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2014-139 AMR_CZ2012-094 ORDINANCE NO. 2014-139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 2012-094, AMENDING CITY OF MENIFEE ZONING ORDINANCE FOR THE AUDIE MURPHY RANCH SPECIFIC PLAN The City Council of the City of Menifee does Ordain as follows: Section 1: Environmental Determination. The City Council, in light of the whole record before it including but not limited to the staff report dated May 21, 2014, the Addendum to Certified Environmental Impact Report No. 436, and the CEQA Guidelines and determines as follows: A. Environmental Impact Report (EIR) No. 436 prepared for the Audie Murphy Ranch Specific Plan was certified by the Riverside County Board of Supervisors. B. An Addendum has been prepared for the proposed Amendment to the Specific Plan and Change of Zone, which did not identify any potentially significant impacts or increased impacts that were not already addressed in EIR No. 436. C. That the decision regarding the environmental analysis and discussion above reflects the independent judgment and analysis of the City. D. At the March 5, 2014 City Council hearing, the City Council adopted an Addendum to Certified EIR No. 436. Section 2. Required Change of Zone Findings. In accordance with the provisions of the City of Menifee Zoning Ordinance, the City Council hereby makes the following finding(s) for Change of Zone No. 2012-094. A. The proposed change of zone is in conformance with the adopted General Plan for the City. The General Plan land use of the site is Specific Plan (Audie Murphy Ranch Specific Plan). The project is within the Audie Murphy Specific Plan. The proposed Change of Zone meets the requirements of the Specific Plan land use designation as currently amended. The proposed change of zone to amend the zoning within the Audie Murphy Ranch Specific Plan is amended as attached in Exhibit "1" to this Ordinance. li Section 3. Amendment to the Official Zoning Map The City Council hereby approves Change of Zone No. 2012-094 amending the official zoning map of the City of Menifee by changing the zoning map and text within the Audie Murphy Ranch Specific Plan as shown in attached Exhibit "1" to this Ordinance. Section 4. Effective Date of Ordinance. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption. 1 Section 5. Severability If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 6. City Clerk Action The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c). PASSED APPROVED AND ADOPTED this 4'" day of June, 2014, by the following vote: AYES: NOES: ABSENT: %,V O A� ABSTAIN: JnD kJ— Scott A. Mann, Mayor APPROVED AS TO FORM: J ie Biggs, City Atton CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached Ordinance No. 2014-139 to be the original ordinance adopted by the City Council of the City of Menifee on June 4, 2014 and that said ordinance was published in accordance with the law. Date: / Kathy Bennett, City Clerk 2 Nl Scott A.Mann Mayor Wallace W.Edgerton STATE OF CALIFORNIA ) Deputy Mayor COUNTY OF RIVERSIDE ) ss John V.Denver CITY OF MENIFEE ) Councilmember I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the Thomas Fuhrman foregoing Ordinance No. 2014-139 was duly adopted by the City Council of the Councilmember City of Menifee at a meeting thereof held on the 41h day of June 2014 by the Greg August following vote: Councilmember Ayes: August, Denver, Edgerton, Fuhrman, Mann Noes: None Absent: None Abstain: None Kathy Bennett, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.6793843 w .cityofinenifee.us EXHIBIT "'I" Article XVII, Section 17.82 of the City of Menifee Zoning Ordinance is amended to read as follows: Section 17.82 SP ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 209. a. Planning Areas 2, 3 4 5 18 19 21 25 27 28 32 and 33 1. The following uses shall be permitted in these Planning Areas: (1) One-family dwellings. (2) Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products. (3) Home occupations (4) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge. (5) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100)square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet. (6) Public Schools � (7) Water quality basins and related drainage facilities 2. The following uses are permitted provided a plot plan has been approved pursuant to the I'I provisions of Section 18.30 of this ordinance: (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in I any event. (3) Child Day Care Center. (4) Parks (5) Private Schools, and Charter Schools 3. The following uses are permitted provided a public use permit has been approved pursuant to the provisions of Section 18.29 of this ordinance: (1) Churches, temples and other places of religious worship. 