M. Brown Act
• Political Reform Act
• State court decisions
Local
General Plan
Specific Plan
Zoning Ordinance
Other Ordinances &
Regulations
Design Guidelines
Environmental
Guidelines
Application Submittal
Requirements
LEGAL BASIS FOR PLANNING
4 “Our goals can only be
reached through a vehicle
of a plan, in which we must
fervently believe, and upon
which we must vigorously
act. There is no other route
to success.”
– Pablo Picasso
5 General plan – State Law
Zoning – Implements the General Plan
Specific Plans – Optional, can be Zoning
Other – ex. Objective Design Standards
CEQA – Not Regulatory but an Influence
6 7
GENERAL PLAN
• Vision & Values for the City
• Very long term
• Becoming less General
7 a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of
population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency
Management Agency (FEMA) or the Department of Water
Resources.
State Requirements for a Land Use Element
8 DIFFERENCES IN FOCUS
DIFFERENCES IN FOCUS
State Requirements for a Housing Element
(a) The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.
The housing element shall contain all of the following:( a) An assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs. The assessment and inventory shall include all of the following:(1) An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584.(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.(3) An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.(4) (A) The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters. (I) The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter. (5) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the locality’s ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). 9 Word Salad
10 LINKING CONCEPTS TO ACTIONS
1.Land Use
2.Circulation
3.Open Space & Conservation
4.Community Design (optional)
5.Economic Development (optional)
6.Housing
7.Noise
8.Safety
11 MENIFEE GENERAL PLAN ELEMENTS
• Focus on a smaller area of the City
• Contains standards for land use
densities, streets, and other public
facilities in greater detail than the
general plan
12 SPECIFIC PLANS
ZONING MAKES IT HAPPEN… OR NOT
• The General Plan’s
implementation tool
• Divides the city into districts
• Identifies permitted and
conditional uses in each
district
• Euclidian and Form-Based
(hybrid too)
13 KEY ZONING DISTINCTION
Land Use Types
Divided into
Districts
Within Each
District A Land Use
Can Be Ministerial
or Discretionary
Ministerial Land
Uses Permitted
Automatically
Discretionary May
or May Not be
Permitted and May
be Conditioned
14 Establishes Detailed Standards
• Building uses
• Building size (height, lot coverage and setbacks)
• Landscaping
• Signs and billboards
• Parking requirements
• Other performance standards
15 EUCLIDIAN ZONING
Ministerial: Little personal judgment, use of
fixed or objective standards
Discretionary: Requires exercise of judgment or
deliberation
Mixed Decision Projects: Considered discretionary
16 MINISTERIAL VS. DISCRETIONARY PROJECTS
Legislative = Council Approves
Discretionary = Commission Approves
Ministerial = Staff Level (counter)
17 PERMIT APPROVALS
P = Permitted
C = Conditional
-- = Not Allowed
18 LAND USE BY ZONE
• Body of final decision
• Sets policy for the City
• Directs the Planning Commission on items to study
• Hears appeals from decisions made by lower bodies
• The final determiner of higher level planning decisions • Prepares and adopts the budget
• Establishes the priorities for the City
CITY COUNCIL ROLE
19 Appointed by the City Council
• Liaison
• Study Sessions and Periodic Workshops
• Policy and Procedure Training Sessions
• Public Events
Communicating with the Council will Take Various Forms
Opportunity to Exchange Ideas, Thoughts and Opinions
Ensure Consistency of the Vision for the Community
ROLE OF THE PLANNING COMMISSIONER
YOU AND THE CITY COUNCIL
20 ROLE OF THE PLANNING COMMISSION
§ 2.20.100 FUNCTIONS AND DUTIES OF PLANNING COMMISSION.
The Planning Commission shall have the following functions and duties:
(A) Study and make recommendations to the City Council regarding the General Plan; (B) Develop and make recommendations to the City Council regarding specific plans; (C) Advise the City Council regarding the city’s proposed capital improvement program for consistency with the city’s General Plan;
(D) Assist, advise and make recommendations to the City Council regarding the comprehensive zoning ordinance;
(E) Recommend to the City Council actions to be taken on proposed projects, or take final action on projects as provided by state law and this code or other city ordinances; (F) Hear appeals of Community Development Director decisions; (G) Hear public nuisance matters; and
(H) Undertake other duties as provided by state law or as assigned by the City Council. 21 Link Between the Planning Commission and Staff
• Brings Items Before Commission When Ready
• Make Changes, Additions and Suggestions
• Overall Coordination of the Commission
A Good Planning Commission Will:
• Read Staff Reports and Conduct Site Visits
• Not Blindside Staff – Call Beforehand, Allow Time to Research • Establish a Collaborative Working Relationship
• Be Respectful
ROLE OF THE PLANNING COMMISSIONER
YOU AND STAFF
22 • Review the Staff Report
• Decide on the appropriate CEQA Compliance (recommended in the staff report)
• Conduct the Public Hearing
• Discuss
• Usually one of three outcomes:
1. Approve or Recommend Approval
2. Continue for Reasons
3. Deny
• Staff report will have Findings for the staff recommendation • Findings are from state law and our own Municipal Code 23 MAKING DECISIONS AS A PLANNING COMMISSION
1. The actual decision, including any conditions imposed on or modifications to the proposal
2. The standards applied to the decision
3. Findings of Facts upon which the decision was based and the conclusions derived from those facts
4. A statement explaining the process to appeal
24 FINDINGS
9.40.070 Findings for Approval Prior to approving an application for a Minor Conditional Use Permit or a Major Conditional Use Permit, the approving authority shall make all the following findings:
A. The proposed design and location of the conditional use is consistent with the adopted General Plan and any applicable specific plan.
