FINDINGS OF FACT
MCLEISH RANCH RESIDENTIAL DEVELOPMENT
SUBDIVISION FINDINGS (TTM 38203)
1. THE PROPOSED SUBDIVISION OF LAND HAS BEEN FOUND TO BE
CONSISTENT WITH THE DEVELOPMENT CODE, GENERAL PLAN, AND THE SAN JACINTO MUNICIPAL CODE.
The proposed Tentative Tract Map (TTM 38203) is consistent with the San Jacinto Municipal Code as it was reviewed in accordance with applicable Titles, including Title 16 & 17. The proposed project complies with the density requirements of the General Plan and the project includes a Planned Development Permit and is therefore consistent with the Residential, Low Density (RL) zone and the Development Code as discussed within the Staff Report. The project furthers the intent of the General Plan by facilitating residential development. Furthermore, the project implements the following General Plan goals and policies:
Land Use Goal 2: Manage and direct growth so that the community and its neighborhoods are protected and enhanced.
Specifically implementing policies 2.1, and 2.2.
The project proposes the subdivision of the property to allow for the future development of single-family residences to support the growth of the city. The subdivision will enhance the surrounding neighborhoods by providing a development that is consistent with nearby residential uses. Additionally, the future development would provide approximately 8.91-acres of open space as well as connections to a new Class I Multi-Use Path along Lyon Avenue.
Land Use Goal 3: A community that promotes high-quality development and compatibility with surrounding land uses and major transportation corridors.
Specifically implementing policy 3.1 & 3.2
The proposed project is a subdivision of land that will allow the future development of single-family homes. The homes will be compatible with the surrounding areas to the north and east. The proposed project will improve De Anza Road, Ranch View Lane, and Lyon Avenue in compliance with the Mobility Element. The property is not located in an area where potential land use conflicts could occur.
To ensure high quality development the applicant has submitted a Planned Development Permit that will ensure excellent design. Furthermore, the proposal implements LU-3 by promoting future residential development on both sides of the extension of De Anza Drive, a major transportation corridor.
2. 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, 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 project site is not subject to a contract pursuant to the California Land Conservation Act of 1965 as detailed in the analysis completed through the 15183- exemption document. In addition, the projects Title Report did not indicate that the project site was part of a Williamson Act Contract.
3. THE SITE IS PHYSICALLY SUITABLE FOR THE TYPE AND PROPOSED DENSITY OF DEVELOPMENT PROPOSED BY THE TENTATIVE MAP.
The Project proposes to subdivide two parcels into 424 single-family lots for residential use. This type of use is allowed by the Residential, Low Density (LDR) zone. In addition, the subdivision is consistent with the density range of the Low Density Residential (LDR) Land Use designation provided in the applicable land use designation and zone. Furthermore, the proposed subdivision will be an expansion of existing residential uses located north and east of the project site.
The project will be served by existing facilities such as sewer, water, natural gas, and electricity that are available within adjacent roadways. The site is in close proximity to Sky View Park, and Potter Park. Lastly, the project is located less than a mile away from Monte Vista Middle School, De Anza Elementary School, and Mountain View High School.
4. THE DESIGN OF THE SUBDIVISION AND THE PROPOSED IMPROVEMENTS, WITH CONDITIONS OF APPROVAL, ARE EITHER:
a. NOT LIKELY TO CAUSE SIGNIFICANT ENVIRONMENTAL DAMAGE
OR SUBSTANTIALLY AND AVOIDABLY INJURE FISH OR WILDLIFE
OR THEIR HABITAT; OR
A 15183 environmental exemption document was prepared to ensure consistency with the City’s General Plan Environmental Impact Report. It was determined that the project would have no peculiar impacts to biological resources.
b. 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.
The project’s impacts were not significant enough to require the preparation of an environmental impact report. As mentioned above, a 15183- exemption document that is consistent with the City’s General Plan Environmental Impact Report was prepared. Therefore, findings pursuant to Public Resources Code Section 21081(a)(3) are not necessary.
5. THE DESIGN OF THE SUBDIVISION OF LAND AND THE TYPE OF
IMPROVEMENTS ARE NOT LIKELY TO CAUSE SERIOUS PUBLIC HEALTH PROBLEMS.
The implementation of the proposed conditions will ensure that the Project will not be detrimental to the public interest, health, safety, convenience, or welfare of the City or the future residents of the development. The design of the subdivision was reviewed by the City Engineer and was determined to be in compliance with the City General Plan and Municipal Code standards. As previously mentioned, a 15183 exemption was prepared for this project that ensures consistency with the City’s General Plan Environmental Impact Report.
6. THAT DESIGN OF THE SUBDIVISION PROVIDES FOR FUTURE PASSIVE OR
NATURAL HEATING OR COOLING OPPORTUNITIES IN THE SUBDIVISION TO THE EXTENT FEASIBLE.
