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PC15-228RESOLUTION PC15-228 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2015-049 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF APN 360-040-040 AND 360-040-041 FROM RURAL RESIDENTIAL, ONE ACRE MINIMUM (RR1) TO RURAL RESIDENTIAL, ONE HALF ACRE MINIMUM (RR 112) 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 26, 2015, the City of Menifee began processing City initiated General Plan Amendment No. 2015-049 (the "Project") to change the General Plan land use designation for the property identified as APN 360-040-040 and 360-040-041, located at the southeast corner of La Piedra Road and Phoebe Road, from Rural Residential, One Acre Minimum (RR1) to Rural Residential, One Half Acre Minimum (RR '/); 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. 2015-049, 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, at the August 26, 2015 public hearing before the Planning Commission, the Commission found that: 1. The proposed amendment would not change any policy direction or intent of the General Plan. The project proposes to change the General Plan land use designation for the property from Rural Residential, One Acre Minimum (RR1) to Rural Residential, One Half Acre Minimum (RR 1/2). The project is surrounded to the north across La Piedra Road by properties designated as RR 1/2. To the east are properties designated as Newport Estates Specific Plan (SP #140). To the south and the west are properties designated as RR1. The proposed General Plan land use designation would remain consistent with the existing designations and land uses in the surrounding area. The current designations found in the surrounding area are primarily rural in nature and the primary use of properties in the area are single-family residences on larger lots. The proposed land use designation for the subject parcel would not change any policy direction or the intent of the General Plan and would be in keeping with the goals and vision for the community to preserve the community's diverse mix of neighborhoods that provide an array of housing choices for a variety of life stages and lifestyles. 2. An error or omission needs to be corrected. The Riverside County Integrated Project (RCIP) (i.e., General Plan) was adopted in 2003 which applied a land use designation of Rural Community -Very Low Density Residential (RC-VLDR) (One Acre Minimum) to the subject site. In October of 2004, a General Plan Amendment application was received by the County for the subject site, proposing to amend the site's land use designation from RC-VLDR to Rural Community -Low Density Residential (RC-LDR) (1/2 Acre Minimum). Along with the proposed General Plan Amendment application, there was a Change of Zone application as well as a Tentative Tract Map application filed for the subject site. The Change of Zone application proposed to change the existing zoning of the subject site from Residential Agricultural, One Acre Minimum (R-A-1) to Residential Agricultural (R-A). The Tentative Tract Map application proposed to subdivide a 9.85 acre lot into 15 residential lots with a minimum lot size of 20,000 square feet. The Riverside County Planning Commission recommended approval of all three proposals to the Riverside County Board of Supervisors in June of 2006. The County Board of Supervisors ultimately approved the proposal through the necessary adoptions in 2007. When the City processed and subsequently adopted its general plan in 2013, the newly adopted plan did not incorporate the County's previously adopted land use designation change for the subject site. Instead, the City's newly adopted plan reflected the County's 2003 General Plan land use designation rather than the designation that was adopted in 2007. Due to the fact that the appropriate General Plan designation was not captured, the subject site's approved Change of Zone and Tentative Tract Map are not consistent with the current General Plan land use designation. The approval of the General Plan Amendment will provide consistency amongst the General Plan and Zoning designations and the approved Tentative Tract Map. 3. 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. Staff evaluated the proposed General Plan Amendment and determined that none of the previously mentioned circumstances exist which would require additional environmental review. Therefore, no further CEQA review will be required. 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 15-228 provide the basis to approve General Plan Amendment No. 2015-049, and that the Council approve said General Plan Amendment. PASSED, APPROVED AND ADOPTED THIS 26'" DAY OF AUGUST 2015. Chris Thomas, Chairman Attest: Jehnifer Allen, Deputy City Clerk Approved as to form: Ajit hind, Assistant City Attorney 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 v ww. c ity o f in e n i f e e. 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. PC15-228 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 26"' day of August, 2015 by the following vote: Ayes: Doty, Phillips, Karwin, Sobek, Thomas Noes: None Absent: None Abstain: None JerMi r Allen, Deputy City Clerk