2014-141 Zone Change Junction ORDINANCE NO. 2014-141
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA, APPROVING CHANGE OF ZONE NO.
7562, AMENDING THE CITY OF MENIFEE ZONING
ORDINANCE FOR THE JUNCTION AT MENIFEE VALLEY
Whereas, in November 2006 the applicant, Pac Ten Partners, filed formal
applications with the County of Riverside (the local government authority for the project
area at that time) for Plot Plan No. 22279 (City Case #2010-022) (the "Project') for a
600,000 square foot shopping center; and
Whereas, in August 2007, the applicant, Pac Ten Partners, filed a formal
application with the County of Riverside for Change of Zone No. 7562 to be processed
concurrently with the shopping center Project; and
Whereas, on April 17, 2007, the County of Riverside publicly noticed its decision
to prepare an environmental impact report (EIR) for the Project by noticing the State
Clearinghouse, related agencies, and other government agencies; and
Whereas, between September 24, 2008 and November 10, 2008, the State-
mandated forty-five (45)-day public review period for the Draft EIR took effect, which was
publicly noticed by a publication in a newspaper of general circulation, notice to owners
within 600 feet of the Project site boundaries, related agencies and government agencies,
copies of the Draft EIR sent to the State Clearinghouse, a copy placed at the City Hall
public counter and a copy placed at the Paloma Valley library; and
Whereas, on October 1, 2008, the City of Menifee incorporated and then became
the local government authority for the project area; and
Whereas, based upon comments received, the Draft EIR was revised and re-
circulated for public review from November 29, 2010 to January 12, 2011. Pursuant to
Section 15088.5(f)(1) of the CEQA Guidelines, reviewers of the Re-circulated Draft EIR
were advised that all reviewers must submit new comments on the Re-circulated Draft
EIR, and all previously received comments will be included in the administrative record,
but will not require a written response and will not be included in the Final EIR; and
Whereas, between November 29, 2010 and January 12, 2011, the State-
mandated forty-five (45)-day public review period for the Re-Circulated Draft EIR took
effect, which was publicly noticed by a publication in a newspaper of general circulation,
notice to owners within 600 feet of the Project site boundaries, related agencies and
government agencies, copies of the Draft EIR sent to the State Clearinghouse, a copy
placed at the City Hall public counter and a copy placed at the Paloma Valley library; and
Whereas, the Final EIR was prepared for the project in accordance with Sections
21000 through 21177 of the California Public Resources Code (California Environmental
Quality Act {CEQA)) and Sections 15000 through 15387 of the California Code of
Regulations (CEQA Guidelines); and
Whereas, the Final EIR identified and discussed air quality, noise and traffic
City of Menifee Ordinance No. 2014-141
Junction Change of Zone
impacts, which may occur as a result of the Project, and which require mitigation, but
cannot be mitigated to a level of less than significant and are thereby significant and
unavoidable and a Statement of Overriding Consideration of Environmental Impact was
required to be adopted prior to project approval by the City Council, and
Whereas, on January 17, 2014, the Final EIR was completed and distributed to
those agencies and persons that submitted written comments on the Draft EIR, and copies
of the Final EIR were placed at the City Hall public counter and made available on the
City's website; and
Whereas, on January 28, 2014, the Planning Commission held a duly noticed
public hearing on the EIR and the Project, considered all public testimony as well as all
materials in the staff report and accompanying documents for the Statement of Overriding
Consideration of Environmental Impact and the Environmental Impact Report (EIR) (State
Clearinghouse #2007041062), Change of Zone No. 7562, Plot Plan No. 2010-022 and
Variance No. 1844, which hearing was publicly noticed by a publication in a newspaper of
general circulation on January 17, 2014 an agenda posting, and notice to property owners
within 1,000 feet of the Project boundaries, and to persons requesting public notice; and
Whereas, at the January 28, 2014 Planning Commission public hearing, based
upon the materials in the staff report and accompanying documents, the City of Menifee
Planning Commission recommended that the City Council approve Plot Plan No. 2010-
022, including certification of the EIR, adoption of Change of Zone No. 7562, and approval
of the Variance No. 1844; and,
Whereas, on March 5, 2014, the City Council held a duly noticed public hearing
on the Draft EIR and the Project and opened the public hearing and continued the open
public hearing to April 2, 2014; and,
Whereas, on April 2, 2014,the City Council held the continued open public hearing
on the Draft EIR and the Project, considered all public testimony as well as all materials
in the staff report and accompanying documents for the Statement of Overriding
Consideration of Environmental Impact and the Environmental Impact Report (EIR) (State
Clearinghouse #2007041062), Change of Zone No. 7562, Plot Plan No. 2010-022, and
Variance No. 1844, which hearing was publicly noticed by a publication in a newspaper of
general circulation on February 21, 2014, an agenda posting, and notice to property
owners within 1,000 feet of the Project boundaries, and to persons requesting public
notice; and
Whereas, on April 2, 2014, the City Council introduced the ordinance for first
reading and scheduled the second reading and adoption of the ordinance for April 16,
2014; and,
Whereas, the City has complied with CEQA and the EIR is an accurate and
objective statement that fully complies with CEQA, the CEQA Guidelines and represents
the independent judgment of the City.
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Junction Change of Zone
NOW,THEREFORE,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 April 16, 2014, the Environmental Impact Report No. 495, and the CEQA
Guidelines and determines as follows:
A. Environmental Impact Report (EIR) No. 495 prepared for the Junction was
certified by the Menifee City Council.
B. That the decision regarding the environmental analysis reflects the
independent judgment and analysis of the City.
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. 7562.
A. The proposed change of zone is in conformance with the adopted General
Plan for the City.