4. The following standards of development shall apply: (1) Building height shall not exceed three stories, with a maximum height of 40 feet. (2) Lot area shall be not less than 7,200 square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. Each lot shall have a minimum usable pad area of not less than six thousand two hundred (6,200) square feet. (3) The minimum average width of that portion of a lot to be used as a building site shall be 60 feet with a minimum average depth of 100 feet. (4) The minimum frontage of a lot shall be 60 feet, except that lots fronting on knuckles or cul-de-sac may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. (5) Minimum yard requirements are as follows: (a) With exception of side loaded garages and porches, the front yard shall be not less than 20 feet, measured from the existing street line or from any future street I line as shown on any specific plan of highways, whichever is nearer the proposed structure. The front yard for side loaded garages and porches shall be not less than fifteen feet (15'). (b) Side yards on interior and through lots shall be not less than ten percent of the width of the lot, but not less than three feet in width in any event, and need not I exceed a width of five feet; except that interior side yards may be reduced to 2 accommodate zero lot line situations, except that, in no case, shall the reduction in side yard areas reduce the separation between structures to less than ten feet (10'). Side yards on corner and reversed corner lots shall be not less than ten feet from the existing street right-of-way line or from any future street right-of-way line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide the yard need not exceed 20 percent of the width of the lot. (c) The minimum depth of back yards shall be ten feet (10'). (d) Chimneys and fireplaces shall be allowed to encroach into side areas a maximum of two feet (2'). No other structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.33 of Riverside County Ordinance No. 348, as adopted by the City of Menifee. (6) In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures that are single-story and no more than forty-five percent (45%) of any lot covered I by buildings or structures that are two-story. b. Planning Areas 1 B, 6, 10, 14, 16, 23, 34, and 35 1. The following uses shall be permitted in these Planning Areas: I (1) One-family dwellings. (2) Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products. (3) Home occupations (4) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge. 3 (5) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet. (6) Public Schools (7) Water quality basins and related drainage facilities 2. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance: (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event. (3) Child Day Care Center. (4) Parks (5) Private Schools and Charter Schools 3. The following uses are permitted provided a public use permit has been approved pursuant to the provisions of Section 18.29 of this ordinance: (1) Churches, temples and other places of religious worship. 4. The following standards of development shall apply: (1) Building height shall not exceed three stories, with a maximum height of 40 feet. (2) Lot area shall be not less than 6,000 square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. Each lot shall have a minimum usable pad area of not less than 5,460 square feet. (3) The minimum average width of that portion of a lot to be used as a building site shall be 50 feet with a minimum average depth of 90 feet. 4 (4) The minimum frontage of a lot shall be 50 feet, except that lots fronting on knuckles or cul-de-sac may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. (5) Minimum yard requirements are as follows: (a) The front yard shall be not less than 15 feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The front yard for side loaded garages shall not be less than ten feet (10'). (b) Side yards on interior and through lots shall be not less than five feet, except that interior side yards may be reduced to accommodate zero lot line situations, except that, in no case, shall the reduction in side yard areas reduce the separation between structures to less than ten feet (10'). Attached garages may be located on the residential lot line, provided that there is no less than a ten-foot (10') building separation between the garage and any adjacent primary structure. Building separation shall mean the distance between the structural portions of adjoining primary dwellings as measured from that point where the structures are nearest; provided that a yard encroachment shall not be considered a structural portion for the determination of building separation. Side yards on corner and reversed corner lots shall be not less than ten feet from the existing street right-of-way line or from any future street right-of-way line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, I except that where the lot is less than 50 feet wide the yard need not exceed 20 I percent of the width of the lot. (c) The minimum depth of back yards shall be ten feet (10'). (d) Chimneys and fireplaces shall be allowed to encroach into side areas a maximum of two feet (2'). No other structural encroachments shall be permitted in 5 the front, side, or rear yard except as provided for in Section 18.33 of Riverside County Ordinance No. 348, as adopted by the City of Menifee. (6) In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures that are single-story and no more than forty-five percent (45%) of any lot covered by buildings or structures that are two-story. c. Planning Areas 7, 24, 44A and 44B 1. The following uses shall be permitted in these Planning Areas: (1) One-family dwellings. (2) Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products. (3) Home occupations (4) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge. (5) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100)square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet. (6) Public Schools (7) Water quality basins and related drainage facilities (8) Sewer Lift Stations 2. