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2018-257 Change of Zone No. 2017-140 - Menifee Valley Ranch Specific Plan No. 301 Ordinance No. 2018-257 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CHANGE OF ZONE NO. 2017-140 TO CHANGE THE ZONING ORDINANCE OF THE MENIFEE VALLEY RANCH SPECIFIC PLAN NO. 301 Whereas, on May 9, 2017, the applicant, CalAtlantic Homes, filed a formal application with the City of Menifee for the approval of a Change of Zone No. 2017-140 to revise the zoning ordinance of the Menifee Valley Ranch Specific Plan by changing the zoning classification of Planning Area 41 from "Commercial" to "Medium High Density Residential" (Planning Area 41A) and "Recreation Center" (416), amending the development standards of Planning Area 41, modifying the permitted uses, formalizing the revised boundaries for Planning Areas 41A and 41B and the elimination of Planning Area 42D, and amending the boundaries of various Planning Areas to reflect recorded tract maps within the Specific Plan; and Whereas, the Change of Zone No. 2017-140 was filed concurrently with an application for a Specific Plan Amendment (SPA 2016-140) which proposes to modify Planning Area 41 in the Menifee Valley Ranch Specific Plan (SP 301) by dividing it into Planning Areas 41A (13.9 acres) and 41B (1.1 acres), and an application for a Tentative Tract Map (TR 2016-139) which proposes a Schedule `A' subdivision of 19.32 acres into 80 single-family residential lots with a minimum lot size of 4,500 square feet, one (1) lot (Lot 81) containing a 1.1-acre recreation facility, two (2) lots (Lot 82 and 85) for the entry monuments, and two (2) open space lots (Lots 83 and 84) for perimeter slopes/landscaping within the existing Planning Area 41 (proposed Planning Areas 41A and 41 B); and, Whereas, on October 24, 2018, the Planning Commission held a public hearing on the Project and recommended that the City Council approve Change of Zone No. 2017-140; and, Whereas, on December 5, 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 19, 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 Addendum to the Environmental Impact Report (EIR) No. 423 for previously approved Specific Plan No. 301, Amendment No. 1 (SP301A1) has been prepared in compliance with the California Environmental Quality Act. The Addendum to the. EIR addresses impacts associated with the proposed Specific Plan Amendment, Change of Zone, and Tentative Tract Map. In the Addendum, it was found that with implementation of mitigation measures, the proposed project would not result in any new significant effects that were not previously identified in EIR No. 423. In addition, the proposed project would not require "major revisions" to the previous EIR. The project would not involve any new environmental impacts or substantially increase the severity of the previously identified significant impacts. Subsequent to the certification of EIR No. Page 2 of 4 Change of Zone No. 2017-140 December 19, 2018 423, no new information of substantial importance has become available which was not known at the time the previous EIR was prepared. 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: Policy LU-1.1: Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options. The proposed project is located within an urbanized area surrounded to the west and south by existing medium density residential subdivision and to the north by properties designated for residential use, and would, therefore, avoid and/or preserve rural areas of the City. Policy 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. The zone change allow for a broader mix of unit sizes (4,500 sq. ft.) and types which diversifies the Specific Plan area. Therefore, the Specific Plan provides a range of homeownership opportunities that allow potential residents to be able to afford to live and work in Menifee. Policy LU-1.5: Support development and land use patterns, where appropriate, that reduce reliance on the automobile and capitalize on multimodal transportation opportunities. Offsite improvements surrounding the project site include a paseo with meandering sidewalk and Class II bike lane along the project frontage on McCall Boulevard, Heritage Lakes Drive, and Briggs Road. Therefore, the Specific Plan is consistent with this goal. The Specific Plan includes an integrated system of off-street pedestrian paths that encourage non-vehicular circulation throughout the Specific Plan area. The paths provide pedestrian connections between the residential portions of the project and the on-site schools, the community park, the neighborhood parks, the lake, and the various greenbelts. Policy LU-1.7: Ensure neighborhood amenities and public facilities (natural open space areas, parks, libraries, schools, trails, etc.) are distributed equitably throughout the city. The change of zone allows for the recreational center to be located within the project site. This will further distribute recreational amenities, including an HOA- maintained community pool, throughout the Specific Plan area. Policy LU-1.9 - Allow for flexible development standards provided that the potential benefits and merit of projects can be balanced with potential impacts. Page 3 of 4 Change of Zone No. 2017-140 December 19, 2018 The intent of the Specific Plan is to allow for a degree of design flexibility to respond to future conditions. The change of zone continues to allow for flexibility in its development standards. 