2015-174 Zone change Garbani tract ORDINANCE NO. 2015-174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA, APPROVING CHANGE OF ZONE NO.
2014-072, AMENDING THE CITY OF MENIFEE ZONING
ORDINANCE FOR THE GARBANI TRACT (APN 360-250-009)
Whereas, on March 11, 2014, the applicant, DCI Investments, LLC, filed a formal
application with the City of Menifee for Change of Zone No. 2014-072 (the "Project') to
change the zoning classification of the property located north of Garbani Road and west
of Sherman Road identified as APN 360-250-009 from Industrial Park (I-P)to One-Family
Dwelling (R-1); and
Whereas, on May 27, 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 Change of Zone No. 2014-072, which hearing
was publicly noticed on May 6, 2015 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 May 27, 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 Change of Zone No.
2014-072; and,
Whereas, on June 17, 2015, the City Council of the City of Menifee held a public
hearing on the Project, considered all public testimony as well as all materials in the staff
report and accompanying documents, including the Mitigated Negative Declaration, for
Tentative Tract Map No. 36788 (TR 2014-073) and Change of Zone No. 2014-072, which
hearing was publicly noticed by a publication in the Press Enterprise, a newspaper of
general circulation, an agenda posting, and notice to property owners within 300 feet of
the Project boundaries, and to persons requesting public notice; and
Whereas, on June 17, 2015, the City Council introduced the ordinance for first
reading and scheduled the second reading and adoption of the ordinance for August 5,
2015; 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 June 17, 2015, and the CEQA Guidelines adopted a Mitigated Negative
Declaration for the Project pursuant to Resolution No. 15-448
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. 2014-072.
A. The proposed change of zone is in conformance with the adopted General
Plan for the City.
Ordinance No 2015-174
Planning Case 2014-072 CZ
August 5, 2015
The General Plan land use designation for the subject parcel is 2.1-5 Dwelling
Units/Acre Residential (2.1-5R). This designation is intended for single-family
detached residences at a density between 2 to 5 dwelling units per acre.
Properties to the north, south, east, and west of the project site are designated
as 2.1 to 5 Dwelling Units per Acre Residential (2.1-5R). Properties further to
the south are designated as Rural Residential 5 acre minimum (RR5).
The Project proposes to change the zoning classification of the project site
from Industrial Park (I-P) to One-Family Dwelling (R-1). The Change of Zone
has been proposed to bring the zoning of the site into consistency with the
General Plan designation of 2.1-5R. The current zoning of I-P is inconsistent
with the 2.1-5R General Plan designation since it allows for non-residential
land uses. The proposed zoning to R-1 would allow for the development type
and density that is consistent with the General Plan density of 2.1 to 5 dwelling
units per acre. Therefore, the proposed zoning classification is consistent with
the General Plan.
In addition, the Change of Zone is consistent with the following General Plan
policies in particular:
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. 2014-072 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 2015-174
Planning Case 2014-072 CZ
August 5, 2015
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 5"'day of August, 2015, by the following vote:
AYES: August, Denver, Liesemeyer, Mann
NOES: None
ABSENT: None
ABSTAIN: None
Scott A. Mann, Mayor
APPROVED AS TO FORM:
Je e T. ching, City Attor y
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. 2015-174 to be the original ordinance adopted by the City Council
of the City of Menifee on August 5, 2015 and that said ordinance was published in
accordance with the
law.
Date:
Kathy Bennett, City Clerk
3
EXHIBIT 66
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Garbani Tract Change Of Zone
Change Of Zone No. 2014-072
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Scott A. Mann
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
John V. Denver CITY OF MENIFEE )
Mayor Pro Tem
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing
Greg August Ordinance No. 2015-174 was duly adopted by the City Council of the City of Menifee
Councilmember at a meeting thereof held on the 51h day of August, 2015 by the following vote:
Matthew Liesemeyer Ayes: August, Denver, Liesemeyer, Mann
Councilmember Noes: None
Absent: None
Vacant Abstain: None
Councilmember
District 3
Katy ennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnen1fee.us