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2015-164 Menifee Village Specific Plan ORDINANCE NO. 2015-164 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 2012-115, AMENDING THE MENIFEE VILLAGE SPECIFIC PLAN Whereas, on August 20, 2012, the applicant, Muirfield Properties, filed a formal application with the City of Menifee for Specific Plan Amendment No. 2012-115 (the `Project') to incorporate the associated change to the Specific Plan zoning ordinance text as adopted in Ordinance No. 2015-165; and Whereas, on October 8, 2014, November 12, 2014, December 10, 2014, and January 14, 2015, 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 for Specific Plan Amendment No. 2012-115, which hearing was publicly noticed on September 28, 2014 by a publication in a newspaper of general circulation (i.e., The Press Enterprise), an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and Whereas, at the January 14, 2015 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 Specific Plan Amendment No. 2012- 115; and, Whereas, on February 18, 2015, 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 February 6, 2015, an agenda posting, and notice to property owners within 300 feet of the Project boundaries; and Whereas, on February 18, 2015, the City Council introduced the ordinance for first reading and scheduled the second reading and adoption of the ordinance for March 4, 2015; and, NOW, THEREFORE, the City Council of the City of Menifee does find 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 February 18, 2015, and the CEQA Guidelines and determines as follows: A. Determine that this project falls within the scope of the environmental clearance provided by the Addendum to the Mitigated Negative Declaration that the City Council approved in Resolution 15-422. I B. That the decision regarding the environmental determination reflects the independent judgment and analysis of the City. I Section 2. Required Specific Plan Amendment Findings. In accordance with the provisions of the City of Menifee Zoning Ordinance, the City Council hereby makes the following finding(s) for Specific Plan Amendment No. 2012-115, A. The Specific Plan Amendment is found to be consistent with the goals and policies of the General Plan. The General Plan land use of the site is Specific Plan (Menifee Village). The intent of this land use designation is to recognize areas where an existing specific plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. The proposed associated project, a shopping center with gas station, convenience store and car wash, general retail, gym, and hotel, meets the requirements of the Specific Plan (Menifee Village) land use designation. The project is consistent with the following City of Menifee General Plan 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-1.5 Support development and land use patterns, where appropriate, that reduce reliance on the automobile and capitalize on multimodal transportation opportunities. LU-1.7 Ensure neighborhood amenities and public facilities (natural open space areas, parks, libraries, schools, trails, etc.) are distributed equitably throughout the City. C-1.1 Require roadways to: • Comply with federal, state and local design and safety standards. • Meet the needs of multiple transportation modes and users. • Be compatible with the streetscape and surrounding land uses. • Be maintained in accordance with best practices. C-1.2 Require development to mitigate its traffic impacts and achieve a peak hour Level of Service (LOS) D or better at intersections, except at constrained intersections at close proximity to the I-215 where LOS E may be permitted. C-2.1 Require on- and off-street pathways to: • Comply with federal, state and local design and safety standards. • Meet the needs of multiple types of users (families, commuters, recreational beginners, exercise experts) and meet ADA standards and guidelines. • Be compatible with the streetscape and surrounding land uses. • Be maintained in accordance with best practices. C-2.2 Provide off-street multipurpose trails and on-street bike lanes as our primary paths of citywide travel, and explore the shared use of low speed roadways for connectivity wherever it is safe to do so. C-6.1 Design developments within designated scenic highway corridors to balance the objectives of maintaining scenic resources with accommodating compatible land uses. C-6.4 Incorporate riding, hiking, and bicycle trails and other compatible public recreational facilities within scenic corridors. C-6.5 Ensure that the design and appearance of new landscaping, structures, equipment, signs, or grading within eligible county scenic highway corridors are compatible with the surrounding scenic setting or environment. OCS-2.1 Develop recreational trails for hiking, biking, and equestrian use throughout the City, making them, to the extent feasible, accessible to people of different neighborhoods, ages, and abilities. OCS-5.1 Preserve and protect archaeological and historic resources and cultural sites, places, districts, structures, landforms, objects and native burial sites, traditional cultural landscapes and other features, consistent with state law and any laws, regulations or policies which may be adopted by the City to implement this goal and associated policies. OCS-8.8 Implement and follow MSHCP goals and policies when making discretionary actions pursuant to Section 13 of the Implementing Agreement. OCS-9.1 Meet state and federal clean air standards by minimizing particulate matter emissions from construction activities. CD-3.5 Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the street scene. 