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance: (1) Beauty shops operated from a home by its inhabitants where no assistants are 6 employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event. (3) Child Day Care Center. (4) Parks (5) Private Schools, and Charter Schools 3. The following uses are permitted provided a public use permit has been approved pursuant to the provisions of Section 18.29 of this ordinance: (1) Churches, temples and other places of religious worship. 4. The following standards of development shall apply: (1) Building height shall not exceed three stories, with a maximum height of 40 feet. (2) Lot area shall be not less than 6,000 square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. Each lot shall have a minimum usable pad area of not less than 5,460 square feet. (3) The minimum average width of that portion of a lot to be used as a building site shall be 50 feet with a minimum average depth of 90 feet. (4) The minimum frontage of a lot shall be fifty feet (50') feet, except that lots fronting on knuckles or cul-de-sac may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. (5) Minimum yard requirements are as follows: (a) The front yard shall be not less than 15 feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The front yard for side loaded garages shall not be less than ten feet (10'). 7 (b) Side yards on interior and through lots shall be not less than five feet (5'), except that interior side yards may be reduced to accommodate zero lot line situations, except that, in no case, shall the reduction in side yard areas reduce the separation between structures to less than ten feet (10'). Attached garages may be located on the residential lot line, provided that there is no less than a ten-foot (10') building separation between the garage and any adjacent primary structure. Building separation shall mean the distance between the structural portions of adjoining primary dwellings as measured from that point where the structures are nearest; provided that a yard encroachment shall not be considered a structural portion for the determination of building separation. Side yards on corner and reversed corner lots shall be not less than ten feet (10') from the existing street right-of-way line or from any future street right-of-way line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide the yard need not exceed 20 percent of the width of the lot. (c) The minimum rear yard shall not be less than ten feet (10'). (d) Chimneys and fireplaces shall be allowed to encroach into side areas a maximum of two feet (2'). No other structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.33 of Riverside County Ordinance No. 348, as adopted by the City of Menifee. (6) In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures that are single-story and no more than forty-five percent (45%) of any lot covered by buildings or structures that are two-story. d. Planning Areas 1A, 8, 11B, 15, 15A, 20, 36, and 37 1. The following uses shall be permitted in these Planning Areas: (1) One-family dwellings. (2) Field crops, flower and vegetable gardening, tree crops, and greenhouses used only 8 for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products. (3) Home occupations (4) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge. (5) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet. (6) Public Schools (7) Water quality basins and related drainage facilities 2. The following uses are permitted provided a plot plan has been approved pursuant to the i provisions of Section 18.30 of this ordinance: (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for j and during the original sale of the subdivision, but not to exceed a period of two years in any event. (3) Child Day Care Center. (4) Parks (5) Private Schools and Charter Schools 3. The following uses are permitted provided a public use permit has been approved pursuant to the provisions of Section 18.29 of this ordinance: (1) Churches, temples and other places of religious worship. 9 4. The following standards of development shall apply: (1) Building height shall not exceed three stories, with a maximum height of 40 feet. (2) Lot area shall be not less than 5,000 square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. Each lot shall have a minimum usable pad area of not less than 4,200 square feet. (3) The minimum average width of that portion of a lot to be used as a building site shall be 50 feet with a minimum average depth of 90 feet. (4) The minimum frontage of a lot shall be 50 feet, except that lots fronting on knuckles or cul-de-sac may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. (5) Minimum yard requirements are as follows: (a) The front yard shall be not less than 15 feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The front yard for side loaded garages