The URL can be used to link to this page

2014-152 Womble Change of Zone ORDINANCE NO. 2014-152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 2014-024, AMENDING THE CITY OF MENIFEE ZONING ORDINANCE FOR THE WOMBLE PROPERTY Whereas, on February 13, 2014 the applicant, Larry R. Markham, filed a formal application with the City of Menifee for Change of Zone No. 2014-024 (the "Project") to change the zoning classification of the 4.79 acre (net) parcel from One-Family Dwelling (R-1) to Multiple Family Dwellings (R-2); and Whereas, pursuant to Section 15162 of the CEQA Guidelines, additional environmental review is not required since the proposed change of zone from One-Family Dwelling (R-1) to Multiple Family Dwellings (R-2) is considered consistency zoning and conforms to the City's General Plan and the General Plan land use map and thus it would not substantially change the impacts evaluated in the General Plan Program EIR; 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. 2014-024; and, Whereas, on October 1, 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 September 2, 2014, an agenda posting, and notice to property owners within 300 feet of the Project boundaries; and Whereas, on October 1, 2014, the City Council introduced the ordinance for first reading and scheduled the second reading and adoption of the ordinance for October 15, 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 October 1, 2014, and the CEQA Guidelines and determines as follows: A. No further environmental review is necessary. B. That the decision regarding the environmental determination reflects the independent judgment and analysis of the City. Section 2. Required Change of Zone Findings. City of Menifee Ordinance No. 2014-152 Womble Change of Zone 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. 2014-024. A. The proposed change of zone is in conformance with the adopted General Plan for the City. The project proposes to change the zoning classification of the project site from One-Family Dwelling (R-1) to Multiple Family Dwellings (R-2). The R-2 zoning classification specifically allows for two family dwellings, multiple family dwellings, bungalow courts, and apartment homes with approval of a Plot Plan application. The General Plan land use designation for the subject parcel is 8.1-14 Dwelling Units/Acre Residential (8.1-14R). This designation is intended for single-family attached and detached residences, including townhouses, stacked flats, courtyard homes, patio homes, and zero lot line homes at a density between 8 to 14 dwelling units per acre. The Change of Zone has been proposed to bring the zoning of the site into consistency with the General Plan designation of 8.1-14R. The current zoning of R-1 is generally inconsistent with the 8.1-14R General Plan designation since it realistically would not allow for the minimum density as planned for by the General Plan. The proposed zoning to R-2 would allow for development type and density that is consistent with the intended General Plan density of 8.1 to 14 dwelling units per acre. Therefore, the proposed zoning classification is consistent with the General Plan. 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-1.2 Provide a spectrum of housing types and price ranges that match the jobs in the City and make it possible for people to live and work in Menifee and maintain a high quality of life. Section 3. Amendment to the Official Zoning Map The City Council hereby adopts Change of Zone No. 2014-024 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. 2 City of Menifee Ordinance No. 2014-152 Womble Change of Zone 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 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 151h day of October, 2014, by the following vote: AYES: August, Denver, Edgerton, Fuhrman, Mann NOES: None ABSENT: None ABSTAIN: None Scott A. Mann, Mayor APPR S TO FORM: J99Fey T. /el hing, City 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. 2014-152 to be the original ordinance adopted by the City Council of the City of Menifee on October 15, 2014 and that said ordinance was published in accordance with the law. Date: Kathy Bennett, City Clerk 3 EXHIBIT "1 " Womble Change Of Zone Change Of Zone No. 2014-024 r € � 3e$ g• x a � � ffi9� �e�� •gpp� -�_ g Ugut '¢M e t SNul p 'k r2, w(- W .s Jig C\�2 a R e e H CQAtam s — e. g gg psis Wz ' w z 4 W n At. O x I �§a e Irl p a #t3..e A8 t.ff..v Fad 3 $ d5eL6k "$ 3aexx ava .o,so,r �z�� Wig 4Is x kz I 1E€ q{ . b ��E'•''.eaye 00'cs.��a eR* `wvy�m-� b°`r. '.,. ev* ��€a Cqa° v. ��8� .� 3A.vacs-