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. The proposed project is located within an urbanized area. The project is located within a Specific Plan. There is existing residential land uses to the west and south of the site and properties designated for residential and commercial use to the north and east, respectively. The proposed project will promote infill development and complements these existing and proposed adjacent land uses and fulfills the intent of the Specific Plan. Goal ED-3: A mix of land uses that generates a fiscal balance to support and enhance the community's quality of life. As a part of the project review, the Applicant submitted Fiscal Impact Analysis (FIA). This FIA was reviewed and it was determined the land use change from commercial to residential would have a negative fiscal impact. As such, the project has been conditioned to mitigate this impact of $1,123,640.60. The developer is required to submit fees at occupy in the amount of the net present value over 30 years. This equates to $14,045.50 per dwelling unit. Therefore, the project would generate no net negative fiscal impact. Policy ED-3.1: Incorporate short-term and long-term economic and fiscal implications of proposed actions into decision making. As previously mentioned, the developer is required to submit fees at occupancy to offset the project's impact to the City's General Fund and therefore the project would not create short- or long-term fiscal impacts as a result of the land use change from commercial to residential. 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 348.4389 is hereby amended by adding thereto a new Section 17.78 as provided in Exhibit "1" attached to this ordinance. 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. Page 4 of 4 Change of Zone No. 2017-140 December 19, 2018 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 fifth day of December 2018, and APPROVED AND ADOPTED THIS nineteenth day of December, 2018. Bill ZimrrtM, Mayor ATTEST: 1�dgl ? Sar h A. Manw in , City Clerk Approved as to form: JeJtKey T etching, City tto ney C k ry Oti. ;tAENIFE 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. 2018-257 was introduced by title on the 5th of December, 2018 and duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 19th of December, 2018 by the following vote: Ayes: Deines, Liesemeyer, Sobek, August, Zimmerman Noes: None Absent: None Abstain: None t r A. Manwaring, City Clerk I ORDINANCE NO. 348.XXXX 2 AN ORDINANCE OF THE CITY OF MENIFEE 3 AMENDING ORDINANCE NO. 348 RELATING TO ZONING 4 The City Council of the City of Menifee Ordains as Follows: 5 Section 1. Article XVIIa of Ordinance No. 348 is amended in its entirety and replacing to 6 read as follows: 7 SECTION 17.78 SP ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC PLAN NO. 8 301. 9 a. Planning Areas 1, 7A, 713, and 8 10 (1) The uses permitted in Planning Areas 1, 7A, 713, and 8 of Specific Plan No. 301 shall 11 be the same as those uses pennitted in Article VI, Section 6.1 of Ordinance No. 348., except that the 12 uses permitted pursuant to Section 6.1.a.(3), b.(1), (3) and (4), and c.(1) shall not be permitted. 13 (2) The development standards for Planning Areas 1, 7A, 7B and 8 of Specific Plan No. 14 301 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348., 15 except that the development standards set forth in Article VI, Section 6.2.c. and e.(4) shall be deleted 16 and replaced by the following: 17 A. The minimum average width of that portion of a lot to be used as a building 18 site shall be sixty feet(60') with a minimum average depth of one hundred feet(100'). "Flag" 19 lots shall not be permitted. 20 B. Chimneys and fireplaces shall be allowed to encroach into side yards a 21 maximum of two feet (2'). No other structural encroachments shall be permitted in the front, 22 side or rear yard except as provided for in Section 18.19 of Ordinance No. 348. 23 In addition,the following development standards shall also apply: 24 AA. In no case shall more than fifty percent (50%) of any lot be covered by 25 buildings or structures that are single-story and forty-five percent (45%) for those that 26 are two-story. 27 BB. Lots shall have a minimum usable pad area of not less than seven 28 thousand (7,000)square feet. 1 I CC. Interior side yards may be reduced to accommodate zero lot line 2 situations, except that, in no case shall the reduction in the side yard areas reduce the 3 separation between structures to less than ten feet(10'). 4 (3) Except as provided above, all other zoning requirements shall be the same 5 as those requirements identified in Article VI, respectively of Ordinance No. 348. 6 b. Planning Areas 2 and 6 7 (1) The uses permitted in Planning Areas 2 and 6 of Specific Plan No. 301 shall be the 8 same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses 9 permitted pursuant to Section 6.1.a.(3), b.(1), (3) and (4), and a(1) shall not be permitted. 10 (2) The development standards for Planning Areas 2 and 6 of Specific Plan No. 301 shall 11 be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that 12 the development standards set forth in Article VI, Section 6.2.b.,c.,d., and e.(2), and (4) shall be 13 deleted and replaced by the following: 14 A. Lot area shall be not less than six thousand (6,000) square feet. The 15 minimum lot area shall be determined by excluding that portion of a lot that is used solely 16 for access to the portion of a lot used as a building site. 17 B. The minimum average width of that portion of the lot to be used as 18 a building site shall be fifty feet (50') with a minimum average depth of ninety feet (90'). 