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2018-251 Amending Ord. No. 348 - land use planning and zoning regulations ORDINANCE NO. 2018-251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA AMENDING COUNTY OF RIVERSIDE ORDINANCE NO. 348, "PROVIDING FOR LAND USE PLANNING AND ZONING REGULATIONS AND RELATED FUNCTIONS OF THE COUNTY OF RIVERSIDE" AND COUNTY OF RIVERSIDE ORDINANCE NO. 348.3219, "AMENDING ORDINANCE NO. 348 RELATED TO ZONING" WHEREAS, upon its incorporation, the City of Menifee ("City") adopted Riverside County Land Use Ordinance No. 348 ("Ordinance No. 348") as the applicable land use code for the City pending completion of the City's own General Plan and Zoning Code; and WHEREAS, in 1990, the County of Riverside adopted Ordinance No. 348.3219, which amended portions of Ordinance No. 348 related to zoning within the boundaries of the Countryside Specific Plan, Specific Plan No. 194 ("Specific Plan No. 194"), in the City of Menifee; and WHEREAS, the current version of Ordinance No. 348, as amended through Ordinance No. 348.4835, with an effective date of July 21, 2016, establishes land use regulations for properties in the County, including certain portions of property in the City of Menifee within the boundaries of Specific Plan No. 194; and WHEREAS, the City approved a Substantial Conformance to Specific Plan No. 194 in to modify the zoning regulations within the boundaries of Specific Plan No. 194; and WHEREAS, the applicant now desires to amend the zoning regulations within the boundaries of Specific Plan No. 194 to replace the zoning regulations contained in the modification to Specific Plan No. 194 by amending County of Riverside Ordinance No. 348 and Ordinance No. 348.3219 and has filed an application for Change of Zone No. 2018-081; and WHEREAS, the current standards of Ordinance No. 348 and Ordinance No. 348.3219, as amended by this Ordinance, are in effect as of August 2018, but may be amended from time to time; and WHEREAS, on September 12, 2018, 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 September 12, 2018 Planning Commission public hearing, based upon all materials and testimony considered, the Planning Commission adopted a resolution recommending that the City Council adopt a Mitigated Negative Declaration for the project and adopt the Ordinance; and WHEREAS, on October 3, 2018, 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 October 17, 2018, the City Council conducted a second reading of the Ordinance; and WHEREAS, the City Council has considered the requirements of CEQA. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS: Section 1. An Initial Study / Mitigated Negative Declaration (IS/MND) pursuant to the California Environmental Quality Act (CEQA) was prepared for the project. In the MND, it was found that with implementation of mitigation measures, the proposed project would not result in any significant impacts. A Mitigation Monitoring and Reporting Plan (MMRP) was prepared, and identifies all mitigation measures that will be required for the project. 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-2: Thriving Economic Development Corridors that accommodate a mix of nonresidential and residential uses that generate activity and economic vitality in the City. Policy LU-2.1: Promote infill development that complements existing neighborhoods and surrounding areas. Infill development and future growth in Menifee is strongly encouraged to locate within EDC areas to preserve the rural character of rural, estate, and small estate residential uses. Goal ED-1: A diverse and robust local economy capable of providing employment for all residents desiring to work in the city. Policy ED-1.2: Diversify the local economy and create a balance of employment opportunities across skill and education levels, wages and salaries, and industries and occupations. Section 3. The City Council of the City of Menifee finds that the Ordinance is not anticipated to create conditions materially detrimental to the public health, safety or general welfare. Section 4. The City Council of the City of Menifee finds that the Ordinance is consistent with the requirements of the City of Menifee Municipal Code. Section 5. Ordinance 348.3219 is hereby amended by adding thereto a new Section 17.55 to read as follows: SECTION 17.55 SP ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 194. A. Planning Area 5A 1. The uses permitted in Planning Area 5A of Specific Plan No. 194 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348. 2. The development standards for Planning Area 5A of Specific Plan 194 shall be as follows: a. Building height shall not exceed three stories,with a maximum height of forty feet(40'). b. Building lot area shall not be less than seven thousand two hundred (7,200) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is solely for access to the portion of a lot used as a building site. c. The minimum width of that portion of a lot to be used as a building site shall be sixty feet (60') with a minimum average depth of one hundred feet (100'). That portion of a lot used for access on "flag" lots, or lots that do not front on a street but may be permitted upon a finding by the Planning Commission that it is impractical to develop a full street frontage lot due to topographical conditions, terrain or configuration of the parcel of land, shall have a minimum width of twenty feet (20'). d. The minimum frontage of a lot shall be sixty feet (60'), except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty five feet (35'). Lot frontage along curvilinear streets may be measured at the building setback in accordance with the applicable development standards for the property's zone. e. Minimum yard requirements are as follows: (1) The front yard shall not be less than fifteen feet (15'), measured from the existing street line or from any future street right-of-way, whichever is nearer the proposed structure. The front setback from a front-loaded garage shall be a minimum of twenty feet (20'). The front setback from a side-loaded garage shall be a minimum of fifteen feet (15). (2) Side yards on interior and through lots shall not be less than ten percent of the width of the lot, but not less than three feet (3') in width in any event. Side yards on corner and reversed corner lots shall not be less than ten feet (10) from the existing street line or from any future street right-of-way, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty feet (50) wide the side yard need not exceed 20 percent of the width of the lot. (3) The rear yard shall not be less than ten feet (10'). (4) No structural encroachments shall be permitted in the front, side or rear yard except as provided for in Section 18.19 of this Ordinance. Automobile storage space shall be provided as required by Section 18.12 of this Ordinance. (5) Lot Coverage: In no case shall more than 50% of any lot be covered by a dwelling. (6) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348. B. Planning Area 6. 