2011-89 - Menifee Town Center Ordinance No. 2011 -89
WHEREAS, Stark Menifee Land, LLC submitted an application for approval of the Menifee
Town Center Specific Plan (Specific Plan) as set forth on Exhibit "1" of this Ordinance, subject to
the Conditions of Approval as set forth in Exhibit "2" of this Ordinance; and
WHEREAS, the Specific Plan refines the goal, policies, and implementation programs of
the City's General Plan to provide more detailed guidance and a framework for future
conservation and development of the Specific Plan area, as is more fully described in the
Specific Plan; and
WHEREAS, the Specific Plan has been prepared, processed, reviewed, heard, and
approved in accordance with applicable law, including but not limited to Section 65450 of the
Government Code; and
WHEREAS, the City Council has reviewed this matter and prepared a report
containing a detailed description and analysis of the proposed Specific Plan, (a copy of the report
is on file with the City Clerk and incorporated herein by this reference as if set forth in full);
and
WHEREAS, an Environmental Impact Report (SCH # 2009091022) relating to the
Menifee Town Center Specific Plan was prepared and was found to be complete and
adequate in scope and was considered by the City Council in its consideration of this
matter on January 18, 2011 by Resolution No. 11-195; and
WHEREAS, the City Clerk has caused notice to be duly given of a public hearing
in this matter in accordance with law, as evidenced by the affidavit of publication and
the affidavit of mailing on file with the City Clerk; and
WHEREAS, a copy of the report and said EIR have been on file in the Office of the
City Clerk and available for examination during regular business hours by any interested person,
at all times since the date of giving notice in this matter; and
WHEREAS, on December 14, 2010, the Planning Commission held a duly noticed
public hearing at which the Planning Commission considered the proposed Specific Plan; and
those persons desiring to be heard on said matters were heard and evidence in said matters
received; and
WHEREAS, at its December 14, 2010 public hearing, the Planning Commission
adopted Resolution No. PC10-062 recommending approval to the City Council of an
ordinance adopting the Specific Plan and rezoning the Specific Plan area; and
WHEREAS, on January 4, 2011 and January 18, 2011, the City Council held duly
noticed public hearings regarding the proposed Specific Plan and those persons desiring to be
City of Menifee Ordinance No.2011-89
Menifee Town Center Specific Plan
heard on said matters were heard and evidence in said matters received; and on each said
date the hearing was opened, held; and closed; and
WHEREAS, on January 18,2011, the City Council introduced Ordinance No. 2011-89
regarding the proposed Specific Plan and rezoning; and
WHEREAS, on April 5, 2011, the City Council re-opened and held a duly noticed
public hearing at which the City Council made certain revisions to the Specific Plan and re-
introduced Ordinance No. 2011-89, as revised, regarding the proposed Specific Plan and
rezoning; and those persons desiring to be heard on said matters were heard and evidence in
said matters received, and on said date the public hearing was opened, held and closed.
NOW, THEREFORE, The City Council hereby makes the following findings:
1. The Findings set out above are true and correct.
2. Specific Plan set forth on Exhibit "V, including the Conditions of Approval as
set forth in Exhibit "2", is found to be consistent with the goals and policies of the General
Plan, including the General Plan Amendment approved by the City Council on January 18,
2011 by Resolution No. 11-196.
3. The revisions to the Specific Plan made by the City Council are not
"substantial modifications" within the meaning of Section 65453(a) of the California
Government Code, and therefore, do not warrant referral back to the Planning Commission.
4. The applicable provisions of the California Environmental Quality Act (CEQA)
and the State CEQA Guidelines have been duly observed in conjunction with said hearing in
the consideration of this matter and all of the previous proceedings relating thereto.
5. The City Council approves the Specific Plan set forth in Exhibit "1" of this
Resolution, subject to the Conditions of Approval set forth in Exhibit "2" of this Resolution,
despite the existence of certain significant environmental effects identified in said EIR, and
hereby makes and adopts the findings with respect to each thereof set forth in Resolution No.
11-195 and made a part hereby by reference, pursuant to section 15091 of the State CEQA
Guidelines (Title 14, California Code of Regulations) and section 21081 of the Public
Resources Code (CEQA) and declares that it considered the evidence described in
connection with each such finding. Pursuant to Public Resources Code section 21081(b) and
section 15093 of the State CEQA Guidelines, the City Council finds that the Specific Plan, as
approved, is consistent with the project analyzed in the EIR and described in Resolution No.
11-195 and hereby adopts the "Statement of Overriding Considerations" set forth in Exhibit
"B"to Resolution No. 11-195 and made a part hereby by reference and finds that the impacts
of the project which remain significant and unavoidable are outweighed by the project's
overriding benefits.
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City of Menifee Ordinance No.2011-89
Menifee Town Center Specific Plan
6. The City Council approves the rezoning of the uses of land located within the
area subject to the Specific Plan to conform to the Specific Plan Land Use Figure 6 and shall be
governed by, and shall conform to, the Specific Plan.
7. The Community Development Director, or his or her delegee, is directed and
authorized to do all of the following:
a. prepare a final version of the Specific Plan that i fully reflects the action of the
City Council in adopting of the Specific Plan;
b. make all necessary and appropriate clerical, typographical, and formatting
corrections to the adopted Specific Plan, and to publish a final version of the Specific Plan;
c. amend the Zoning Maps within which the Specific Plan area is located to be
consistent with the Specific Plan Land Use Figure 6;
d. implement and carry out the Specific Plan and Conditions of Approval,
including: (1) the Mitigation Measures, which are referenced and described in Resolution No.
11-195 (Resolution Certifying the Final Environmental Impact Report, Making Findings Of Fact,
Adopting a Statement of Overriding Considerations and Adopting the Mitigation Monitoring and
Reporting Program for the Specific Plan, with Exhibits) and further described in the EIR for the
Specific Plan; and (2) the Mitigation Monitoring and Reporting Program; and
e. cause a Notice of Determination to be filed as provided by CEQA and the
CEQA Guidelines.
8. This Ordinance shall take effect and be in force thirty (30) days from and after its
adoption.
This Ordinance was re-introduced and read on the 5th day of April, 2011, and PASSED,
APPROVED AND ADOPTED this 19th day of April, 2011.
Wallace W. Edgerton, Mayor
ATTEST:
i
Kathy Bennett, City Clerk
Approved as to form:
l jr P l
Thomas P. Clark Jr. Spewal Counsel
Exhibit "1": Menifee Town Center Specific Plan
Exhibit "2": Conditions of Approval
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4NIF1FEE-
Wallace W.Edgerton
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
Fred Twyman CITY OF MENIFEE )
Vice Mayor
John V.Denver I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember foregoing Ordinance No. 2011-89 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 19th day of April, 2011 by the
Darcy Kuenzi following vote:
Councilmember
Thomas Fuhrman Ayes: Denver, Edgerton, Kuenzi, Mann, Twyman
Councilmember Noes: None
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 95i•679.3843
www.cityofmenifee.us