CITY OF MENIFEE
SUBJECT: “Legado Specific Plan” – Planning Application Nos. Specific Plan No. 2017-187, Change of Zone No. 2017-188, Vesting Tentative Tract Map No. 37408 (Planning Application No. 2018-137), Vesting Tentative Tract Map No. 37409
(Planning Application No. 2018-138), Tentative Tract Map No. 37391 (Planning Application No. 2017-264),
Development Agreement No. 2018-277 –Environmental
Impact Report (EIR) (State Clearinghouse #2009091118)
MEETING DATE: June 3, 2020
TO: Mayor and City Council
PREPARED BY: Lisa Gordon, Special Project Manager
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
RECOMMENDED ACTION
1. Conduct a Public Hearing; and
2. Adopt a Resolution to certify the Envir onmental Impact Report and adopt Statement of Overriding Considerations based upon the findings incorporated in the Resolution and analysis in the Environmental Impact Report; and
3. Introduce an Ordinance approving Specific Plan 2017 -187 based upon the findings and conclusions; and
4. Introduce an Ordinance approving Change of Zone 2017 -188 to change the site’s existing zoning designation from “Fleming Ranch Specific Plan Zone” to “Legado Specific Plan Zone”; and
5. Adopt a Resolution approving Tentati ve Tract Map No. 2017 -264 (TR 37391) subject to the conditions of approval and based upon the findings and conclusions; and
6. Adopt a Resolution approving Vesting Tentative Tract Map No. 2018 -137 (TR 37408) subject to the conditions of approval and based upon the findings and conclusions; and
7. Adopt a Resolution approving Vesting Tentative Tract Map No. 2018 -138 (TR 37409) subject to the conditions of approval and based upon the findings and conclusions; and
11.2 Packet Pg. 472
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
8. Introduce an Ordinance approving Develop ment Agreement 2018 -277 to apply to portions of the Legado Specific Plan subject to the findings and conclusions.
PROJECT DESCRIPTION
Specific Plan 2017 -187 proposes the development of the 331.0 -acre Project site with up to 1,061 residential homes on ap proximately 216.9 acres, freeway-oriented commercial land uses on 20.1 acres, a 12.9 -acre community park/community center, a 1.9 -acre private recreation center, paseos/neighborhood parks on 7.9 acres, conserved open space on 6.3 acres, detention/water quality basins on 26.4 acres, and roadways on 38.6 acres.
11.2 Packet Pg. 473
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
The Specific Plan includes twenty-two (22) Planning Areas proposing the following land uses:
Residential Planning Areas: 15 Total
11.2 Packet Pg. 474
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Commercial Planning Areas: 2 Total
Open Space and Recreation Planning Areas – 2 Total (Open Space PA22 and Community Park PA 18 only). Other recreation areas included in residential planning areas.
11.2 Packet Pg. 475
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Basin/Water Quality – Three (3) Total
Change of Zone No. 2017 -188 proposes to modify the zoning on the Proje ct site to reflect the Legado Specific Plan land use plan for the approximately 331.0 -acre Project site. At the time the Project’s Notice of Preparation (NOP) was distributed for public review (2017), the Project’s existing zoning designations were C -P-S (Scenic Highway Commercial) and R -1 (One-Family Dwellings) and CZ 2017 -188 proposed to change the site’s existing zoning from “Scenic Highway Commercial (C -P-S”) and “One -Family Dwellings (R -1)” to “Specific Plan Zone (SP).” However, on December 18, 2019 the City of Menifee adopted a new zoning map that went into effect on January 18, 2020. Pursuant to the new zoning map, the Project site’s zoning designation will be SP “Fleming Ranch Specific Plan Zone.” Thus, CZ No. 2017 -188 would change the site’s updated existing zoning designation from “Fleming Ranch Specific Plan Zone” to “Legado Specific Plan Zone.” The zone change would also include updating Title 9, Article 3 “Zones”, Chapter 9.155.020 “Adopted Specific Plans”, from “Fleming Ranch (in process)” to “Legado Specific Plan.”
Tentative Tract Map No. 2017 -264 (TTM 37391) proposes a large -lot subdivision map for conveyance purposes and would establish lots corresponding to the Planning Area boundaries
11.2 Packet Pg. 476
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
as proposed by SP 2017-187. A majority of backbone roadway dedications would occur as part of the large -lot subdivision. TTM 37391 would establish a subdivision of 26 lots proposed for 263.5 acres of residential, recreation center, paseos/neighborhood parks and water quality basin uses, 20.1 acres of c ommercial uses, 12.9 acres of park uses, 6.3 acres of open space uses, while the remaining 28.2 acres are proposed for internal public roadways.
Vesting Tentative Tract Map No. 2018 -137 (TTM 37408) proposes to subdivide the Project area west of Sherman Road (excluding the proposed commercial area) into 475 residential lots (totaling 79.5 acres of residential uses). Additional lots (totaling 75.7 acres) are proposed for community park/community center uses, open space/recreation/landscape uses, water quality/detention basins, internal public roadways, park uses, and recreation center uses.
11.2 Packet Pg. 477
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Vesting Tentative Tract Map No. 2018 -138 (TTM 37409) proposes to subdivide the Project area east of Sherman Road into 547 residential lots (totaling 85.4 acr es of residential uses).
Additional lots (totaling 73.7 acres) are proposed for open space/recreational uses, open space/conservation uses, water quality/detention basins, park uses, and internal public roadways.
11.2 Packet Pg. 478
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Development Agreement 2018-277 proposes the establishment of provisions for development of the Project such as, but not limited to, infrastructure improvements, park benefits, vesting of development rights, and timing of public improvements.
