2016-206 Zone Change No. 2016-149 ORDINANCE NO. 16-206
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA APPROVING CHANGE OF ZONE NO. 2016-149, TO
CHANGE THE ZONING CLASSIFICATION OF A 59.04-GROSS ACRE
SITE FROM LIGHT AGRICULTURE — 2'/2 ACRE MINIMUM (A-1-2'/2) TO
ONE FAMILY DWELLINGS (R-1)
Whereas, on July 1, 2016, the applicant, KGK Riverside Properties, LLC filed a
formal application with the City of Menifee for Change of Zone No. 2016-149 (the
"Project") to change the zoning classification for the property located north of Scott Road
and south of Wickerd Road and bifurcated by Lindenberger Road (APNs: 372-160-006
to -008, -013 and 372-190-003) from Light Agriculture — 2'/z Acre Minimum (A-1-2'/) to
One Family Dwellings (R-1); and
Whereas, on October 12, 2016, 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. 2016-149, 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, at the October 12, 2016 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. 2016-149; and
Whereas, at the November 16, 2016 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 7, 2016.
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. 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.
2016-149:
(a) Consistency with the General Plan. The Change of Zone is consistent with the
General Plan Land Use Map and applicable General Plan objectives, policies,
and programs.
The General Plan land use designation for the subject parcel is 2.1-5 Dwelling
Units per Acre — Residential (2.1-5R). This designation is intended for single-
family detached and attached residences with a density range of 2 to 5 dwelling
units per acre.
The Project is surrounded to the east and west by properties designated as 2.1
to 5 Dwelling Units per Acre Residential (2.1-5R). To the west is also a property
designated as Public Facilities (PF). To the north and south are properties
designated Rural Residential — 2 Acre Minimum (RR2). Also, to the south are
properties designated as Medium Density Residential according to the Riverside
County General Plan Land Use Map.
Ordinance No. 16-206
Change of Zone No. 2016-149
December 7, 2016
For historical context, the 2003 Riverside County Integrated Project (RCIP) also
designated the proposed Project site as Medium Density Residential (MDR) (2-5
dwellings units per acre). Thus, the parcel's land use designation has allowed for
2-5 dwelling units per acre residential uses since 2003.
The Project proposes to change the zoning of the subject parcel from Light
Agriculture — 2'h Acre Minimum (A-1-2'h) to One Family Dwellings (R-1). The R-
1 zoning classification allows for "one-family dwellings, including mobile homes
on permanent foundations, limited agriculture, noncommercial keeping of horses
with a minimum lot of 20,000 sq. ft. and 100 ft. width, noncommercial keeping of
poultry and rabbits with minimum lot area of 1 acre, keeping of 2 sheep or goats
with minimum lot area of 2 acres, and home occupations. Mobile home parks
with approved conditional use permit."
Because the subject parcel has been designated as 2.1-5R according to the
City's General Plan, the requested zone change from A-1-2'/2 to R-1 would bring
the parcel into conformance with the General Plan. Therefore, the Change of
Zone request is consistent with the General Plan.
In addition, the Change of Zone is consistent with the following General Plan
policies:
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.
If and when a development project is proposed for the subject site, it would be
developed as medium density residential under the proposed zoning
classification. Locating medium density residential uses at the project site (i.e.,
along Scott Road) would focus growth in a key location where infrastructure is
available.
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.
Ordinance No. 16-206
Change of Zone No. 2016-149
December 7, 2016
If the subject site were developed under the proposed zoning classification of R-
1, 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. This would serve as an appropriate
transition between the Scott Road corridor to the south and the RR2 (Rural
Residential — 2 Acre Minimum) designated properties to the north, and would
provide continuity between the 2.1-5R designated properties to the east and
west. Uses allowed under the R-1 zone would more closely match the character
of the adjacent uses to the west, south, and east (single-family residential uses)
than what would be allowed under the current zoning classification of A-1-2%2.
