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2018-253 Approving CZ No. 2018-133
ORDINANCE NO. 2018-253 AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 2018-133, TO CHANGE THE ZONING CLASSIFICATION OF APN 331- 220-002 AND APN 331-220-003 FROM RURAL RESIDENTIAL (R-R) TO INDUSTRIAL PARK (I-P) 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, on May 25, 2018 James Cummings, on behalf of Ed Stoughton, filed a formal application with the City of Menifee for a Change of Zone, No. 2018-133 to allow for the change of zone of the project site (the"Project"), located south of Highway 74, east of Palomar road, and west of Menifee Road, from Rural Residential (R-R) to Industrial Park (I-P). WHEREAS, on September 26, 2018, the Planning Commission of the City of Menifee held a public hearing on the project, considered all public testimony as well as all materials in the staff report and accompanying documents, Change of Zone 2018-133 which a 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 700 feet of the project boundaries, and to persons requesting public notice; and WHEREAS, at the September 26, 2018 Planning Commission public hearing, based upon all materials and testimony considered, the Planning Commission adopted a resolution recommending that the City Council approve the Change of Zone for the project and adopt the Ordinance; and WHEREAS, on November 7, 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 December 5, 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, California does ordain as follows: Section 1. Environmental Determination. Per Section 15162 of the California Environmental Quality Act, No Further Environmental Documentation is required because (a) all potentially significant effects of the proposed project have been adequately analyzed in an earlier EIR (2013 General Plan Program EIR, SCH2012071033) adopted by the City of Menifee pursuant to applicable legal standards, (b) all potentially significant effects of the proposed project have been avoided or mitigated pursuant to that earlier EIR except those for which a statement of overriding considerations was adopted, (c) the proposed project will not result in any new significant environmental effects not identified in the earlier EIR, (d) the proposed project will not substantially increase the severity of the environmental effects identified in the earlier EIR, (e) no considerably different mitigation measures have been identified and (f) no mitigation measures found infeasible have become feasible. 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. 2018- 133. 1 City Council Resolution Change of Zone No. 2018-133 December 5, 2018 Page 2 of 4 (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 Business Park (BP). The BP land use designation allows for industrial and related uses including warehousing/distribution, assembly and light manufacturing, repair facilities, and business parks, including corporate offices. The project is surrounded to the north are Specific Plan (SP) Menifee North, and Business Park (BP) to the east, south, and west. The project propose to change the zoning of the subject parcels from Rural Residential (R-R) to Industrial Park (I-P). The zone change would also be consistent with the general plan land use designation of BP. The existing zoning, which would allow for the development of one-family dwellings, water works facilities, grazing of farm stock or animals, and other non-industrial uses, would not be consistent with the allowances of the General Plan land use designation of BP. 