PC15-208Resolution No. PC 15-208
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA, FORWARDING A RECOMMENDATION THAT THE
CITY COUNCIL FIND THAT CODE AMENDMENT DCA 2015-024 EXEMPT
FROM ENVIRONMENTAL REVIEW AND AMEND THE MENIFEE MUNICIPAL
CODE BY ADOPTING A NEW CHAPTER 9.54 "LAND USE AND BUSINESS
REGISTRATION"
Whereas, on October 1, 2008, the City of Menifee incorporated, becoming the local
government authority for the City's corporate boundaries; and
Whereas, on December 18, 2013, following the certification of an Environmental Impact
Report (State Clearinghouse # 2012071033), the City Council of the City of Menifee adopted a
comprehensive General Plan for the City, including Goals and Policies for the safe and
responsible growth and development of the community; and
Whereas, beginning in mid-2013, the City Council and City Administration initiated efforts
to establish an orderly process through which land use activities and/or businesses within the
City, existing prior to the City's incorporation in 2008, which do not currently fully comply with all
City regulations, to receive a Business License and progress toward full compliance with
applicable City rules, regulations and ordinances; and
Whereas, on April 10, 2015, a Municipal Code Amendment by way of DCA 2015-024 was
publicly noticed within The Press Enterprise, a newspaper of general circulation, for a public
hearing before the City of Menifee Planning Commission scheduled for April 22, 2015; and
Whereas, on April 22, 2015, the Planning Commission held a duly noticed public hearing
on the recommended Notice of Exemption and proposed Code Amendment by way of DCA 2015-
024, considered all public testimony as well as all materials in the staff report and accompanying
documents to establish a new Chapter 9.54 "Land Use and Business Registration" within the City
of Menifee Municipal Code detailing a procedure to allow businesses and land uses that do not
fully comply with City rules, regulations and ordinances to obtain a Business License, or the land
use allowed to continue, while progressing towards full compliance with City requirements; and
Whereas, at the April 22, 2015, Planning Commission public hearing, based upon the
materials in the staff report and accompanying documents, the Commission considered the
requirements of the California Environmental Quality Act (CEQA) (Public Resources Code
Section 21000 et. seq.) with regard to the possible impacts the Amendment may have upon the
environment; and
Whereas, at the April 22, 2015 Planning Commission public hearing, based upon the
materials in the staff report and accompanying documents, the Commission considered the Goals
and Policies of the City's adopted General Plan, as stated below, finding the proposed Code
Amendment is consistent with, conforms to and fulfills the Goals and Policies of the General Plan
as the Code Amendment, by creating flexible development standards, preserves, protects and
enhances residential neighborhoods while still allowing land uses that support a diversity of
options to live and work. This flexibility reduces a reliance on transportation (to and from work
and home) while balancing the potential benefits and merit of projects against potential impacts.
The proposed Chapter shall allow, by establishing flexible land uses patterns, an efficient flow of
goods while minimizing negative impacts, and by such action, efficiently and conservatively
manage energy resources to ensure their availability for future generations. Further, the proposed
Chapter can be considered a program to allow rehabilitation of older residential areas, preserving
the existing character of these distinctive and unique communities and rural neighborhoods. This
Chapter shall preserve neighborhoods unique sense of place by allowing flexibility in standards,
such as reducing the requirement for vertical curbs, paved gutters, and sidewalks, but retaining
specific standards (for parking, storage, noise and signage) while still buffering dissimilar land
uses so that differences in type and intensity do not conflict. The proposed Code Amendment
also took short- and long-term implications of the Amendment's impacts into consideration in
allowing land uses that generate a fiscal balance for a diverse and robust local economy with a
primary objective of increasing the number of jobs and balancing employment opportunities
across skill and education levels, wages and salaries, and industries and occupations. And finally,
the Amendment affords conformity to local standards, such as noise, so that noise spillover onto
noise -sensitive land uses (from activities such as truck deliveries and land use operations) are
protected from exposure to excessive noise and vibration; and
LAND USE ELEMENT
Goal LU-1: Land uses and building types that result in a community where residents at all
stages of life, employers, workers, and visitors have a diversity of options of where
they can live, work, shop, and recreate within Menifee.