DISCUSSION
PROJECT LOCATION
The Project site is located south of Rouse Road, east of Encanto Drive and west of Antelope Road. The Project site is located in the City of Menifee, County of Riverside, State of California.
The project site consists of Assessor Parcel Numbers (APNs) 333 -020-009, 333 -020-010 (partial), 333-030-012, 333-030-013, 333-030-021, and 333-030-022 (partial).
11.2 Packet Pg. 479
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Project Location
PLANNING COMMISSION RECOMMENDATION
Planning Commission May 13, 2010
At the May 13, 2020 Planning Commission hearing, the Commission unanimously recommended certification of the Environmental Impact Report, adoption of the Statement of Overriding Consideration, and approval of the Project.
The City received four (4) comment letters/emails from the: 1) Southwest Regional Council of Carpenters; 2) Life Ca re Center of Menifee; 3) Arts Council Menifee; and, 4) and Boys and Girls Club of Menifee Valley (see attached) in response to the public hearing notice for the Planning Commission meeting. The letters for the Southwest Regional Council of Carpenters and Life Care Center commented on the adequacy of the Final Environmental Impact Report (FEIR). Under the California Environmental Quality Act (CEQA), the City is not required to respond to comments on the F EIR. However, regardless of having satisfied its l egal requirements, responses to these letters are being provided to the City Council as part of the staff report for the Project (see attached). These responses affirm Staff and the Planning Commission’s assessment that the FEIR fully complies with the pr ovisions of CEQA and is complete and adequate. The letters from the Arts Council Menifee and Boys and Girls Club were letters in support of the Project.
11.2 Packet Pg. 480
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
In addition, comments from five members of the public were read by the City Clerk during the public h earing. The comments were from Ron Sullivan, John Tribelhorn with Arts Council Menifee (email read per requested), John W hann with the Boys and Club (letter read per requested), Darcy Kuenzi, and Marion Ashley. The comments were in support of the project , especially the public benefits such as road improvements, drainage improvements, parks and community center.
The Commission and staff discussed the P roject’s requirements for soil testing, lot sizes, and recreational amenities. Overall, the Commissio n was complementary of the p roject design, layout and theme, and voted 5-0 to recommend City Council approval.
BACKGROUND
Previous Application Processing and Planning Commission Workshop Different versions of the Specific Plan have been processed for thi s site since 2005 and there have been past hearings, notices and environmental documents related to those previous versions. The Planning Commission staff report contains a more detailed description of the previous application processing and Workshop in the Background Section.
General Plan
The General Plan land use designation of the site is Specific Plan (Fleming Ranch); however, the Fleming Ranch Specific Plan was never adopted nor approved. At the time of the preparation of the General Plan, the Flem ing Ranch Specific Plan project was considered to be in process and the Land Use Element Background Report specifies that the specific plan land use designation represents both approved or in process projects. It was assumed that the Fleming Ranch Specifi c Plan would be approved soon after the adoption of the General Plan, which occurred in December 2013, and if not, the developer of the project area would need to process a Specific Plan for the development of the area.
The intent of the Specific Plan general plan land use designation is to recognize areas where an existing specific plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. Since no Specific Plan is in place for the property, th e applicant has prepared and processed the Legado Specific Plan (which was previously called the Fleming Ranch Specific Plan) to provide the policies, standards and criteria for development of the area.
The proposed Legado Specific Plan is consistent wi th the General Plan. The Specific Plan provides land uses, development standards and design guidelines that implement the goals and policies of the General Plan. Roadways, trails, bike lanes, enhanced landscape corridors, and a possible opportunity for a City gateway monument have been incorporated into the Specific Plan consistent with the General Plan.
Existing General Plan land use designations north of the Project site include “Commercial Office (CO),” “Commercial Retail (CR),” “2.1 -5 dwelling units per acre (du/ac) Residential (2.1 -5 R),” and “Rural Residential – 5 acre minimum (RR5).” Lands to the east of the Project site are designated as “2.1-5 du/ac Residential (2.1-5 R),” “5.1-8 du/ac Residential (5.1-8 R) and “Rural Residential – 5 acre minimum (RR5).” Lands to the south of the Project site are designated as
11.2 Packet Pg. 481
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
“Economic Development Corridor (EDC),” “Public/Quasi Public Facilities (PF),” “Recreation (OS- R),” and “5.1-8 du/ac Residential (5.1 -8 R).” Properties located to the west of the Project s ite, beyond Encanto Drive and Interstate 215 are designated as “Economic Development Corridor (EDC)” and “2.1-5 du/ac Residential (2.1-5 R).” Where residential designations or existing uses occur, the P roject proposes residential uses or recreational uses . Commercial planning areas are adjacent to Encanto Drive, away from existing residential uses. The Planning Area containing the proposed sports park has incorporated buffering through landscaping and lighting will be shielded. The Project is compatible with surrounding land use designations.
Zoning
On December 18, 2019 the City of Menifee adopted a new zoning map that went into effect on January 18, 2020. Pursuant to the new zoning map, the Project site’s zoning designation is SP “Fleming Ranch Specific Plan Zone.” Thus, CZ No. 2017 -188 would change the site’s updated existing zoning designation from “Fleming Ranch Specific Plan Zone” to “Legado Specific Plan Zone.” The zone change would also include updating Title 9, Article 3 “Zones”, Chapt er
9.155.020 “Adopted Specific Plans”, from “Fleming Ranch (in process)” to “Legado Specific Plan.”
