RESOLUTION NO. 25-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DENYING APPEAL NO. PLN25-0193, DETERMINING THE PROJECT
IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PER SECTIONS 15182 (“PROJECTS PURSUANT TO A
SPECIFIC PLAN”) AND 15183 (“PROJECTS CONSISTENT WITH A
COMMUNITY PLAN OR ZONING”), AND APPROVING TENTATIVE
TRACT MAP (TTM) NO. 39115 (PLN24-0230) AND PLOT PLAN NO.
PLN24-0254
WHEREAS, on November 25, 2024, the applicant, Brian Taylor (Taylor and Clark), representing Melia Homes (Applicant), filed a formal Senate Bill (SB) 330 application with the City of Menifee for the approval of Tentative Tract Map (TTM) No. 39115 (PLN24-0230) and Plot Plan (PP) No. PLN24-0230 for a 192 single-family residential lot subdivision on an approximately 27.35-acre project site (APN 329-110- 024, -028, -041, -042, and -043); and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the City of Menifee determined that no further environmental analysis was required pursuant to Section 15182 and 15183 of the CEQA Guidelines; and WHEREAS, on October 22, 2025, at a legally noticed public hearing, the Planning Commission voted 5-0 to approve TTM No. 39115 (PLN24-0230) and PP No.
PLN24-0254; and
WHEREAS, on November 3, 2025, an application to appeal Planning Commission approval of TTM No. 39115 (PLN24-0230) and PP No. PLN24-0254 was submitted by the Appellant, Supporters Alliance for Environmental Responsibility (SAFER); and
WHEREAS, on December 3, 2025, the City Council of the City of Menifee held a public hearing on the appeal of the Planning Commission’s approval of TTM No. 39115 (PLN24-0230), PP No. PLN24-0254 and Resolution No. PC25-675, considered all public testimony as well as all materials in the staff report and accompanying documents for the appeal, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notice to property owners within 300 feet of the project boundaries, on-site posting at the project site, and to persons requesting public notice.
NOW THEREFORE, the City Council of the City of Menifee hereby approves the following:
Section 1:The City of Menifee’s City Council hereby makes the following findings for TTM No. 39115 (PLN24-0230) 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 consistent with the General Plan, any applicable specific plan, and the Menifee Municipal Code (MMC).
Appeal of TTM No. 39115 “Menifee 27”
December 3, 2025
The Project site has a General Plan Land Use and Zoning designation of Specific Plan (SP); and more specifically, the project is located within Planning Areas (PA) 7A and 7B of the Menifee North Specific Plan (SP No. 260). According to the SP, the combination of the two planning areas has a target residential density of 172 total dwelling units or 6.32 dwelling units per acre (Medium or Medium- High Density).
Pursuant to MMC Section 9.180 and California Government Code Section 65915, the Project seeks to utilize California’s State Density Bonus Law (DBL) by including affordable housing units. As part of the proposed Project’s commitment to affordable housing, nine units (5% of the base density) would be reserved for very low-income households, qualifying the proposed Project for benefits under DBL. These benefits could include a 20% density bonus, development standard waivers or reductions, one concession/incentive, and the use of State Density Bonus parking ratios as permitted under the City of Menifee Development Code Chapter 9.180.
The Project proposes to subdivide the 27.35-acre (27.14 net acres) site into 192 single-family residential lots, resulting in an overall proposed density of 7.07 dwelling units per acre, utilizing a 12% density bonus.
MMC Section 9.180 and California Government Code Section 65915 allow for projects that are utilizing density bonus to also request unlimited waivers of development standards if those development standards have the effect of physically precluding the construction of a housing development that provides for 5% of the residential units as very low-income affordable units. The Project proposes 5% or nine of the residential units (of the base density of 172 units) as very low-income affordable and therefore can request development standard waivers.
The Project is consistent with the following City of Menifee General Plan policies:
LU-1.2 Provide a spectrum of housing types and price ranges that match the jobs in the city and make it possible for people to live and work in Menifee and maintain a high quality of life.
The subdivision proposes two housing product types within the two distinct communities. To help reduce the housing costs, the Project includes nine very-low-income units.
Policy HE 1.2 Support residential growth and infill in specific plan areas and along corridors where comprehensive neighborhood planning is completed, and adequate infrastructure is planned.
The Project includes infill development within a Specific Plan area.
The Project will be responsible for extending existing utility infrastructure to the Project site.
Appeal of TTM No. 39115 “Menifee 27”
December 3, 2025
Policy HE 1.4 Provide development standards and incentives to facilitate a range of housing, such as single-family dwellings, apartments, senior housing, and other housing types in rural, suburban and urban settings.
The Project is a smaller lot subdivision, providing a unique lot size to the area. The Project includes nine affordable housing units at the very-low- income level.
Policy C-1.1 Require roadways to: Comply with federal, state and local design and safety standards.
The TTM proposes improvements for roadways, including Palomar Road, which are consistent with the City’s General Plan and the City’s Public Works and Engineering Department Standard Details. Additionally, the internal tract streets will be privately maintained.
Policy CD-1.3 Strengthen the identity of individual
neighborhoods/communities with entry monuments, flags, street signs, and/or special tree streets, landscaping, and lighting.
The Project will include enhancements at the entry off Palomar Road including decorative pavers, landscaped median, entry identification sign along with dedicated amenities for the residents of the tract including a recreation center, linear paseo and tot lot. The conceptual landscape plan includes the entire tract to provide a consistent and unique landscape plan for the entire community.
Finding 2 - The site is physically suitable for the type of development and the proposed land use of the development.
