PC16-255RESOLUTION NO. PC 16-255
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA, FORWARDING A RECOMMENDATION THAT THE
CITY COUNCIL FIND THAT CODE AMENDMENT NO. 2016-037 IS EXEMPT
FROM ENVIRONMENTAL REVIEW AND AMEND THE MENIFEE MUNICIPAL
CODE TO ALLOW FOR THE EXTENSION OF THE LIFE OF PLOT PLANS
BEYOND FIVE YEARS IN CERTAIN CIRCUMSTANCES
Whereas, on October 1, 2008, the City of Menifee incorporated, becoming the local
government authority for the City's corporate boundaries; and
Whereas, currently, Chapter 18.30 of Ordinance No. 348, as adopted by the City of
Menifee, states that plot plans must be used within two years from the effective date before the
approval for the plot plan expires, unless the conditions of approval provide a different timeframe;
and
Whereas, additionally, Chapter 18.30 of Ordinance No. 348 provides that the City can
grant an extension of the plot plan, so that the total time to use the plot plan does not exceed a
period of five years; and
Whereas, the economic recession beginning in 2008 severely and negatively impacted
property owners in the City of Menifee and continues to impair the ability of property owners to
finance new development of their properties, which has led to some property owners being unable
to use their plot plans within the allotted amount of time; and
Whereas, on February 13, 2016 Code Amendment No. 2016-037 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 February 24, 2016; and
Whereas, on February 24, 2016, the Planning Commission held a duly noticed public
hearing on the recommended Notice of Exemption and proposed Code Amendment No. 2016-
037, opened the hearing to public testimony, as well as reviewed all materials in the staff report
and accompanying documents, to adopt an amendment to Chapter 18.30 within the City of
Menifee Municipal Code establishing a possible extension to the life of plot plans so that they can
last longer than 5 years in certain circumstances; and
Whereas, at the February 24, 2016 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 February 24, 2016 Planning Commission public hearing, based upon the
materials in the staff report, public comment, and accompanying documents, the Commission
considered the Goals and Policies of the City's adopted General Plan, as stated below, and found
that the Amendment which will establish a discretionary extension for select projects that can
demonstrate the extension is warranted and will allow for more flexible development standards
that accommodate factors outside of an applicant's control, is consistent with and conforms to the
following goals and policies of the City's General Plan:
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-1.9 Allow for flexible development standards provided that the potential benefits and
merit of projects can be balanced with potential impacts.
Goal LU-2: Thriving Economic Development Corridors that accommodate a mix of
nonresidential and residential uses that generate activity and economic vitality in
the City.
Policies
LU-2.1 Promote infill development that complements existing neighborhoods and
surrounding areas. Infill development and future growth in Menifee is strongly
encouraged to locate within EDC areas to preserve the rural character of rural,
estate, and small estate residential uses.
Goal LU-3: A full range of public utilities and related services that provide for the immediate
and long-term needs of the community.
Policies
LU-3.4: Require that approval of new development be contingent upon the project's ability
to secure appropriate infrastructure service
HOUSING ELEMENT
GOAL HE-1: A diverse housing stock that offers a full range of housing opportunities for Menifee
residents and supports the local economy.
Policies
HE-1.4: Entitlement Process. Provide flexible entitlement processes that facilitate
innovative housing solutions, yet balance the need for developer certainty in the
approval process.
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.
Policies
ED-1.1 Focus economic development efforts on the primary objective of increasing the
number of jobs that pay above -average wages and salaries.
Now, therefore, the City of Menifee Planning Commission recommends the following:
Section 1. That the City Council find, for the reasons detailed upon the Notice of
Exemption, Code Amendment No. 2016-037 exempt from further environmental review and
authorize staff to sign and forward the Notice of Exemption.
Section 2. That the City Council find Code Amendment No. 2016-037 is consistent with
the Goals and Policies of the City's adopted General Plan as enumerated above.
Section 3. That the City Council find Code Amendment No. 2016-037 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 find that the amendment to Ordinance 348, Section
18.30 shall preserve the health, safety and general welfare of the residents and visitors to the City
of Menifee.
Section 5. That the City Council add the following language as subdivision (i) of Chapter
18.30 of Ordinance 348 of the Menifee Municipal Code:
"Notwithstanding the time limitations set forth in Section 18.30, after a discretionary
application is made and all fees are paid for commercial, retail, or light industrial projects,
that is/are non-residential, the Planning Commission may extend the duration of a plot
plan beyond five years, if the following findings are made: (1) that for reasons beyond its
control, the applicant was not able to commence construction pursuant to the plot plan
within the original approval period, (2) that the applicant has provided substantial evidence
to demonstrate that it will be able to complete construction pursuant to the plot plan within
the proposed period of extension, and (3) the applicant has demonstrated that the
proposed project will provide positive economic development benefits to the City. An
extension may be granted nunc pro tunc to the date of the most recent expiration date of
the plot plan upon the applicant's further showing of good cause for not seeking and
obtaining an extension prior to the most recent expiration date."
Section 6. Notice of Adoption. The 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.
Resolution No. PC 16-255
Code Amendment No. 2016-037
February 24, 2016
APPROVED AND ADOPTED THIS 24th DAY OF FEBRUARY, 2016.
Approved as to form:
Ajit Thind, Assistant City Attorney
ATTEST:
A- i '11-�-
Je fifer Allen, Deputy City Clerk
Scott A. Mann
Mayor
Greg August
Mayor Pro Tem
John V. Denver
Councilmember
Matthew Liesemeyer
Councilmember
Lesa Sobek
Councilmember
29714 Haun Road
Menifee, CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnenifee.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. PC16-255 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
24th day of February, 2016 by the following vote:
Ayes:
Doty, Karwin, Madrid, Phillips, Thomas
Noes:
None
Absent:
None
Abstain:
None
ennifer Allen, Deputy City Clerk