19 "Flag" lots shall not be permitted. 20 C. The minimum frontage of a lot shall be fifty feet (50'), except that lots 21 fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five feet(35'). Lot 22 frontage along curvilinear streets may be measured at the building setback in accordance with 23 zone development standards. 24 D. Side yards on interior and through lots shall be not less than five feet (5') in 25 width. Side yards on corner and reversed corner lots shall be not less than ten feet (10') 26 from the existing street line or from any future street line, whichever is nearer the proposed 27 structure, upon which the main building sides, except that where the lot is less than fifty feet 28 (50') wide, the yard need not exceed twenty percent(20%) of the width of the lot. 2 I E. Chimneys and fireplaces shall be allowed to encroach into side yards a 2 maximum of two feet (2'). No other structural encroachments shall be permitted in the front, 3 side or rear yard except as provided for in Section 18.19 of Ordinance No. 348. 4 In addition, the following development standards shall also apply: 5 AA. In no case shall more than fifty percent (50%) of any lot be covered by 6 buildings or structures that are single-story and forty-five percent (45%) for those that 7 are two-story. 8 BB. Lots shall have a minimum net usable pad area of not less than 9 ninety-seven percent(97%) of the minimum lot area of the zone. 10 CC. Interior side yards may be reduced to accommodate zero lot line I1 situations, except that, in no case shall the reduction in the side yard areas reduce 12 the separation between structures to less than ten feet(10'). 13 (3) Except as provided above, all other zoning requirements shall be the same as those 14 requirements identified in Article VI of Ordinance No. 348. 15 C. Planning Area 3 16 (1) The uses permitted in Planning Area 3 of Specific Plan No. 301 shall be the same as 17 those uses permitted in Article VIII, Section 8.1 of Ordinance No. 348, except that the uses permitted 18 pursuant to Section 8.1.a.(3), (25)b.(1), (3)and (4), and c. shall not be permitted. 19 (2) The development standards for Planning Area 3 of Specific Plan No. 301 shall be the 20 same as those standards identified in Article VIII, Section 8.2 of Ordinance No. 348, except that the 21 development standards set forth in Article VII, Section 8.2.a., c., and d. shall be deleted and replaced 22 by the following: 23 A. The minimum lot area shall be five thousand (5,000) square feet with a 24 minimum average width of forty-five feet (45') and a minimum average depth of ninety feet 25 (90'). 26 B. Side yards on interior and through lots shall be not less than five feet (5') in 27 width. Side yards on corner and reversed corner lots shall be not less than ten feet (10') 28 from the existing street line or from any future street line, whichever is nearer the 3 I proposed structure, upon which the main building sides, except that where the lot is less than 2 forty-five feet (45') wide, the yard need not exceed twenty percent (20%) of the width of the 3 lot. No other structural encroachments shall be permitted in the front, side or rear yard except 4 as provided for in Section 18.19 of Ordinance No. 348. 5 C. All buildings and structures shall not exceed two (2) stories or thirty-five feet 6 (35') in height. 7 In addition, the following development standard shall also apply: 8 AA. Lots shall have a minimum net usable pad area of not less than ninety- 9 seven percent(97%) of the minimum lot size. 10 BB. The minimum frontage of a lot shall be forty-five feet(45'), except that 11 lots fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five feet(35'). 12 Lot frontage along curvilinear streets may be measure at the building setback in accordance 13 with zone development standards. 14 (3) Except as provided above, all other zoning requirements shall be the same as those 15 requirements identified in Article VIII of Ordinance No. 348. 16 d. Planning Areas 4A, 413, 10, 13, 22C, 27A, 27C, 27D, 27E, 27F, 38, 39A, 391342A 421342C, 17 and 42E. 18 (1) The uses permitted in Planning Areas 4A, 413, 10, 13, 22C, 27A, 27C,27D,27E, 19 27F, 38, 39A, 3913, 42A, 4213, 42C, and 42E of Specific Plan No. 301 shall be the same as those uses 20 permitted in Article VIIIe, Section 8.100 of Ordinance No. 348.3928, except that the uses permitted 21 pursuant to Section 8.100.a.(1), (2), (6) and (8), b.(1) and c.(1). shall not be permitted. In addition, the 22 permitted uses identified under Section 8.100.a. shall also include detention areas, greenbelts, lake, 23 open space, and public parks. 24 (2) The development standards for Planning Areas 4A, 413, 10, 13,22C, 27A,27C, 25 27D, 27E, 27F, 38, 39A, 3913, 42A, 4213, 42C, and 42E of Specific Plan No. 301 shall be the same as 26 those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348. 27 (3) Except as provided above, all other zoning requirements shall be same as those 28 requirements identified in Article VIIIe of Ordinance No. 348. 4 I e. Planning Areas 5A, 5B, 9.2213, 26, and 37. 2 (1) The uses permitted in Planning Areas 5A, 513, 9, 2213, 26, and 37 of Specific Plan No. 3 301 shall be the same as those uses permitted in Article VIIIe, Section 8.100 of Ordinance No. 348, 4 except that the uses permitted pursuant to Section 8.100.a.(1), (2), (6) and (8), b.(1) and c.