2018-236 Ordinance No. 2018-236 Approving Change of Zone No. 2015-252, to Change the Zoning Classification of APN 331-090-008 From One Family Dwelling ORDINANCE NO. 2018-236
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, APPROVING CHANGE OF ZONE NO. 2015-252, TO
CHANGE THE ZONING CLASSIFICATION OF APN 331-090-008 FROM
ONE FAMILY DWELLINGS 10,000 SQ. FT. MINIMUM LOT SIZE (R-1-
10,000) TO GENERAL RESIDENTIAL (R-3)
Whereas, on November 13, 2015, the applicant, McLaughlin Apartments, LLC,
filed a formal application with the City of Menifee for the approval of Change of Zone No.
2015-252, from One Family Dwellings — 10,000 sq. ft. minimum (R-1-10,000) to General
Residential (R-3), for a 126 dwelling unit townhouse project (the "Project"), located at the
southeast corner of McLaughlin Road and Barnett Road, and immediately west of
Interstate 215 (1-215); and
Whereas, pursuant to the requirements of the California Environmental Quality
Act (CEQA), an Initial Study and Mitigated Negative Declaration ("IS/MND") has been
prepared to analyze and mitigate the project's potentially significant environmental
impacts; and
Whereas, between February 23, 2018 and March 28, 2018, the public review
period for the Draft IS/MND took effect, which was publicly noticed by a publication in a
newspaper of general circulation, notice to owners within 300 feet of the Project site
boundaries and to a development directly south of the property, and notice to related
agencies and government agencies; and
Whereas, on March 14, 2018, the Planning Commission of the City of Menifee
held a duly noticed public hearing on the Project, considered all public testimony, and
continued the project to March 28, 2018 in order for staff to re-notice and extend the
public review period for the Draft IS/MND due to a noticing error; and,
Whereas, on March 28, 2018, the Planning Commission of the City of Menifee
held a duly noticed public hearing on the Project, considered all public testimony, and
continued the project off calendar in order for staff to respond to comments received on
the Draft IS/MND and recirculation the revised document; and,
Whereas, between April 5, 2018 and April 25, 2018, the public review period for
the Revised and Recirculated Draft IS/MND took effect, which was publicly noticed by a
publication in a newspaper of general circulation, notice to owners within 300 feet of the
Project site boundaries and to a development directly south of the property, and notice to
related agencies and government agencies; and
Whereas, on April 25, 2018, the Planning Commission of the City of Menifee
held a duly noticed public hearing on the Project, considered all public testimony, and
continued the hearing date to May 9, 2018 at the request of the applicant, in order for the
entire Planning Commission to be present; and,
Whereas, on, May 9, 2018 the Planning Commission 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-
252, which hearing was publicly noticed on April 5, 2018 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
City Council Ordinance
Change of Zone No. 2015-252
July 18, 2018
Whereas, at the May 9, 2018 public hearing, based upon the materials in the
staff report and accompanying documents, public comment, and Planning Commission
discussion, the City of Menifee Planning Commission recommended that the City
Council approve Change of Zone No. 2015-252; and,
Whereas, on June 20, 2018, the City Council held a duly noticed public hearing
on Change of Zone No. 2015-252, considered all public testimony as well as all
materials in the staff report and accompanying documents, which hearing was publicly
noticed by a publication in the newspaper of general circulation, an agenda posting, and
notice to property owners within 300 feet of the project boundaries, and to persons
requesting public notice.
Now, therefore, the City Council of the City of Menifee does ordain as follows:
Section 1: Environmental Determination.
1. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
An Initial Study/Mitigated Negative Declaration (IS/MND) has been completed for
the Change of Zone and has been adopted by the City Council pursuant to
Resolution No. 18-692. The potential environmental impacts from the Change of
Zone at issue are fully analyzed in the IS/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 IS/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. 2015-252.
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 site's General Plan Land Use is 8.1 — 14 Dwelling Units Per Acre Residential
(8.1-14R). The 8.1-14R land use designation allows for single-family attached
and detached residences, including townhouses, stacked flats, courtyard homes,
patio homes, and zero lot line homes.