The Specific Plan includes the allowed uses and development standards applicable to property within the Specific Plan. The allowed uses and development s tandards are consistent with those allowed in the latest version of the Economic Development Corridor - McCall Boulevard zone (EDC -MB) for the commercial areas and consistent with the corresponding residential zones of Menifee Municipal Code.
Properties located north of the Project site are designated for “Low Density Residential -1 (LDR- 1)”, Low Density Residential -2 (LDR -2)”, “Commercial Office (CO)”, and “Commercial Retail
11.2 Packet Pg. 482
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
(CR)”. Properties located to the east of the Project site are classified as “Rura l Residential, 5- acre minimum (RR 5)” and “Planned Development District (PDO -1)”. Properties located to the south of the Project site are zoned “Economic Development Corridor -McCall Boulevard (EDC - MB)”, “Public/Quasi -Public Facilities (PF)”, and “Low Medi um Density Residential (LMDR)”.
Properties located to the west of the Project site will be classified as EDC -MB and LDR-2. The proposed Project is compatible with the surrounding zoning.
Surrounding Uses
The Project site is bounded as follows: Rouse Roa d and residential development to the north; Chambers Avenue, residential development, the Hans Christensen Middle School, a mobile home community, a convalescent facility (Life Care Center), commercial retail, and a motel to the south; the future extension of Antelope Road and vacant land (under construction for residential uses) to the east; and Encanto Drive and Interstate 215, beyond which is a residential community, a mobile home community, and a golf course (North Golf Course) to the west. The general plan land use designations and zoning classifications are consistent with the existing uses where they occur.
Specific Plan
The purpose of the SP is to provide the land use framework for the development of an approximate 331-acre site with a mix of res idential, mixed-use, public facility, recreational and open space uses. Specifically, its purpose is to:
Determine the appropriate location and intensity of development and mix of land uses within the SP area;
Guide the character of land planning to ensure that high-quality improvements are made to create a safe and inviting community;
Establish public and private sector implementation measures and responsibilities that adequately address both local and regional needs;
Define the future location and dimensions of roadways and other access ways; Identify basic utilities, infrastructure, and public services necessary to support the community;
Provide vehicular and pedestrian connectivity; and
Institute planning concepts, design guidelines, utility design, and building techniques that are environmentally responsible.
The main components of the Specific Plan include the Community Development Plan (Chapter 3) which establishes the planning areas and other major development components (circulation, water, sewer, drainage, grading), Development Standards (Chapter 4) which provides specific uses and development standards for each planning area (setbacks, height, etc.) and Design Guidelines (Chapter 5) which discusses architectural and landscape design guidelines fo r the community.
The Community Development Plan (Chapter 3) provides an overview of development and includes state mandated exhibits and discussions on land use, circulation, utilities and drainage for the Project. This chapter also includes a phasing plan for development and grading.
11.2 Packet Pg. 483
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Chapter 4 Development Standards creates zoning for the Project site; establishing applicable standards and allowable uses for the Commercial, Residential, Recreational and Water Quality land uses/planning areas.
Chapter 5, Design Guidelines, provides the general standards for Commercial, Residential and Recreational site design, architecture, landscaping, streetscape and edge conditions between planning areas, wall and fencing, lighting, and Project monumentation.
Circulation
The Circulation Plan reinforces the concept of traditional neighborhood design and proposes a circulation system comprised of roadways, pedestrian pathways and trails to provide for efficient and effective access to and through the site. The Circulation Plan is designed to provide optimal circulation efficiency and safety for guests and residents. Where feasible, traffic calming measures such as round -abouts, pop -outs, specialty paving treatments, and landscaping methods to slow traffic and increase visibility should implemented.
Five General Plan Roadways are designated adjacent to and within the SP area:
Encanto Drive - Modified Major Roadway (Freeway Frontage Road), Sherman Road - Major Roadway,
Antelope Road - Major Roadway,
Chambers Avenue - Secondary Roadway, and
Rouse Road - Secondary Roadway.
11.2 Packet Pg. 484
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Bus stop locations were coordinated with the Riverside Transit Agency. Bus stops are provided primarily along Sherman Road, with a stop on Rouse Road, closer to Encanto Drive. Bus shelters or cash in lieu for future shelters, will be provided for all bus stops.
Bike lanes and Neighborhood Electric Vehicle ( NEV) lanes are provided consistent with the General Plan and Parks, Trails, Open Space and Recreation Master Plan (PTOSR). Add itional bike lanes, in addition to those required by the General Plan, are also provided to ensure efficient non -motorized access throughout the development. W ithin the SP, the 8 -foot wide lanes allow for bicycles and NEVs to share the same lane. No NEV la nes are provided on Encanto Drive or Chambers Avenue west of Sherman Road where only bike lanes are provided.
The development has also accommodated right -of-way on Rouse Road to allow for the future location of a bikeway/NEV overcrossing that is included in the City’s General Plan.
11.2 Packet Pg. 485
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
The Project includes an extensive sidewalk and trails plan which has been implemented on the Vesting Tentative Tract Map exhibits. Trails have been provided consistent with both the General Plan and the PTOSR Master Plan. The exhibit below shows the location of the trails and sidewalks. The pedestrian network enhances walkability throughout the site and provides an amenity to future residents and the surrounding area.
11.2 Packet Pg. 486
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Infrastructure Phasing
It is anticipated that the backbone infrastructure within the Legado boundary will be installed in three or more phases.
11.2 Packet Pg. 487
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Tentative Map Design and Map Phasing
The Specific Plan is proposed to be implemented through the three (3) tentative maps proposed as part of the Project. Tentative Tract Map No. 37391 is for financing purposes only and subdivides the Project site into parcels consistent with the Specific Plan’s Planning Areas.
