2014-151 Menifee Heights ORDINANCE NO. 2014-151
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA, APPROVING CHANGE OF ZONE NO.
2013-082, AMENDING THE CITY OF MENIFEE ZONING
ORDINANCE FOR MENIFEE HEIGHTS
Whereas, on April 19, 2013 the applicant, CV Communities LLC, filed a formal
application with the City of Menifee for Change of Zone No. 2013-082 (the "Project') to
change the zoning classification of an 11.45-acre portion of a 156.95 gross acre parcel
(APN 372-080-031) from Planned Residential (R-4) to Open Area Combing Zone-
Residential Area (R-5) to match the proposed development and residential lot
boundaries of approved Tentative Tract Map No. 32277 as revised under TR 2012-045;
and
Whereas, pursuant to Section 15162 of the CEQA Guidelines, additional
environmental review is not required since the current proposed change of zone would
not create any direct or indirect physical changes beyond those already analyzed in the
prior initial study and Mitigated Negative Declaration; and
Whereas, on April 22, 2014, the Planning Commission held a duly noticed public
hearing on the Project, considered all public testimony as well as all materials in the staff
report and accompanying documents, which hearing was publicly noticed by a
publication in a newspaper of general circulation on April 12, 2014 an agenda posting,
and notice to property owners within 300 feet of the Project boundaries; and
Whereas, at the April 22, 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 Change of Zone No.
2013-082; and,
Whereas, on July 16, 2014, the City Council held a public hearing on the Project
considered all public testimony as well as all materials in the staff report and
accompanying documents, which hearing was publicly noticed by a publication in a
newspaper of general circulation on July 5, 2014, an agenda posting, and notice to
property owners within 300 feet of the Project boundaries; and
Whereas, on July 16, 2014, the City Council introduced the ordinance for first
reading and scheduled the second reading and adoption of the ordinance for August 6,
j 2014; and,
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 July 16, 2014, and the CEQA Guidelines and determines as follows:
A. No further environmental review is necessary.
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Ordinance No. 2014-151
Change of Zone Menifee Heights
B. That the decision regarding the environmental determination 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. 2013-082.
A. The proposed change of zone is in conformance with the adopted General
Plan for the City.
The project proposes to change the zoning of a portion of the subject parcel
from Planned Residential (R-4) to Open Area Combining Zone-Residential
Developments (R-5). The Change of Zone has been proposed to correct the
boundary between the R-4 and R-5 zones on the property to more
accurately follow the boundary between the residential lots and natural
hillside as currently approved with Tentative Tract Map No. 32277.
The General Plan land use designation for the subject parcel is a mix of 2.1-
5 Dwelling Units/Acre Residential (2.1-5R) and Rural Residential 5-acre
minimum (RR5). The 2.1-5R designation is intended for detached or
attached single-family residential development at a density between 2 to 5
dwelling units per acre. The RR5 designation is intended for single family
residences with a minimum lot size of 5 acres with animal keeping and
agricultural uses allowed.
The proposed project, which includes the change of zone, is in compliance
with the following General Plan goals and policies:
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.
Section 3. Amendment to the Official Zoning Map
The City Council hereby adopts Change of Zone No. 2013-082 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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Ordinance No. 2014-151
Change of Zone Menifee Heights
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 6l" day of August, 2014, by the following
vote:
AYES: August, Denver, Edgerton, Fuhrman, Mann
NOES: None
ABSENT: None
ABSTAIN: None
Scott A. Mann, Mayor
APPROVED AS TO FORM:
J e Hayward igg , ity Attorney
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. 2014-151 to be the original ordinance adopted by the City
Council of the City of Menifee on August 6, 2014 and that said ordinance was published
in accordance with the law.
Date: a-la /
Kathy Bennett, City Clerk
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