The project is surrounded to the north by properties designated Commercial in
the City of Perris. To the west are properties designated 2.1-5 Dwelling Units per
Acre Residential (2.1-5R). To the south are properties designated 5.1-8R. To
the east is Interstate 1-215.
The project proposes to change the zoning of the subject parcel from One-Family
Dwellings 10,000 sq. ft. minimum lot size (R-1-10,000) to General Residential (R-
3). The zone change would also be consistent with the existing general plan land
use designation of 8.1 — 14 Dwelling Units per Acre Residential (8.1-14R). The
existing zoning, which would allow for development of a residential project with
10,000 sq. ft. minimum lot sizes, would not be consistent with the density range
City Council Ordinance
Change of Zone No. 2015-252
July 18, 2018
of the General Plan land use designation. Therefore, the Change of Zone
request is consistent with the General Plan.
The project is consistent with the following City of Menifee 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.
With the proposed zone change to R-3, the subject site 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 8.1-14 dwelling
units per acre at the intersection of Barnett Road and McLaughlin Road. This
would serve as an appropriate transition between the more urbanized uses
planned to the north of the site and the less dense residential uses to the south
of the project site.
For these reasons, the proposed Change of Zone No. 2015-252 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 zoning of the project site is One Family Dwellings 10,000 sq. ft. minimum lot
size (R-1-10,000).
The project includes a change of zone from R-1-10,000 to General Residential
(R-3). The R-3 zone allows a wide variety of uses including (but not limited to)
one-family dwellings, field crops, nurseries, public parks, golf courses, home
occupations, accessory buildings, planned residential developments, churches,
hotels, and offices.
Surrounding zoning includes Mobile Home Subdivisions and Mobile Homes (R-T)
to the south, R-1-10,000 to the west, Rural Residential (R-R) to the northwest,
City of Perris (Commercial) to the north, and Scenic Highway Commercial (C-P-
S) to the east (on the east side of 1-215). The proposed rezone of the project site
to R-3 and the development of a townhouse development on the project site
would provide for a smooth transition from residentially zoned areas to the south
and west, to more intense commercial and office uses within zoning districts to
the north, northwest, and east. The zone change would also be consistent with
the existing General Plan land use designation of Residential 8.1 — 14 Dwelling
Units per Acre (8.1-14R). The existing zoning, which would allow for
development of a residential project with 10,000 sq. ft. minimum lot sizes, would
City Council Ordinance
Change of Zone No. 2015-252
July 18, 2018
not be consistent with the density range of the General Plan land use
designation.
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.
An existing single-family residential subdivision and vacant land to the west of
the site are both designated as 2.1 — 5 Residential (2.1-5R) dwelling units per
acre. Existing residential to the south is designated 5.1-8 Residential (2.1-5R).
Adjoining parcels to the north of the project site are within the City of Perris and
are designated as Community Commercial, while land to the northwest is
designated as Northern Gateway EDC (primarily office with some residential).
Land to the east of the project site consists of 1-215, and a commercial retail area
immediately east of 1-215. The project site is bounded by Barnett Road on the
west, McLaughlin Road on the north, and 1-215 on the east.
The Change of Zone is compatible with the surrounding land uses, General Plan
land use designations, and zoning classifications. The project's impacts were
analyzed in an IS/MND, which concluded that the project's impacts are less than
significant with mitigation. 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. 2015-252 amending the official
zoning map of the City of Menifee by changing the zoning map as shown in attached
"Change of Zone" exhibit provided with 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,
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).
City Council Ordinance
Change of Zone No. 2015-252
July 18, 2018
This Ordinance was introduced and read on the 20th day of June, 2018 and
PASSED, APPROVED AND ADOPTED this 18th day of July, 2018.
Approved:
Attest: Lesa A. obek, ayor Pro Tem
Sa h A. Manwa ing, City Clerk
Approved as to form:
J y VAelching, City o ey
G1TY pp
MENIFEE}
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Ordinance No. 2018-236 was introduced by title on the 20' of June, 2018 and duly adopted by
the City Council of the City of Menifee at a meeting thereof held on the 18th of July, 2018 by the
following vote:
Ayes: August, Denver, Liesemeyer, Sobek
Noes: None
Absent: None
Abstain: None
CS rah A.eManwaring, City er
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