B. The proposed design and location of the conditional use meets all applicable standards of development and operation of this Title, including any applicable specific use regulations.
C. That the proposed site is adequate in size and shape to accommodate the conditional use in a manner that is compatible with existing and planned uses in the vicinity.
D. That the proposed design and location of the conditional use will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity.
25 FINDINGS FROM OUR ORDINANCE
65906. Government Code
Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.
The provisions of this section shall not apply to conditional use permits.
9.110.070 Findings for Approval Prior to approving an application for a Variance, the approving authority shall make all the following findings:
A. 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.
B. 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.
C. Granting of the variance will not be materially detrimental to the public health, safety and/or welfare, or injurious to property or improvements.
D. 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.
E. Granting of the variance does not allow a use or activity which is prohibited by the zone in which the property is located.
F. Granting of the variance will not be inconsistent with the goals and policies of the adopted General Plan or applicable specific plan. 26 STATE LAW FINDING FOR A VARIANCE
To provide objective information regarding the environmental consequences of a proposed project to the decision makers who will be reviewing and considering the project.
To provide the public and applicable regulatory agencies the ability to participate in the public decision-making process and comment on the environmental effects of a proposed project (based on established thresholds).
27 INTENT OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
• Exemptions
• Statutory
• Categorical
• Environmental Impact Reports
• Subsequent
• Supplement
• Master
• Program
• Project
• Addendum to EIR
• Negative Declarations
• Negative Declaration (No Mitigation
Measures)
• Mitigated Negative Declaration
• Addendum to Negative Declaration
Substantial Evidence Fair Argument
TYPES OF CEQA DOCUMENTS
28 29
EXEMPTIONS
Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA.
General: A determination that the project will not
result in direct or reasonably foreseeable indirect
physical change in the environment. This is known as
the common sense exemption. (15060(c))
Interesting Exemptions: Section 15183 which says
“projects which are consistent with the development
density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review,
except as might be necessary to examine whether there
are project-specific significant effects which are
peculiar to the project or its site.”
Statutory Exemption: Exempt from CEQA by legislative
intent. Not always in the CEQA Guidelines.
Categorical Exemptions: Specific actions determined
exempt from CEQA, currently 33 of them. They have
specific requirements and often studies needed to
support them.
UNDERSTANDING THRESHOLDS
30 MITIGATION MEASURES
Requirement to mitigate does not confer to agencies any new legal authority:
• “…a public agency may exercise only those express or implied powers provided by law other than this division.” (PRC 21004)
Measures must be enforceable.
• Pay particular attention to “fair-share fees”
• Difficult to enforce future public behavior
Be linked to a significant impact – No significant impact, no mitigation 31 32
CEQA STREAMLINING
Declaring of Certain Projects Ministerial
Exemptions and Addendums
Tiering from existing EIR
Supplemental EIR
Sometimes even with mitigation an impact remains significant The analysis must include all feasible mitigation
Substantial evidence is needed to discard a suggested mitigation Cost should not be the only reason to discard the mitigation If you have them, you need an EIR
With an EIR you can still approve the project
Significant impacts do not (necessarily) stop a project
IMPACTS THAT CANNOT BE MITIGATED TO LESS THAN
SIGNIFICANT
33 STATEMENT OF OVERRIDING CONSIDERATION
Reasons why the project should be approved even
though it has significant environmental impacts
Supported by substantial evidence
We need the $$$ isn’t likely to survive challenge
List as many reasons as make sense, only one is
needed to support the override
34 • Final EIR & Errata
• Project Description
• Comment Letters & Responses
• Findings
• Staff Report
What to Skim
• Introduction & Setting
• Methodology & Thresholds
35 WHAT TO READ FIRST…
• Planning Commissioner Handbook
• https://www.ilgplanninghandbook.org/
• California Office of Planning and Research (OPR)
• https://lci.ca.gov/
• California Environmental Quality Act (CEQA)
• https://lci.ca.gov/ceqa/getting-started/
• California Legislative Information Code Search (laws) • http://leginfo.legislature.ca.gov/faces/codes.xhtml
• League of California Cities (Cal Cities)
• https://www.calcities.org/
• Planning and Community Development Department
www.cacities.org/Member-
Engagement/Professional-Departments/Planning-
Community-Development
• CalEnviroScreen
• https://oehha.ca.gov/calenvirosc
• Housing and Community Development (HCD)
• www.hcd.ca.gov/
• State Department of Finance (DOF)
• www.dof.ca.gov/Forecasting/Demographics/
• CEQAnet
• https://ceqanet.opr.ca.gov/
• Institute for Local Government
• https://www.ca-ilg.org/
ADDITIONAL RESOURCES
36 • New digital toolkit for Planning
Commissioners
• Updated content on:
• CEQA
• Community Engagement
• Legal Issues
• Housing Laws
• Financing
• & More!
PLANNING COMMISSIONER HANDBOOK
ILGPlanningHandbook.org
37