Tentative Tract Map No. 37408 and No. 37409 (TM37408 and TM37409) create the subdivisions of the Project site into 1,022 residential lots and provide the layout and design for the parks, roadways, parkways and other site amenities, implementing the Specific Plan.
TM37408 is referred to as the West Village and TM37409 is referred to as the East Village. The maps are connected through the “Paseo Legado” which is a roadway with expanded parkway and a linear park that runs east to west through the subdivision. Sherman Road and two other north/south connector roadways through the site have been designe d as curvilinear streets to provide interest and for traffic calming. Additional traffic calming measures are provided within each track and include traffic circles and bulbs at the intersections. Additional details on the design are provided in the discussion below.
Each Tentative Tract Map includes a Phasing Plan. Although each map has a phasing plan, it is anticipated that the phases for each will move forward concurrently, for example, Phase 1 of TR37408 and Phase 1 of TR37409 will proceed at the s ame time consistent with the Specific Plan Infrastructure Phasing Plan above.
11.2 Packet Pg. 488
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
West Village - TR37408/TM 2018-137
11.2 Packet Pg. 489
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
East Village - TR37409/TM 2018-138
11.2 Packet Pg. 490
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Open Space and Landscaping
The Specific Plan contains locations, development standards and design guidelines for the open space within the Project area. Conceptual landscaping plans have been prepared with the residential tract maps implementing the Specific Plan requirements. These conceptual plans show proposed landscaping for the enhanced park ways and paseos, the Community Park, Neighborhood Parks, Recreation Center and for the basins. The plans also include entry monuments and walls and fencing. Final landscaping and irrigation plans will be required generally prior to building permit issuance and/or final occupancy of the residential lots. For the commercial areas, landscaping plans will be processed with the implementing projects for those areas. The Specific Plan contains landscaping requirements which refer back to the City’s Landscaping Ordinance for Project landscaping and irrigation requirements and also some design guidelines to address Project specific items, such as screening of the basins.
The open space in the Specific Plan Project area primarily includes basins, parks and pase os.
An area in the northeast corner of the project area is designated for conservation due to environmental constraints.
11.2 Packet Pg. 491
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Recreation/Parks
A major component of the Specific Plan is the Community Park, the Paseo Legado with activity nodes, the Neighbo rhood Parks and a Private Recreation Center. Sidewalks are strategically distributed throughout these areas. As conceptually shown, every home would be located within a 1/4 mile of a trail. The parks required by the Specific Plan have been incorporated i nto the design of the Tentative Tract Maps. The following provides a summary of the recreation aspects of the Project.
Community Park
The 12.9 acre Community Park provides for sports fields, a community center, picnic areas, and a playground to meet the n eeds of the future residents of the SP as well as the surrounding community. Trees have been provided on the southern boundary for screening. Lighting will be shielded and directed away from adjacent uses. The Community Park is conditioned to be completed prior to issuance of the 500 th residential occupancy in the Specific Plan. The community center is conditioned to be constructed prior to issuance of the 750 th residential occupancy in the Specific Plan.
Paseos
The Paseo Legado (shown below) is 65 feet wide on both the north and south sides of the Village Entry street (58 feet excluding right -of-way/parkway). It provides passive and active recreational uses (walking, biking, interactive public art and amenities) as well as a meandering
11.2 Packet Pg. 492
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
eight-foot wide sidewalk. It is the identifiable entry to the West and East Villages and the heart of the Legado community and connects the West and East Villages. The western half of the Paseo Legado (west of Sherman Road) is conditioned to be constructed prior to t he 140 th occupancy of TR37408, and the eastern half of the Paseo Legado (east of Sherman Road) is conditioned to be constructed prior to the 148th occupancy of TR37409.
The width of the north -south paseos that run adjacent to interior roads in each trac t are generally 20 feet wide. These enhance the streetscape, and serve as a buffer between the streets and the residential neighborhoods. The timing for completion of these paseos is tied to adjacent lots and occupancies issued in the map phases.
Neighborhood Parks
The Specific Plan proposes two neighborhood parks. The West Village Neighborhood Park is approximately 1.41 acres. The East Village Neighborhood Park is 2.22 acres. Both are located at the termini of the Paseo Legado.
The West Village Neighborhood park includes a tot lot, picnic area and turf area. The park is conditioned to be completed prior to the 140th occupancy in TM37408.
The East Village Park is envisioned to be educational and relaxing with activities such as native landscape gardens with education al signage about sustainability and space for group exercise such as yoga. The park is conditioned to be completed prior to the 148 th occupancy in TM37409.
11.2 Packet Pg. 493
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Recreation Center
The Legado community also includes a 1.89 acre Privat e Recreation Center located at the western terminus of the Paseo Legado and adjacent to the West Neighborhood Park in TM37408. A pool and spa, restroom building with showers, and walkways will be provided. A six- foot high view fence will surround the Priva te Recreation Center. The recreation center is conditioned to be completed prior to the 500th building permit in the Specific Plan.
11.2 Packet Pg. 494
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Basins
The conceptual landscaping plans were designed to ensure screening of the large basins along Encanto Drive and Sherman Road. Multiple rows of trees and shrubs are proposed to be used for screening. The City of Menifee Community Design Element of the General Plan requires that retention/detention basins be visually attractive and well -integrated with the adjace nt uses.