(1) shall not 5 be permitted. In addition, the permitted uses identified under Section 8.100.a. shall also include public 6 parks and trails. 7 (2) The development standards for Planning Areas 5A, 513, 9, 2213, 26, and 37 of Specific 8 Plan No. 301 shall be the same as those standards identified in Article VIIIe, Section 8.101 of 9 Ordinance No. 348. 10 (3) Except as provided above, all other zoning requirements shall be the same as those 11 requirements identified in Article VIIIe of Ordinance No. 348. 12 f. Planning Area 11. 13 (1) The uses permitted in Planning Area 11 of Specific Plan No. 301 shall be the same 14 as those uses permitted in Article VIIIe, Section 8.100 of Ordinance No. 348 except that uses 15 permitted pursuant to Section 8.100.x. (1), (4), (6) and (8), b.(1) and c.(1) shall not be permitted. In 16 addition, the permitted uses identified under Section 8.100.a. shall also include open space. 17 (2) The development standards for Planning Area I 1 of Specific Plan No. 301 shall be 18 the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348. 19 (3) Except as provided above, all other zoning requirements shall be the same as those 20 requirements identified in Article VIIIe of Ordinance No. 348. 21 g. Planning Area 12A 22 (1) The uses permitted in Planning Area 12A of Specific Plan No. 301 shall be the same 23 as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted 24 pursuant to Section 6.1.a.(3) and (7), b.(1), (3)and (4), and c.(1)shall not be permitted. 25 (2) The development standards for Planning Area 12A of Specific Plan No. 301 shall be 26 the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the 27 development standards set forth in Article VI, Section 6.2.b., c.,d., and e.(2), and (4) shall be deleted 28 and replaced by the following: 5 I A. Lot area shall be not less than five thousand (5,000)square feet. The 2 minimum lot area shall be determined by excluding that portion of a lot that is used solely 3 for access to the portion of a lot used as a building site. 4 B. The minimum average width of that portion of the lot to be used as a 5 building site shall be forty-five feet(45')with a min-gimum average depth of ninety feet(90'). 6 "Flag" lots shall not be permitted. 7 C. The minimum frontage of a lot shall be forty-five feet (45'), except that lots 8 fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five feet(35'). Lot 9 frontage along curvilinear streets may be measured at the building setback in accordance with 10 zone development standards. 11 D. Side yards on interior and through lots shall be not less than five feet (5') in 12 width. Side yards on corner and reversed corner lots shall be not less than ten feet (10') 13 from the existing street line or from any future street line, whichever is nearer the proposed 14 structure, upon which the main building sides, except that where the lot is less than forty-five 15 feet (45') wide, the yard need not exceed twenty percent (20%) of the width of the lot. 16 Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of 17 two feet (2'). No other structural encroachments shall be permitted in the front, side or rear 18 yard except as provided for in Section 18.19 of Ordinance No. 348. 19 In addition, the following development standard shall also apply: 20 AA. In no case shall more than fifty percent (50%) of any lot be covered 21 by buildings or structures that are single-story and forty-five percent (45%) for 22 two-story. 23 BB. Lots shall have a minimum net usable pad area of not less than 24 ninety-seven percent(97%)of the minimum lot area size. 25 (3) Except as provided above, all other zoning requirements shall be the same as those 26 requirements identified in Article VI of Ordinance No. 348. 27 h. Planning Area 12B 28 (1) The uses permitted in Planning Area 12B of Specific Plan No. 301 shall be the same 6 I as those uses permitted in Article VIII, Section 8.1 of Ordinance No. 348, except that the uses 2 permitted pursuant to Section 8.La.(3), b.(1), (3) and (4), and c. shall not be permitted. 3 (2) The development standards for Planning Area 12B of Specific Plan No. 301 shall be 4 the same as those standards identified in Article VIII, Section 8.2 of Ordinance No. 348, except that 5 the development standards set forth in Article VII, Section 8.2.a., c., and d. shall be deleted and 6 replaced by the following: 7 A. The minimum lot area shall be five thousand (5,000) square feet. 8 B. Side yards on interior and through lots shall be not less than five feet (5') in 9 width. Side yards on comer and reversed corner lots shall be not less than ten feet (10') 10 from the existing street line or from any future street line, whichever is nearer the proposed 11 structure, upon which the main building sides, except that where the lot is less than forty-five 12 feet (45') wide, the yard need not exceed twenty percent (20%) of the width of the lot. 13 Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of 14 two feet(2'). No other structural encroachments shall be permitted in the front, side or rear 15 yard except as provided for in Section 18.19 of Ordinance No. 348. 16 In addition,the following development standard shall also apply: 17 AA. Lots shall have a minimum net usable pad area of not less than 18 ninety-seven percent(97%) of the minimum lot size. 19 BB. The minimum frontage of a lot shall be forty-five feet(45'), except that 20 the fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five 21 feet (35') measured along the right-of-way line. Lot frontage along curvilinear streets 22 may be measured at the building setback in accordance with zone development 23 standards. 