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2015-178 Cimarron Ridge CZ2014-017 ORDINANCE NO. 2015-178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 2014-017, TO CHANGE THE ZONING CLASSIFICATION OF A 240.3-ACRE AREA FROM ONE-FAMILY DWELLINGS (R-1), ONE-FAMILY DWELLINGS 10,000 SQUARE FOOT MINIMUM (R-1-10,000), AND OPEN AREA COMBINING ZONE (R-5) TO SPECIFIC PLAN (SP) WHEREAS, on February 6, 2014, the applicant, Cimarron Ridge, LLC, filed a formal application with the City of Menifee for Change of Zone No. 2014-017 (the"Project") to change the zoning classification of the property identified as APNs 330-220-004, 330- 220-005, 330-220-007, 330-220-008, 330-220-010, 330-220--011, 330-220-012, 330- 220-013, 330-230-003, 330-230-010, 330-230-013, 330-230-015, 330-230-029, 330-230- 032, 330-230-034, 330-230-035, 330-230-036, 330-230-037, 330-230-038, 330-230-039, 330-230-040, 330-230-041, 335-070-036, 335-070-037, 335-070-038, 335-070-039, 335- 070-040, 335-070-041, 335-070-046, 335-070-047, 335-070-048, 335-430-017 from One- Family Dwellings (R-1), One-Family Dwellings 10,000 square foot minimum (R-1-10,000), and Open Area Combining Zone (R-5) to Specific Plan (SP); and WHEREAS, on August 12, 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. 2014-017, which hearing was publicly noticed on July 31, 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 August 12, 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. 2014-017 with the provision that no residential lots are less than 6,000 square feet; and, WHEREAS, on October 21, 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 Environmental Impact Report,for Change of Zone No. 2014-017, 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 October 21, 2015, the City Council introduced the ordinance for first reading and scheduled the second reading and adoption of the ordinance for November 4, 2015; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEARBY ORDAIN AS FOLLOWS: Section 1. The above recitals are true and correct and incorporated herein. Ordinance No 2015-178 Cimarron Ridge CZ 2014-017 Section 2. The City Council, in light of the whole record before it including but not limited to the staff report dated October 21, 2015, and the CEQA Guidelines, Certified the Environmental Impact Report and Adopted a Statement of Overriding Considerations for the Project pursuant to Resolution No. 15-465. Section 3. In accordance with the provisions of the City of Menifee General Plan and Zoning Ordinance, the City Council hereby makes the following findings for Change of Zone No. 2014-017: The proposed change of zone is in conformance with the adopted General Plan for the City. The current 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 are designated Public Utility Corridor (PUC) and Economic Development Corridor (EDC). Properties to the east are designated 2.1 to 5 Dwelling Units per Acre Residential (2.1-5R) and 5.1 to 8 Dwelling Units per Acre Residential (5.1-8R). Properties to the south are designated as 2.1 to 5 Dwelling Units per Acre Residential (2.1-5R). Properties to the west are within the City of Perris. The project proposes to change the zoning to allow the development of 756 single family residences on 240.3 acres for a density of 3.1 dwelling units per acre. Therefore, the proposed project is consistent with the General Plan land use designation of 2.1-5R. The associated General Plan Amendment 2014-016 application pursuant to Resolution PC 15-224 proposes to amend the land use designation on the project site from 2.1-5R to Specific Plan (SP)to reflect the proposed Cimarron Ridge Specific Plan (Specific Plan 2013-247) and its land use designations pursuant to Resolution PC 15-223. The proposed Tentative Tract Map is consistent with the proposed Cimarron Ridge Specific Plan and its land use designations. The associated General Plan Amendment 2014-016 application pursuant to Resolution PC 15-224 also proposes a technical correction to rectify mapping errors which resulted in inaccurate depictions of the alignment of Goetz Road. In addition, the Change of Zone is consistent with the following General Plan goals and policies in particular: Goal 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. 2 Ordinance No 2015-178 Cimarron Ridge CZ 2014-017 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. LU-1.5 Support development and land use patterns, where appropriate, that reduce reliance on the automobile and capitalize on multimodal transportation opportunities. LU-1.6 Coordinate land use, infrastructure, and transportation planning and analysis with regional, county, and other local agencies to further regional and sub-regional goals for jobs- housing balance. LU-1.7 Ensure neighborhood amenities and public facilities (natural open space areas, parks, libraries, schools, trails, etc.) are distributed equitably throughout the City. LU-1.8 Ensure new development is carefully designed to avoid or incorporate natural features, including washes, creeks, and hillsides. LU-1.9 Allow for flexible development standards provided