The basin landscape shall not interfere with the performance and functionality of the water quality basins, however trees and shrubbery will be installed around the upper areas of the basins for aesthetics. The landscape on the berms and down slopes around the detention/water quality basin(s) include materials that do not provide food or cover for bird species to be compatible with airport operations. The interior slopes will be landscaped with native grasses along with the floor of the water quali ty portion of the basins. Only the top 2/3 of the interior slope will have permanent irrigation. Adequate landscaping shall be provided to deter erosion along the slopes and create an aesthetically pleasing environment to the greatest extent possible. As p reviously discussed, the floor of the water quality basins will be level and will consist of grasses on an engineered soil media with an average depth of 24 -inches that has a high removal effectiveness for pollutants such as: sediment, trash, metal, bacter ia, oil and grease, organic compounds and pesticides and a medium pollutant removal effectiveness for nutrients. Due to the low infiltration rates, perforated subdrains will be placed beneath the engineered soil media to convey the treated water to the det ention basin area. The floor of the detention areas will consist of compact native soil.
The multiple detention basins within the SP area serve many purposes including: water quality treatment, detaining increased runoff due to the proposed development ( Hydrological Conditions of Concern (HCOC) mitigation), detention of off -site runoff coming to the SP area, mitigating flooding in Encanto Drive, and reducing the peak runoff flow rate to a level that can be conveyed by the existing Caltrans RCB culvert tha t runs under I -215. There is no financially feasible alternative drainage design in regards to the basins. Flows originating from within the SP area (and adjacent tributary area) ultimately drain to the existing Caltrans 10 -foot x 5 -foot reinforced concrete box (RCB) culvert at the western edge of the SP boundary which conveys the existing flows under Encanto Drive and the I -215 Freeway to an existing Riverside County Flood Control and Water Conservation District (RCFC&WCD) maintained concrete trapezoidal channel (Channel G -G) on the opposite side. This trapezoidal channel continues in a southwestern direction, while also accepting additional flows from other drainage areas and ultimately outlets in the regional Salt Creek Channel which then flows to Canyon Lake. The existing Caltrans RCB culvert is not sized to convey additional flows. Alternative designs would need to include increasing the size of the Caltrans RCB culvert, and possibly additional downstream facilities or significant drainage infrastruct ure that would be more appropriately designed as part of a larger area drainage plan.
11.2 Packet Pg. 495
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
See the following exhibits which show the basin locations and a portion of the conceptual landscaping plan demonstrating screening.
11.2 Packet Pg. 496
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Planning Area 19 (Basin at Encanto)
11.2 Packet Pg. 497
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Public Art
The Sports Park provides the area and opportunity to locate public art that enhances the character of the community pursuant to the Community Design Element of the General Plan.
The public art could include historical plaques that honor the Historic Route 395. These historical markers could serve as public art pieces that add to the park’s aesthetic and supports the lifelong learning guiding principal.
Public art is also intended to have a presence along the Paseo Legado. Interactive an d visually interesting, these pieces could range from fun touchable sculptures to playable musical instruments.
11.2 Packet Pg. 498
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Signs –Monuments
Primary
Primary Community Entry Monuments will be used to identify the main community entry points at the intersection o f Sherman Road with Chambers Avenue and Rouse Road. The Primary Community Entry Monuments incorporate several design elements including a stone -veneer sign wall in front of flowering trees, with decorative planter pots. These monuments create a feeling of cohesion and serve as welcoming elements for residents and visitors entering the community.
Secondary
Secondary Community Entry Monuments will be used to identify the minor community entry points adjacent to the Paseos at the intersections of Chambers Avenue and Rouse Road and
11.2 Packet Pg. 499
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
the Village Entry Road. The Secondary Community Entry Monuments incorporate several design elements including a stone-veneer wall in front of flowering trees.
Menifee Gateway
The Specific Plan site has been identified as a po tential location of a Menifee Gateway in the General Plan and is shown on Figure 5.1 Conceptual Landscape and Identity Framework. The proposed Gateway location is in the landscape lot between the commercial area and the detention basin. The Specific Plan allows one City of Menifee Gateway with the option for an electronic message board. This gateway sign is not for a future commercial entity but only allowed if the City elects to construct a Gateway as shown on the General Plan Exhibit CD -1:
Community Gateways below.
Architecture
The Project does not include specific elevations for residential, recreation, or commercial planning areas; however, the Specific Plan includes design guidelines for the implementing projects. The design guidelines generally require four-sided architecture, color variation, wall plane and roofline variation, window treatment, and variation in materials. Architecture for both future commercial and residential projects will be reviewed with implementing projects for consistency with the Specific Plan guidelines and requirements.
11.2 Packet Pg. 500
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
The architectural styles allowed for residential projects includes:
1. American Colonial
2. American Traditional
3. Craftsman
4. Colonial Monterey
5. Farmhouse
6. Ranch, and
7. Spanish Colonial.
Development Agreement
The applicant has proposed a Development Agreement. The following provisions are included within the Development Agreement as proposed:
The Applicant is requesting the following:
Freezing the Development Impact Fees (DIF) to the new Comprehensive DIF when adopted for a period of 7 years from the effective date of the Development Agreement. o Following the 7 year frozen period, DIF would be subject to a 50% increase for 3 years (if the City raised the DIF since the original update). o After 10 years from the ef fective date of Development Agreement, DIF fees would be charged at the rate in effect (no freeze or reduction); Initial Term of 15 years
o 5 year Automatic Extension if 500 homes receive certificate of occupancy in original term
o 2nd 5 year Extension if 750 homes receive certificate of occupancy prior to expiration of 1st extension
o Maximum 25 years unless project subject to Force Majeure Delays (extraordinary/unusual circumstances)
Park Dedication and Improvement Credits
o Credit towards the park improvement portion of DIF for the improvement costs for their parks
DIF covers the physical improvements of the park – play equipment, water fountains, picnic benches, landscaping, etc.
