2015-181 Thornton Project GPA2015-038 ORDINANCE NO. 2015-181
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA APPROVING GENERAL PLAN AMENDMENT NO. 2015-038 TO
CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF APN 335-481-
015 FROM COMMERCIAL RETAIL (CR) TO 8.1-14 DWELLING UNITS PER
ACRE— RESIDENTIAL (8.1-14R)
WHEREAS, pursuant to Government Code Section 65358, the City has considered less than
four proposed amendments to the City's General Plan in the year 2015; and
WHEREAS, on February 13, 2015, the applicant, John Trevor Sudweeks, the City initiated
General Plan Amendment No. 2015-038 (the "Project") to change the General Plan land use
designation for the property identified as APN 335-481-015, located at the northwest corner of
Murrieta Road and Thornton Avenue, from Commercial Retail (CR) to 8.1-14 Dwelling Units per
Acre — Residential (8.1-14R); and
WHEREAS, on August 26, 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 General Plan Amendment No. 2015-038, which hearing was
publicly noticed on August 14, 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, on August 26, 2015, the Planning Commission opened the public hearing and
continued the public hearing for General Plan Amendment No. 2015-038; and
WHEREAS, on September 23, 2015, the Planning Commission held a second duly noticed
public hearing on the Project, considered all public testimony as well as all materials in the staff
report and accompanying documents for General Plan Amendment No. 2015-038, which hearing
was publicly noticed on September 11, 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 September 23, 2015 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 General Plan Amendment No. 2015-038; and
WHEREAS, at the November 18, 2015 the City Council public hearing, based on the
materials in the staff report, accompanying documents and the recommendation of the Planning
Commission, the Council introduced the ordinance for first reading and scheduled the second
reading and adoption of the ordinance for December 2, 2015.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN
AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. Section 15162 of the California Environmental Quality Act (CEQA)
Guidelines states that the City may approve the project with the use of a prior CEQA document if
Ordinance No. 2015-181
GPA No. 2015-038
there are no substantial changes generated by the proposed project that might result in new
significant impacts, no substantial changes in circumstances have occurred that would result in
new significant impacts, and no new information is available which would show that the project
will have significant impacts. The City of Menifee General Plan Program EIR was certified on
December 18, 2013. This EIR evaluated the environmental impacts of future development that
would occur under the City's General Plan land use map.
Staff evaluated the proposed General Plan Amendment and determined that none of the above-
listed circumstances exist which would require additional environmental review.
The proposed General Plan Amendment (from Commercial Retail [C-R] to 8.1-14 Dwelling Units
per Acre — Residential [8.1-14R]) is anticipated to generate lesser impacts than those generated
under City's General Plan and the General Plan land use map, because the uses allowed under
the 8.1-14R designation would typically generate fewer average daily trips compared to those
uses allowed under the current General Plan land use designation of Commercial Retail (CR).
Therefore, the General Plan Amendment would not substantially change the impacts evaluated
in the General Plan Program EIR. No circumstances exist that would result in any new significant
impacts and no new information is available that would suggest new significant impacts may
occur. As such, no additional environmental review is required pursuant to CEQA Guidelines.
Section 3. In accordance with the provisions of the City of Menifee Zoning Ordinance,
the City Council hereby makes the following findings for General Plan Amendment No. 2015-038:
A. The proposed change does not involve a change in or conflict with the City's Vision or
Community Values as stated in the City of Menifee General Plan.
The project proposes to change the General Plan land use designation for the property
from Commercial Retail (CR) to 8.1-14 Dwelling Units per Acre— Residential (8.1-14R).
The project is surrounded to the north and west by properties designated as 2.1 to 5
Dwelling Units per Acre Residential (2.1-5R). To the east across Murrieta Road are
properties designated 5.1-8 Dwelling Units per Acre Residential (5.1-8R). To the south
across Thornton Avenue are properties designated Commercial Retail (CR).
The General Plan land use designation for the subject parcel is currently Commercial
Retail (CR). For historical context, the 2003 Riverside County Integrated Project (RCIP)
also designated the subject parcel as Commercial Retail (CR). Thus, the parcel's land
use designation has allowed for commercial uses since 2003. However, before that the
project's land use designation was 2 to 3 Dwelling Units per Acre (with a 5 dwelling unit
per acre senior bonus) Residential.
The General Plan Amendment, which would change the land use designation from CR to
8.1-14R, would provide greater consistency with the following General Plan Vision and
Community Values:
Vision (Point#1):
We have preserved our diverse mix of neighborhoods that provide an array of
housing choices for a variety of life stages and lifestyles that is unparalleled in the
Inland Empire.
The proposed 8.1-14R land use designation would allow for a wider spectrum of
housing types and price ranges, such as attached condominium units, within the
site's existing suburban setting.