24 (3) Except as provided above, all other zoning requirements shall be the same as those 25 requirements identified in Article VIII of Ordinance No. 348. 26 i. Planning Areas 14, 17, 22A, 23, 24, 31, 32, 33, 35 and 36 27 (1) The uses permitted in Planning Areas 14, 17, 22A, 23, 24, 31, 32, 33, 35 and 36 of 28 Specific Plan No. 301 shall be the same as those uses permitted in Article VI, Section 6.1 of 7 I Ordinance No. 348., except that the uses permitted pursuant to Section 6.La.(3), b.(1),(3) and (4), and 2 c.(1)shall not be permitted. 3 (2) The development standards for Planning Areas 14, 17, 22A, 23, 24, 31, 32, 33, 35 and 4 36 of Specific Plan No. 301 shall be the same as those standards identified in Article VI, Section 6.2 of 5 Ordinance No. 348., except that the development standards set forth in Article VI, Section 6.2.c., 6 6.2.e.(1) and (4) shall be deleted and replaced by the following: 7 A. The minimum average width of that portion of a lot to be used as a 8 building site shall be sixty feet (60') with a minimum average depth of one hundred feet 9 (100'). "Flag" lots shall not be permitted. 10 B. The front yard for living areas and porches shall not be less than fifteen feet 11 (15') from the existing street line or from any future street line, whichever is nearer the 12 proposed structure. The face of the garage shall be setback twenty feet (20'). In a side-entry 13 garage condition, the front yard shall not be less than fifteen feet (15'). For corner lots, the 14 front yard setback shall only apply from the front of the building to the lot frontage. The 15 distance from the street-side corner of the building to the lot corner cutback shall be considered 16 a portion of the side yard and adhere to side yard setback requirements. 17 C. Chimneys, fireplaces, media niches, and air conditioning units shall be allowed 18 to encroach into side and rear yards a maximum of two feet (2'). No other structural 19 encroachments shall be permitted in the front, side or rear yard except as provided for in 20 Section 18.19 of Ordinance No. 348. 21 In addition, the following development standards shall also apply: 22 AA. In no case shall more than fifty percent (50%) of any single-story and 23 forty-five percent of any two-story lot be covered by buildings or structures. 24 BB. Lots shall have a minimum usable pad area of not less than seven 25 thousand (7,000) square feet. 26 CC. Interior side yards may be reduced to accommodate zero lot line 27 situations, except that, in no case shall the reduction in the side yard areas reduce the 28 separation between structures to less than ten feet(10'). 8 1 (3) Except as provided above, all other zoning requirements shall be the same 2 as those requirements identified in Article VI, respectively of Ordinance No. 348. 3 j. Planning Areas 15, 20,25, and 29 4 (1) The uses permitted in Planning Areas 15, 20, 25, and 29 of Specific Plan No. 301 shall 5 be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the 6 uses permitted pursuant to Section 6.La.(3)and (7), b.(1), (3) and (4), and c.(1) shall not be permitted. 7 (2) The development standards for Planning Areas 15, 20, 25, and 29 of Specific Plan No. 8 301 shall be the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, 9 except that the development standards set forth in Article VI, Section 6.2.b., c.,d., and e.(1), (2), and 10 (4) shall be deleted and replaced by the following: 11 A. Lot area shall be not less than five thousand (5,000) square feet. The 12 minimum lot area shall be determined by excluding that portion of a lot that is used solely 13 for access to the portion of a lot used as a building site. 14 B. The minimum average width of that portion of the lot to be used as a 15 building site shall be fifty feet(50')with a minimum average depth of ninety feet(90'). 16 "Flag" lots shall not be permitted. 17 C. The minimum frontage of a lot shall be fifty feet (50'), except that lots 18 fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five feet(35'). Lot 19 frontage along curvilinear streets may be measured at the building setback in accordance with 20 zone development standards. 21 D. The front yard for living areas and porches shall not be less than fifteen feet (15') 22 from the existing street line or from any future street line, whichever is nearer the proposed 23 structure. The face of the garage shall be setback twenty feet (20'). In a side-entry garage 24 condition, the front yard shall not be less than fifteen feet(15'). For corner lots,the front yard 25 setback shall only apply from the front of the building to the lot frontage. The distance from 26 the street-side corner of the building to the lot corner cutback shall be considered a portion of 27 the side yard and adhere to side yard setback requirements. 28 E. Side yards on interior and through lots shall be not less than five feet (5') in 9 I width. Side yards on corner and reversed corner lots shall be not less than ten feet (10') 2 from the existing street line or from any future street line, whichever is nearer the proposed 3 structure, upon which the main building sides, except that where the lot is less than fifty feet 4 (50')wide,the yard need not exceed twenty percent(20%) of the width of the lot. 5 F. Chimneys, fireplaces, media niches, and air conditioner units shall be allowed 6 to encroach into side and rear yards a maximum of two feet (2'). No other structural 7 encroachments shall be permitted in the front, side or rear yard except as provided for in 8 Section 18.19 of Ordinance No. 348. 