that the potential benefits and merit of projects can be balanced with potential impacts. LU-1.10 Buffer sensitive land uses, such as residences, schools, care facilities, and recreation areas from major air pollutant emission sources, including freeways, manufacturing, hazardous materials storage, and similar uses. HE-1.1: Specific Plans. Support residential growth and infill in specific plan areas and along corridors where comprehensive neighborhood planning is completed and adequate infrastructure is planned. HE-1.2: Housing Design. Require excellence in housing design with materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive design practices. HE-1.3: Housing Diversity. Provide development standards and incentives to facilitate a range of housing, such as single family, apartments, senior housing, and other housing types in rural, suburban, and urban settings. HE-2.4 Parks and Recreation. Enhance neighborhood livability and sustainability by providing parks and open spaces, planting 3 Ordinance No 2015-178 Cimarron Ridge CZ 2014-017 trees, greening parkways, and maintaining a continuous pattern of paths that encourage an active, healthy lifestyle. HE-2.5 Public Facilities and Infrastructure. Provide quality community facilities, infrastructure, traffic management, public safety, and other services to promote and improve the livability, safety, and vitality of residential neighborhoods. Goal C-1: A roadway network that meets the circulation needs of all residents, employees, and visitors to the City of Menifee. 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-1.4 Promote development of local street patterns that unify neighborhoods and work with neighboring jurisdictions to provide compatible roadway linkages at the City limits. Goal C-2: A bikeway and community pedestrian network that facilitates and encourages non-motorized travel throughout the City of Menifee. 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-2.3 Require walkways that promote safe and convenient travel between residential areas, businesses, schools, parks, recreation areas, transit facilities, and other key destination points. C-2.4 Explore opportunities to expand the pedestrian and bicycle networks; this includes consideration of utility easements, 4 Ordinance No 2015-178 Cimarron Ridge CZ 2014-017 drainage corridors, road rights-of-way and other potential options. Goal OSC-1:A comprehensive system of high quality parks and recreation programs that meets the diverse needs of the community. OSC-1.1 Provide parks and recreational programs to meet the varied needs of community residents, including children, youth, adults, seniors, and persons with disabilities, and make these facilities and services easily accessible and affordable to all users. OSC-1.2: Require a minimum of five acres of public open space to be provided for every 1,000 City residents. OSC-1.3: Locate and distribute parks and recreational facilities throughout the community so that most residents are within walking distance (one-half mile) of a public open space. OSC-1.4: Enhance the natural environment and viewsheds through park design and site selection while preserving sensitive biological, cultural and historic resources. OSC-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. OSC-4.1: Apply energy efficiency and conservation practices in land use, transportation demand management, and subdivision and building design. OSC-5.4: Establish clear and responsible policies and best practices to identify, evaluate, and protect previously unknown archaeological, historic, and cultural resources, following applicable CEQA and NEPA procedures and in consultation with the appropriate Native American tribes who have ancestral lands within the City. OSC-5.6: Develop clear policies regarding the preservation and avoidance of cultural resources located within the City, in consultation with the appropriate Native American tribes who have ancestral lands within the City. OSC-7.2: Encourage water conservation as a means of preserving water resources. OSC-7.5: Utilize a wastewater collection, treatment, and disposal system that adequately serves the existing and long-term needs of the community. 5 Ordinance No 2015-178 Cimarron Ridge CZ 2014-017 Goal OSC-8: Protected biological resources, especially sensitive and special status wildlife species and their natural habitats. OSC-8.1: Work to implement the Western Riverside County Multiple Species Habitat Conservation Plan in coordination with the Regional Conservation Authority. OSC-8.8: Implement and follow MSHCP goals and policies when making discretionary actions pursuant to Section 13 of the Implementing Agreement. Goal OSC-9:Reduced impacts to air quality at the local level by minimizing pollution and particulate matter. OSC-9.1: Meet state and federal clean air standards by minimizing particulate matter emissions from construction activities. OSC-9.3: Comply with regional, state, and federal standards and programs for control of all airborne pollutants and noxious odors, regardless of source. OSC-9.5: Comply