The site is bound by residential development to the north and west, vacant land to the east and commercial uses to the south. The site is relatively flat and is suitable for residential tract development, while also being compatible with surrounding land uses. Additionally, the site has been designed to be physically suitable to accommodate the development with the proposed number of lots as well as all other proposed improvements. Therefore, the site is considered physically suitable for the type of development and the proposed land use of the site.
The Project has been reviewed by the land development departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Community Development, Engineering and Public Works, and the Office of the Fire Marshal. These Departments have also provided conditions of approval as appropriate to ensure compliance with applicable regulations.
Finding 3 - The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat:
Appeal of TTM No. 39115 “Menifee 27”
December 3, 2025
The City of Menifee has two active conservation plans within the City’s boundary, the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), and the Stephen’s Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The Project site is located inside the SKR-HCP (Dipodomys stephensi) Fee Area. The proposed Project is located within the boundaries of the Western Riverside County MSHCP; however, the Project is not located within a Criteria Cell or Cell Group. The biology report prepared for this Project notes the Project’s consistency with the findings of the MSHCP. The Project will be subject to the payment of fees consistent with MMC Chapter 17.03 as adopted by the City of Menifee. Therefore, the Project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or state conservation plan and the impact is considered less than significant.
A memorandum and technical studies were prepared pursuant to Section 15183 (“Projects Consistent with a Community Plan or Zoning”) which concludes that further environmental analysis is not necessary as the Project is consistent with the General Plan and Zoning Code and was previously analyzed in the General Plan Environmental Impact Report (EIR), therefore the City of Menifee has determined that no further environmental analysis is required and the Project is not likely to cause significant environmental impacts and will avoid injuries to fish or wildlife and their habitat.
Finding 4 - The design of the subdivision and the type of improvements are not likely to cause serious public health problems.
The public health, safety and general welfare are protected through Project design, conditions of approval. The site is bounded by residential developments to the north and west, vacant land to the east and commercial uses to the south.
The Project has been reviewed and conditioned by the City of Menifee Community Development, Engineering, and Police Departments, and the Office of the Fire Marshal to ensure that it will not create conditions materially detrimental to the surrounding uses, nor will be detrimental to the public health, safety and general welfare or incompatible with other properties or land uses in the Project vicinity.
Finding 5 - 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. Therefore, no conflicts with easements will occur with the design of the subdivision. A substantial Appeal of TTM No. 39115 “Menifee 27”
December 3, 2025
drainage easement along the western project boundary was carefully considered when designing the Project.
Section 2: The City of Menifee’s City Council hereby makes the following findings for PP No. PLN24-0254 in accordance with Title 9, Article 2, Chapter
9.80.070 “Findings for Approval” of the MMC:
Finding 1 - The proposed project is consistent with the adopted General Plan and any applicable specific plan.
The Project site has a General Plan Land Use and Zoning designation of Specific Plan (SP); and more specifically, the project is located within PA 7A and 7B of SP No. 260. According to the SP, the combination of the two planning areas has a target residential density of 172 total dwelling units or 6.32 dwelling units per acre (Medium or Medium-High Density).
Pursuant to MMC Section 9.180 and California Government Code Section 65915, the Project seeks to utilize California’s State DBL by including affordable housing units. As part of the proposed Project’s commitment to affordable housing, nine units (5% of the base density) would be reserved for very low-income households, qualifying the proposed Project for benefits under DBL. These benefits could include a 20% density bonus, development standard waivers or reductions, one concession/incentive, and the use of State Density Bonus parking ratios as permitted under the City of Menifee Development Code Chapter 9.180.
The Project applicant proposes to subdivide the 27.35-acre site into 192 single-family residential lots, resulting in an overall proposed density of
7.02 dwelling units per acre, utilizing 12% density bonus.
The proposed Project is consistent with the General Plan, Specific Plan and California Government Code Section 65915 and the California State Density Bonus Law.
Finding 2 - The proposed project meets all applicable standards for development and provisions of this Title.
The Project site has a General Plan Land Use and Zoning designation of Specific Plan (SP). The Project is seeking waivers of certain development standards in the SP, as detailed in the staff report. The waiver requests are allowed per the MMC (Chapter 9.180) and California Government Code Section 65915 - the California State DBL. The Project is consistent with local and state law.
Finding 3 - The establishment, maintenance or operation of the proposed project will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City.
The public health, safety and general welfare are protected through Appeal of TTM No. 39115 “Menifee 27”
December 3, 2025
Project design, the environmental analysis and conditions of approval.
The site is bounded by residential developments to the north and west, vacant land to the east and commercial uses to the south. The Project has been designed to be compatible with the surrounding land uses.
The Project has been reviewed and conditioned by the City of Menifee Community Development, Engineering, and Police Departments, and the Office of the Fire Marshal to ensure that it will not create conditions materially detrimental to the surrounding uses, nor will be detrimental to the public health, safety and general welfare or incompatible with other properties or land uses in the Project vicinity.
BE IT FURTHER RESOLVED, The City Council of the City of Menifee makes the following findings:
1. That the City Council determine the “Findings” set out above are true and correct.
2.That the Project is in compliance with the Menifee North Specific Plan, City of Menifee General Plan and its adopted EIR and no further environmental analysis is required as the Project is exempt from CEQA pursuant to Sections 15182 and 15183 of the CEQA Guidelines.
3. That the facts presented within the public record and within this resolution provide a basis to deny the appeal and approve TTM No. 39115 (PLN24- 0230) and PP No. PLN24-0230 subject to the Conditions of Approval set forth in Exhibit “A” to this Resolution.
4. 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 3rd day of December 2025. _________________________
Bob Karwin, Mayor Pro Tem
Attest:
_________________________________
Stephanie Roseen, City Clerk
Approved as to form:
_________________________________
Jeffrey Melching, City Attorney