Policies
LU-1 A Preserve, protect, and enhance established rural, estate, and residential
neighborhoods by providing sensitive and well -designed transitions (building
design, landscape, etc.) between these neighborhoods and adjoining areas.
LU-1.5 Support development and land use patterns, where appropriate, that reduce
reliance on the automobile and capitalize on multimodal transportation
opportunities.
LU-1.9 Allow for flexible development standards provided that the potential benefits and
merit of projects can be balanced with potential impacts.
CIRCULATION ELEMENT
Goal C-5: An efficient flow of goods through the City that maximizes economic benefits and
minimizes negative impacts.
Policies
C-5.3 Support efforts to reduce/eliminate the negative environmental impacts of goods
movement.
OPEN SPACE CONSERVATION
Goal OSC-4: Efficient and environmentally appropriate use and management of energy and
mineral resources to ensure their availability for future generations.
Policies
OSC-4.1: Apply energy efficiency and conservation practices in land use, transportation
demand management, and subdivision and building design.
COMMUNITY DESIGN ELEMENT
Goal CD-1: A unified and attractive community identity that complements the character of the
City's distinctive communities.
CD-1.2 Support the development and preservation of unique communities and rural and
suburban neighborhoods in which each community exhibits a special sense of
place and quality of design.
Goal CD-2: Preserve and enhance the character of the City's rural areas.
CD-2.3 Allow for the elimination of vertical curbs, paved gutters, and sidewalks in rural
areas if adequate drainage conditions are provided.
Goal CD-3: Projects, developments, and public spaces that visually enhance the character of
the community and are appropriately buffered from dissimilar land uses so that
differences in type and intensity do not conflict.
Project Design
CD-3.4 Develop or participate in programs to rehabilitate older residential neighborhoods
and commercial centers to prevent blight and maintain the quality of the built
environment.
Goal CD-6: Attractive landscaping, lighting, and signage that conveys a positive image of the
community.
ECONOMIC DEVELOPMENT ELEMENT
Goal ED-1: A diverse and robust local economy capable of providing employment for all
residents desiring to work in the City.
ED-1.1 Focus economic development efforts on the primary objective of increasing the
number of jobs that pay above -average wages and salaries.
ED-1.2 Diversify the local economy and create a balance of employment opportunities
across skill and education levels, wages and salaries, and industries and
occupations.
Goal ED-3: A mix of land uses that generates a fiscal balance to support and enhance the
community's quality of life.
ED-3.1 Incorporate short-term and long-term economic and fiscal implications of proposed
actions into decision making.
NOISE ELEMENT
Goal N-1: Noise -sensitive land uses are protected from excessive noise and vibration
exposure.
Policies
N-1.3 Require noise abatement measures to enforce compliance with any applicable
regulatory mechanisms, including building codes and subdivision and zoning
regulations, and ensure that the recommended mitigation measures are
implemented.
Goal N-2: Minimal noise spillover from noise -generating uses, such as agriculture,
commercial, and industrial uses into adjoining noise -sensitive uses.
Policies
N-2.2 Require commercial or industrial truck delivery hours to be limited when adjacent
to noise -sensitive land uses unless there is no feasible alternative or there are
overriding transportation benefits.
N-2.3 Limit the hours and/or require attenuation of commercial/entertainment operations
adjacent to residential and other noise -sensitive uses.
Whereas, at the April 22, 2015 public hearing, as required by Riverside County Ordinance
No. 348 (adopted by the City of Menifee with regard to amendments to the Zoning Code), the
Planning Commission carefully considered the staff presentation, materials within the staff report
and accompanying documents, receiving and considered input from the public and discussing the
issue amongst its members to form a cogent recommendation to the City Council.