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-1.4 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. LU-1.9 Allow for flexible development standards provided that the potential benefits and merit of projects can be balanced with potential impacts. With the proposed zone change to I-P, the subject site would enhance the appropriate transitions between neighborhoods and adjoining industrial and commercial areas. The current R-R zone would not have sufficient transition from the land uses allowed under the BP designation. In addition, it would allow for later developments on the project site that would benefit the property and surrounding areas by adhering to the existing BP land use designation. For these reasons, the proposed Change of Zone No. 2018-133 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 Rural Residential (R-R). The project includes a change of zone from R-R to Industrial Park (I-P). The I-P zone allows for a variety of industrial uses, including public utility substations and storage buildings. Surrounding zoning includes Menifee North Specific Plan (SP) to the north, and Manufacturing Medium (M-M) to the east, south, and west of the property. The proposed rezone of the project site to I-P would provide for a smooth transition from manufacturing areas to the east, south, and west, and from Land Use 13 (Commercial/Business Park) of the Menifee North SP to the north of the property. 2 City Council Resolution Change of Zone No. 2018-133 December 5, 2018 Page 3 of 4 The existing zoning,which would allow for the development of one-family dwellings,water works facilities, grazing of farm stock or animals, and other non-industrial uses, is not consistent with the allowances of the General Plan land use designation of BP. (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. The surrounding land uses are Menifee North Specific Plan (SP) to the north, and Business Park (BP) to the south, east, and west. The Menifee North SP designated the parcels to the north as non-residential Commercial/Business Park. The Change of Zone is compatible with the surrounding land uses, General Plan land use designation, and zoning classifications. The projects impacts were analyzed in an earlier EIR (2013 General Plan Program EIR, SCH2O09091022). The project is not anticipated to create conditions materially detrimental to the public health, the 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. 2018-133 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. Severability. If any section, subsection, sentence, clause, or phrase 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, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 5. Effective Date. This ordinance shall take effect 30 days from the date of its adoption. Section 6. Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause 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, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c). 3 City Council Resolution Change of Zone No. 2018-133 December 5, 2018 Page 4 of 4 This Ordinance was introduced and read on the seventh day of November, 2018 and APPROVED AND ADOPTED this fifth day of December, 2018. Attest B' I tmerman, Mayor Sarah A. Manwaring, `City Cle Approved as to form: o4�15 i J rey T. Melching, Cit Trney 4 G%TY pp tAENIFEE 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. 2018-253 was introduced by title on the 7th of November, 2018 and duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 5th of December, 2018 by the following vote: Ayes: August, Denver, Liesemeyer, Sobek, Zimmerman Noes: None Absent: None Abstain: None J Sar h A. Manwarin , City Clerk A B C ' I I - LEWLOESCRIPTION POR.NE 141T M-R,R � , Real pmperly in the C4of Meilee,Coordyol lthe lde, J 1 _L —L— State d CaSiamia,deutl6ed a,f ll— .. ___—__ _—____ ______ _______L____ THAT PORTION OF SECTION 14,TOWNSHIP 5 SOUTH, °' x} — ------—— -- ecwl 'L--- — ---- — an wano Inr K WAGE 3WEST.BAN BDTNARDINO MERIDIAN,COUNTY Of m — RIVERSIDE,STATE OF CALIFORNIA.ACCORDING TO THE OFFICIAL PLAT F BEGINNING AT THEENLYFOLLOWS:AS NORTHEASTERLY CORNEAOOT 1116 AS SHOWN ON MAP OF ROMOLA FARMS NO.11. RECORDED