The design of the subdivision will provide for future passive cooling opportunities with the implementation of building setbacks, lot coverage requirements, landscaping requirements, including required street trees, and open space areas.
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.
Per the title report provided by the project applicant, the site consists of three easements for the Metropolitan Water District (MWD) and the Eastern Municipal Water District (EMWD) for sewer and water distribution pipelines. One of the easements will be utilized as a 1.36-acre linear park, the other will be converted to a lettered lot to be maintained by EWMD in the future. The last easement associated with the San Diego Aqueduct will remain as is. These easements are shown on the Tentative Tract Map and will not conflict with the development of the proposed Project.
8. THE SUBDIVISION IS CONSISTENT WITH THE CITY’S PARKLAND
DEDICATION REQUIREMENTS (PER THE QUIMBY ACT), AS APPLICABLE, IN ACCORDANCE WITH CHAPTER 16.75 (PARKLAND DEDICATION AND FEES).
The City’s Municipal Code requires a minimum of three useable acres for park space. The applicant has provided 8.91-acres of parkland, which will be incorporated into the project’s conditions of approval.
PLANNED DEVELOPMENT PERMIT FINDINGS:
1. THE PLANNED DEVELOPMENT PERMIT WILL:
a. BE ALLOWED WITHIN THE SUBJECT BASE ZONE;
The Project site is within the Residential, Low Density (RL) zone. The RL zone is applied to areas appropriate for a range of detached single-family residential dwellings on standard suburban parcels, together with appropriate accessory structures and uses. The RL zone may also allow mobile and modular homes, condominiums, townhomes, public facilities, and other uses that are compatible with low density single-family neighborhoods. This zone allows a density ranging from 2.1 to 7.0 dwelling units per gross acre. The RL zone is consistent with the Low Density Residential (LDR) land use designation of the General Plan.
Therefore, the Planned Development Permit is found to be allowed within the subject base zone.
b. BE CONSISTENT WITH THE PURPOSE, INTENT, GOALS, POLICIES,
ACTIONS, AND LAND USE DESIGNATIONS OF THE GENERAL PLAN AND ANY APPLICABLE SPECIFIC PLAN;
The Project site is designated as Low Density Residential (LDR) in the General Plan and is not located within a specific plan area. The intent of the LDR land use designation is to provide for the development of low density detached singlefamily dwellings at a density between 2 and 7 dwelling units per gross acre. As noted above, the RL zone also allows for residential development. In addition, the Project is able to achieve the purpose and intent of the General Plan through the use of the proposed Planned Development Permit development standards. The project proposes 424 lots with lots sizes ranging from 3,200 square feet to 19,919 square feet with an average lot size of 5,000 square feet to achieve a density of
4.42 dwelling units per acre.
The project is designed to align closely with the City's General Plan objectives and intent, particularly in accommodating a balanced housing density that reduces sprawl and preserves open space, while falling within the permitted range of 2 and 7 dwelling units per acre. The project integrates extensive outdoor amenities including community parks, a liner park, playground equipment, barbecue facilities, a soccer pitch, and pickleball courts, which are integral to creating attractive gathering places as outlined in LU-1.6. These amenities also support LU-5.4's goal of creating well-designed, multi-use public spaces that cater to diverse community needs. Furthermore, the design adheres to RM-4.5 by promoting pedestrian-friendly design features through the inclusion of a Class I Multi-Use Path on Lyon Avenue, reducing reliance on automobiles and reducing vehicle emissions.
c. BE GENERALLY IN COMPLIANCE WITH ALL OF THE APPLICABLE PROVISIONS OF THIS DEVELOPMENT CODE RELATING TO BOTH ONSITE AND OFF-SITE IMPROVEMENTS THAT ARE NECESSARY TO
ACCOMMODATE FLEXIBILITY IN SITE PLANNING AND PROPERTY
DEVELOPMENT AND TO CARRY OUT THE PURPOSE, INTENT, AND
REQUIREMENTS OF THIS CHAPTER AND THE SUBJECT BASE ZONE,
INCLUDING PRESCRIBED DEVELOPMENT STANDARDS AND
APPLICABLE DESIGN GUIDELINES, EXCEPT FOR THOSE PROVISIONS MODIFIED IN COMPLIANCE WITH THIS CHAPTER;
The Project is compliant with the Provisions of the Development Code relating to on-site and off-site improvements. The Project’s off-site improvements will include a Class 1 Multi-Use Path along Lyon Avenue as required per the Trails Master Plan. Additionally, the Project will be conditioned to dedicate and provide improvement along Lyon Avenue, Ranch View Lane and De Anza Road. On-site improvements will include 8.91-acres of open space amenities. The proposed modified development standards for the Project will accommodate flexibility in site planning and property development, while still upholding the intentions and goals of the Development Code by creating a cohesive neighborhood community.
