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2019-270 Approving plan amendment no. 2013-046, amending sign standards within architecture design guidelines ORDINANCE NO. 2019-270 AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING SPECIFIC PLAN AMENDMENT NO. 2013-046, AMENDING THE SIGN STANDARDS WITHIN THE ARCHITECTURE DESIGN GUIDELINES OF SPECIFIC PLAN NO. 248, NEWPORT HUB WHEREAS, on February 28, 2013, the applicant, Steve Gibson, filed a formal application with the City of Menifee for an amendment to the Newport Hub Specific Plan No. 248 (SP 248) amending the sign standards found within the Architecture Design Guidelines of the Specific Plan located north of Newport Road, west of Interstate 215„ south of the Sal Creek Channel and east of the Paloma Wash within the City of Menifee (the "Project"); and WHEREAS, the Specific Plan Amendment application will allow for amendments to the existing SP 248 Architecture Design Guidelines in order to remove the restriction that limits the allowance of tenant wall signs to those tenants that have units that are a minimum of 5,000 square feet of floor area and remove the Planning Commission as the approval authority for all sign programs within the SP#248; and WHEREAS, on October 8, 2013, the City of Menifee Planning Commission held a duly noticed public hearing on Specific Plan Amendment No. 2013-046 (SPA 2013-046), based upon 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 October 8, 2013 Planning Commission public hearing, based upon all materials and testimony considered, the Planning Commission adopted a resolution recommending that the City Council approve the Specific Plan Amendment for the project and adopt the Ordinance; and, WHEREAS, on May 15, 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 June 5, 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 Specific Plan Amendment were previously analyzed in an Environmental Impact Report that was prepared for the original Specific Plan No. 248 and adopted by the Riverside County Board of Supervisors. Staff has reviewed the EIR and based on staff's review, all impacts related to the Specific Plan Amendment were analyzed in the EIR and no new environmental impacts have been identified. Therefore, no further environmental review is required. The previously prepared EIR is still accurate and acceptable for this approval. In addition, the project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites). 1 Ordinance Specific Plan Amendment No. 2013-046 June 5, 2019 Page 2 of 4 Section 2. Specific Plan Amendment Findings. In accordance with the provisions of the City of Menifee Zoning Ordinance, the City Council hereby makes the following finding(s) for Specific Plan Amendment No. 2013-046. (A). Consistency with the General Plan. The Specific Plan Amendment is consistent with the General Plan Land Use Map, Specific Plan, and applicable General Plan objectives, policies, and programs. The project site is designated Specific Plan (Newport Hub Specific Plan No. 248) per the City of Menifee's General Plan. The Specific Plan designates the property for retail commercial, office, business park, restricted business park and landscaping/open space uses. The proposed application does not propose to modify the approved specific plan land uses. Under this Specific Plan Amendment, the sign standards within the plan will be amended to remove the restriction that limits the allowance of tenant wall signs to those tenants that have units that are a minimum of 5,000 square feet of floor area and to remove the Planning Commission as the approval authority for all sign programs within the Specific Plan. These modifications are considered consistent with the Specific Plan land use designations and the intent and purpose of the adopted Specific Plan. Properties to the north of SP #248 are designated as Open Space-Recreation (OS-R) by the City's General Plan with properties to the south being designated as Specific Plan (Countryside Specific Plan No. 194 and Town Center Specific Plan) and properties to the west designated as OS-R and 2.1-5 Residential (2.15-R). 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. (B). Consistency with the Zoning Code. The change of zone is consistent with the zoning code. The project is zoned Specific Plan (Newport Hub Specific Plan No. 248). As the proposed amendments are specific to sign standards found within the Architecture Design Guidelines section of SP#248 and no amendments are being proposed to the allowable land uses or development standards found within the Specific Plan, the proposed amendments are considered to be consistent with the existing zoning designation and applicable development standards of the Specific Plan. Surrounding zoning designations include Watercourse, Watershed and Conservation Areas (W-1) to the north, Specific Plan (Countryside Specific Plan No. 194 and Town Center Specific Plan) to the south, W-1 and One Family Dwellings (R-1) to the west and Interstate 215 to the east. 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. 2 Ordinance Specific Plan Amendment No. 2013-046 June 5, 2019 Page 3 of 4 The proposed project only proposes to amend the sign standards found within the existing SP #248 Architecture Design Guidelines. Therefore, 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 the Salt Creek Channel located to the north of the subject site, existing commercial and residential to the south of the site across Newport Road, the Paloma Wash and existing single-family residences to the west of the site and Interstate 215 to the east of the site. (D). Compliance with CEQA. All impacts related to the Specific Plan Amendment were previously analyzed in Environmental Impact Report No. 264 (EIR No. 264) (SCH#87113024) which was prepared for the original Specific Plan No. 248 and adopted by the Riverside County Board of Supervisors. All potentially significant effects of the proposed project have been adequately analyzed and have been avoided or mitigated pursuant to EIR No. 264, except those for which a statement of overriding considerations was adopted. Staff has reviewed the EIR and based on staff's review, all impacts related to the Specific Plan Amendment were analyzed in the EIR and no new significant environmental impacts have been identified that weren't identified in the previous EIR, nor will the proposed project substantially increase the severity of the environmental effects identified in the earlier EIR. No considerably different mitigation measures have been identified and no mitigation measures found infeasible have become feasible. Therefore, no further environmental review is required. The previously prepared EIR is still accurate and acceptable for this approval. In addition, the project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites). 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 Specific Plan Amendment No. 2013-046 June 5, 2019 Page 4 of 4 This Ordinance was introduced and read on the 15th day of MAY, 2019 and APPROVED AND ADOPTED THIS 5th DAY of JUNE, 2019. Bill Zimm a ayor Attest: rah A. Manwaring, City Cle Approved as to form: Jeffr T. Melching, City ttor ey 4 C r of MENIFEE y M" 1 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. 2019-270 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 5th of June, 2019 by the following vote: Ayes: Deines, Liesemeyer, Sobek, August, Zimmerman Noes: None Absent: None Abstain: None //q/.2, // I z / A W"Z11 rd"�'6 L) CS;ah A. Manw ing, City Cierk L/