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PC14-170RESOLUTION PC14-170 THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDS AN ALTERNATIVE TO THE PROPOSED CHANGE OF ZONE NO. 2013-245 CONSISTING OF THE COUNCIL INITIATING A GENERAL PLAN AMENDMENT CHANGING THE EXISTING LAND USE DESIGNATION OF COMMERCIAL RETAIL (CR) TO A RESIDENTIAL LAND USE DESIGNATION FOR COMPATIBILITY WITH NEIGHBORING RESIDENTIAL USES Whereas, on December 10, 2013, the applicant, John Trevor Sudweeks, filed a formal application with the City of Menifee for Change of Zone No. 2013-245 (the "Project") to change the zoning classification for the property identified as APN 335-481- 015 from One Family Dwellings — 10,000 Square Foot Minimum (R-1-10,000) to General Commercial (C-1/C-P); and Whereas, on March 24, 2014, 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. 2013-245, which hearing was publicly noticed on March 14, 2014 in a newspaper of general circulation (i.e., The Press Enterprise), an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and Whereas, prior to and at the March 24, 2013 Planning Commission public hearing, several comment letters were presented and public testimony was given regarding Change of Zone No. 2013-245 and based on these comments and testimony, the Planning Commission determined that revisions were necessary to the previous draft Resolution and that the hearing should be continued to the April 8, 2014 Planning Commission meeting to address issues raised by the Planning Commission and the public during the initial public hearing on this matter; and Whereas, on March 24, 2014, the Planning Commission directed Staff to bring forth a resolution based on the following two Alternatives shown below; and Alternative No. 1: City Council initiation of a General Plan Amendment for the subject property changing its current land use designation from Commercial Retail (CR) to a residential land use designation. 2. Alternative No. 2: City Council direction to Staff to prepare a new commercial zoning classification which would reduce the impacts to the surrounding residential area by eliminating intense uses allowed under the future zoning code, such as convenience store and sale of motor fuel, yet still be consistent with the underlying Commercial Retail (CR) land use designation. Whereas, as directed by the Commission, Change of Zone No. 2013-245 was placed on the Planning Commission's April 8, 2014 posted agenda as a "Consent Calendar" item and made available for public review; and Whereas, at the April 8, 2014 public hearing before the Planning Commission, the Commission addressed the required Findings as shown below; and 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. Resolution No. PC 14-170 Change of Zone No. 2013-245 The General Plan land use designation for the subject parcel is Commercial Retail (CR). This designation is intended for neighborhood, local and regional serving commercial retail and service uses. The project is surrounded to the north and west by properties designated as 2.1 to 5 Dwelling Units per Acre Residential (2.1-5R). To the east across Murrieta Road are properties designated 5.1-8 Dwelling Units per Acre Residential (5.1-8R). To the south across Thornton Avenue are properties designated Commercial Retail (CR). For historical context, the 2003 Riverside County Integrated Project (RCIP) also designated the subject parcel as Commercial Retail (CR). Thus, the parcel's land use designation has allowed for commercial uses since 2003. The project proposes to change the zoning of the subject parcel from One Family Dwellings — 10,000 Sq. Ft. Minimum (R-1-10,000) to General Commercial (C-1/C-P). The C-1/C-P zoning classification allows for "general business and appurtenant accessory uses" according to the City's Zoning Code (Ordinance No. 348 as adopted by the City of Menifee). Typical allowed uses in this zone include restaurants, service stations, automobile parts and supply stores, banks, convenience stores, food markets, laundromats, and other general business uses with approval of a Plot Plan. Other types of uses are also allowed with approval of a Condition Use Permit, including, but not limited to, animal hospitals, convenience stores that include the sale of motor vehicle fuel, and gasoline service stations that include the concurrent sale of beer and wine. Because the subject parcel has been designated as Commercial Retail (CR) according to the City's General Plan, the requested zone change from R-1-10,000 to C-1/C-P would bring the parcel into conformance with the General Plan. Therefore, the Change of Zone request is consistent with the General Plan. In addition, the Change of Zone is consistent with the following General Plan policies: LU-1.1 Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options. If and when a development project is proposed for the subject site, it would be developed as commercial under the proposed zoning classification. Locating low intensity commercial uses at the intersection Murrieta Road and Thornton Avenue would place a neighborhood - focused commercial center in a section of the City that otherwise currently lacks many retail commercial establishments. Thus, it would focus growth in a key location where infrastructure is available and where trip lengths may be shortened for nearby residents. Resolution No. PC 14-170 Change of Zone No. 2013-245 ED-2.1 Promote retail development by locating needed goods and services in proximity to where residents live to improve quality of life, retain taxable spending by Menifee residents, and attract residents from outside the City to shop in Menifee. • Locate businesses providing convenience goods and services in retail centers that are on arterials adjacent to neighborhoods and communities throughout the City but not in rural residential areas. If the subject site were developed under the proposed zoning classification, it would locate goods and services in close proximity to various residential subdivisions that currently endure longer vehicular trips to obtain these same goods and services. It would locate these good and services on Murrieta, which is classified as a Secondary (4- lanes, undivided) roadway at this location. 