12-262 Resolution No. 12-262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DENYING
CHANGE OF ZONE NO. 2011-116 to CHANGE THE ZONING CLASSIFICATION OF
APN 384-180-018 FROM SCENIC HIGHWAY COMMERIAL
TO GENERAL COMMERCIAL
Whereas,. in September 1, 2011, the applicant, Melvin Blackburn, filed a formal
application with the City of Menifee allow an existing unpermitted illegal outdoor
advertising display (billboard) located west of Interstate 215, east of Bailey Park Blvd.
and south of Scott Road, and,
Whereas, on March 27, 2012, the Planning Commission held a duly noticed
public hearing on the Project, considered all public testimony as well as all materials in
the staff report and accompanying documents for Change of Zone No. 2011-116, which
hearing was publicly noticed by a publication in the newspaper of general circulation, an
agenda posting, and notice to property owners within 00 feet of the Project boundaries,
and to persons requesting public notice; and,
Whereas, at the March 27, 2012 Planning Commission public hearing, based on
the public testimony as well as all materials in the staff report and accompanying
documents, the City of Menifee Planning Commission recommended denial of the
Change of Zone No. 2011-116 and Plot Plan No. 2011-115; and,
Whereas, on May 15, 2012, the City Council held a duly noticed public hearing
on the Project, considered all public testimony as well as all materials in the staff report
and accompanying documents for Change of Zone No. 2011-116, which hearing was
publicly noticed by a publication in the newspaper of general circulation, an agenda
posting, and notice to property owners within 1,000 feet of the Project boundaries, and to
persons requesting public notice; and,
follows:Whereas, following a duly noticed public hearing, the City Council finds as
1. Consistency with the General Plan. The change of zone is inconsistent with the
General Plan Land Use Map and applicable General Plan objectives, policies,
and programs.
The change of zone application requests to change the zoning classification of
the site from Scenic Highway Commercial (C-P-S) to General Commercial (C-
1/C-P). The purpose of this requested change is to accommodate an existing
non-conforming, unpermitted billboard. The billboard is not allowed in the Scenic
Highway Commercial zone, but would be allowed within the General Commercial
zone. The project as a whole (zone change and billboard) is inconsistent with
the general plan and general plan policies. In addition, the project site is
adjacent to a County Eligible Scenic Highway and is identified as a Scenic
Corridor in the General Plan. The Scenic Highway Commercial zone is more
appropriate than the General Commercial zone in this location due to the site's
location in a Scenic Corridor.
The project site is located within Interstate 215 Corridor Policy Area of the Sun
City/Menifee Valley Area Plan. SCMVAP Policy 2.3 states that "Outdoor
advertising devices (billboards, not onsite signs identifying a business on the
same property as the sign) shall be prohibited within 660 feet of the nearest edge
of the right-of-way line of Interstate 215."
Resolution No. 12-262
Change of Zone No. 2011-116
May 15, 2012
The project is not consistent with this policy because the billboard is within 660
feet of the right-of-way of Interstate 215.
Interstate 215 from McCall Road south to the City's boundary is identified as a
County Eligible Scenic Highway on the Sun City/Menifee Valley Area Plan.
Therefore, the following policies apply.
SCMVAP 17.1 "Prot6ct the scenic highways in the Sun City/Menifee Valley Area
Plan from change that would diminish the aesthetic value of adjacent properties
in accordance with the Scenic Corridors sections of the General Plan Land Use,
Multipurpose Open Space and Circulation Elements."
SCMVAP 17.2 "Outdoor advertising devices (billboards, not-onsite signs
identifying a business on the same property as the sign) shall be prohibited within
660 feet of the nearest edge of the right-of-way line of all highways depicted as
State Designated, State Eligible, or County Eligible Scenic Highways on Figure 8
Scenic Highways. (As of the date of General Plan adoption, these highways
include Interstate 215 from McCall Boulevard interchange southerly to the
southerly Plan boundary, McCall Boulevard from Interstate 215 easterly of
Menifee Road, and Menifee Road northerly of McCall Boulevard to the northerly
Plan boundary) The size height size, height, and type of on-site signs within
these areas shall be the minimum necessary for identification. The design,
materials, color, and location of on-site signs shall blend with the environment,
utilizing natural materials where possible. Signage at locations contiguous to, or
clearly visible from the identified roadways shall be limited to monuments signs
not greater than six feet in height and signage on exterior building walls."
The project is not consistent with these policies because the billboard is within
660 feet of Interstate 215 which is a County Eligible Scenic Highway.
The Scenic Corridors sections of the General Plan contain the following policies:
Land Use Policies:
LU 13.1 Preserve and protect outstanding scenic vistas and visual features for
the enjoyment of the traveling public.
