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2017-214 Change of Zone No. 2015-004 ORDINANCE NO. 17-214 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CHANGE OF ZONE NO. 2015-004, TO CHANGE THE ZONING CLASSIFICATION OF APN 360-150-019 FROM RESIDENTIAL AGRICULTURAL — 1 ACRE MINIMUM (R-A-1) TO ONE FAMILY DWELLINGS (R-1) Whereas, on January 7, 2015, the applicant, Rowland Development, filed a formal application with the City of Menifee for Change of Zone No. 2015-004 (the "Project") to change the zoning classification for the property identified as APN 360-150- 019 located south of Holland Road, north of Corson Road, and east of Evans Road from Residential Agricultural — 1 Acre Minimum (R-A-1) to One Family Dwellings (R-1); and Whereas, on April 12, 2017, 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. 2015-004, which hearing was publicly noticed on March 10, 2017 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 April 12, 2017 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. 2015-004; and Whereas, on June 7, 2017, the City Council of the City of Menifee 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. 2015- 004, which hearing was publicly noticed by a publication in The Press Enterprise (a newspaper of general circulation), an agenda posting, and notice to property owners within 300 feet of the Project Boundary, and to persons requesting public notice; and Now, therefore, the City Council of the City of Menifee does ordain as follows: Section 1: Environmental Determination. a) Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. A Mitigated Negative Declaration (MND) has been completed for the Change of Zone and has been adopted by the City Council pursuant to Resolution No. 17- 214. The potential environmental impacts from the Change of Zone at issue are fully analyzed in the MND, which the City Council has considered as part of its proceedings. No new environmental impacts have been identified, other than what was identified in the MND, and no further environmental review is required for this project. Section 2. Change of Zone Findings. In accordance with the provisions of the City of Menifee Zoning Ordinance, the City Council hereby makes the following finding(s) for Change of Zone No. 2015-004. 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. Change of Zone No. 2015-004 June 21, 2017 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 north by properties designated as Newport Estates Specific Plan. To the east and west are properties designated 2.1-5 Dwelling Units per Acre Residential (2.1-5R). To the south are properties designated 2.1-5R and Public Facilities (PF). The project proposes to change the zoning of the subject parcel from Residential Agricultural — 1 Acre Minimum (R-A-1) to One Family Dwellings (R-1). The R-A-1 zoning classification allows for one-family dwellings, including mobile homes on permanent foundations, and limited agriculture. However, the R-A-1 zone only allows such uses on lots equal to or greater than 1 acre. The R-1 zoning classification allows for one-family dwellings, including mobile homes on permanent foundations, and limited agriculture, but does not require lots to be equal to or greater than 1 acre. Because the subject parcel has been designated in the General Plan as 2.1-5R, the requested zone change from R-A-1 to R-1 would be consistent with the General Plan's intended density for the site. 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-1.2 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. With the proposed zone change to R-1, the project would provide for a spectrum of housing types and price ranges that allow those working in Menifee to also live in Menifee. In addition, it would preserve and protect the established residential neighborhoods and allow for one-family dwellings at a density of 2.1-5 dwelling units per acre at the intersection of Holland Road and Evans Road. This would serve as an appropriate transition between the more urbanized uses along Newport Road and Haun Road to the northeast of the project site and the more rural and estate residential uses further to the south and west of the project site. Uses allowed under the R-1 zone would more closely match the character and density of the adjacent existing uses to the west, the approved uses to the north, Change of Zone No. 2015-004 June 21, 2017 and the (General Plan) planned uses to the south and east (2.1-5R) than what would be allowed under the current zoning classification of R-A-1. For these reasons, the proposed Change of Zone No. 2015-004 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 Residential Agricultural — 1 Acre Minimum (R-A-1) to One Family Dwellings (R-1). The Change of Zone has been proposed to make the density of the subject site consistent with the General Plan land use designation of 2.1 to 5 Dwelling Units per Acre - Residential (2.1-5R). The proposed Change of Zone 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 west include single-family residential homes on approximately 8,700 sq. ft. or larger lots and a vacant parcel designated as 2.1- 5R. To the east and south is vacant land with a General Plan land use designation of 2.1-5R. Also to the south is the Paloma Valley High School (specifically, the school's baseball field). To the north is vacant land. A Tentative Tract Map has been approved for this land. The Tract Map would allow for single-family residential homes with lot size of 7,200 sq. ft. and greater. The Change of Zone is compatible with the surrounding land uses, General Plan land use designations, and zoning classifications. 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 3. Amendment to the Official Zoning Map The City Council hereby approves Change of Zone No. 2015-004 amending the official zoning map of the City of Menifee by changing the zoning map as shown in attached Exhibit 1" to this Ordinance. Section 4. Effective Date of Ordinance. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption. Section 5. 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, Change of Zone No. 2015-004 June 21, 2017 subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 6. City Clerk Action The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c). This Ordinance was introduced and read on the 7th day of June, 2017 and PASSED, APPROVED AND ADOPTED this 21St day of June, 2017. G Neil . Winter, Mayor ATTEST: r dibe, J" $a)6 A. Manw ring, City Cl Approved as to form: J e . Melching, y Attorney 2 ecax — �f _ —� _ .� 1' CORSON ROAD JI t / PR m wuir Or wnr ocauraR f — —.— k m Co Y m Z D - r `;i I '�I r I..t.III :•i o r-,�r�rr m n o 2 z � O ? r! nA AA ft .. ci o C) 1 m T 4 � mm 'TJ O mz A Z D'a to PROP6=RCM OF WAY MDI '.m ti OLZ 4ND ROAD I m --.� 'N874059'1N 88264 mCO I n ti to o 41m ZA2a o mO A z m x v a' N 04R£o" k v3b "� A, No az m x o m u � n a b x z/ o � g• UJ—� ��m C aAR�� O 3cl I y n $�$ N uR� ? 55 H ! $ Oma Nom � I z m Ow G!TYox� \. '1VIENIFEE:� 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. 2017-214 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 ()Sarh A. anwannig, City der 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofinenifee.us