Now, therefore, the City of Menifee Planning Commission recommends that the City
Council take the following actions:
Section 1. That the City Council find, for the reasons detailed upon that Notice of
Exemption, that the proposed Code Amendment by way of DCA 2015-024is exempt from further
environmental review and authorize staff to sign and forward the Notice of Exemption.
Section 2. That the City Council of the City of Menifee find that the proposed Code
Amendment by way of DCA 2015-024 is consistent with the Goals and Policies of the City's
adopted General Plan as enumerated above.
Section 3. That the City Council of the City of Menifee find that the proposed Code
Amendment by way of DCA 2015-024 is consistent with the requirements of the City of Menifee
Municipal Code regarding the process of amending the Municipal Code.
Section 4. That the City Council of the City of Menifee find that with the creation of a new
Municipal Code Chapter 9.54 "Land Use and Business Registration" shall establish a reasonable
and equitable procedure through which land use activities and/or businesses within the City,
existing prior to the City's incorporation, and which are currently not fully compliant with all City
land use and business license regulations, to receive a City Business License, or continue the
land use, while progressing toward full compliance with applicable City rules, regulations and
ordinances.
Section 5. That the City Council adopt a new Chapter 9.54 "Land Use and Business
Registration" of the Menifee Municipal Code to read as follows:
,,Chapter 9.54 Land Use and Business Registration
Sections:
Section 9.54.010
Objective
Section 9.64.020
Qualifying Land Use Activities And/Or Businesses
Section 9.64.030
Registration
Section 9.54.040
Land Use and Business Registration Requirements
Section 9.64.050
Land Use and Business Registration Restrictions And Limitations
Section 9.64.060
Licensing And Fee
Section 9.54.070
Transfers or Re-establishment
Section 9.54.080
Signage
Section 9.64.010 Objective
This Chapter creates an orderly Land Use and Business Registration process through which land
use activities and/or businesses that were in effect prior to the City's incorporation, and that are
currently not fully compliant with applicable City rules, regulations and ordinances, may receive a
Business License and, from and after receipt of the Land Use and Business Registration, legally
operate within the City as they progress toward full compliance with applicable City rules,
regulations and ordinances.
Section 9.54.020 Qualifying Land Use Activities And/Or Businesses
The following land use activities and/or businesses are eligible to receive a Land Use and
Business Registration under this Chapter:
A. A land use activity or business that, prior to October 1, 2008, (r) received a valid Certificate
of Registration from the County of Riverside, or (it) was found by the County of Riverside
to be exempt from the County of Riverside's Certificate of Registration process; provided,
however, that the land use activity or business, (i) must be substantially the same as
previously registered, or exempted, by the County of Riverside, (h) must be located at the
same address as previously registered, or exempted, by the County of Riverside, and (fir)
must have been continuously operated since the County of Riverside issued the
registration or exemption. For purposes of this section 9.54.030(A), "continuously
operated" includes all uses that have not ceased operations for a period of more than six
(6) continuous months.
B. A business owner or property owner for the land use activity or business that is the subject
of a Land Use and Business Registration request shall provide evidence acceptable to the
Community Development Director that such business or land use activity has been
consistently operating at the location in question, with no change in material use or conduct
of the business or land use activity, since prior to October 1, 2008. Proof of such existence
shall be in the form of one or more of the following: dated pictorial evidence; dated delivery
or installation receipt for supplies or equipment for said business or land use activity;
affidavit(s) of abutting or surrounding property owner; or other evidence as accepted by
the Community Development Director.