The change of zone application requests to change the zoning classification
of the site from Industrial Park (I-P) to General Commercial (C-11C-P). The
project site is designated under the City's new General Plan as Economic
Development Corridor(EDC). The proposed use is a commercial retail center
which includes retail, restaurants, public spaces and open spaces, which
would be consistent with the Economic Development Corridor land use
designation. The proposed zoning is consistent with this land use designation
and will facilitate the development of the shopping center. The proposed
change of zone to amend the zoning within the project site (APNs 360-380-
002, 360-380-005, 360-380-006, 360-380-007) is amended as attached in
Exhibit "1" to this Ordinance.
The proposed project, which includes the change of zone, is in compliance
with the following General Plan goals and policies:
LU-1: Land uses and building types that result in a community where
residents at all stages of life, employers, workers, and visitors have a diversity
of options of where they can live, work, shop, and recreate within Menifee.
LU-1.1 Concentrate growth in strategic locations to help preserve rural
areas, create place and identity, provide infrastructure efficiently, and foster
the use of transit options.
LU-1.8 Ensure new development is carefully designed to avoid or
incorporate natural features, including washes, creeks, and hillsides.
CD-3: Projects, developments, and public spaces that visually enhance the
characterof the community and are appropriately buffered from dissimilarland
uses so that differences in type and intensity do not conflict.
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City of Menifee Ordinance No.2014-141
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CD-3.1 Preserve positive characteristics and unique features of a site
during the design and development of a new project; the relationship to scale
and character of adjacent uses should be considered.
CD-3.2 Maintain and incorporate the City's natural amenities, including its
hillsides, indigenous vegetation, and rock outcroppings, within proposed
projects.
CD-3.3 Minimize visual impacts of public and private facilities and support
structures through sensitive site design and construction. This includes, but is
not limited to: appropriate placement of facilities; undergrounding, where
possible; and aesthetic design (e.g., cell tower stealthing).
CD-3.6 Locate site entries and storage bays to minimize conflicts with
adjacent residential neighborhoods.
CD-3.7 Consider including public art at key gateways, major projects, and
public gathering places.
CD-3.8 Design retention/detention basins to be visually attractive and well
integrated with any associated project and with adjacent land uses.
CD-3.10 Employ design strategies and building materials that evoke a
sense of quality and permanence.
CD-3.11 Provide special building-form elements, such as towers and
archways, and other building massing elements to help distinguish activity
nodes and establish landmarks within the community.
CD-3.12 Utilize differing but complementary forms of architectural styles
and designs that incorporate representative characteristics of a given area.
CD-3.13 Utilize architectural design features (e.g., windows, columns,
offset roof planes, etc.) to vertically and horizontally articulate elevations in
the front and rear of residential buildings.
CD-3.14 Provide variations in color, texture, materials, articulation, and
architectural treatments. Avoid long expanses of blank, monotonous walls or
fences.
CD-3.17 Encourage the use of creative landscape design to create visual
interest and reduce conflicts between different land uses.
CD-5: Economic Development Corridors that are visually distinctive and
vibrant and combine commercial, industrial, residential, civic, cultural, and
recreational uses.
CD-5.1 Provide comfortable pedestrian amenities-quality sitting areas, wide
paths and shade-along with specialized and engaging design features, such
as interesting fountains or public art, which draw and maintain people's
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City of Menifee Ordinance No.2014-141
Junction Change of Zone
attention, as appropriate based on the preferred mix of land uses for each
EDC subarea.
CD-5.5 Create a human-scale ground-floor environment that includes
public open areas that separate pedestrian space from auto traffic, or where
these intersect, give special regard to pedestrian safety.
CD-6: Attractive landscaping, lighting, and signage that conveys a positive
image of the community.
CD-6.4 Require that lighting and fixtures be integrated with the design and
layout of a project and that they provide a desirable level of security and
illumination.
CD-6.5 Limit light leakage and spillage that may interfere with the
operations of the Palomar Observatory.
ED-2: A variety of retail shopping areas distributed strategically throughout
the City and regional retail, dining, and entertainment destinations in key
locations with freeway access.
ED-2.1 Promote retail development by locating needed goods and services
in proximity to where residents live to improve quality of life, retain taxable
spending by Menifee residents, and attract residents from outside the City to
shop in Menifee.
ED-2.2 Require regional retail districts to provide entertainment and dining
in addition to retail sales and services to create destinations prepared to
withstand e-commerce's increasing capture of retail spending. These districts
should create a pedestrian-friendly human-scale atmosphere with street
furniture, shading, and gathering spaces that enhance the experience of
shopping and socializing.
CD-6.7 Integrate project signage into the architectural design and character
of new buildings.
Section 3. Amendment to the Official Zoning Map
The City Council hereby adopts Change of Zone No. 7562 amending the official zoning
map of the City of Menifee by changing the zoning map 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
adoption.
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
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City of Menifee Ordinance No.2014-141
Junction Change of Zone
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 this16t of APRIL, 2014
�y
Scott A. Mann, Mayor
Approved as to form:
JJfie Hayward Biggs, (OyQfforney
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. 2014-141 to be the original ordinance adopted
by the City Council of the City of Menifee on April 16, 2014 and that said ordinance
was published in accordance with the law.
Date: April 16, 2014
z
Kathy Bennett, City Clerk
6
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Scott A.Mann
Mayor
Wallace W.Edgerton
Deputy Mayor
John V.Denver
Councilmember
Thomas Fuhrman
Councilmember STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
Greg August CITY OF MENIFEE )
Councilmember
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
foregoing Ordinance No. 2014-141 was duly adopted by the City Council of the
City of Menifee at a meeting thereof held on the 16" of April, 2014 by the following
vote:
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
www.cityofinenifee.us