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2019-265 CZ No. 2017-092 on Northeast corner of Junipero and McCall ORDINANCE NO. 2019-265 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ADOPTING AN ORDINANCE TO APPROVE CHANGE OF ZONE NO. 2017-092 TO CHANGE THE ZONING DESIGNATION OF APN 337-070-009 FROM SCENIC-HIGHWAY COMMERCIAL TO GENERAL COMMERCIAL ON THE NORTHEAST CORNER OF JUNIPERO AND MCCALL Whereas, on March 30, 2017 Heritage Square, L.P., filed a formal application with the City of Menifee for a Change of Zone, No. 2017-094 to change the zoning classification of the property located on the northeast corner of Junipero Road and McCall Boulevard (APN 337-070-009) from Scenic Highway Commercial (C-P-S) to General Commercial (C-1/C-P) in order to allow the self-storage use.); and Whereas, on November 14, 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 2017- 092, which 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 a 1,000-foot radius of the project site, and to persons requesting public notice; and Whereas, at the November 14, 2018 Planning Commission 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 adopt Change of Zone No. 2017-092 but limit the area designated/changed to General Commercial to Parcel 1 as shown on the tentative parcel map (PM37642) only; 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 resolves as follows: Section 1. Environmental Determination. 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. 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. 2017-092: Change of Zone No. 2017-092 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 General Plan land use designation of the site is Commercial Retail (CR) 0.20 — 0.35 Floor Area Ratio (FAR) which is intended for "neighborhood, local, and regional serving retail and service uses." Surrounding land use designations are Residential (8.1-14R) to the north, Commercial Retail (CR) and Residential (2.1-5R) to the south, Menifee Valley Ranch Specific Plan to the east, and Public Facilities (PF) to the west. The Project proposal includes a Change of Zone (CZ) to change the zoning classification of the property located on the northeast corner of Junipero Road and McCall Boulevard (APNs 333-07-009) from Scenic Highway Commercial (C-P-S) to General Commercial (C-1/C-P) in order to allow the self-storage use. The existing General Plan Land Use Designation of Commercial Retail (CR) will be compatible with the proposed zoning classification of General Commercial (C-1/C-P) as the land use designation and zoning classifications both support commercial based uses. The proposed uses, self-storage facility (mini-warehouse) and gas station and convenience store with the concurrent sale of alcohol are allowed in the C-1/C-P zone with approval of a conditional use permit. In addition, the Change of Zone is consistent with the following General Plan policies: Policies LU-4.1: Ensure that land use decisions within the March Air Reserve Base and Perris Valley Airport areas of influence are consistent with applicable Airport Land Use Compatibility Plans. Comply with State law regarding projects subject to review by the Riverside County Airport Land Use Commission. The Riverside County Airport Land Use Commission (ALUC) staff reviewed the proposed Change of Zone. The site is located within Airport Compatibility Zone E of the March Air Reserve Base/Inland Port Airport Influence Area (AIA). Within Compatibility Zone E of the March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan, non- residential intensity is not restricted. The ALUC Director found that the proposed Change of Zone is consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan ("March ALUCP"). (B). Consistency with the Zoning Code. The change of zone is consistent with the zoning code. The zoning of the project site is Scenic Highway Commercial (C-P-S). The applicant has applied for an entitlement for a shopping center and self-storage facility. The shopping center, including the gas station and sale of beer and wine, are allowed in the Scenic Highway Commercial Change of Zone No. 2017-092 Page 3 of 4 zone. However, the existing zoning does not allow for self-storage uses, but this use is allowed in the General Commercial (C-I/C-P) zone, so the applicant has proposed to change a portion of the project site's zoning classification to General Commercial. The remainder of the site would continue to be zoned Scenic Highway Commercial. The Scenic Highway Commercial and General Commercial zones both allow for similar uses, but the Scenic Highway Commercial zone is more restrictive on specific uses, although the development standards are almost identical. Both zone classifications, Scenic Highway Commercial and General Commercial are compatible with the General Plan land use designation of the site as described in Section 1 above. Surrounding zoning classifications consist of One-Family Dwellings (R-1) to the north and west, Scenic Highway Commercial (C-P-S) to the south, and Specific Plan (SP) to the east. The proposed and existing zoning of the site is consistent with surrounding zones and project design will ensure compatibility of the commercial uses within the site with adjacent residentially zoned property. (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 zone change application is consistent with the General Plan and does not significantly change the existing zoning of the site (Scenic Highway Commercial). Project design will ensure compatibility of the commercial uses within the site with adjacent residentially zoned property. 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. 2017-092 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 Change of Zone No. 2017-092 Page 4 of 4 published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933 (c). This Ordinance was introduced and read on the 16th day of January, 2019 and APPROVED AND ADOPTED THIS 6th day of February, 2019. r,,/, ' Al--� Bill ZimmebfianWayor AttekManwarrl:r4� 'AdityClejr4k �a 'h i Approved as to form: oou J y , Melching, Cit rney r- a.,yce nnye+n v+�ner wwu Ku rl�ri•a•iima.w.-•ns.:..N,.<n.na..oe�, a I t$ LI I�i f 3N0Z d5 stub a9W, 1 33i1N3Vi L 0 C- n o__o z2 4 ty'`u iii 7 1. DLuovdimov ZNZfw fps N W Q x W LU 1 z w F— N z ai-m LL O Z 6 NNLL U N u' 6 W se I I J wm LU g o V F l N— 1 g I:. 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Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2019-265 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: Liesemeyer, Sobek, August, Zimmerman Noes: Deines Absent: None Abstain: None (Sa h A4Man rin , City Clerk