Section 9.54.030 Registration
The holder of a Land Use and Business Registration must satisfy all of the following requirements
A. If a land owner or business owner/operator applies for a Land Use and Business
Registration on or before [one year following the effective date of the Ordinance], that land
owner or business owner/operator shall, by [(10) years from the effective date of this
Ordinance (insert date)], bring the land use and/or business into conformance with all
applicable standards, criteria and requirements in the City of Menifee Municipal Code, as
it may be amended from time to time. A Land Use and Business Registration issued
pursuant to this sub -paragraph shall expire on [(10) years from the effective date of this
ordinance (insert date)].
B. If a land owner or business owner/operator applies for a Land Use and Business
Registration after [one year following the effective date of the Ordinance (insert date)], that
land owner or business owner/operator shall bring the land use and/or business into
conformance with all applicable standards, criteria and requirements in the City of Menifee
Municipal Code, as it may be amended from time to time, by the earlier of (i) within three
(3) years from the issuance of the Land Use and Business Registration, and (ii) [ten years
from the effective date of the ordinance (insert date)]. A Land Use and Business
Registration issued pursuant to this sub -paragraph shall expire on compliance deadline
described in the preceding sentence.
C. Any land use or business that has received a Land Use and Business Registration and
being conducted in a manner, or within or upon a structure, that is found by the City's
Building Official or his/her designee to be an imminent or immediate threat to the public
safety, shall promptly correct the identified sub -standard condition. All land use and
business activities impacted by the condition shall immediately cease, and no further use
and/or activity may continue until the issue or condition is corrected.
D. Upon the expiration or termination of a Land Use and Business Registration, all land use
activities and business on a property that was subject to the Land Use and Business
Registration must fully comply with all applicable standards, criteria and requirements in
the City of Menifee Municipal Code, as it may be amended from time to time.
E. No Land Use and Business Registration shall be issued to land uses and/or activities that
have outstanding City, County or State health and safety, or environmental citations, or are
in violation of any current health and safety, or environmental regulations. For citations
and/or regulatory violations that post-date the issuance of a Land Use and Business
Registration, such Registration shall be revoked by the Community Development Director
if the property or business owners fails to promptly address and remediate such citations
and/or regulatory violations
Section 9.54.040 Land Use and Business Registration Requirements
Each land use activity or business applying for a Land Use and Business Registration under the
provisions of this Chapter shall conform to the following:
A. The land use activity or business shall include reasonable ingress and egress (which may
including paving or other surfacing to conform to Fire Agency requirements), to be
maintained at all times, as to vehicular and pedestrian traffic and shall not violate any
parking restrictions or create a nuisance by means of parking.
B. The land owner or business owner/operator shall allow the ordinary inspection process as
required of other business, including, periodic fire inspections, and stormwater pollution
prevention plan and best management practices inspections.
C. Concurrent with receipt of a Land Use and Business Registration, the land owner or
business owner/operator shall enter into an agreement with the City, under which it shall
agree to indemnify and hold harmless the City of Menifee, its officers, agents, employees
or representatives, from any action whatsoever resulting from this issuance of the Land
Use and Business Registration and the conduct of activities pursuant thereto.
D. By requesting and accepting a Land Use and Business Registration, the land owner or
business owner/operator agrees that the land use activity or business shall not be
enlarged, expanded, intensified, modified or enhanced without first receiving review and
approval by the City, and that any such enlargement, expansion, intensification,
modification or enhancement without first receiving review and approval by the City shall
require the immediate termination of the land use or business and any Land Use and
Business Registration received shall immediately become null and void. Those portions of
the land use activity or business approved for enlargement, expansion, intensification,
modification or enhancement shall conform to all codes and regulations in effect at the
time of the enlargement, expansion, intensification, modification or enhancement.
Applications for enlargements, expansions, intensifications, modifications, or
enhancements of a use that is the subject of a Land Use and Business Registration will
be processed utilizing the City's conditional use permit procedures, and shall accordingly
be subject to the processes set forth in Chapter 9.50 "Conditional Use Permits".