9 In addition, the following development standard shall also apply: 10 AA. In no case shall more than fifty percent (50%) of any lot be covered 11 by buildings or structures that are single-story and forty-five percent (45%) for those 12 that are two-story. 13 BB. Lots shall have a minimum net usable pad area of not less than 14 ninety-seven percent(97%)of the minimum lot area. 15 CC. Building separation between adjacent dwelling units shall not be less 16 than eight feet (8') provided that there is no less than a ten-foot (10') building 17 separation between the garages and any adjacent structure or dwelling. Building 18 separation shall mean the distance between the structural portions of adjoining 19 dwellings as measured from that point where the dwellings are nearest; provided, 20 however, that a yard encroachment permitted under Section 18.19 of Ordinance No. 21 348 shall not be considered a structural portion for the determination of building 22 separation. 23 DD. Interior side yards may be reduced to accommodate zero lot line 24 situations, except that, in no case shall the reduction in side yard areas reduce the 25 required separation between detached structures to less than ten feet(10'). 26 (3) Except as provided above, all other zoning requirements shall be the same as those 27 requirements identified in Article VI of Ordinance No. 348. 28 10 I k. Planniniz Areas 16, 18, 19, 30, 34A, &34B 2 (1) The uses permitted in Planning Areas 16, 18, 19, 30, 34A, and 34B of Specific Plan 3 No. 301 shall be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, 4 except that the uses pennitted pursuant to Section 6.1.a.(3), b.(1), (3) and (4), and c.(1) shall not be 5 permitted. 6 (2) The development standards for Planning Areas 16, 18, 19, 30, 34A, and 34B of 7 Specific Plan No. 301 shall be the same as those standards identified in Article VI, Section 6.2 of 8 Ordinance No. 348, except that the development standards set forth in Article VI, Section 6.2.b.,c.,d., 9 and e.(2), and (4) shall be deleted and replaced by the following: 10 A. Lot area shall be not less than six thousand (6,000) square feet. The 11 minimum lot area shall be determined by excluding that portion of a lot that is used solely for 12 access to the portion of a lot used as a building site. 13 B. The minimum average width of that portion of the lot to be used as 14 a building site shall be fifty feet (50') with a minimum average depth of ninety feet (90'). 15 "Flag" lots shall not be permitted. 16 C. The minimum frontage of a lot shall be fifty feet (50'), except that lots 17 fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five feet(35'). Lot 18 frontage along curvilinear streets may be measured at the building setback in accordance with 19 zone development standards. 20 D. The front yard for living areas and porches shall not be less than fifteen feet(15') 21 from the existing street line or from any future street line, whichever is nearer the proposed 22 structure. The face of the garage shall be setback twenty feet (20'). In a side-entry garage 23 condition, the front yard shall not be less than fifteen feet (15'). For corner lots,the front yard 24 setback shall only apply from the front of the building to the lot frontage. The distance from 25 the street-side corner of the building to the lot corner cutback shall be considered a portion of 26 the side yard and adhere to side yard setback requirements. 27 E. Side yards on interior and through lots shall not be less than five feet (5') in 28 width. Side yards on corner and reversed corner lots shall not be less than ten feet I1 1 (10') from the existing street line or from any future street line, whichever is nearer the 2 proposed structure, upon which the main building sides, except that where the lot is less than 3 fifty feet(50')wide, the yard need not exceed twenty percent(20%)of the width of the lot. 4 F. Chimneys, fireplaces, media niches, and air conditioning units shall be allowed 5 to encroach into side and rear yards a maximum of two feet (2'). No other structural 6 encroachments shall be permitted in the front, side or rear yard except as provided for in 7 Section 18.19 of Ordinance No. 348. 8 In addition,the following development standards shall also apply: 9 AA. In no case shall more than fifty percent (50%) of any single-story 10 and forty-five percent(45%) of any two-story lot be covered by buildings or structures. 11 BB. Lots shall have a minimum net usable pad area of not less than 12 ninety-seven percent(97%)of the minimum lot size. 13 CC. Interior side yards may be reduced to accommodate zero lot line 14 situations, except that, in no case shall the reduction in the side yard areas reduce 15 the separation between structures to less than ten feet(10'). 16 (3) Except as provided above, all other zoning requirements shall be the same as those 17 requirements identified in Article VI of Ordinance No. 348. 18 1. Planning;Areas 21 and 27 B 19 (1) The uses permitted in Planning Areas 21 and 27B of Specific Plan No. 301 shall be 20 the same as those uses permitted in Article VIIIe, Section 8.101 of Ordinance No. 348, except that the 21 uses permitted pursuant to Section 8.100.a.(1), (6) and (8), b.(1) and c.(1) shall not be permitted. In 22 addition, the permitted uses identified under Section 8.100.a. shall also include public parks. 