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2015-182 Thornton Change of Zone 2015-039 ORDINANCE NO. 2015-182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CHANGE OF ZONE NO. 2015-039, TO CHANGE THE ZONING CLASSIFICATION OF APN 335-481-015 FROM ONE FAMILY DWELLINGS — 10,000 SQ. FT. MINIMUM (R-1-10,000) TO MULTIPLE FAMILY DWELLINGS (R-2) WHEREAS, on February 13, 2015, the applicant, John Trevor Sudweeks, filed a formal application with the City of Menifee for Change of Zone No. 2015-039 (the "Project") to change the zoning classification for the property identified as APN 335-481-015, located at the northwest corner of Murrieta Road and Thornton Avenue, from One Family Dwellings — 10,000 Sq. Ft. Minimum (R-1-10,000) to Multiple Family Dwellings (R-2); and WHEREAS, on August 26, 2015, the Planning Commission held a 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. 2015-039, which hearing was publicly noticed 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 Change of Zone No. 2015-039; 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 Change of Zone No. 2015-039, 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 Menifee Planning Commission recommended that the City Council approve Change of Zone No. 2015-039; 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 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 Ordinance No. 2015-182 CZ No. 2015-039 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 Change of Zone and determined that none of the above-listed circumstances exist which would require additional environmental review. The proposed Change of Zone (from R-1-10,000 to R-2) 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 R-2 zone 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 Change of Zone 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 Change of Zone No. 2015- 039: A. Consistency with the General Plan. The Change of Zone is consistent with the General Plan Land Use Map, Specific Plan (if applicable), and applicable General Plan objectives, policies, and programs. The General Plan land use designation for the subject parcel is Commercial Retail (CR). This designation is intended for neighborhood, local and regional serving commercial retail and service uses. 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). 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 parcel's land use designation was 2 to 3 Dwelling Units per Acre (with a 5 dwelling unit per acre senior bonus) Residential. The City is concurrently processing a General Plan Amendment (GPA 2015-038) with the Change of Zone. The proposed General Plan land use designation is 8.1-14 Dwelling Units per Acre — Residential (8.1-14R). The 8.1-14R designation is intended for single-family attached and detached residences with a density range of 8.1 to 14 dwelling units per acre. The project proposes to change the zoning of the subject parcel from One Family Dwellings — 10,000 Sq. Ft. Minimum (R-1-10,000) to Multiple Family Dwellings (R-2). Ordinance No. 2015-182 CZ No. 2015-039 Because the subject parcel is being proposed concurrently with GPA 2015-038 which proposes to change the General Plan land use designation from Commercial Retail (CR) to 8.1 to 14 Dwelling Units per Acre - Residential (8.1-14R) according to the City's General Plan, the requested zone change from R-1-10,000 to R-2 would bring the parcel into conformance with the amended General Plan designation of 8.1-14R. Therefore, the Change of Zone request would be consistent with the General Plan. In addition, the Change of Zone is consistent 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 zoning classification of R-2, it would provide a wider spectrum of housing types 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 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. Uses allowed under the R-2 zone 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 and zoning classification compatible with the CR designation, such as the City's Scenic Highway Commercial (C-P-S) or General Commercial (C-1/C-P) zones, which allow for a broad range of retail commercial uses. Lastly, the R-2 zone would facilitate a broader range of housing, such as attached condominium units within the site's existing suburban setting. For these reasons, the proposed Change of Zone No. 2015-039 is consistent with the City's General Plan Land Use Map and General Plan objectives, policies, and programs. B. Consistency with the Zoning Code. The change of zone is consistent with the zoning code. The project proposes to change the zoning classification of the subject parcel from One Family Dwellings — 10,000 Sq. Ft. Minimum (R-1-10,000) to Multiple Family Dwellings Ordinance No. 2015-182 CZ No. 2015-039 (R-2). No development plans and/or uses are proposed concurrently with this Change of Zone. The Change of Zone has been proposed to bring the parcel into conformance with the proposed General Plan land use designation of 8.1 to 14 Dwelling Units per Acre - Residential (8.1-14R). The current zoning classification of the subject parcel is not consistent with this proposed designation. The Change of Zone requires that projects be consistent with the General Plan and no discretionary permits can be issued if they are not consistent with the General Plan. The proposed zone change will result in consistency between the proposed General Plan land use designation and the zoning classification of the site and is consistent with the zoning code. C. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. Existing uses to the north include single-family residential homes on approximately 7,000 sq. ft. or larger lots. To the west are single-family residential uses on 8,000 sq. ft. or larger lots. Existing uses to the east include Murrieta Road, a mobile home park and additional single-family residential homes. To the south is Thornton Avenue and vacant, undeveloped land which is zoned and designated for commercial uses. Future development projects occurring on this property would be subject to development standards and General Plan policies which would ensure that the public's health, safety, and general welfare are protected through project design, including architecture, roadway design and improvements, drainage improvement, landscaping, etc. The proposed project is compatible with the present and future logical development of the area and provides an appropriate transition between the residential uses to the west and north and the planned commercial uses to the south across Thornton Avenue. Future development plans will be required to consider the location and need for dedication and improvement of necessary infrastructure, streets and sidewalks, including the avoidance of traffic congestion and will be required to account for treatment of stormwater flowing off the site. Environmental impacts resulting from development of the property were analyzed in the City's General Plan Program Environmental Impact Report (EIR). The proposed Change of Zone would change the allowable uses from more retail commercial-type uses to single-family attached and detached residential p uses, which is anticipated to decrease the expected average daily trips from the project site once a project is developed. This would in turn decrease impacts related to noise and air quality. Therefore, the project is not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. Section 4. The City Council hereby adopts Change of Zone No. 2015-039 amending the official zoning map of the City of Menifee by changing the zoning map as shown in attached Exhibit "1" to this Ordinance. Ordinance No. 2015-182 CZ No. 2015-039 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: August, Denve:r,Liesemeyer, Mann, Sobek NOES: None ABSENT: None ABSTAIN: None Scott A. Mann, Mayor APPROVED AS TO FORM: Jfrgy fdplching, City Attor ey CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH MANWARING, City Clerk of the City of Menifee, do hereby attest to and certify the attached Ordinance No. 2015-182 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: �1 Sarah A. Manwaring, City Clerk LJ l7