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2017-213 Siting of Wireless Communication Facilities ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE MENIFEE MUNICIPAL CODE CHAPTER 9.08 "SITING OF WIRELESS COMMUNICATION FACILITIES" AND ALLOWING FOR MODIFICATION OR VARIATIONS FROM CERTAIN DEVELOPMENT REQUIREMENTS AND STANDARDS WHEREAS, on February 16, 2010, the City Council approved Ordinance 2009-67 which added Chapter 9.08 "Siting of Wireless Communication Facilities", creating a process for review and approval of wireless communication facilities; and WHEREAS, on April 7, 2017, the applicant, Cortel for Verizon Wireless, filed a formal application with the City of Menifee for Development Code Amendment No. 2017-102 (the "Ordinance") to add a process by which an approval authority can revise certain development requirements and standards located in Chapter 9.08, upon a satisfactory showing by the applicant that that such revisions will not in a particular circumstance result in any adverse incompatibility, noise, visual or public safety impacts to surrounding properties given the project design and the location of the proposed facility and (b) that the overall intent and purpose of Chapter 9.08 will be maintained and preserved; and, WHEREAS, on April 26, 2017, the Planning Commission held a duly advertised public hearing on the Ordinance, opened the hearing to receive public testimony, and reviewed all written public comments, staff report materials and accompanying documents related to the Ordinance and considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts that the Ordinance may have upon the environment; and WHEREAS, at the April 26, 2017 Planning Commission public hearing, based upon all materials and testimony considered, the Planning Commission adopted a resolution recommending that the City Council find the Ordinance exempt from environmental review under the California Environmental Quality Act and adopt the Ordinance; and WHEREAS, on June 7, 2017, the City Council held a duly noticed public hearing concerning the Ordinance, introduced and conducted a first reading of the Ordinance, and considered testimony and evidence at the Public Hearing held with respect thereto; and WHEREAS, on June 21, 2017, the City Council conducted a second reading of the Ordinance; and WHEREAS, the City Council has considered the requirements of CEQA; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS: SECTION 1. That the City Council find, for the reasons detailed upon that Notice of Exemption, that the Ordinance is exempt from further environmental review and authorize staff to sign and forward the Notice of Exemption. SECTION 2. The City Council hereby finds that the Ordinance is consistent with the City's General Plan, including the following Goals and Policies of the City's General Plan: 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. Policy 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. Policy LU-3.1: Work with utility providers in the planning, designing, and siting of distribution and support facilities to comply with the standards of the General Plan and Development Code. Policy LU-3.2: Work with utility provides to increase service capacity as demand increases. Goal ED-1: A diverse and robust local economy capable of providing employment for all residents desiring to work in the city. Policy ED-1.4: Provide sufficient infrastructure to serve the full build out of the city. SECTION 3. The City Council of the City of Menifee finds that the Ordinance is consistent with the requirements of the City of Menifee Municipal Code regarding the process of amending the Municipal Code. SECTION 4. The City Council of the City of Menifee hereby amends Chapter 9.08 "Siting of Wireless Communication Facilities" of the Menifee Municipal Code by adding Section 9.08.040(F) to read as follows: (F) The approval authority is explicitly authorized and provided the discretion to allow for modifications or variations from the development requirements and standards listed in § 9.08.080—9.08.110, if the approval authority finds: (a) that such modification(s) or variation(s) will not result in any adverse incompatibility, noise, visual or public safety impacts to surrounding properties given the project design and the location of the proposed facility and (b)that the overall intent and purpose of Chapter 9.08 is maintained and preserved. SECTION 5. Notice of Adoption. 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. SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its adoption. SECTION 7. Severability. 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. This Ordinance was introduced and read on the 7th day of June, 2017 and APPROVED AND ADOPTED THIS 21St DAY OF JUNE, 2017. i Neil . Winter, Mayor Attest: S ah A. Manwaring, City Cler Approved as to form: Jef64 V Melching, Clttorney TY O ktAENIFE 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 foregoing Ordinance No. 2017-213 was duly adopted by the City Council of the City of Greg August Menifee at a meeting thereof held on the 21St of June, 2017 by the following vote: Councilmember Ayes: August, Denver, Liesemeyer, Sobek, Winter Noes: None Lesa A.Sobek Absent: None Councilmember Abstain: None John V. Denver Councilmember CISrah A. Manwarng, City Clerk 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 rvww.cityofinenifee.us