23 (2) The development standards for Planning Areas 21 and 27B of Specific Plan No. 301 24 shall be the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348. 25 (3) Except as provided above, all other zoning requirements shall be the same as those 26 requirements identified in Article VIIIe of Ordinance No. 348. 27 M. Planning Area 28 28 (1) The uses permitted in Planning Area 28 of Specific Plan No. 301 shall be the same 12 I as those uses permitted in Article VI, Section 6.1. of Ordinance No. 348, except that the uses 2 permitted pursuant to Section 6.1.a.(3), b.(I), (3)and (4), and c.(1) shall not be permitted. 3 (2) The development standards for Planning Area 28 of Specific Plan No. 301 shall be 4 the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that 5 the development standards set forth in Article VI, Section 6.2.b.,c. e.(1) and (4) shall be deleted and 6 replaced by the following: 7 A. Lot area shall be not less than eight thousand (8,000) square feet. The 8 minimum lot area shall be determined by excluding that portion of a lot that is used solely 9 for access to the portion of a lot used as a building site. 10 B. The minimum average width of that portion of a lot to be used as a building 11 site shall be sixty-five feet (65') with a minimum average depth of one hundred feet 12 (100'). "Flag" lots shall not be permitted. 13 C. The front yard for living areas and porches shall not be less than fifteen feet 14 (15') from the existing street line or from any future street line, whichever is nearer the 15 proposed structure. The face of the garage shall be setback twenty feet (20'). In a side entry 16 garage condition, the front yard shall not be less than fifteen feet (15'). For corner lots, the 17 front yard setback shall only apply from the front of the building to the lot frontage. The 18 distance from the street-side corner of the building to the lot corner cutback shall be considered 19 a portion of the side yard and adhere to side yard setback requirements. 20 D. Chimneys, fireplaces, media niches, and air conditioning units shall be allowed 21 to encroach into side and rear yards a maximum of two feet (2'). No other structural 22 encroachments shall be permitted in the front, side or rear yard except as provided for in 23 Section 18.19 of Ordinance No. 348. 24 In addition, the following development standards shall also apply: 25 AA. In no case shall more than fifty percent (50%) of any lot be covered by 26 buildings or structures that are single-story and forty-five percent (45%) for those that 27 are two-story. 28 BB. Lots shall have a minimum usable pad area of not less than seven 13 I thousand (7,000) square feet. 2 CC. Interior side yards may be reduced to accommodate zero lot line 3 situations, except that, in no case shall the reduction in the side yard areas reduce 4 the separation between structures to less than ten feet(10'). 5 (3) Except as provided above, all other zoning requirements shall be the same as those 6 requirements identified in Article VI of Ordinance No. 348 7 n. Planning Area 40 8 (1) The uses permitted in Planning Area 40 of Specific Plan No. 301 shall be the same 9 as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses 10 permitted pursuant to Section 6.1.a.(3), b.(1), (3) and (4), and c.(1) shall not be permitted. 11 (2) The development standards for Planning Area 40 of Specific Plan No. 301 shall be 12 the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that 13 the development standards set forth in Article VI, Section 6.2.b., c., e.(1), and (4) shall be deleted and 14 replaced by the following: 15 A. Lot area shall be not less than nine thousand (9,000) square feet. The minimum 16 lot area shall be determined by excluding that portion of a lot that is used solely for access to 17 the portion of a lot used as a building site. 18 B. The minimum average width of that portion of a lot to be used as a building 19 site shall be sixty-five feet (65') with a minimum average depth of one hundred feet (100'). 20 "Flag" lots shall not be permitted. 21 C. The front yard for living areas and porches shall not be less than fifteen feet 22 (15') from the existing street line or from any future street line, whichever is nearer the 23 proposed structure. The face of the garage shall be setback twenty feet (20'). In a side-entry 24 garage condition, the front yard shall not be less than fifteen feet (15'). For corner lots, the 25 front yard setback shall only apply from the front of the building to the lot frontage. The 26 distance from the street-side corner of the building to the lot corner cutback shall be considered 27 a portion of the side yard and adhere to side yard setback requirements. 28 D. Chimneys, fireplaces, media niches, and air conditioning units shall be 14 I allowed to encroach into side and rear yards a maximum of two feet (2'). No other structural 2 encroachments shall be permitted in the front, side or rear yard except as provided for in 3 Section 18.19 of Ordinance No. 348. 4 In addition, the following development standards shall also apply: 5 AA. In no case shall more than fifty (50%) of any lot be covered by 6 buildings or structures that are single-story and forty-five percent (45%) for those that 7 are two-story. 8 BB. Lots shall have a minimum usable pad area of not less than seven 9 thousand (7,000) square feet. 10 (3) Except as provided above, all other zoning requirements shall be the same as those 11 requirements identified in Article VI of Ordinance No. 348. 