IN BOOK 15,PAGE 32,OF MAPS,UI THE NL .,, < OFRCEOFTHE COUNTY RECORDER OFSAID COUNTY ARCHMCTS,INC THENCE SOUTH See 28'04*WEST.1.1131.57 FEET ON THE O NORTHERLY LINES OF LOTS 1116,1115 AND 1102OF 3255 Oleander Avenue p : _ I' Q § O C s e O K SAID ROMOIAFARMS NO.11.TOTHE TRUE POWTOF San Marcos,CalADmia92078 a - BEGINNING;THENCE CONTINUING SOUTH 89'28'04• WEST,450.DO FEET.THENCE SOUTH OO'IT 38-EAST, P.760.591.4555 EXISTING PARCEL EASTINGPARCEL EDASTING PARCEL 738.03 FEET;THENCE NORTH 89'28'04-EAST,450.00 E:imc@cta-architects.com EXISTING PARCEL APN:331-220-014 ARN:331-220-015 APN:331.220-022 FEET.THENCE NORTH 00813'38•WESL 738.03 FEET TO PROJECT LOCATION: APN:329-100-027 ZONE:M-M ZONE:M4A ZONE:M-M - THE TRUE POINT OF BEGINNING. Site located SOUTH OI State ZONE:MENIFEE NORTH SP SAID PROPERTY IS ALSO SHOWN ON THAT CERTAIN RECORD OF SURVEY RECORDED IN BOOK 118,PAGE 64 Highway 74 between Palomar _ __— _L—_ OF RECORDS OF SURVEY. Road BJuniperoRoad, APN:331-220-2-1 AND 331.220-om-2 Romoland,Menifee,CA 92585 nl 'SUBJECT GROUND ELEVATION SUBJECT f- a•e 1 APNs:331-220-0028003 I}'y, PARCEL 1.469.00.AMSL PARCEL I SUBJECT PARCELS: 5.17 AC 2.48 AC JOINT VENTURE DEVELOPERS: Iw a e f R APN:331-220-003/2.48 AC CBCILP/AlitaCapital Inc. E)IsnnG PARCEL I T O Y EXISTING ZONING:R-R 13795 Bla Bede l PI.,Ste 203 APN:329-1Do-= I a I PROPOSED ZONING:I-P Poway,CA 92064-8896/ ZONE:MEHIFFE NORTH SP I EXISTING ZONING I 1878 Camino Verde Ln. I APN: R-R APN:331.220.002/5.17 AC APN: Las V as,NV 89119-6013 PROPOSED ZONING "I EXISTING ZONING:R-R I 331-220.002 331-220.003 Y R PROPOSED ZONING:I-P I n I I l-P •°-'n g' O cI _ PROJECT NAME: Romoland - APN 331220-2: 331.220003: XItil PROJECT N: DOSTING PARCEL EXISTING PARCEL 18_554 PROPOSED USE WARDIOUSE STORAGE YARD 5 I —331— APN:331.2204%15 I I ARPRO%USEAREA Be. , 000 SF 581655E 5 ZONE:M-M ZONE:M-M i STORIES 1 i(CONTAINERS) CURRENT REVISION; BUILDING HEIGHT 30' 12 T 18 1 Mr74 LOUVERS I O i OCCUPANCY GROUP B,F,H,1,M,S.0 H,S,U 1 „ OCCUPANTLOAD 196 N/A I I SPRINKLERS Y N I s 1}1 •et I SHEETISSUED: a 9 F I ZONING LEGEND: "• 06/27/18 seas, _ 1.ve___ __—__—_____—_ _—____ R4T RURAL RESIDENTIAL — DRAWN BY: . __ .__- _ _ I-P INDUSTRIAL PARK JC 2 ___------' ___—__ � � �___I--_—————L__ — _ M-M MANUFACTURING-MEDIUM SCALE ` F MNSP MENIFEE NORTH SPECIFIC PLAN 1'=2OO'-O' 7 II I I All DRAWNGS,SPECRCATIONS, 0 N 11 I I rn DESGNSIDEAS,MDREPnESDRATiONS L I VICINITY-ROMOUN APN,: 331-220-0075.17 ACRES/225,205 SF FOUDFBTiDNARETIIE SOLE PROPERTY 'a d � 331-220-003;2.46 AC/107,158 SF UTILITY PURVEYORS CHANGE OF OFFICIAL ZONING PLAN o PROJECT LOCATION: SITE LOCATED SOUTH OF STATE HWM 74 OF CTA ARCHITECTS,INC RIS UNLAWFUL K WATER EASTERN MUNICIPAL WATERTER DI STRICT(951)928.3777 DISTRICT 6 BETWEEN PALOMAR RD B JUNIPERO RD, TO fAP71NPA9T OFF RIYADIE MODIFY -g �+ a 02SUNETHESECONTRRSVATH(M1T g SEINER SOUTHERN CALIFORNIAGAS DISTRICT(951)427-220D CHAAMENGE OF DINGOR ORDINANCE NUMBER CZ 201&133 ROMOl11.GRIL IEEE CALIFORNIA 92585 2 GAS SOUTHERN CALIFORIA GAS (800)427-2200 AMENDING ORDINANCE NUAIBFA 348 WAT ON THOMAS EROS,CODRD. PAGE BSB,GRID 14 i1E3R EtPRE55EDWR1iTBN CONSFM. 3 ELECTRIC SOUTHERN CALIFORNIA EDISON (600)9907788 ADOPTED BY ORDINANCE NUMBER Pa 74 CURRENT GEN PLAN DESIGNATION: BP-BUSINESS PARK TITLE: TELEPHONE VERIZON•BUSINESS (800)485-5DDO DATE CU ENTZONE R-R-RURAL RESIDENTIAL SITE REZONE R TRASH WASTE MNGMNTCO INLAND VALLEY (951)928-6561 CITY OF MENIFEE CITY COUNCIL SITE PROPOSED•CHANGE OF ZONE': 1-0-INDUSTRIAL PARK $ EXISTING USE: VACANTLOT CODES 2016_CBC,CMC,CEC,CFC,CPC,TITLE 24 CHANGE OF ZONE NO. 2018-133 NOTES: SCHOOL DISTRICT: ROMOLAND SCHOOL DISTRICT NUL,IBEF 1 m 1 111 =2001_011 �� THE EOJECTISNOT INASPECIFIC PLAN BOULDER RIDGE ELEMENTARY '1•U- COZ- 1 gi. Ou 50 100 150 2DO 3100 400 600 THERE ARE NO FEMA ROOD STUDIES FOR THIS AREA CUNNINGS '1 3]Oia ©CWYR1I" 201a-CIA ANCllLaCta.I, All rl,Ala reserre4