For these reasons, the proposed Change of Zone No. 2016-149 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 parcels
from Light Agriculture — 2'/ Acre Minimum (A-1-2'h) to One Family Dwellings (R-
1). No development plans and/or uses have been proposed at this time. The
Change of Zone has been proposed to bring the parcels into conformance with
the current General Plan land use designation (i.e., 2.1-5R). The current zoning
classification of the subject parcel is not consistent with this designation.
The zoning code 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 General
Plan land use designation and the zoning classification of the site and is
therefore 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 vacant land. To the east and west are single-
family residential uses on approximately %-acre lots. To the south are single-
family residential uses on approximately 8,000 or larger sq. ft. lots, large lot (2
acre) residential properties, and vacant land. Also, to the west is the Revival
Christian Fellowship Church.
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 is consistent with the
residentially designated properties surrounding the Project site.
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 storm water offsite flows. Environmental impacts resulting from the
change in land use from residential use to commercial use were analyzed in the
City's General Plan Program Environmental Impact Report (EIR).
Ordinance No. 16-206
Change of Zone No. 2016-149
December 7, 2016
The Change of Zone for General Plan consistency purposes 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.
(d) Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
Section 15164 of the California Environmental Quality Act (CEQA) Guidelines
states that the City "shall prepare an addendum to a previously certified EIR if
some changes or additions are necessary but none of the conditions described in
Section 15162 calling for preparation of a subsequent EIR have occurred." The
conditions required in Section 15162 do not occur, such 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 environmental effects or a substantial increase in the severity of
previously identified significant effects" necessitating "major revisions of the
previous EIR or negative declaration"; no substantial changes in circumstances
have occurred that would "involve . . . new significant environmental effects or a
substantial increase in the severity of previously identified significant effects" that
would "require major revisions of the previous EIR or negative declaration"; and
no new information is available that would show that the "project will have one or
more significant effects not discussed in the previous EIR or negative
declaration," "significant effects previously examined will be substantially more
severe than shown in the previous EIR," and mitigation measures previously
found not feasible "would in fact be feasible and would substantially reduce one
or more significant effects of the project" or "are considerably different from those
analyzed in the previous EIR [and] would substantially reduce one or more
significant effect on the environment," "but the project proponents decline to
adopt the mitigation measure." 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 that would require additional environmental
review.
The proposed Change of Zone (from A-1-2'/2 to R-1) is considered consistency
zoning and conforms to the City's General Plan and the General Plan land use
map. Therefore, it 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, the City has prepared an addendum to the EIR, and no additional
environmental review is required pursuant to CEQA Guidelines.
Section 4. The City Council hereby adopts Change of Zone No. 2016-149
amending the official zoning map of the City of Menifee by changing the zoning map as
shown in attached Exhibit I" to this Ordinance.
1. That the City Council determine that the "Findings" set out above are true
and correct.
Ordinance No. 16-206
Change of Zone No. 2016-149
December 7, 2016
2. That the City Council finds that the facts presented within the public
record and within Planning Commission Resolution No. PC 16-280
provide the basis to approve Change of Zone No. 2016-149, and that the
Council approve said Change of Zone.
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 7th day of December, 2016.
Neil R. Wnter, Nkayor
APPROVED AS TO FORM:
r T. Melching, Ci torney
ATTEST:
S ah A. Manwaring, City Cler
C per ,
ivENIFEE.;
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STATE OF CALIFORNIA )
Neil R. Winter COUNTY OF RIVERSIDE ) ss
Mayor CITY OF MENIFEE )
Matthew Liesemeyer
Mayor Pro Tem
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the
Greg August foregoing Ordinance No. 2016-206 was duly adopted by the City Council of the City of
Councilmember Menifee at a meeting thereof held on the 7"' of December, 2016 by the following vote:
Lesa A.Sobek Ayes: August, Denver, Liesemeyer, Sobek, Winter
Councilmember Noes: None
Absent: None
John V. Denver Abstain: None
Councilmember
1
5Sah A. Man aring, City Cler
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.69.3843
ww.cityofinenifee.us