12 0. Planning Area 41A 13 (1) The uses permitted in Planning Area 41 of Specific Plan No. 301 shall be the same as 14 those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the uses permitted 15 pursuant to Section 6.1.a.(3) and (7), b.(1), (3)and (4), and c.(1) shall not be permitted. 16 (2) The development standards for Planning Area 41A of Specific Plan No. 301 shall be 17 the same as those standards identified in Article VI, Section 6.2 of Ordinance No. 348, except that the 18 development standards set forth in Article VI, Section 6.2.b., c.,d., and e.(1), (2), and (4) shall be 19 deleted and replaced by the following: 20 A. Lot area shall be not less than four thousand five hundred (4,500) square feet. 21 The minimum lot area shall be determined by excluding that portion of a lot that is used solely 22 for access to the portion of a lot used as a building site. 23 B. The minimum average width of that portion of the lot to be used as a 24 building site shall be fifty feet(50')with a minimum average depth of ninety feet(90'). 25 "Flag" lots shall not be permitted. 26 C. The minimum frontage of a lot shall be fifty feet (50'), except that lots 27 fronting on knuckles or cul-de-sacs may have a minimum frontage of thirty-five feet(35'). Lot 28 frontage along curvilinear streets may be measured at the building setback in accordance 15 I with zone development standards. 2 D. The front yard for living areas and porches shall not be less than fifteen feet (15') 3 from the existing street line or from any future street line, whichever is nearer the proposed 4 structure. The face of the garage shall be setback twenty feet (20'). In a side-entry garage 5 condition, the front yard shall not be less than fifteen feet(15'). For corner lots, the front yard 6 setback shall only apply from the front of the building to the lot frontage. Tile distance from 7 the street-side corner of the building to the lot corner cutback shall be considered a portion of 8 the side yard and adhere to side yard setback requirements. 9 E. Side yards on interior and through lots shall be not less than five feet (5') in 10 width. Side yards on corner and reversed corner lots shall be not less than ten feet (10') 11 from the existing street line or from any future street line, whichever is nearer the proposed 12 structure, upon which the main building sides, except that where the lot is less than fifty feet 13 (50')wide, the yard need not exceed twenty percent(20%)of the width of the lot. 14 F. Chimneys, fireplaces, media niches, and air conditioner units shall be allowed 15 to encroach into side and rear yards (on the non-gated side) a maximum of two feet (2'). No 16 other structural encroachments shall be permitted in the front, side or rear yard except as 17 provided for in Section 18.19 of Ordinance No. 348. 18 In addition, the following development standard shall also apply: 19 AA. In no case shall more than sixty percent (60%) of any lot be covered 20 by buildings or structures that are single-story and fifty percent(50%)for those that are 21 two-story. 22 BB. Lots shall have a minimum net usable pad area of not less than 23 ninety-seven percent(97%) of the minimum lot area. 24 CC. Building separation between adjacent dwelling units shall not be less 25 than ten feet (10'). Building separation shall mean the distance between the structural 26 portions of adjoining dwellings as measured from that point where the dwellings are 27 nearest; provided, however, that a yard encroachment permitted under Section 18.19 of 28 Ordinance No. 348 shall not be considered a structural portion for the determination 16 I of building separation. 2 DD. Interior side yards may be reduced to accommodate zero lot line 3 situations, except that, in no case shall the reduction in side yard areas reduce the 4 required separation between detached structures to less than ten feet(10'). 5 (3) Except as provided above, all other zoning requirements shall be the same as those 6 requirements identified in Article VI of Ordinance No. 348. 7 P. Planning Area 41 B 8 (1) The uses permitted in Planning Area 41B of Specific Plan No. 301 shall be the same as 9 those uses permitted in Article VIIIe, Section 8.101 of Ordinance No. 348, except that the uses 10 permitted pursuant to Section 8.100.a.(1), (6)and (8), b.(1) and c.(1)shall not be permitted. 11 (2) The development standards for Planning Areas 41B of Specific Plan No. 301 shall be 12 the same as those standards identified in Article VIIIe, Section 8.101 of Ordinance No. 348, except 13 Section 8.101(b) shall be replaced with the following: 14 A. Whenever a building is to be constructed on a lot in this zone, it shall have a 15 front yard, side yard and rear yard, each of which shall not be less than ten (10') feet. If more than one 16 building is constructed on one lot, there shall be not less than 20 feet separation between the buildings. 17 No structural encroachments shall be permitted in the front, side, or rear yard except as provided for in 18 Section 18.19 of Ordinance No. 348. 19 (3) Except as provided above, all other zoning requirements shall be the same as those 20 requirements identified in Article VIIIe of Ordinance No. 348. 21 Section 2. This ordinance shall take effect 30 days after its adoption. 22 23 24 25 26 27 28 17 I CITY OF MENIFEE, STATE OF CALIFORNIA 2 By 3 Mayor, City of Menifee 4 ATTEST: 5 BY City Clerk 6 7 Approved as to form: 8 BY City Attorney 9 (SEAL) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18