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-3.10 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-3.14 Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences. CD-3.15 Require property owners to maintain structures and landscaping to high standards of design, health, and safety. CD-4.2 Design new and, when necessary, retrofit existing streets to improve walkability, bicycling, and transit integration; strengthen connectivity; and enhance community identity through improvements to the public right-of-way such as sidewalks, street trees, parkways, curbs, street lighting, and street furniture. CD-4.7 Design new landscaping, structures, equipment, signs, or grading within the scenic corridors for compatibility with the surrounding scenic setting or environment. CD-6.3 Require property owners to maintain the existing landscape on developed nonresidential sites and replace unhealthy or dead landscaping. CD-6.5 Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory. CD-6.7 Integrate project signage into the architectural design and character of new buildings. 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. • Locate businesses providing convenience goods and services in retail centers that are on arterials adjacent to neighborhoods and communities throughout the City but not in rural residential areas. • Encourage comparison goods businesses to locate in larger retail centers located on major arterials near freeway interchanges, because businesses that provide comparison goods tend to draw customers from larger areas. 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. Local retail centers (primarily intended to serve Menifee residents) need not necessarily provide dining and entertainment but shall provide street furniture, shading, pedestrian-circulation, and gathering spaces that enhance the experience of shopping. S-2.1 Require all new developments to mitigate the geologic hazards that have the potential to impact habitable structures and other improvements. S-4.4 Review development proposals for impacts to fire facilities and compatibility with fire areas or mitigate. N-1.1 Assess the compatibility of proposed land uses with the noise environment when preparing, revising, or reviewing development project applications. N-1.3 Require noise abatement measures to enforce compliance with any applicable regulatory mechanisms, including building codes and subdivision and zoning regulations, and ensure that the recommended mitigation measures are implemented. N-1.8 Locate new development in areas where noise levels are appropriate for the proposed uses. Consider federal, state, and City noise standards and guidelines as a part of new development review. The project is within the Menifee Village Specific Plan. The project would amend the Specific Plan to incorporate the associated Specific Plan zoning code change to allow for gym use, extend the life of Conditional Use Permits and Plot Plans, modify parking requirements, and modify parking design standards. The Specific Plan designates the area as Commercial and the area is planned for general and freeway-oriented commercial uses and would feature hotels, restaurants, and commercial offices. Surrounding General Plan Land Use designations are Specific Plan (SP 158 —Menifee Village) to the north and east (one-family dwellings and multi-family) as well as south (Commercial) and Specific Plan (SP 248 — Newport Hub) (Commercial) to the west. The project is consistent with the surrounding existing and planned land uses. The project is compatible with the existing residential land uses to the east and north, which are separated from the project site by Antelope Road as well as screened with parkway and on-site landscaping and with structures setback from the property line. The City of Menifee has two (2) active conservation plans within the City's boundary, the Western Riverside County MSHCP, and the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR- HCP and the Western Riverside County MSHCP. The project site is located inside the Stephen's Kangaroo Rat (Dipodomys stephensi) (SKR) Fee Area. The proposed project is located within the boundaries of the Western Riverside County Multiple Species Habitat Conservation Plan; however, the project is not located with a Criteria Cell or Cell Group. The project will be subject to the payment of fees for a commercial project consistent with the Riverside County Ordinance 810.2 as adopted by the City of Menifee. Therefore, the project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or State conservation plan and the impact is considered less than significant. Section 3. Effective Date of Ordinance. This Ordinance shall take effect and be in full force and operation thirty(30)days after its adoption. Section 4. 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 5. 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 the 4th day of March, 2015, by the following vote: AYES: August, Denver, Edgerton, Lies er NOES:None ABSENT: Mann ABSTAIN: None Scott A. Mann, Mayor APPROV D AS TO FORM: Je Iching, City Attorne 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. 2015-164 to be the original ordinance adopted by the City Council of the City of Menifee on March 4, 20��1nn5 and that said�ordinance "was sppublished in accordance with the law. Date: Kathy Bennett, City Clerk