shall not be less than ten feet (10'). I (b) Side yards on interior and through lots shall be not less than five feet, except that interior side yards may be reduced to accommodate zero lot line situations, except that, in no case, shall the reduction in side yard areas reduce the separation between structures to less than ten feet (10'). Attached garages may be located on j the residential lot line, provided that there is no less than a ten-foot (10') building separation between the garage and any adjacent primary structure. Building separation shall mean the distance between the structural portions of adjoining primary dwellings as measured from that point where the structures are nearest; provided that a yard encroachment shall not be considered a structural portion for the determination of building separation. Side yards on corner and reversed corner lots shall be not less than ten feet from the existing street right-of-way line or from 10 any future street right-of-way line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide the yard need not exceed 20 percent of the width of the lot. (c) The minimum depth of back yards shall be ten feet (10'). (d) Chimneys and fireplaces shall be allowed to encroach into side areas a maximum of two feet (2'). No other structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.33 of Riverside County Ordinance No. 348, as adopted by the City of Menifee. (6) In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures that are single-story and no more than forty-five percent (45%) of any lot covered by buildings or structures that are two-story. e. Planning Areas 9 and 38 1. The following uses shall be permitted in these Planning Areas: (1) One-family dwellings. (2) Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products. (3) Home occupations (4) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the l premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge. (5) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100)square feet with a maximum height i I1 of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet. (6) Public Schools (7) Water quality basins and related drainage facilities 2. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance: (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event. (3) Child Day Care Center. (4) Parks (5) Private Schools and Charter Schools 3. The following uses are permitted provided a public use permit has been approved pursuant to the provisions of Section 18.29 of this ordinance: (1) Churches, temples and other places of religious worship. 4. The following standards of development shall apply: (1) Building height shall not exceed three stories, with a maximum height of 40 feet. (2) Lot area shall be not less than 7,000 square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. Each lot shall have a minimum usable pad area of not less than 6,200 square feet. (3) The minimum average width of that portion of a lot to be used as a building site shall be 60 feet with a minimum average depth of 100 feet. (4) The minimum frontage of a lot shall be 60 feet, except that lots fronting on knuckles or cul-de-sac may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets 12 may be measured at the building setback in accordance with zone development standards. (5) Minimum yard requirements are as follows: (a) With exception of side loaded garages and porches, the front yard shall be not less than 15 feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The front yard for side loaded garages and porches shall not be less than ten feet (10'). (b) Side yards on interior and through lots shall be not less than five feet, except that interior side yards may be reduced to accommodate zero lot line situations, except that, in no case, shall the reduction in side yard areas reduce the separation between structures to less than ten feet (10'). Attached garages may be located on the residential lot line, provided that there is no less than a ten-foot (10') building separation between the garage and any adjacent primary structure. Building separation shall mean the distance between the structural portions of adjoining primary dwellings as measured from that point where the structures are nearest; provided that a yard encroachment shall not be considered a structural portion for the determination of building separation. Side yards on corner and reversed corner lots shall be not less than ten feet from the existing street right-of-way line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide the yard need not exceed 20 percent of the width of the lot. (c) The minimum depth of back yards shall be ten feet (10'). (d) Chimneys and fireplaces shall be allowed to encroach into side areas a maximum of two feet (2'). No other structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.33 of Riverside County Ordinance No. 348, as adopted by the City of Menifee. 13 (6) In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures that are single-story and no more than forty-five percent (45%) of any lot covered by buildings or structures that are two-story. f. Planning Area 13 1. The following uses shall be permitted in these Planning Areas: (1) One-family dwellings. (2) Field crops, flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products. (3) Home occupations (4) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge. (5) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet. (6) Public Schools (7) Water quality basins and related drainage facilities 2. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance: (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in 14 any event. (3) Child Day Care Center. (4) Parks (5) Private Schools and Charter Schools 3. The following uses are permitted provided a public use permit has been approved pursuant to the provisions of Section 18.29 of this ordinance: (1) Churches, temples and other places of religious worship. 4. The following standards of development shall apply: (1) Building height shall not exceed three stories, with a maximum height of 40 feet. (2) Lot area shall be not less than 6,500 square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. Each lot shall have a minimum usable pad area of not less than 6,305 square feet. (3) The minimum average width of that portion of a lot to be used as a building site shall be 50 feet with a minimum average depth of ninety feet (90') feet. (4) The minimum frontage of a lot shall be fifty feet (50') feet, except that lots fronting on knuckles or cul-de-sac may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. (5) Minimum yard requirements are as follows: (a) The front yard shall be not less than 15 feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The front yard for side loaded garages shall not be less than ten feet (10'). (b) Side yards on interior and through lots shall be not less than five feet, except that interior side yards may be reduced to accommodate zero lot line situations, except that, in no case, shall the reduction in side yard areas reduce the separation 15 between structures to less than ten feet (10'). Attached garages may be located on the residential lot line, provided that there is no less than a ten-foot (10') building separation between the garage and any adjacent primary structure. Building separation shall mean the distance between the structural portions of adjoining primary dwellings as measured from that point where the structures are nearest; provided that a yard encroachment shall not be considered a structural portion for the determination of building separation. Side yards on corner and reversed corner lots shall be not less than ten feet from the existing street right-of-way line or from any future street right-of-way line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide the yard need not exceed 20 percent of the width of the lot. (c) The minimum depth of back yards shall be ten feet (10'). (d) Chimneys and fireplaces shall be allowed to encroach into side areas a maximum of two feet (2'). No other structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.33 of Riverside County Ordinance No. 348, as adopted by the City of Menifee. (6) In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures that are single-story and no more than forty-five percent (45%) of any lot covered by buildings or structures that are two-story. g. Planning Areas ,'1.1A, 12, and 17 i 1. The following uses shall be permitted in these Planning Areas: (1) One-family dwellings. (2) Field crops,flower and vegetable gardening, tree crops, and greenhouses used only for purposes of propagation and culture, including the sale thereof from the premises and one unlighted sign that does not exceed two square feet in size pertaining to the sale of products. 16 (3) Home occupations (4) Future Farmers of America (FFA) or 4-H projects conducted by the occupants of the premises. Provided, however, if the project involves crowing fowl, an unexpired crowing fowl affidavit form describing the project must be on file with the Planning Director. Affidavit forms are available at the Planning Department and may be filed free of charge. (5) The outside storage of materials on improved lots or parcels of one-half acre to one acre provided the amount is limited to one hundred (100) square feet with a maximum height of three (3) feet and on improved lots or parcels of one acre or more provided the amount is limited to two hundred (200) square feet with a maximum height of three (3) feet. (6) Public Schools (7) Water quality basins and related drainage facilities 2. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance: (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of two years in any event. (3) Child Day Care Center. (4) Parks (5) Private Schools and Charter Schools 3. The following uses are permitted provided a public use permit has been approved pursuant to the provisions of Section 18.29 of this ordinance: (1) Churches, temples and other places of religious worship. 