Community Value (Point#2, Sub-point#3):
We value focused growth in particular areas of the City in order to retain ournatural
open space.
As stated above, the site is surrounded on the west, north, and east sides by
developed land. To the south is land which is currently designated CR according
to the General Plan. Development of the site in a manner consistent with the
proposed 8.1-14R designation would focus development within an already
developed area along a General Plan designated roadway (Murrieta Road) and
allow growth outside of the City natural open spaces.
Community Value (Point#2, Sub-point#4):
We value our ability to provide a broad range[du residential housing types for our
residents'life stages and lifestyles.
Refer to Vision (Point#1) above.
B. The proposed amendment would either contribute to the purposes of the General Plan or,
at a minimum, would not be detrimental to them.
The General Plan Amendment changing the land use designation from Commercial Retail
(CR) to 8.1-14 Dwelling Units per Acre — Residential (8.1-14R) would provide greater
consistency with the following General Plan policies:
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-1.4 Preserve, protect, and enhance established rural, estate, and
residential neighborhoods by providing sensitive and well-designed
transitions (building design, landscape, etc.) between these
neighborhoods and adjoining areas.
CD-3.1 Preserve positive characteristics and unique features of a site during
the design and development of a new project; the relationship to scale
and character of adjacent uses should be considered.
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.
If the subject site were developed under the proposed land use designation of 8.1-14R, it
would provide a wider spectrum of housing types (e.g., attached condominiums) and price
ranges than what is currently available. In addition, it would preserve and protect the
surrounding established residential neighborhoods by allowing a slightly higher density
residential development at the intersection of Thornton Avenue and Murrieta Road. This
Ordinance No. 2015-181
GPA No. 2015-038
would serve as an appropriate transition between the residential uses to the west and
north and the planned commercial uses to the south across Thornton Avenue and the
slightly higher density (existing) residential development to the east. Uses allowed within
the 8.1-14R land use designation would more closely match the character of the adjacent
uses to the west, north and east (single-family residential uses) than what would be
allowed under the current General Plan land use designation of CR, which allows for a
broad range of retail commercial uses. For these reasons, the proposed General Plan
Amendment No. 2015-038 is consistent with the City's General Plan purposes, including
the General Plan objectives, policies, and programs.
C. Special circumstances or conditions have emerged that were unanticipated in preparing
the General Plan.
As previously stated, before the Riverside County 2003 General Plan (RCIP)was adopted,
the project parcel's land use designation was 2 to 3 Dwelling Units per Acre Residential
(with a 5 dwelling units per acre senior bonus). The Riverside County 2003 General Plan
changed the parcel's land use designation to Commercial Retail (CR) and the City of
Menifee's General Plan later reaffirmed that CR designation in 2013 with adoption of its
own General Plan update.
Subsequently, in December 2013 the applicant applied to change the property's zoning
classification from One Family Dwellings — 10,000 Sq. Ft. Minimum (R-1-10,000) to
General Commercial (C-1/C-P) for consistency zoning purposes. When the project was
presented to the Planning Commission in March 2014, residents from the surrounding
community expressed their desire that the City change the property's land use designation
from CR to a residential designation. The Planning Commission later recommended and
the City Council adopt a resolution to initiate a General Plan Amendment to change the
property's land use designation from CR to a residential designation, such as the proposed
8.1-14R designation.
Because the desires of the community to preserve the property for residential use were
not known at the time the RCIP and the City's 2013 General Plan were adopted, this
expressed desire represents a newly emerged special circumstance that was not
anticipated when the General Plan was prepared.
Section 4. The City Council hereby adopts General Plan Amendment No. 2015-038
amending the official General Plan Land Use map of the City of Menifee by changing the land use
designation 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 2"d day of December, 2015, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Scott A. Mann, Mayor
APPROVED AS TO FORM:
Jeffr Iching, City Attor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, SARAH A. MANWARING, City Clerk of the City of Menifee, do hereby attest to and certify the
attached Ordinance No. 2015-181 to be the original ordinance adopted by the City Council of the
City of Menifee on December 2, 2015 and that said ordinance was published in accordance with
the law.
Date:
Sara A. Manwari g, ity Clerk
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Scott A. Mann
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
Greg August CITY OF MENIFEE )
Mayor Pro Tem
I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the
John V. Denver foregoing Ordinance No. 2015-181 was duly adopted by the City Council of the City of
Councilmember Menifee at a meeting thereof held on the 2°a day of December, 2015 by the following
vote:
Matthew Liesemeyer
Councilmember Ayes: August, Denver, Liesemeyer, Mann, Sobek
Noes: None
Lesa Sobek Absent: None
Councilmember Abstain: None
SS /a!h A. Manwaring, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us