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09-118 Resolution No. 09-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE APPROVING GENERAL PLAN AMENDMENT NO. 1057 TO CHANGE THE LAND USE DESIGNATION OF APN 336-090-004 FROM MEDIUM HIGH DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL Whereas, the applicant, Kensington West, LLC., filed a formal application with the County of Riverside for General Plan Amendment No. 1057 to alter the General Plan Land Use Designation of APN 336-090-004 from Community Development: Medium High Density Residential (CD: MHDR) (5-8 dwelling units per acre) to Community Development: High Density Residential (CD: HDR) (8-14 dwelling units per acre); and, Whereas, the General Plan Amendment No. 1057 was presented during a General Plan Initiation Hearing before the Riverside County Planning Commission on August 6, 2008, who made a recommendation to the Riverside County Board of Supervisor's to initiate the General Plan Amendment application; and, Whereas, the General Plan Amendment No. 1057 was presented during a General Plan Initiation Hearing before the Riverside County Board of Supervisor's on September 30, 2008 who approved the initiation of the General Plan Amendment application; and, Whereas, the General Plan Amendment No. 1057 was transmitted to public agencies, public utilities for comment on October 30, 2008 for review and comment; Whereas, the General Plan Amendment No. 1057 was transmitted to the Native American Tribes on November 20, 2008 for comment pursuant to Senate Bill 18 for review and comment; and, Whereas, on September 8, 2009, the City of Menifee Planning Commission considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 600 feet of the project site boundaries; and Whereas, on September 8, 2009, the City of Menifee Planning Commission recommended approval to the City Council for General Plan Amendment No. 1057; and, Whereas, on October 20, 2009, the City of Menifee City Council considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 600 feet of the project site boundaries; and Whereas, on October 20, 2009, the City of Menifee City Council made the following findings for General Plan Amendment No. 1057: 1. The project site is designated Community Development: Medium High Density Residential (CD: MHDR) (5-8 dwelling units per acre) on the Sun City/Menifee Valley Area Plan. Resolution No. 09-118 General Plan Amendment No. 1057 2. The project proposes to alter the General Plan land use designation of the site from Community Development: Medium High Density Residential (CD: MHDR) (5- 8 dwelling units per acre) to Community Development: High Density Residential (CD: HDR) (8-14 dwelling units per acre). 3. The proposed amendment from Community Development: Medium High Density Residential (CD: MHDR) (5-8 dwelling units per acre) to Community Development: High Density Residential (CD: HDR) (8-14 dwelling units per acre) does not involve a change to or conflict with: (1) The Riverside County Vision as adopted by the City of Menifee: A High Density Residential (HDR) Land Use Designation for the parcel in question will achieve the future vision of General Plan. (2) Any General Plan Principle: The proposed project will not change nor be in conflict with any of the General Plan's principles. (3) Any Foundation Component designation in the General Plan: The project designation would be within the same Community Development Foundation Component. Thus, the proposed Amendment is consistent Foundation. 4. The proposed Amendment contributes to the achievement of the purposes of the General Plan. The Land Use Element of the General Plan provides that a wide range of housing shall be provided throughout the county, from large lot rural settings to high density urban developments. The amendment would contribute to the goal of the development of a variety of housing.types, styles and densities that are accessible to and meet the needs of a range of lifestyles, physical abilities, and income levels by providing additional housing for senior citizens. In addition, the proposed amendment is adjacent to Very High Density Residential uses to the north of the project site, and single family residential uses to the east and beyond Interstate 215 to the west. The proposed Amendment is consistent with the existing development in the project vicinity. 5. Special circumstances or conditions have emerged that were unanticipated in preparing the General Plan. When the Medium High Density Residential (MHDR) was established for this parcel in 2003, the designation was appropriate. However, due to market conditions, the density approved under PP19469 (6.64 dwelling units per acre) precludes the development of the senior apartment complex. The current amendment would correct the designation to balance cost of development and increase the opportunities for affordable senior housing to the maximum extent possible the site can yield. Under the proposed High Density Residential (HDR) land use designation it can be between 178.24 and 312 dwelling units. The proponent proposes to develop a maximum of 221 units at a density of 11.2 dwelling units per acre. 2 Resolution No. 09-118 General Plan Amendment No. 1057 Furthermore, on June 1, 2008 Menifee voters decided that their communities become an autonomous city which was not anticipated when the General Plan was prepared. Development projects and services in the community of Sun City, located within the City of Menifee, has traditionally leaned toward senior citizen services including the provision of senior housing. The site for the proposed project is located within this community. A finding can be made that the proposed increase in density would allow for the development to move forward and for the provision of additional senior housing opportunities within the Sun City community of the City of Menifee. 6. The project site is located within the Highway 79 Policy Area which establishes guidelines to ensure that overall trip generation from residential development within the policy area produce traffic generation at a level that is 9% less than the trips projected from the General Plan traffic model residential land use designations. The County Transportation Department reviewed the proposed project and determined that the project is consistent with the Highway 79 Policy Area. The proposed project is anticipated to generate less than 100 trips in either the AM or PM peak hours. NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. General Plan Amendment No. 1057 is hereby approved. PASSED, APPROVED AND ADOPTED this 20th day of October, by the following vote: AYES: J'�L NOES: T-6 k. l Lc,C, I._�(.lc r ABSENT: �- 1 L6 7u- ABSTAIN: Mayor Wallace Edgerton Attest: Kathy Bennett, City Clerk 3