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PC16-280RESOLUTION PC 16-280 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE CHANGE OF ZONE NO. 2016-149, TO CHANGE THE ZONING CLASSIFICATION OF A 59.04-GROSS ACRE SITE FROM LIGHT AGRICULTURE — 2% ACRE MINIMUM (A-1-2%) TO ONE FAMILY DWELLINGS (R-1) Whereas, on July 1, 2016, the applicant, KGK Riverside Properties, LLC filed a formal application with the City of Menifee for Change of Zone No. 2016-149 (the "Project") to change the zoning classification for the property located north of Scott Road and south of Wickerd Road and bifurcated by Lindenberger Road (APNs: 372-160-006 to -008, -013 and 372-190-003) from Light Agriculture — 2'/2 Acre Minimum (A-1-2'/) to One Family Dwellings (R-1); and Whereas, on October 12, 2016, 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 Change of Zone No. 2016-149, 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, at the October 12, 2016 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 and applicable General Plan objectives, policies, and programs. The General Plan land use designation for the subject parcel is 2.1-5 Dwelling Units per Acre — Residential (2.1-5R). This designation is intended for single- family detached and attached residences with a density range of 2 to 5 dwelling units per acre. The Project is surrounded to the east and west by properties designated as 2.1 to 5 Dwelling Units per Acre Residential (2.1-5R). To the west is also a property designated as Public Facilities (PF). To the north and south are properties designated Rural Residential — 2 Acre Minimum (RR2). Also, to the south are properties designated as Medium Density Residential according to the Riverside County General Plan Land Use Map. For historical context, the 2003 Riverside County Integrated Project (RCIP) also designated the proposed Project site as Medium Density Residential (MDR) (2-5 dwellings units per acre). Thus, the parcel's land use designation has allowed for 2-5 dwelling units per acre residential uses since 2003. The Project proposes to change the zoning of the subject parcel from Light Agriculture — 2'/z Acre Minimum (A-1-2'/z) to One Family Dwellings (R-1). The R- 1 zoning classification allows for "one -family dwellings, including mobile homes on permanent foundations, limited agriculture, noncommercial keeping of horses with a minimum lot of 20,000 sq. ft. and 100 ft. width, noncommercial keeping of poultry and rabbits with minimum lot area of 1 acre, keeping of 2 sheep or goats with minimum lot area of 2 acres, and home occupations. Mobile home parks with approved conditional use permit." Resolution No. PC 16-280 Change of Zone No. 2016-149 October 12, 2016 Because the subject parcel has been designated as 2.1-5R according to the City's General Plan, the requested zone change from A-1-2'/2 to R-1 would bring the parcel into conformance with the General Plan. Therefore, the Change of Zone request is consistent with the General Plan. In addition, the Change of Zone is consistent with the following General Plan policies: LU-1.1 Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options. If and when a development project is proposed for the subject site, it would be developed as medium density residential under the proposed zoning classification. Locating medium density residential uses at the project site (i.e., along Scott Road) would focus growth in a key location where infrastructure is available. 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- 1, 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. This would serve as an appropriate transition between the Scott Road corridor to the south and the RR2 (Rural Residential — 2 Acre Minimum) designated properties to the north, and would provide continuity between the 2.1-5R designated properties to the east and west. Uses allowed under the R-1 zone would more closely match the character of the adjacent uses to the west, south, and east (single-family residential uses) than what would be allowed under the current zoning classification of A-1-2'/z. For these reasons, the proposed Change of Zone No. 2016-149 is consistent with the City's General Plan Land Use Map and General Plan objectives, policies, and programs. Resolution No. PC 16-280 Change of Zone No. 2016-149 October 12, 2016 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 parcels from Light Agriculture — 2'/2 Acre Minimum (A-1-2'/z) to One Family Dwellings (R- 1). No development plans and/or uses have been proposed at this time. The Change of Zone has been proposed to bring the parcels into conformance with the current General Plan land use designation (i.e., 2.1-5R). The current zoning classification of the subject parcel is not consistent with this designation. The zoning code 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 General Plan land use designation and the zoning classification of the site and is therefore 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 vacant land. To the east and west are single- family residential uses on approximately Y4-acre lots. To the south are single- family residential uses on approximately 8,000 or larger sq. ft. lots, large lot (2 acre) residential properties, and vacant land. Also, to the west is the Revival Christian Fellowship Church. 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 is consistent with the residentially designated properties surrounding the Project site. Future development plans will be required to consider the location and need for dedication and improvement of necessary infrastructure, streets and sidewalks, including the avoidance of traffic congestion, and will be required to account for treatment of storm water offsite flows. Environmental impacts resulting from the change in land use from residential use to commercial use were analyzed in the City's General Plan Program Environmental Impact Report (EIR). The Change of Zone for General Plan consistency purposes 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 15164 of the California Environmental Quality Act (CEQA) Guidelines states that the City "shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." The conditions required in Section 15162 do not occur, such that the City may Resolution No. PC 16-280 Change of Zone No. 2016-149 October 12, 2016 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 environmental effects or a substantial increase in the severity of previously identified significant effects" necessitating "major revisions of the previous EIR or negative declaration"; no substantial changes in circumstances have occurred that would "involve ... new significant environmental effects or a substantial increase in the severity of previously identified significant effects" that would "require major revisions of the previous EIR or negative declaration"; and no new information is available that would show that the "project will have one or more significant effects not discussed in the previous EIR or negative declaration," "significant effects previously examined will be substantially more severe than shown in the previous EIR," and mitigation measures previously found not feasible "would in fact be feasible and would substantially reduce one or more significant effects of the project" or "are considerably different from those analyzed in the previous EIR [and] would substantially reduce one or more significant effect on the environment," "but the project proponents decline to adopt the mitigation measure." 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 that would require additional environmental review. The proposed Change of Zone (from A-1-2'/2 to R-1) is considered consistency zoning and conforms to the City's General Plan and the General Plan land use map. Therefore, it 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, the City has prepared an addendum to the EIR, and 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. 2. That the City Council finds that the facts presented within the public record and within Planning Commission Resolution No. PC 16-280 provide the basis to approve Change of Zone No. 2016-149, and that the Council approve said Change of Zone. Resolution No. PC 16-280 Change of Zone No. 2016-149 October 12, 2016 PASSED, APPROVED AND ADOPTED THIS 12th DAY OF OCTOBER 2016. Ro rt . Karwin, Chairman Attest: nnifer Allen, Deputy City Clerk Approved as to form: Ajit ind, Assistant City Attorney G'TY o" MENIFEE Scott A. Mann Mayor Greg August Mayor Pro Tem District 1 Matthew Liesemeyer Councilmember District 2 Lesa Sobek Councilmember District 3 John V. Denver Councilmember District 4 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.69.3843 www.cityofinenifee.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. PC16-280 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 121h day of October, 2016 by the following vote: Ayes: Doty, Karwin, Madrid, Phillips, Thomas Noes: None Absent: None Abstain: None ennifer Allen, Deputy City Clerk