Therefore, the Project is found to be compliant with all the applicable provisions of the development code relating to both on-site and off-site improvements. d. ENSURE COMPATIBILITY OF PROPERTY USES WITHIN THE ZONE AND GENERAL NEIGHBORHOOD OF THE PROPOSED DEVELOPMENT.
The Project will include single-family residential uses and complementary recreational and open space areas. The combination of uses is generally considered compatible and will create a cohesive residential neighborhood. The development of the Class I Multi-Use Path will continue with the intent of creating an integrated trails network throughout the city and will serve as an amenity for residents nearby and within the development. The Project site is bound by residential and open space uses.
2. THE PROPOSED PROJECT WILL PRODUCE A COMPREHENSIVE
DEVELOPMENT OF SUPERIOR QUALITY AND EXCELLENCE OF DESIGN (E.G.,
APPROPRIATE VARIETY OF STRUCTURE PLACEMENT AND ORIENTATION
OPPORTUNITIES, APPROPRIATE MIX OF STRUCTURE SIZES, HIGH QUALITY
ARCHITECTURAL DESIGN, SIGNIFICANTLY INCREASED AMOUNTS OF
LANDSCAPING AND IMPROVED OPEN SPACE, IMPROVED SOLUTIONS TO THE
DESIGN AND PLACEMENT OF PARKING AND LOADING FACILITIES, INCORPORATION OF A PROGRAM OF HIGHLY ENHANCED AMENITIES [E.G., ADDITIONAL PUBLIC ART], LEED OR OTHER “GREEN” RELATED STANDARDS, ETC.) THAN MIGHT OTHERWISE OCCUR FROM MORE TYPICAL DEVELOPMENT APPLICATIONS;
The proposed Project includes 8.91-acres of common areas and recreational amenities that will include one expansive active park and amenities that will feature soccer pitch, baseball field, full court basketball, pickle ball, and multiple tot lots. The remainder will include an infiltration basin, a pump station, and a basin maintenance area. The Project additionally proposes constructing a Class I Multi-Use Path along Lyon Avenue, and a linear park that traverses the project site.
The architectural styles proposed will reflect styles that have been historically used in the region. The Project, with its architectural styles, supporting landscape palette, open spaces, and monumentation, offers a development with excellence of design. The proposed Project incorporates superior quality and design by offering three different product types which each includes (3) different architectural styles for the 424 dwellings, including Spanish Colonial, Craftsman, and Contemporary Prairie Each product type includes at least three different floor plans. The design of the residential lots and variation in architecture creates a diverse community and avoids a monotonous appearance. The proposed Project offers a comprehensive development which, through its amenities, design, and recreation areas, will be of superior quality and excellence of design than might otherwise occur from more typical development applications.
3. PROPER STANDARDS AND CONDITIONS HAVE BEEN IMPOSED TO ENSURE THE PROTECTION OF THE PUBLIC HEALTH, SAFETY, AND WELFARE; The Project Site is vacant but has historically been used for agricultural purposes. Due to this fact, the environmental analysis of the Project Site included a Phase I Environmental Safety Assessment (Phase I ESA) to analyze any hazards that could result from development of the site. The Phase I ESA found that due to the historical use of this property for agricultural purposes dating back from at least 1966, Given the possibility that there could be persistent pesticides and/or other agricultural chemicals present in the soil, soil sampling across the site were taken and no elevated concentrations of pesticides or arsenic were detected. Although no elevated concentrations of pesticides or arsenic were detected, it is possible the potential former usage of pesticides has environmentally impacted the subject property or would require remedial actions. Through the adoption of Conditions of Approval for the Project, any hazards that could create a significant hazard to the public or the environment through the conversion of agricultural land to residential uses will be significantly reduced to create a safe, healthy environment. Additionally, plans for the proposed residential development will be required to be submitted and approved through the Site Plan and Design Review process
Additionally, Fire, and Building Codes will ensure that the development of the project will meet safety standards. Therefore, it is found that with the incorporation of the abovementioned Mitigation Measures, Conditions of Approval, and the requirements of the Development, Fire, and Building Codes the protection of the public health, safety and welfare is assured.