o Credit towards the Quimby fees
Quimby is for park land dedication
Funding of Park Improvements
o Maximum Developer contribution to Community Park & Community Center = $8 million plus CPI increases
CPI caps at year 15, with total maximum of $9,194,437 o Maximum Developer contribution to the Neighborhood Parks and Paseos = $3 million
Does not include a CPI escalator because these parks are anticipated to be constructed sooner and the cost is less likely to increase DIF Reimbursement and Credits for Improvements
o Park improvements included in the “excess credit” can be reimbursed through:
Park DIF fees paid by other projects in the vicinity
11.2 Packet Pg. 501
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
20% of lease revenue generated by the Community Park and Community Center
o Road and Drainage improvements included in the “excess credit” can be reimbursed through appropriate DIF fees paid by other projects in the vicinity (with such reimbursements coming solely from the Development Fees collected by the CITY and otherwise eligible for expenditure of the subject circulation and drainage facilities)
The City is receiving:
Community Center
4 acres of park land over the required 16.8
Excess Contributions towards parks (including cost of Community Center) – Approximately $8,000,000
Excess Contributions towards area drainage – Approximately $6,591,991 Excess Contributions towards roads – Approximately $8,392,653 o Includes Signals at Sherman and Chambers and Sherman and Rouse that were not required by the Project TIA
Excess Contribution was determined by the actual cost of the improvements, minus the DIF credit for the facilities as determined by the City’s DIF Nexus Study and possible estimated reimbursements
Further Planning Considerations
Evans Brown Mortuary Chapel
The property on the corner of Rouse Road and Encanto Drive contains an existing mortuary/chapel. This property is “not a part” of the Project. How ever, additional right -of-way will be required adjacent to the use in order to mitigate Project traffic and meet the roadway/intersection standards. Throughout the processing of the Specific Plan, staff has recommended that the property be included in the Specific Plan application, but due to the existing lease agreement with the business on the property, inclusion of the property in the Specific Plan and redevelopment of the site was not feasible. The Specific Plan has accommodated the allowance for parking in Planning Area 19, the basin adjacent to the existing business, to relocate parking from areas on the site where road improvement and right -of-way requirements are anticipated to eliminate parking. Conditions have been placed on the large lot tentative map to require revised site plans for the mortuary site so City staff can review the changes and relocation of parking.
11.2 Packet Pg. 502
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Life Care Center
Additional right -of-way along Encanto Drive in front of the Life Care Center will be required.
The large lot tentative map (PM37379) was conditioned to require the developer to submit a revised site plan for City review to analyze the relocation of parking or revisions of the parking lot. The Life Care Center submitted a letter in response to the EIR Public Review expressing concerns with impacts of future road improvements to their business. The developer has met with the Life Care Center to discuss modifying their parking lot.
The road improvements and additional right -of-way dedications were also incl uded in the conditions of approval on a tentative parcel map (PM 2017 -339/PM37379) that the Planning Commission approved in December 2019. The conditions for revised site plans and revisions to the sites was included with the tentative parcel map approval as well. The hearing was publicly noticed, but no comments were received.
Parks, Recreation, and Trails Commission
December 6, 2018 Meeting
The Project was presented to the Parks, Recreation, and Trails Commission (PRTC) on December 6, 2018 for a recom mendation on Quimby fees. The PRTC recommended that the City Council approve Quimby credit for the proposed sports park and the wider linear parks along the village entry (Paseo Legado) if additional amenities were added. The PRTC was not recommending credit for the pocket parks or the smaller twenty -foot linear parks/paseos along
11.2 Packet Pg. 503
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
the north -south interior tract streets. The PRTC also recommended the development of a community center.
June 6, 2019 Meeting
The Specific Plan open space and recreation pr oposal was modified after the December 6, 2018 meeting. Since that time, the developer added more open space and a community center to the Project. The total park acreage was increased from 19.47 acres to 20.8 acres. The Project was also revised to create a more defined theme for the neighborhood, “Mind, Body, Art and Soul”, which was better reflected in the design of the parks and amenities, such as public art, provided. Overall, the Developer addressed the PRTC comments by adding amenities to the Pase o Legado and increasing the size of the neighborhood parks. The PRTC recommended that the City Council approve Quimby credits based on the current proposal of
20.8 acres of park and open space, including the neighborhood parks which were previously excluded from credit.
Environmental Determination
Notice of Preparation (NOP) and Initial Study:
An initial study was prepared by the City of Menifee to preliminarily identify the environmental issue areas that may be adversely impacted by the Project. Based on the initial study, it was determined that an Environmental Impact Report would be required. The City filed a NOP with the California Governor’s Office of Planning and Research (State Clearinghouse) and the NOP was distributed to various agencies and s urrounding property owners and residents in accordance with CEQA requirements. The NOP review period was from November 14, 2017 to December 14, 2017. A publicly noticed EIR Scoping Meeting was held at the Hans Christensen Middle School on November 30, 2017 and provided an opportunity for members of the public to comment on the scope of environmental issues to be addressed in the EIR. A summary of the NOP comments, received from various agencies, residents and the general public are included in the EIR (Table 1-1 Page 1-8).