2. Consistency with the Zoning Code The project proposes to change the zoning classification of the subject parcel from One Family Dwellings — 10,000 Sq. Ft. Minimum (R-1-10,000) to General Commercial (C-1/C-P). No development plans and/or uses have been proposed at this time. The Change of Zone has been proposed to bring the parcel into conformance with the current General Plan land use designation (i.e., Commercial Retail). The current zoning classification of the subject parcel is not consistent with this designation. The zoning code requires that projects be consistent with the General Plan and no discretionary permits can be issued if they are not consistent with the General Plan. The proposed zone change will result in consistency between the General Plan land use designation and the zoning classification of the site and is therefore, consistent with the zoning code. 3. 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. Existing uses to the north include single-family residential homes on approximately 7,000 square foot or larger lots. To the west are single- family residential uses on 8,000 square foot or larger lots. Existing uses to the east include Murrieta Road, a mobile home park and additional single-family residential homes. To the south is Thornton Avenue and vacant, undeveloped land which is also zoned and designated for commercial uses. If the proposed zone change from R-1-10,000 to C-1/C-P were to occur, future proposed uses for this property, technically allowed under the C- 1/C-P commercial zone, such as a convenience store or the sale of motor Resolution No. PC 14-170 Change of Zone No. 2013-245 fuel, would be considered to be incompatible with the surrounding residential properties to the north and west of the subject site and potentially those residential properties further to the east across Murrieta Road due to typical hours of operation of these types of uses, the types of materials used and stored onsite (i.e., gasoline, propane, etc.), potential noise issues and other potentially adverse impacts from lighting, congestions, etc. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Section 15162 of the California Environmental Quality Act (CEQA) Guidelines states that the City may approve the project with the use of a prior CEQA document if there are no substantial changes generated by the proposed project that might result in new significant impacts, no substantial changes in circumstances have occurred that would result in new significant impacts, and no new information is available which would show that the project will have significant impacts. The City of Menifee General Plan Program EIR was certified on December 18, 2013. This EIR evaluated the environmental impacts of future development that would occur under the City's General Plan land use map. Staff evaluated the proposed Change of Zone and determined that none of the above -listed circumstances exist which would require additional environmental review. The proposed Change of Zone (from R-1-10,000 to C-1/C-P) is considered consistency zoning and conforms to the City's General Plan and the General Plan land use map. Therefore, it would not substantially change the impacts evaluated in the General Plan Program EIR. No circumstances exist that would result in any new significant impacts and no new information is available that would suggest new significant impacts may occur. As such, no additional environmental review is required pursuant to CEQA Guidelines. Whereas, on April 8, 2014, after the Commission received additional input from the public as the item was "pulled" from the Consent Calendar, the Planning Commission discussed limiting its recommendation to the City Council for Change of Zone No. 2013-245 to only one recommendation, that focusing upon a residential designation for the property. Now, therefore, the Planning Commission of the City of Menifee, California recommends that the City Council take the following actions: Section 1. That the City Council determine that the "Findings" set out above are true and correct. Section 2. That the City Council find that it cannot make each of the four required Findings in a positive manner to amend the property's zoning designate to Resolution No. PC 14-170 Change of Zone No. 2013-245 General Commercial (C-1/C-P) and, therefore, it cannot approve the requested Change of Zone. Section 3. That the City Council consider and direct staff to proceed with: Initiation of a General Plan Amendment for the subject property changing its current General Plan land use designation from Commercial Retail (CR) to an appropriate, Council directed, residential land use designation consistent with its current zoning designation. PASSED, APPROVED AND ADOPTED THIS 81h DAY OF APRIL 2014. Approved as to form: :.. ,ran- Scott A. Mann Mayor Wallace W. Edgerton Deputy Mayor John V. Denver Councilmember Thomas Fuhrman Councilmember Greg August Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 vww.cityofinenifee. us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC14-170 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 8th day of April, 2014 by the following vote: Ayes: Liesemeyer, Matelko, Phillips, Sobek, Thomas Noes: None Absent: None Abstain: None Je nifer Allen, Planning Commission Secretary