PC15-221RESOLUTION PC15-221
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL
APPROVE CHANGE OF ZONE NO. 2016-039, TO CHANGE THE
ZONING CLASSIFICATION OF APN 335-481-015 FROM ONE FAMILY
DWELLINGS — 10,000 SQ. FT. MINIMUM (R-1-10,000) TO MULTIPLE
FAMILY DWELLINGS (R-2)
Whereas, on February 13, 2015, the applicant, John Trevor Sudweeks, filed a
formal application with the City of Menifee for Change of Zone No. 2015-039 (the
"Project") to change the zoning classification for the property identified as APN 335-481-
015, located at the northwest corner of Murrieta Road and Thornton Avenue, from One
Family Dwellings — 10,000 Sq. Ft. Minimum (R-1-10,000) to Multiple Family Dwellings
(R-2); and
Whereas, on August 26, 2015, the Planning Commission held a 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. 2015-039, which hearing
was publicly noticed 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 Change of Zone No. 2015-039; 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 Change of Zone
No. 2015-039, 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
Commission, the Commission found that:
1. 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.
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. However,
Resolution No. PC 15-221
Change of Zone No. 2015-039
September 23, 2015
before that the project parcel's land use designation was 2 to 3 Dwelling Units
per Acre (with a 5 dwelling unit per acre senior bonus) Residential.
The City is concurrently processing a General Plan Amendment (GPA 2015-038)
with the Change of Zone. The proposed General Plan land use designation is
8.1-14 Dwelling Units per Acre — Residential (8.1-14R). The 8.1-1413 designation
is intended for single-family attached and detached residences with a density
range of 8.1 to 14 dwelling units per acre.
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 Multiple Family Dwellings
(R-2).
Because the subject parcel is being proposed concurrently with GPA 2015-038
which proposes to change the General Plan land use designation from
Commercial Retail (CR) to 8.1 to 14 Dwelling Units per Acre - Residential (8.1-
14R) according to the City's General Plan, the requested zone change from R-1-
10,000 to R-2 would bring the parcel into conformance with the amended
General Plan designation of 8.1-14R. Therefore, the Change of Zone request
would be consistent with the General Plan.
In addition, the Change of Zone is consistent 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 zoning classification of R-
2, it would provide a wider spectrum of housing types 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 between the residential
uses to the west and north and the planned commercial uses to the south across
Thornton Avenue. Uses allowed under the R-2 zone would more closely match
Resolution No. PC 15-221
Change of Zone No. 2015-039
September 23, 2015
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 and zoning classification compatible with the CR
designation, such as the City's Scenic Highway Commercial (C-P-S) or General
Commercial (C-1/C-P) zones, which allow for a broad range of retail commercial
uses. Lastly, the R-2 zone would facilitate a broader range of housing, such as
attached condominium units within the site's existing suburban setting. For these
reasons, the proposed Change of Zone No. 2015-039 is consistent with the City's
General Plan Land Use Map and General Plan objectives, policies, and
programs.
2. Consistency with the Zoning Code. The change of zone is consistent 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 Multiple
Family Dwellings (R-2). No development plans and/or uses are proposed
concurrently with this Change of Zone.
The Change of Zone has been proposed to bring the parcel into conformance
with the proposed General Plan land use designation of 8.1 to 14 Dwelling Units
per Acre - Residential (8.1-14R). The current zoning classification of the subject
parcel is not consistent with this proposed designation.
The Change of Zone 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
proposed General Plan land use designation and the zoning classification of the
site and is 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 sq, ft. or larger lots. To the west are single-family residential
uses on 8,000 sq. ft. 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 zoned and
designated for commercial uses.
Future development projects occurring on this property would be subject to
development standards and General Plan policies which would ensure that the
public's health, safety, and general welfare are protected through project design,
including architecture, roadway design and improvements, drainage
improvement, landscaping, etc. The proposed project is compatible with the
present and future logical development of the area and provides an appropriate
transition between the residential uses to the west and north and the planned
commercial uses to the south across Thornton Avenue.
Future development plans will be required to consider the location and need for
Resolution No. PC 15-221
Change of Zone No. 2015-039
September 23, 2015
dedication and improvement of necessary infrastructure, streets and sidewalks,
including the avoidance of traffic congestion and will be required to account for
treatment of stormwater flowing off the site. Environmental impacts resulting
from development of the property were analyzed in the City's General Plan
Program Environmental Impact Report (EIR). The proposed Change of Zone
would change the allowable uses from more retail commercial -type uses to
single-family attached and detached residential uses, which is anticipated to
decrease the expected average daily trips from the project site once a project is
developed. This would in turn decrease impacts related to noise and air quality.
Therefore, the project is not anticipated to 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.
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 R-2) is anticipated to
generate lesser impacts than those generated under City's General Plan and the
General Plan land use map, because the uses allowed under the R-2 zone 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 Change of Zone 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 of the City of Menifee recommends
that the City Council take the following actions:
That the City Council determine that the "Findings" set out above are true
and correct.
Resolution No. PC 15-221
Change of Zone No. 2015-039
September 23, 2015
2. That the City Council finds that the facts presented within the public
record and within Planning Commission Resolution No. PC 15-221
provide the basis to approve Change of Zone No. 2015-039, and that the
Council approve said Change of Zone.
PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF SEPTEMBER 2015.
Chris omas, C man
Attest:
yZ�
J nifer Allen, Deputy City Clerk
Approved as to form:
Ajit9 ind, Assistant City Attorney
Ci\TY Old
MENIFEE'
Scott A. Mann
Mayor
John V. Denver
Mayor Pro Tern
Greg August
Councilmember
Matthew Liesemeyer
Councilmember
Vacant
Councilmember
District 3
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.6793843
vww.cityofinen ifee.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. PC15-221 was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held
on the 23ra day of September, 2015 by the following vote:
Ayes:
Doty, Phillips, Sobek, Thomas
Noes:
Karwin
Absent:
None
Abstain:
None
Je ' er Allen, Deputy City Clerk