EIR Impacts:
Within the EIR that has been prepared for the Legado Specific Plan Project, mitigation measures are provided under the categories of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, G reenhouse Gas, Noise, Transportation and Traffic, Tribal Cultural Resources and Wildfire. The EIR determined that the Project could result in significant and unavoidable impacts under the categories of Air Quality, Greenhouse Gas, and Traffic/Transportation based on the analysis and findings in the Draft Environmental Impact Report ( DEIR), and require adoption of Statement of Overriding Consideration. A brief description of these impacts is as follows:
Air Quality: As described in the Air Quality subchapter, the project would result in significant and unavoidable impacts relating to operational VOCs and NOx emissions. It is important to note that the majority of VOC emissions are derived from consumer products. For analytical purposes, consumer products include cleaning supplies, kitchen aerosols, cosmetics and toiletries. As such, the Project cannot meaningfully control consumer products via mitigation; thus, VOC emissions are considered significant and unavoidable as no feasible mitigation measure exis ts that would reduce this impact to less -than-significant levels.
11.2 Packet Pg. 504
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Additionally, a majority of the Project’s NO X emissions are derived from vehicle usage.
Since the Project does not have regulatory authority to control tailpipe emissions, no feasible mitigation measures exist that would reduce NO X emissions to levels that are less than significant. Accordingly, the following impacts associated with Project operations would remain significant and unavoidable: a) the Project’s direct and cumulatively -considerable impact due to a violation of the applicable air quality standards for VOCs and NO X, and b) the Project’s emissions of VOCs and NO X that would contribute to the region’s non - attainment status under both state and federal designations for ozone.
Greenhouse Gases: As described in the subchapter on greenhouse gas (GHG), an individual project such as the proposed Project cannot generate enough GHG emissions to effect a discernible change in global climate. However, the proposed Project may contribute to global climate change by its incremental contribution of greenhouse gasses.
Implementation of the required Design Requirements (CRDRs), regulatory requirements, and Project -specific mitigation measures would reduce the Project’s Service Population Ratio to 8.32 Metric Tons of Carbon Dioxide Equivalent (MTCO 2e) per Service Population, which would exceed the threshold of 3.84 MTCO 2e per Service Population. No other feasible mitigation measures are available to reduce the Project’s impacts to less that significant. Thus, the Project’s cumulatively -considerable impacts due to GHG emissions are found to be significant and unavoidable.
Transportation/Traffic: The Project would result in a number of cumulatively -considerable impacts to transportation facilities that cannot be reduced to less than significant levels. It should be noted that aside from facilities under the jurisdiction of Caltrans, all of the Project’s significant and unavoidable impacts to traffic are due to the fact that it cannot be assured that facilities to be constructed from DIF fees, TUMF fees, and/or Project fair -share payments would be in place at the time of Project occupancy. No other feasible mitigation measures are available to reduce the Project’s impacts to less than significant. Thus, the Project’s impacts due to a conflict with an applicable plan, ordinance, or policy measuring of effectiveness for the performance of the circulation system at the facilities listed in Table S-1 Summary of Significant and Unavoidable Impacts to Transportation Facilities of the EIR, are found to remain significant and unavoidable.
DEIR Public Review:
The City distributed the DEIR for public r eview from January 9, 2020, and ending on February 24, 2020. The City received six (6) comment letters on this project from the following agencies or groups:
1. Arysa Gonzalez Romero, Historic Preservation Technician, Agua Caliente Band of Cahuilla Indians
2. Mitchel M. Tsai, Attorneys for Southwest Regional Council of Carpenters
3. Art Edelson, email
4. Loretta Domenigoni, Park Planner Valley-Wide Recreation and Park District
5. Marcella Allard, Executive Director Life Care Center of Menifee
6. Maven E. Norman, Executive Director Inland Empire Biking Alliance
The City prepared a FEIR that includes all of the comment letters and responses to the
11.2 Packet Pg. 505
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
comments. The FEIR was distributed to the DEIR commenters 10 days prior to the Planning Commission hearing consistent wit h CEQA requirements. The FEIR, and DEIR, including technical appendices can be accessed for review on the City website https://www.cityofmenifee.us/325/Environmental-Notices-Documents.
Statement of Overriding Considerations:
Because the EIR identified unavoidable significant adverse impacts that could not be mitigated, a Statement of Overriding Consideration (SOOC) is required in order to approve the project.
The SOOC is included within the resolution for the EIR for consideration by the City Council.
According to the SOOC the following social, economic, and environmental benefits of the project independent of the other benefits, outweigh the potential significant unavoidable adverse impacts and render acceptable each and every one of these unavoidable adverse environmental impacts:
1. Proposed Circulation/Mobility Improvements . The Project Applicant proposes to implement frontage improvements to Encanto Drive, Antelope Road, Chambers Avenue, and Rouse Road, and would be required to construct Sherman Road through the central portion of the Project site between the existing segments of Sherman Road located north and south of the Project site.
2. Reduced Vehicle Miles Travelled . The Project consists of a proposed mixed -use development that would provide for commercial uses in close proximity to proposed residential uses on site, and Project -serving recreational amenities on site. The Project also accommodates an extensive network of trails and facilities for pedestrians, bicycles, and Neighborhood Electric Vehicles (NEVs). Furthermore, the Project site is located near the McCall Boulevard on - and off -ramps at Interstate 215, providing convenient freeway access to residents. T hese Project design features would serve to reduce the number of Vehicle Miles Travelled (VMTs) that would be generated by development of the site, and would thereby assist the City in reducing greenhouse gas emissions.