with the mandatory requirements of Title 24 Part 11 of the California Building Standards Code (CALGreen) and Title 24 Part 6 Building and Energy Efficiency Standards. Goal OSC-10: An environmentally aware community that is responsive to changing climate conditions and actively seeks to reduce local greenhouse gas emissions. OSC-10.4: Consider impacts to climate change as a factor in evaluation of policies, strategies, and projects. Goal CD-1: A unified and attractive community identity that complements the character of the City's distinctive communities. CD-1.3 Strengthen the identity of individual neighborhoods/communities with entry monuments, flags, street signs, and/or special tree streets, landscaping, and lighting. Goal CD-3: Projects, developments, and public spaces that visually enhance the character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict. 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 6 Ordinance No 2015-178 Cimarron Ridge CZ 2014-017 placement of facilities; undergrounding, where possible; and aesthetic design (e.g., cell tower stealthing). CD-3.8 Design retention/detention basins to be visually attractive and well integrated with any associated project and with adjacent land uses. CD-3.9 Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance community safety. CD-3.10 Employ design strategies and building materials that evoke a sense of quality and permanence. 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. Goal CD-6: Attractive landscaping, lighting, and signage that conveys a positive image of the community. CD-6.1 Recognize the importance of street trees in the aesthetic appeal of residential neighborhoods and require the planting of street trees throughout the City. Goal S-1: A community that is minimally impacted by seismic shaking and earthquake-induced or other geologic hazards. S-1.1 Require all new habitable buildings and structures to be designed and built to be seismically resistant in accordance with the most recent California Building Code adopted by the City. Goal S-2: A community that has used engineering solutions to reduce or eliminate the potential for injury, loss of life, property damage, and economic and social disruption caused by geologic hazards such as slope instability, compressible, collapsible, expansive or corrosive soils, and subsidence due to groundwater withdrawal. 7 Ordinance No 2015-178 Cimarron Ridge CZ 2014-017 S-2.1 Require all new developments to mitigate the geologic hazards that have the potential to impact habitable structures and other improvements. S-2.3 Minimize grading and modifications to the natural topography to prevent the potential for man-induced slope failures. Goal N-9: Noise-sensitive land uses are protected from excessive noise and vibration exposure. N-1.1 Assess the compatibility of proposed land uses with the noise environment when preparing, revising, or reviewing development project applications. N-1.2 Require new projects to comply with the noise standards of local, regional, and state building code regulations, including but not limited to the City's Municipal Code, Title 24 of the California Code of Regulations, the California Green Building Code, and subdivision and development codes. 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. N-1.14 Minimize vibration impacts on people and businesses near light and heavy rail lines or other sources of ground-borne vibration through the use of setbacks and/or structural design features that reduce vibration to levels at or below the guidelines of the Federal Transit Administration. Require new development within 100 feet of rail lines to demonstrate, prior to project approval, that vibration experienced by residents and vibration-sensitive uses would not exceed these guidelines. N-1.15 Employ noise mitigation practices and materials, as necessary, when designing future streets and highways, and when improvements occur along existing road segments. Mitigation measures should emphasize the establishment of natural buffers or setbacks between the arterial roadways and adjoining noise-sensitive areas. 8 Ordinance No 2015-178 Cimarron Ridge CZ 2014-017 Section 4. The City Council hereby approves Change of Zone No. 2014-017 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 5. 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. This Ordinance shall take effect and be in full force and operation thirty (30) days after its adoption. Section 7. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law, and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City of Menifee. PASSED APPROVED AND ADOPTED this 4th day of November, 2015, by the following vote: AYES: . August, Denver, Liesemeyer, Man NOES: None ABSENT: None ABSTAIN: None Scott A. Mann, Mayor APPROVED AS TO FORM: J�py Aelching, City Att ey 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. 2015-178 to be the original ordinance adopted by the City Council of the City of Menifee on November 4, 2015 and that said ordinance was published in accordance with the law. Date: 4l1 Kathy Bennett, City Clerk 9