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PC15-220RESOLUTION PC15-220 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2015-038 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF APN 335-481-015 FROM COMMERCIAL RETAIL (CR) TO 8.1-14 DWELLING UNITS PER ACRE — RESIDENTIAL (8.1-14R) WHEREAS, pursuant to Government Code Section 65358, the City has considered less than four proposed amendments to the City's General Plan in the year 2015; and WHEREAS, on February 13, 2015, the applicant, John Trevor Sudweeks, the City initiated General Plan Amendment No. 2015-038 (the "Project") to change the General Plan land use designation for the property identified as APN 335-481-015, located at the northwest corner of Murrieta Road and Thornton Avenue, from Commercial Retail (CR) to 8.1-14 Dwelling Units per Acre —Residential (8.1-14R); and WHEREAS, the City Clerk has caused notice to be duly given of a public hearing in this matter in accordance with law, as evidenced by the affidavit of publication and the affidavit of mailing on file with the City Clerk; and WHEREAS, on August 26, 2015, 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 General Plan Amendment No. 2015-038, which hearing was publicly noticed on August 14, 2015 by a publication 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, on August 26, 2015, the Planning Commission opened the public hearing and continued the public hearing for General Plan Amendment No. 2015-038; and Whereas, on September 23, 2015, the Planning Commission held a second duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for General Plan Amendment No. 2015-038, which hearing was publicly noticed on September 11, 2015 by a publication 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, at the September 23, 2015 public hearing before the Planning Resolution No. PC t5-220 General Plan Amendment No. 2015-038 September 23, 2015 Commission, the Commission found that: 1. The proposed change does not involve a change in or conflict with the City's Vision or Community Values as stated in the City of Menifee General Plan. The project proposes to change the General Plan land use designation for the property from Commercial Retail (CR) to 8.1-14 Dwelling Units per Acre — Residential (8.1-14R). 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). The General Plan land use designation for the subject parcel is currently 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. However, before that the project's land use designation was 2 to 3 Dwelling Units per Acre (with a 5 dwelling unit per acre senior bonus) Residential. The General Plan Amendment, which would change the land use designation from CR to 8.1-14R, would provide greater consistency with the following General Plan Vision and Community Values: Vision (Point #1): We have preserved our diverse mix of neighborhoods that provide an array of housing choices for a variety of life stages and lifestyles that is unparalleled in the Inland Empire. The proposed 8.1-14R land use designation would allow for a wider spectrum of housing types and price ranges, such as attached condominium units, within the site's existing suburban setting. Community Value (Point #2 Sub -point #3): We value focused growth in particular areas of the City in order to retain our natural open space. As stated above, the site is surrounded on the west, north, and east sides by developed land. To the south is land which is currently designated CR according to the General Plan. Development of the site in a manner consistent with the proposed 8.1-14R designation would focus development within an already developed area along a General Plan designated roadway (Murrieta Road) and allow growth outside of the City natural open spaces. Community Value (Point #2 Sub -point #4) We value our ability to provide a broad range (ofj residential housing types for our residents' life stages and lifestyles. Refer to Vision (Point #1) above. 2. The proposed amendment would either contribute to the purposes of the General Plan or, at a minimum, would not be detrimental to them. The General Plan Amendment changing the land use designation from Commercial Retail (CR) to 8.1-14 Dwelling Units per Acre — Residential (8.1-14R) would provide greater consistency with the following General Plan policies: LU-1.2 Provide a spectrum of housing types and price ranges that match the jobs in the City and make it possible for people to live and work in Menifee and maintain a high quality of life. LU-1.4 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. CD-3.1 Preserve positive characteristics and unique features of a site during the design and development of a new project; the relationship to scale and character of adjacent uses should be considered. HE 1.3: Housing Diversity. Provide development standards and incentives to facilitate a range of housing, such as single family, apartments, senior housing, and other housing types in rural, suburban, and urban settings. If the subject site were developed under the proposed land use designation of 8.1- 14R, it would provide a wider spectrum of housing types (e.g., attached condominiums) and price ranges than what is currently available. In addition, it would preserve and protect the surrounding established residential neighborhoods by allowing a slightly higher density residential development at the intersection of Thornton Avenue and Murrieta Road. This would serve as an appropriate transition Resolution No. PC 15-220 General Plan Amendment No. 2015-038 September 23, 2015 between the residential uses to the west and north and the planned commercial uses to the south across Thornton Avenue and the slightly higher density (existing) residential development to the east. Uses allowed within the 8.1-14R land use designation would more closely match the character of the adjacent uses to the west, north and east (single-family residential uses) than what would be allowed under the current General Plan land use designation of CR, which allows for a broad range of retail commercial uses. For these reasons, the proposed General Plan Amendment No. 2015-038 is consistent with the City's General Plan purposes, including the General Plan objectives, policies, and programs. 3. Special circumstances or conditions have emerged that were unanticipated in preparing the General Plan. As previously stated, before the Riverside County 2003 General Plan (RCIP) was adopted, the project parcel's land use designation was 2 to 3 Dwelling Units per Acre Residential (with a 5 dwelling units per acre senior bonus). The Riverside County 2003 General Plan changed the parcel's land use designation to Commercial Retail (CR) and the City of Menifee's General Plan later reaffirmed that CR designation in 2013 with adoption of its own General Plan update. Subsequently, in December 2013 the applicant applied to change the property's zoning classification from One Family Dwellings — 10,000 Sq. Ft. Minimum (R-1- 10,000) to General Commercial (C-1/C-P) for consistency zoning purposes. When the project was presented to the Planning Commission in March 2014, residents from the surrounding community expressed their desire that the City change the property's land use designation from CR to a residential designation. The Planning Commission later recommended and the City Council adopt a resolution to initiate a General Plan Amendment to change the property's land use designation from CR to a residential designation, such as the proposed 8.1-14R designation. Because the desires of the community to preserve the property for residential use were not known at the time the RCIP and the City's 2013 General Plan were adopted, this expressed desire represents a newly emerged special circumstance that was not anticipated when the General Plan was prepared. 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 General Plan Amendment and determined that none of the above -listed circumstances exist which would require additional environmental review. The proposed General Plan Amendment (from CR to 8.1-14R) is anticipated to generate lesser impacts than those generated under the City's General Plan and the General Plan land use map, because the uses allowed under the 8.1-14R designation would typically generate fewer average daily trips compared to those uses allowed under the current General Plan land use designation of Commercial Retail (CR). Therefore, the General Plan Amendment 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. NOW, THEREFORE, the Planning Commission hereby recommends to the City Council the following: That the City Council determine that the "Findings" set out above are true and correct. 2. That the City Council finds that the facts presented within the public record and within Planning Commission Resolution No. PC 15-220 provide the basis to approve General Plan Amendment No. 2015-038, and that the Council approve said General Plan Amendment. Resolution No. PC 15-220 General Plan Amendment No. 2015-038 September 23, 2015 PASSED, APPROVED AND ADOPTED THIS 23rd AY OF SEPTEMBER 2015. Chris Thomas, Chairman Attest: J en ifer Allen, Deputy City Clerk Approved as to form: Aji�t Thind, Assistant City Attorney MENIFEE \fir' Scott A. Mann Mayor John V. Denver Mayor Pro Tem Greg August Councilmember Matthew Liesemeyer Councilmember Vacant Councilmember District 3 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 vww.cityof m e n ifee. u s 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. PC15-220 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 23`d day of September, 2015 by the following vote: Ayes: Doty, Phillips, Sobek, Thomas Noes: Karwin Absent: None Abstain: None c — ennifer Allen, Deputy City Clerk