3. Economic Development Benefits. Under existing conditions, the 331.0 -acre Project site consists of undeveloped vacant land. Thus, the property generates limited tax revenue to the City under existing conditions. With implementation of the Project, the western
20.1 acres of the Project s ite would be developed with up to 225,000 s.f. of commercial land uses. Development of the proposed commercial uses would generate approximately 358 recurring jobs within the City. Additionally, development of the property would increase the amount of ta x revenue generated by the site. Thus, approval of the Project would represent a substantial benefit to the residents of Menifee and surrounding areas.
4. Expanded Housing Opportunities . As stated in the Housing Element of the Menifee General Plan, Menifee’s Regional Housing Needs Allocation (RHNA) for the 2014 ‐ 2021 planning period has been determined to be 2,495 units for very low ‐ and low -income households and 3,750 units for moderate ‐ and above moderate -income households.
The Project would result in an i ncrease in the number of Moderate - and Above Moderate-Residential dwelling units within the City by 1,061 homes, which would assist
11.2 Packet Pg. 506
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
the City in meeting its state -mandated RHNA obligations to accommodate new housing units.
5. Recreational Amenities. The Proj ect is expected to generate approximately 3,357 new residents (based on the rates identified in City Council Resolution No. 15 -413 for population for parkland demand) within the City. Based on the City of Menifee requirement of 5.0 acres of parkland for e ach 1,000 residents, the Project would generate a demand for approximately 16.8 acres of parkland. However, the Project accommodates a total of 20.8 acres of recreational opportunities on site, which would exceed the City’s parkland requirements by 4.0 ac res. This parkland includes a 12.9 - acre community park with community fields. The Project also would accommodate a proposed community recreation center. The community fields and community center are identified as needed facilities in the Parks, Trails, Open Space, and Recreation Master Plan. Two neighborhood parks and a private recreation center with a pool are included in the Specific Plan and intended to provide recreational activities to all age groups. The overall park design, excess parkland and c ommunity recreation center accommodated by the Project would benefit the residents of Menifee as well as nearby communities.
6. Drainage Improvements. Under existing conditions, a majority of Encanto Drive is not improved with curbs and gutter and instead utilizes graded swales west of the road to convey storm water drainage. This existing condition is inadequate and creates seasonal flooding during large storm events along the segment of Encanto Drive that forms the western Project boundary. The Project includes improvements to address local area drainage issues, including flooding along Encanto Drive. The Project includes curb and gutter improvements to Encanto Drive, Sherman Road, Antelope Road, and Chambers along the Project’s frontage and/or within the Project’s boundaries to further mitigate flooding impacts.
7. Infill Development. The Project is infill development that furthers smart growth principles by avoiding sprawl, connecting the Project to existing infrastructure, and locating compatible uses (i.e., residential, commercial, and recreational uses) in close proximity to one another.
8. Aesthetics and Community Character Enhancement. The Project enhances the aesthetics and character of the surrounding community by incorporating enhanced landscaping, improving streetscapes, and incorporating monument signage and public art.
9. Open Space Conservation. The Project includes the preservation of approximately 6.3 acres in the northeastern portion of the site, which would preserve an existing hillside as permanently-conserved open space which protects environmentally sensitive resources and an area landmark.
10. Trail Network, Parks, Public Art, and Design. The Project creates a residential community which is designed to improve the quality of life of its re sidents and surrounding community through the incorporation of a trail network, sidewalks, paseos, bicycle lanes, parks, public art and design.
11.2 Packet Pg. 507
City of Menifee Staff Report
Legado Specific Plan
June 3, 2020
Community Outreach and Meetings
The applicant has provided a list of Community Outreach, meetings, and educati on that they have participated in since commencing with the Project. The list is included in the attachments to the staff report.
FISCAL IMPACT
The Specific Plan contains a section on “Implementation and Financing”. The developer or builder shall be re sponsible for financing construction of the infrastructure improvements required to support the development, such as perimeter and internal streets, water lines, sewers, and storm drains. The Financing Plan within the Specific Plan discusses possible funding sources including developer funding, Special Assessment District funding and Community Facilities Districts (CFD), Mello -Roos funding, grants and cost sharing agreements with other developers.
In order to ensure timely commencement and sufficient fun ding for maintenance of public facilities and common areas, the Specific Plan will annex into an existing maintenance organization, City -wide CFD, or create an active management organization such as a community-wide maintenance district or a neighborhood homeowners association (HOA).
The Development Agreement includes a provision for freezing the Development Impact Fees (DIF) for the project for generally, a period of 7 years. As stated above, the developer would pay 50% of DIF increases between years 7 -10 and would pay DIF fees in full after 10 years.
The DIF fee freeze begins at the Effective Date of the Development Agreement, so it also serves as an incentive to move forward with the project and home building sooner, which in turn would result in park construction earlier in project implementation since the park construction is tied to residential occupancies.
Although the DIF fee freeze could result in the City getting less DIF funds over the 10 year period, the public benefits of the project, such as the excess funding contributions towards parks, roads, signals and drainage improvements, exceeds the amounts the City would anticipate from any DIF fee increases.
The Development Agreement also establishes a maximum developer contribution for the cost of the parks, including the community center. If the park construction costs increase, the park facilities may need to be scaled back to be consistent with the maximum developer contributions, or if the City wants to keep amenities or add to the size of the community center (for example), the City would need to provide funding. City staff analyzed the maximum developer contributions towards parks, preliminary cost estimates and included a CPI (consumer price index) increase and believes that the contribu tions from the developer would be sufficient to construct the parks as shown in the conceptual plans. To clarify, that if park construction cost exceeds the developer contribution, the sizes or acreage of the parks would not be reduced, but amenities within the parks may be reduced.
ATTACHMENTS
11.2 Packet Pg. 508