4. PROPER ON-SITE TRAFFIC CIRCULATION (E.G., PEDESTRIAN AND VEHICULAR)
AND CONTROL IS DESIGNED INTO THE DEVELOPMENT TO ENSURE
PROTECTION FOR FIRE SUPPRESSION AND POLICE SURVEILLANCE EQUAL
TO OR BETTER THAN WHAT WOULD NORMALLY BE CREATED BY
COMPLIANCE WITH THE MINIMUM SETBACK AND PARCEL WIDTH STANDARDS IDENTIFIED IN ARTICLE 2 (ZONES, ALLOWABLE LAND USES, AND ZONE SPECIFIC STANDARDS);
The proposed Planned Development Permit has been designed to accommodate traffic design criteria as mandated by the City Development Code, as well as the requirements of the City Engineer, Fire Chief, and Police Chief. The project has also accounted for proper on-site traffic circulation by incorporating proper turning radii for trucks at multiple points along each proposed street. Therefore, the project has proper on-site traffic circulation for both pedestrian and vehicular traffic control that has been designed into the development to ensure protection and safety for all residents.
5. THE SUBJECT PARCEL IS ADEQUATE IN TERMS OF SIZE, SHAPE,
TOPOGRAPHY, AND CIRCUMSTANCES TO ACCOMMODATE THE PROPOSED DEVELOPMENT;
The proposed Project Site is generally flat and is shaped to accommodate a proper lot layout. Section 17.620.020 of the Development Code states that the minimum lot size for a Planned Development Permit is 2 acres. The proposed Project site greatly exceeds this requirement and is 96 acres. The proposed Project will provide an efficient use of land that will meet the purpose and intent of the Low Density Residential (LDR) General Plan land use designation by modifying the development standards to accommodate a
4.42 dwelling unit per acre development as required by the 2022 General Plan.
Therefore, the subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development.
6. ADEQUATE PUBLIC SERVICES AND FACILITIES EXIST, OR WILL BE PROVIDED,
IN COMPLIANCE WITH THE CONDITIONS OF APPROVAL, TO SERVE THE
PROPOSED DEVELOPMENT AND THE APPROVAL OF THE PROPOSED
DEVELOPMENT WILL NOT RESULT IN A REDUCTION OF PUBLIC SERVICES TO
PROPERTIES IN THE VICINITY TO BE A DETRIMENT TO PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE;
Adequate private utility services such as electricity, gas, cable, and phone service already exist in the area and application fees will be paid to each purveyor for service.
The City’s will serve letter states that “after review of the submitted Sewer Will Serve application it has been determined that, the city can and will accept the estimated sewer flow specified on the application.
7. THE PROPOSED DEVELOPMENT, AS CONDITIONED, WILL NOT HAVE A
SUBSTANTIAL ADVERSE EFFECT ON SURROUNDING PROPERTY OR THEIR ALLOWED USE;
The proposed project will not have any adverse impact to the surrounding area whether it remains agricultural, develops residential, or becomes commercial in accordance with the General Plan. The project was conditioned to prevent nuisances to surrounding property owners to prevent excessive noise, light, and traffic. Based on the above, Standard Conditions of Approval, and the Uniform Fire and Building Codes there will not be adverse impacts from the proposed development.
8. IF THE DEVELOPMENT PROPOSES TO MIX RESIDENTIAL AND COMMERCIAL
USES WHETHER DONE IN A VERTICAL OR HORIZONTAL MANNER, THE
RESIDENTIAL USE IS DESIGNED IN A MANNER THAT IT IS APPROPRIATELY
BUFFERED FROM THE COMMERCIAL USE AND IS PROVIDED SUFFICIENTLY
ENHANCED AMENITIES TO CREATE A COMFORTABLE AND HEALTHY
RESIDENTIAL ENVIRONMENT AND TO PROVIDE A POSITIVE QUALITY OF LIFE FOR THE RESIDENTS. THE ENHANCED AMENITIES MAY INCLUDE ADDITIONAL
LANDSCAPING, ADDITIONAL PRIVATE OPEN SPACE, PRIVATE OR SEPARATED ENTRANCES, ETC;
The Project does not propose a mix of residential and commercial uses- it is a planned residential development.
9. THE DESIGN, LOCATION, OPERATING CHARACTERISTICS, AND SIZE OF THE
PROPOSED DEVELOPMENT WILL BE COMPATIBLE WITH THE EXISTING AND
FUTURE LAND USES IN THE VICINITY, IN TERMS OF AESTHETIC VALUES, CHARACTER, SCALE, AND VIEW PROTECTION; AND
This project is in an appropriate location and is designed to be compatible with existing and future uses through the Planned Development Permit and incorporated conditions of approval. The project will also provide the appropriate buffers such as exterior walls and perimeter landscaping to ensure that it will be compatible with any future land use whether it remains agricultural, remains vacant, or develops with residential uses, in accordance with the General Plan.
10.THE APPLICANT AGREES IN WRITING TO COMPLY WITH ANY AND ALL OF THE
CONDITIONS IMPOSED BY THE REVIEW AUTHORITY IN THE APPROVAL OF THE PLANNED DEVELOPMENT PERMIT.
The Applicant has agreed with all of the conditions imposed by the review authority prior to the issuance of any permits or recordation of any documents.