E. All conditions of approval imposed in connection with the County of Riverside's approval,
or exemption, of a land use or business activity must be satisfied within one year of written
notification from the City. Alternatively, the land owner or business owner/operator may
enter into an agreement with the City that establishes a process to bring the land use
activity or business into conformance with the applicable conditions of approval.
Section 9.64.050 Land Use and Business Registration Restrictions And Limitations
Each existing land use activity and/or business subject to the provisions of this Chapter shall be
subject to the following restrictions and limitations:
A. Land use activities and businesses permitted under this Chapter within the residential
zoning districts shall not include, at the site where the land use activity or business is being
conducted, retail sales or commercial distribution.
B. The use of metal shipping containers as storage devises shall be subject to all applicable
City of Menifee Municipal Code requirements including, for residentially designated
properties, Chapter 9.16 "Metal Shipping Containers As Accessory Storage Facilities On
Residentially Designated Properties.
C. The incidental storage, outside of an enclosed building or structure, of materials
associated with the on -site land use activity or business shall be subject to the
requirements of the underlying zoning district, unless an alternative limit is approved by
the Community Development Director upon the submission of proof that the larger storage
need is an integral and essential requirement to continue the land use activity or business.
D. Businesses possessing a current and valid State -issued Bureau of Automotive Repair
(BAR) registration shall be permitted incidental vehicle storage, not in excess of ten (10)
days, of six (6) vehicles actively being repaired, awaiting repair or awaiting pick-up.
Vehicles stored within an enclosed structure or within an area secured on all sides with
solid walls at least seven (7) feet in height and view obscuring gate(s) shall be exempt
from the ten (10) day storage limitation.
E. All businesses or land use activities engaged in any form of vehicle dismantling, salvage,
reclamation, or similar activity dismantling, salvaging, reclaiming or other related act upon
vehicles, equipment, motors, structures or transportable devices shall be prohibited.
F. Land use activities or businesses that do not conform to the requirements of the underlying
zoning district and which are not registered under the provisions of this Chapter are
prohibited uses. A legally established nonconforming use may remain as allowed within
Chapter 9.52 "Nonconforming Uses and Structures".
Section 9.54.060 Licensing and Fee
All land use activities and/or businesses permitted under this Chapter shall register their land use
activity or business with the City and obtain a City Business License where applicable. An initial
administrative fee of $350.00, or an alternative fee established by City Council resolution, shall
be required with the submission of the request to register the land use activity or business.
Section 9.54.070 Transfers or Re-establishment
Ownership and/or operation of each existing land use activity and/or business subject to the
provisions of this Chapter shall be transferable, or permitted to be re-established, if a lapse of no
more than six (6) months has occurred between the sale or termination and re-establishment of
the land use activity or business.
Section 9.54.080 Signage
Where it can be demonstrated that signage existed before the City's incorporation and that said
signage was permitted at the time of its original installation, such signage may remain in place as
an accepted nonconforming structure. For signage, which can be demonstrated to have existed
in place before the City's incorporation but which cannot be demonstrated to have a County permit
or approval, the business or land use owner may submit a request to the Planning Commission
to retain the particular signage in place, as is. The Commission may approve or deny the request
for the duration, or a portion thereof, of the registration period. Such request shall be processed
as a no fee required review by the Commission. New signage for businesses or land use activities
subject to this Chapter shall be allowed as specified in Ordinance No. 348 for the underlying
zoning designation."
Section 6. Notice of Adoption. The Deputy City Clerk of the City of Menifee shall certify
to the adoption of this Resolution.
Section 7. Effective Date. This Resolution shall become effective upon its adoption.
Section 8. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications and, to this end, the provisions of this Resolution are declared to be severable.
APPROVED AND ADOPTED THIS 22nd DAY OF APRIL, 2015.
Chris Thomas, Chair
Approved as to form:
Ajit�uty City Attorney
ATTEST:
Jepnifer Allen, Planning Commission Secretary