1. The uses permitted in Planning Area 6 of Specific Plan No. 194 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348. 2. The development standards for Planning Area 6 of Specific Plan 194 shall be as follows: a. Building height shall not exceed three stories, with a maximum height of forty feet(40'). b. Lot area shall be not less than five thousand (5,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion used as a building site. c. The minimum average width of that portion of a lot to be used as a building site shall be forty-five feet (45') with a minimum average depth of one hundred feet (100'). That portion of a lot used for access on "flag" lots shall have a minimum width of twenty feet (20'). d. The minimum frontage of a lot shall be forty-five feet (45'). Lots fronting on knuckles or cul-de-sacs shall have a minimum frontage of thirty-five feet (35'). e. Minimum yard requirements are as follows: (1) The front yard shall be not less than fifteen feet (15'), measured from the existing street line or from any future street right-of-way, whichever is nearer the proposed structure. The front yard setback from a front-loaded garage shall be a minimum of twenty feet (20'). The front yard setback from a side-loaded garage shall be a minimum of fifteen feet (15'). (2) Side yards on interior and through lots shall not be less than five feet (5') in width. Side yards on corner or reversed corner lots shall not be less than ten feet (10) from the existing street line or future street right-of-way, whichever is nearer the proposed structure, upon which the main building sides. (3) Where a corner lot abuts a designated open space lot and the open space lot is a minimum of five feet (5') in width, the side yard setback shall be a minimum of five (5)feet; however, at no point shall the setback between a structure and a side yard perimeter wall be less than five feet (5'). (4) The rear yard shall not be less than ten feet (10'), except lots backing onto Holland Road, which shall have a 20 foot minimum setback from street right-of-way. (5) No structural encroachments shall be permitted in the front, side or rear yard setbacks except as provided for in Section 18.19 of this Ordinance. Automobile storage space shall be provided as required by Section 18.12 of this Ordinance. (6) Lot Coverage: In no case shall more than 50% of any lot be covered by a dwelling. (7) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VI of Ordinance No. 348. C. Planning Area 8A. 1. The uses permitted in Planning Area 9 of Specific Plan No. 194 shall be the same as those uses permitted in Article Ville, Section 8.100 of Ordinance No. 348. In addition to the uses identified in Section 8.100.A, parks, drainage facilities, exercise par courses, and trails shall also be permitted uses in Planning Area 8A. 2. The development standards for Planning Area 8A shall be the same as those standards identified in Article Ville, Section 8.101 of Ordinance 348. 3. Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article Ville of Ordinance No. 348. D. Planning Area 8B. 1. The uses permitted in Planning Area 9 of Specific Plan No. 194 shall be the same as those uses permitted in Article Ville, Section 8.100 of Ordinance No. 348. In addition to the uses identified in Section 8.100.A, parks, drainage facilities, exercise par courses, and trails shall also be permitted uses in Planning Area 8B. 2. The development standards for Planning Area 8B shall be the same as those standards identified in Article Ville, Section 8.101 of Ordinance 348. 3. Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article Ville of Ordinance No. 348. E. Planning Area 9. 1. The uses permitted in Planning Area 9 of Specific Plan No. 194 shall be the same as those uses permitted in Article Ville, Section 8.100 of Ordinance No. 348. In addition to the uses identified in Section 8.100.A, parks shall also be a permitted use in Planning Area 9. 2. The development standards for Planning Area 9 shall be the same as those identified in article Ville, Section 8.101 of Ordinance No. 348. 3. Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article Ville of Ordinance No. 348. E. Planning Area 10. 1. The uses permitted in Planning Area 10 of Specific Plan No. 194 shall be the same as those uses permitted in Article IX, Section 9.1 of Ordinance No. 348, except that the uses listed in Section 9.1.A(7) and (61); 9.1.6(1), (3), (12), (18) and (20); and 9.1.D(1), (2), (3), (4), (6), (7), (9), (10), (11) and (12) shall not be permitted. 2. The development standards for Planning Area 10 shall be the same as those standards identified in Article IX, Section 9.4 of Ordinance no. 348. 3. Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article IX of Ordinance no. 348. Section 6. 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 7. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its adoption. Section 8. 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 3rd day of October 2018, and APPROVED AND ADOPTED THIS 17th DAY OF OCTOBER, 2018 "gill immerman, Mayor Attest: `ara A. Manwaring City C Approved as to form: ffe Melching, Ci y ttorney G�TY p� MENIFEE 100, 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. 2018-251 was introduced by title on the 3 I of October, 2018 and duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 17th of October, 2018 by the following vote: Ayes: August, Denver, Liesemeyer, Sobek, Zimmerman Noes: None Absent: None Abstain: None A rySah A. Manwaring, City Cler