4. The following standards of development shall apply: (1) Building height shall not exceed three stories, with a maximum height of 40 feet. (2) Lot area shall be not less than 5,500 square feet. The minimum lot area shall be 17 determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. Each lot shall have a minimum usable pad area of not less than 5,335 square feet. (3) The minimum average width of that portion of a lot to be used as a building site shall be 50 feet with a minimum average depth of fifty feet (50) feet. (4) The minimum frontage of a lot shall be fifty feet (50') feet, except that lots fronting on knuckles or cul-de-sac may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. (5) Minimum yard requirements are as follows: (a) The front yard shall be not less than 15 feet, measured from the existing street line or from any future street line as shown on any specific plan of highways, whichever is nearer the proposed structure. The front yard for side loaded garages shall not be less than ten feet (10'). (b) Side yards on interior and through lots shall be not less than five feet, except that interior side yards may be reduced to accommodate zero lot line situations, except that, in no case, shall the reduction in side yard areas reduce the separation between structures to less than ten feet (10'). Attached garages may be located on the residential lot line, provided that there is no less than a ten-foot (10') building separation between the garage and any adjacent primary structure. Building separation shall mean the distance between the structural portions of adjoining i primary dwellings as measured from that point where the structures are nearest; provided that a yard encroachment shall not be considered a structural portion for the determination of building separation. Side yards on corner and reversed corner lots shall be not less than ten feet from the existing street right-of-way line or from any future street right-of-way line as shown on any specific plan of highways, whichever is nearer the proposed structure, upon which the main building sides, 18 except that where the lot is less than 50 feet wide the yard need not exceed 20 percent (20%) of the width of the lot. (c) The minimum depth of back yards shall be ten feet (10'). (d) Chimneys and fireplaces shall be allowed to encroach into side areas a maximum of two feet (2'). No other structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.33 of Riverside County Ordinance No. 348, as adopted by the City of Menifee. (6) In no case shall more than fifty percent (50%) of any lot be covered by buildings or structures that are single-story and no more than forty-five percent (45%) of any lot covered by buildings or structures that are two-story. h. Planning Areas 1C, 30, 31, and 39 1. The following use shall be permitted in these Planning Areas: (1) Water quality basins and related drainage facilities 2. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance: (1) Picnic grounds. (2) Child Day Care Center (3) Parks (4) Parking lots, only for above-listed permitted uses, pursuant to the provisions of Section 18.12 of this ordinance, except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements of Section 18.12 of this ordinance. (5) On-site identification signs, maximum size -ten square feet. 3. The following uses are permitted provided a conditional use permit has been granted: (1) Lakes, including noncommercial fishing therefrom. 4. The following standards of development shall apply: (1) Lot Area. This zone is to be applied to those areas within subdivisions and other 19 residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone. (2) Yards. Whenever a building is to be constructed on a lot in this zone, it shall have a front yard, side yard and rear yard, each of which shall be not less than ten (10)feet. If more than one building is constructed on one lot (excluding shade structures, picnic areas, tot lots, and other non-enclosed structures), there shall be not less than 20 feet separation between the buildings. No structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.19 of this ordinance. (3) Trash Areas. All trash collection areas shall be enclosed with a solid masonry wall that is architecturally enhanced, and shall include a roof for water quality purposes. All trash enclosures shall be subject to any applicable requirements for water quality, as determined by the City of Menifee. (4) Within Planning Areas 31 and 39, automobile storage space shall be provided as required by Section 18.12 of this ordinance. Planning Areas 1C and 30 shall be exempt from the off-street parking requirements specified in Section 18.12 of this ordinance. (5) All buildings and structures shall not exceed 50 feet in height, unless a height up to 75 feet is specifically permitted under the provisions of Section 18.34 of this ordinance. i. Planning Areas 40A through 40E and 40H 1. The following use shall be permitted in these Planning Areas: I (1) Water quality basins and related drainage facilities 2. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance: (1) Picnic grounds. (2) Parks (3) Parking lots, only for above-listed permitted uses, pursuant to the provisions of Section 18.12 of this ordinance, except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements 20 of Section 18.12 of this ordinance. (4) On-site identification signs, maximum size - ten square feet. 3. The following standards of development shall apply: (1) Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone. (2) Yards. Whenever a building is to be constructed on a lot in this zone, it shall have a front yard, side yard and rear yard, each of which shall be not less than ten (10)feet. If more than one building is constructed on one lot (excluding shade structures, picnic areas, tot lots, and other non-enclosed structures), there shall be not less than 20 feet separation between the buildings. No structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.19 of this ordinance. (3) Trash Areas. All trash collection areas shall be enclosed with a solid masonry wall that is architecturally enhanced, and shall include a roof for water quality purposes. All trash enclosures shall be subject to any applicable requirements for water quality, as determined by the City of Menifee. (4) Planning Areas 40A through 40E or 40H shall be exempt from the off-street parking requirements specified in Section 18.12 of this ordinance. (5) All buildings and structures shall not exceed 50 feet in height, unless a height up to 75 feet is specifically permitted under the provisions of Section 18.34 of this ordinance. j. Planning Areas 41 and 40F 1. The following uses shall be permitted in this Planning Area: (1) Water quality basins and related drainage facilities (2) Open Space and Trails 2. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance: (1) Child Day Care Center 21 (2) Picnic grounds. (3) Parks (4) Parking lots, only for above-listed permitted uses, pursuant to the provisions of Section 18.12 of this ordinance, except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements of Section 18.12 of this ordinance. (5) On-site identification signs, maximum size - ten square feet. 3. The following standards of development shall apply: (1) Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone. (2) Yards. Whenever a building is to be constructed on a lot in this zone, it shall have a front yard, side yard and rear yard, each of which shall be not less than ten (10)feet. If more than one building is constructed on one lot (excluding shade structures, picnic areas, tot lots, and other non-enclosed structures), there shall be not less than 20 feet separation between the buildings. No structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.19 of this ordinance. (3) Trash Areas. All trash collection areas shall be enclosed with a solid masonry wall that is architecturally enhanced, and shall include a roof for water quality purposes. All trash enclosures shall be subject to any applicable requirements for water quality, as determined by the City of Menifee. i (4) Planning Areas 41 and 40F shall be exempt from the off-street parking requirements specified in Section 18.12 of this ordinance. (5) All buildings and structures shall not exceed 50 feet in height, unless a height up to 75 feet is specifically permitted under the provisions of Section 18.34 of this ordinance. k. Planning Area 42 1. The following uses shall be permitted in this Planning Area: 22 (1) Lakes, including noncommercial fishing therefrom. (2) Water quality basins and related drainage facilities 2. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance: (1) Child Day Care Center (2) Picnic grounds. (3) Parks (4) Parking lots, only for above-listed permitted uses, pursuant to the provisions of Section 18.12 of this ordinance, except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements of Section 18.12 of this ordinance. (5) On-site identification signs, maximum size - ten square feet. 3. The following uses are permitted provided a conditional use permit has been granted: (1) Noncommercial community association recreation and assembly buildings and facilities. 4. The following standards of development shall apply: (1) Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone. (2) Yards. Whenever a building is to be constructed on a lot in this zone, it shall have a front yard, side yard and rear yard, each of which shall be not less than ten (10)feet. If more than one building is constructed on one lot (excluding shade structures, picnic areas, tot lots, and other non-enclosed structures), there shall be not less than 20 feet separation between the buildings. No structural encroachments shall be permitted in the front, side, or rear yard except as provided for in Section 18.19 of this ordinance. (3) Trash Areas. All trash collection areas shall be enclosed with a solid masonry wall that is architecturally enhanced, and shall include a roof for water quality purposes. All trash 23 enclosures shall be subject to any applicable requirements for water quality, as determined by the City of Menifee, (4) Automobile storage space shall be provided as required by Section 18.12 of this ordinance. (5) All buildings and structures shall not exceed 50 feet in height, unless a height up to 75 feet is specifically permitted under the provisions of Section 18.34 of this ordinance. I. Planning Areas 43a through 43i 1. The following use shall be permitted in these Planning Areas: (1) Open Space 2. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of this ordinance: (1) On-site identification signs, maximum size - ten square feet. 3. The following standards of development shall apply: (1) Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone. (2) Planning Area 43a through 43j shall be exempt from the off-street parking requirements specified in Section 18.12 of this ordinance. i I I 24