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