2019-264 CZ No. 2018-158 AMR Specific Plan ORDINANCE NO. 2019-264
AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING CHANGE
OF ZONE NO. 2018-158, ALLOWING FOR A MAXIMUM LOT COVERAGE OF 60%
FOR PLANNING AREAS 1A, 1B, 4 THROUGH 7, 11A, 13, 16 AND 17 OF THE AUDIE
MURPHY RANCH SPECIFIC PLAN AS DESCRIBED IN THE SPECIFIC PLAN
SUBSTANTIAL CONFORMANCE DETERMINATION NO. 3
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 June 14, 2018, Sutter Mitland (hereafter referred to as the "Applicant") submitted
Planning Application No. 2018-149 for a Specific Plan Substantial Conformance Determination to an
approved Specific Plan (SP 209, Audie Murphy Ranch) and a change to the Specific Plan Zoning
Ordinance, Change of Zone No. 2018-158; and
WHEREAS, the Change of Zone application will allow for modifications to the existing SP 209
Zoning Ordinance text in order to increase the maximum allowable lot coverage for Planning Areas 1A,
1B, 4 through 7, 11A, 13, 16 and 17 from a maximum of 50% to a maximum of 60% as described in the
substantial conformance application (attached); and
WHEREAS, on November 28, 2018, the City of Menifee Planning Commission held a duly noticed
public hearing on Change of Zone No. 2018-158 (CZ 2018-158), based upon all public testimony as well
as materials in the staff report and accompanying documents, which hearing was publicly noticed by a
publication in a 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; and
WHEREAS, at the November 28, 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 January 16, 2019, 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 February 6, 2019, 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_All impacts related to the Substantial Conformance
Determination and the associated Change of Zone were previously analyzed in Environmental Impact
Report No. 436 (SCH 2001101080), which was prepared for the original Specific Plan No. 209 and
adopted by the Riverside County Board of Supervisors. Subsequent Addendums to the EIR have also
been adopted with the latest Addendum No. 6 being adopted by the Menifee City Council in 2014. Staff
has reviewed Addendum No. 6 to EIR No. 436 and the EIR and based on staff's review, all impacts
related to the Substantial Conformance Determination No. 3 and Change of Zone were analyzed in the
EIR and Addendum and no new environmental impacts have been identified. The previously prepared
1
Ordinance
Change of Zone No. 2018-158
Page 2 of 4
EIR and Addendum are still accurate and acceptable for this approval; therefore no further environmental
review is required.
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-
158.
(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 project site is designated Specific Plan (Audie Murphy Ranch Secific Plan) per the
City of Menifee's General Plan. The Specific Plan designates the property for single family
residential uses, parks, schools and open space. The proposed application does not
propose to modify the approved specific plan land uses. Under this Change of Zone
application, the maximum allowable lot coverage for Planning Areas 1 A, 1 B, 4 through 7,
11A, 13. 16 and 17 is proposed to be increased from a maximum of 50% to a maximum
of 60%. This modification is considered consistent with the Specific Plan land use
designations and the intent and purpose of the adopted Specific Plan.
Properties to the north of the affected Specific Plan areas include General Plan
designations of 2.1-5 Residential (2.1-5R) and Commercial Retail (CR), properties to the
south include the southern portion of SP#209 that lies south of Newport Road, properties
to the east include General Plan designations of 2.1-5 Residential (2.1-5R) and Open
Space Recreation (OS-R) and the 2.1-5 Residential (2.1-5R) and Commercial Retail (CR)
General Plan designations along with properties within the City of Canyon Lake can be
found to the west of the affected Specific Plan areas. As the proposed modifications are
consistent with the intent of the original specific plan and does not propose any land use
changes, the proposal and the Specific Plan remain compatible with the surrounding
areas.
The project is consistent with the following City of Menifee General Plan policies:
Land Use
■ LU-1.9 Allow for flexible development standards provided that the potential benefits
and merit of projects can be balanced with potential impacts.
Providing for an increase in the maximum allowable lot coverage allows additional
flexibility in the development standards for the specific plan as the plan currently restricts
all Planning Areas to a maximum lot coverage of 50% and the modification will increase
the maximum lot coverage to 60% for those Planning Areas that have not developed as
of yet. The increase in the allowable lot coverage will allow builders additional flexibility in
the product types that are chosen for the communities; thereby, improving the street scene
for those communities.
Therefore, based on the analysis provided noted above, the proposed Substantial
Conformance Application is consistent with the General Plan and Specific Plan.
(B). Consistency with the Zoning Code. The change of zone is consistent with the
zoning code.
2
Ordinance
Change of Zone No. 2018-158
Page 3 of 4
The project is zoned Specific Plan (SP 209-Audie Murphy Ranch). The modifications to
the maximum allowable lot coverage is considered to be consistent with the existing
zoning and applicable development standards of the Specific Plan.
Surrounding zoning designations include General Commercial (C-1/C-P), Residential
Agricultural (R-A) and One Family Dwellings (R-1)to the north, SP 209 to the south, One
Family Dwellings (R-1) to the east and the City of Canyon Lake to the west. The project
proposes modifications to an approved Specific Plan that was previously found to be
consistent with the surrounding zoning designations. As the proposed modifications are
consistent with the intent of the original Specific Plan, the surrounding zoning
classifications remain compatible with the Specific Plan zone of the project site.
(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.
Surrounding uses include single-family residences that either exist or are under
construction and some vacant land in all directions. Scattered, existing commercial uses
can be found to the west the affected Specific Plan areas in the City of Canyon Lake.
The planned residential uses and those that are currently under construction will be
developed on similarly sized lots and will be required to comply with similar development
standards that will also be applied to the homes built within the project area. The
proposed project is compatible with the surrounding land uses, General Plan land use
designations and zoning classifications. Therefore, 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. 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 4. Effective Date. This ordinance shall take effect 30 days from the date of its
adoption.
Section 5. 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
Ordinance
Change of Zone No. 2018-158
Page 4 of 4
This Ordinance was introduced and read on the 16th day of January, 2019 and APPROVED AND
ADOPTED this 61h day of February, 2019.
Bi Zimmerman, Mayor
Attest:
h A. Manwaring, City Cler
Approved as to form:
Jeffrey T. Melching, Ci� orney
Cpl
4
NIF
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. 2019-264 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 6th of February, 2019 by the following vote:
Ayes: Deines, Liesemeyer, Sobek, August, Zimmerman
Noes: None
Absent: None
Abstain: None
SarAA.tfanwa ng, City Clerk