2016-191 Extension of the Life of Certain Plot Plans Beyond 5 Years ORDINANCE NO. 2016-191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, FINDING
THAT THE MUNICIPAL CODE AMENDMENT NO. 2016-037 IS EXEMPT FROM
ENVIRONMENTAL REVIEW AND AMENDING THE MENIFEE MUNICIPAL
CODE TO ALLOW FOR THE EXTENSION OF THE LIFE OF CERTAIN PLOT
PLANS BEYOND FIVE YEARS IN CERTAIN CIRCUMSTANCES
Whereas, on October 1, 2008, the City of Menifee incorporated, becoming the local
government authority for the City's corporate boundaries; and
Whereas, currently, Chapter 18.30 of Ordinance No. 348, as adopted by the City of
Menifee, states that plot plans must be used within two years from the effective date before the
approval for the plot plan expires, unless the conditions of approval provide a different timeframe;
and
Whereas, additionally, Chapter 18.30 of Ordinance No. 348 provides that the City can
grant an extension of the plot plan, so that the total time to use the plot plan does not exceed a
period of five years; and
. Whereas, the economic recession beginning in 2008 severely and negatively impacted
property owners in the City of Menifee and continues to impair the ability of property owners to
finance new retail, commercial, and light industrial development of their properties, which has led
to some property owners being unable to use their plot plans within the allotted amount of time;
and
Whereas, on February 24, 2016, the Planning Commission held a duly noticed public
hearing on the recommended Notice of Exemption and proposed Code Amendment No. 2016-
037, opened the hearing to public testimony, as well as reviewed all materials in the staff report
and accompanying documents, and adopted Resolution No. 16-255 recommending approval of
the attached ordinance; and
Whereas, on March 3, 2016, Code Amendment No. 2016-037 was publicly noticed within
The Press Enterprise, a newspaper of general circulation, for a public hearing before the City of
Menifee City Council scheduled for March 16, 2016; and
Whereas, on March 16, 2016, the City Council held a duly noticed public hearing on the
recommended Notice of Exemption and proposed Code Amendment; and;
Whereas, at the March 16, 2016 City Council public hearing, based upon the materials in
the staff report and accompanying documents, the Council considered the requirements of the
California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.)
with regard to the possible impacts the Code Amendment may have upon the environment; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN
AS FOLLOWS:
Section 1. The City Council hereby finds that the above recitals are true and correct and
incorporated herein.
Section 2. The City Council hereby finds that the proposed amendment to the Menifee
Municipal Code is consistent with the following Goals and Policies of the City's General Plan:
LAND USE ELEMENT
Goal LU-9: 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.
Policies
LU-1.9 Allow for flexible development standards provided that the potential benefits and
merit of projects can be balanced with potential impacts.
Goal LU-3: A full range of public utilities and related services that provide for the
immediate and long-term needs of the community.
Policies
LU-3.4: Require that approval of new development be contingent upon the project's ability
to secure appropriate infrastructure service
ECONOMIC DEVELOPMENT ELEMENT
Goal ED-1: A diverse and robust local economy capable of providing employment for all
residents desiring to work in the City.
Policies
ED-1.1 Focus economic development efforts on the primary objective of increasing the
number of jobs that pay above-average wages and salaries.
Section 3. Chapter 18.30 of Ordinance 348 of the Menifee Municipal Code is hereby
amended to include the following as subdivision (i):
"Notwithstanding the time limitations set forth in Section 18.30, after a discretionary
application is made and all fees are paid for commercial, retail, or light industrial projects, that
is/are non-residential, the Planning Commission may extend the duration of a plot plan beyond
five years and impose or modify conditions of approval, if the following findings are made: (1) that
for reasons beyond its control, the applicant was not able to commence construction pursuant to
the plot plan within the original approval period, (2) that the applicant has provided substantial
evidence to demonstrate that it will be able to complete construction pursuant to the plot plan
within the proposed period of extension, and (3)the applicant has demonstrated that the proposed
project will provide positive economic development benefits to the City. An extension may be
granted nunc pro tunc to the date of the most recent expiration date of the plot plan upon the
applicant's further showing of good cause for not seeking and obtaining an extension prior to the
most recent expiration date. The maximum total extension shall be ten (10)years from the original
approval date of the plot plan."
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Section 4. The City Council finds that Code Amendment No. 2016-037 is consistent with
the requirements of the City of Menifee Municipal Code regarding the process of amending the
Municipal Code.
Section 5. The City Council finds that the adoption of Code Amendment No. 2016-037
shall preserve the health, safety and general welfare of the residents and visitors to the City of
Menifee.
Section 6. 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 7. The City Council finds that the proposed ordinance is exempt from CEQA. The
adoption of the proposed ordinance does not fall within the definition of a "project" under the
California Environmental Quality Act ("CEQA") because it, as a narrative change to the Municipal
Code, does not have the potential for resulting in a direct or indirect physical change in the
environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not
result in direct or indirect physical changes in the environment(CEQA Guidelines 15378(b)(5)). In
addition, the adoption of the proposed ordinance is exempt from CEQA because there is no
possibility that the proposed ordinance, as a textural change to the Municipal Code, may have a
significant impact on the physical environment (CEQA Guidelines 15061) and per Section
15061(b)(3), because it can be seen with certainty to have no possibility of a significant effect
upon the environment.
Section 8. Effective Date. This ordinance shall take effect and be in full force and
operation thirty (30) days after its adoption.
Section 9. 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 6th day of April, 2016, by the following vote:
AYES: August, Denver, Liesemeyer, Mann, Sobek
NOES: None
ABSENT: None
ABSTAIN:N e
Scott A. Mann, Mayor
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APPROVED AS TO FORM:
Jeffrey T., elc 'g, City Attorney
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. 2016-191 to be the original ordinance adopted by the City Council of
the City of Menifee on April 6, 2016 and that said Ordinance was published in accordance with
the law.
Date:
Sar h A. Manwaring, City Clerk
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