LU 13.3 Ensure that the design and appearance of new landscaping, structures,
equipment, signs, or grading within Designated and Eligible State and County
scenic highway corridors are compatible with the surrounding scenic setting or
environment.
LU 13.4 Maintain at least a 50-foot setback from the edge of the right-of-way for
new development adjacent to Designated and Eligible State and County Scenic
Highways.
LU 13.5 Require new or relocated electric or communication distribution lines,
which would be visible from Designated and Eligible State and County Scenic
Highways, to be placed underground.
Resolution No. 12-262
Change of Zone No. 2011-116
May 15, 2012
LU 13.6 Prohibit offsite outdoor advertising displays that are visible from
Designated and Eligible State and County Scenic Highways.
LU 13.7 Require that the size, height, and type of on-premise signs visible from
Designated and Eligible State and County Scenic Highways be the minimum
necessary for identification. The design, materials, color, and location of the
signs shall blend with the environment, utilizing natural materials where possible.
Multipurpose Open Space Policies:
OS 22.1 Design developments within designated scenic highway corridors to
balance the objectives of maintaining scenic resources with accommodating
compatible land uses.
OS 22.2 Study potential scenic highway corridors for possible inclusion in the
Caltrans Scenic Highways Plan.
OS 22.3 Encourage joint efforts among federal, state, and County agencies, and
citizen groups to ensure compatible development within scenic corridors.
Circulation Element Policies:
C 19.1 Preserve scenic routes that have exceptional or unique visual features in
accordance with Caltrans'Scenic Highways Plan. (Al 79)
The project is not considered consistent with these policies. The zone change
could result in development that is inconsistent with the general plan policies
listed above.
2. Consistency with the Zoning Code. The change of zone is not consistent with
the zoning code.
The zoning for the site is Scenic Highway Commercial (C-P-S). Billboards are
not allowed within this zoning classification; therefore, the applicant has
proposed changing the zoning, classification of the property to General
Commercial (C-1/C-P) solely for the purposed of creating a zoning which allows
billboards. The properties to the north and west are zoned Scenic Highway
Commercial (C-P-S). Properties to the south are zoned Industrial Park (I-P).
Changing the zoning of this parcel to General Commercial would be considered
spot zoning since there are no properties contiguous to the site that are zoned
General Commercial.
In addition, the Scenic Highway Commercial zoning classification is considered
appropriate due to the project site's location adjacent to Interstate 1-215, which is
a County Eligible Scenic Highway.
The lot is not a legal parcel and is identified as a road easement. The Planning
Department does not recommend approval of a change of zone that creates two
separate zones within one parcel or provides a separate zoning for a portion of a
lot that is identified as a road easement.
Resolution No. 12-262
Change of Zone No. 2011-116
May 15, 2012
3. Surrounding Uses. Approval of the application may 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 properties to the north and west are zoned Scenic Highway Commercial (C-
P-S) and contain a variety of residential and commercial uses. Properties to the
south are zoned Industrial Park (I-P) and also contain residential and commercial
uses. Changing the_zoning of this parcel to General Commercial would be
considered spot zoning since there are no properties contiguous to the site that
are zoned General Commercial.
The existing Scenic Highway Commercial zoning classification is considered
appropriate due to the project site's location adjacent to Interstate 1-215, which is
a County Eligible Scenic Highway. The General Commercial zone allows for
more intensive uses which could negatively affect views from the scenic highway.
The zone change is requested to accommodate a billboard. The existing
billboard is not consistent with the permit standards within Ordinance No. 348,
Section 19.3, b. The property is within a scenic corridor and is not consistent
with general plan policies to protect scenic corridors. Therefore, the approval of
the application may 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.
4. Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
The proposed use has been determined to be Categorically Exempt (Class I —
Projects which are Disapproved) under the California Environmental Quality Act
(CEQA). CEQA does not apply to projects which a public agency rejects or
disapproves.
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. Change of Zone No. 2011-116, is hereby denied.
PASSED, APPROVED AND ADOPT€D THIS+15th DAY OF MAY 2012.
r
/Mvo
�J7' . Denver, Mayor
Resolution No. 12-262
Change of Zone No. 2011-116
May 15, 2012
ATTEST:
Kathy Bennett, City Clerk
App-ueclas t6-form:
Joseph-i7V. tcher,-City orney
MENIFEE
John V.Denver
Mayor STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
Mayor PrrooTem
Thomas n CITY OF MENIFEE )
em
Wallace W.Edgerton I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Councilmember foregoing Resolution No. 12-262 was duly adopted by the City Council of the City
of Menifee at a meeting thereof held on the 15th day of May, 2012 by the
Darcy Kuenzi
Councilmember following vote:
Sue Kristjansson Ayes: Denver, Edgerton, Fuhrman, Kuenzi
Councilmember Noes: None
Absent: Krisgansson
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
ww.cityofinenifee.us