Loading...
PC19-471RESOLUTION NO. PC 19.471 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA, RECOMMENDING THE CITY COUNGIL ADOPT AN UPDATED ZONING MAP WHEREAS, on December 1 , 2009, the City Council of the City of Menifee ("City") adopted Ordinance 2009-66, providing that certain Ordinances and Resolutions of the County of Riverside, including Ordinance 348, shall remain in full force and effect as City Ordinances effective February 1,2010, until repealed, amended, or replaced by the city's own ordinances adopted by the City Council. WHEREAS, on May 28, 2013, the City Council adopted Ordinance 2013-123, amending Ordinance 2009-66 to correct clerical errors and errata appearing and to re-adopt certain provisions of the Riverside County Code. WHEREAS, at various times since 2009, the City Council has added chapters to the exiting Menifee Municipal Code Title 9, Planning and Zoning, to address specific uses or processes, such as accessory dwelling units, signage, and detached accessory buildings, and to create the Economic Development Corridor zone. WHEREAS, there cunently exist within the City several Specific Plans that reference back to Ordinance 348, with modifications. WHEREAS, since adoption of Ordinance Nos. 2009-66 and2013-123, the City began the process of creating c,omprehensive "Menifee-specific" zoning, subdivision, and grading ordinances that are consistent with and implement the adopted 2013 City General Plan. WHEREAS, this Comprehensive Development Code Update ("CDCU") has as a goal adoption of regulations that are user-friendly and effectively assist City and applicants achieve the vision, goals and, objectives of the 2013 General Plan while establishing clear procedures for the review and processing of development projects in the City. WHEREAS, the CDCU consists of three main code amendments to the Menifee Municipal Code: update to Title 9, "Planning and Zoning," and the additions of Title 7 "Subdivisions" and Chapter 8.26 "Grading Regulations." WHEREAS, the City consulted with Michael Baker lnternational regarding the CDCU and engaged the consultant's services to prepare a prc,posed zoning ordinance that is consistent with State laws, regulations in sunounding jurisdictions, and best practices, while addressing Menifee-specific items and conditions. WHEREAS, the City's consultant for the CDCU met with the Community Development Department staff, Public Works-Engineering staff, and community stakeholders to obtain feedback and direction. WHEREAS, on April 10,2019, the Planning Commission received a presentation on a draft Zoning Map. 1 Page 2 of 3 WHEREAS, on April 17,2019, the City Council received a presentation on a draft Comprehensive Development Code and a draft Zoning Map. WHEREAS, the draft Zoning Map is consistent with the 20,13 General plan land use designations. Each 2013 General Plan land use designation has a conesponding implementing Zone. WHEREAS, on October 13,2019, Municipat Code Amendment ("MCA") No. DEV2019- 038 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 October 23, 2019. WHEREAS, on October 23,2019, the Planning Commission held a duly noticed public hearing to consider the proposed MCA No. DEV2019-038; opened the hearing to receive public testimony; reviewed all materials in the staff report and accompanying documents to recommend adoption of an updated zoning map; and considered the requirements of the California Environmental Quality Act (CEOA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts that the proposed MCA No. DEV2019-038 may have upon the environment. NOW, THEREFORE, the City of Menifee Planning Commission recommends to the City Council of the City of Menifee as follows: Section 1.The above recitals are true and correct and are incorporate herein. Section 2. That the City Council find that pursuant to Section 1 51 68(c)(2) of Title 14 of the california code of Regulations, the proposed code amendments and map amendments do not require additional review under CEQA. The community Development Department has determined that the proposed amendments are consistent with the Environmental lmpact Report (ElR) forthe General Plan certified in September2013 (SCH# 2012071033) and would not result in new impacts. The updates to the Development Code implement the adopted General Plan. As the update of the Code was considered in the General Plan ElR, pursuant to the provisions of CEQA no further environmental analysis is required. Further, that the City Council find that proposed MCA No. DEV2019-038 would not fall within the definition of a "project" under the CEQA because it, as a nanative change to the Municipal Code, does not have the potential for resulting in a direct or indirect physical change in the environment (CEQA Guidelines 15378(a)) and is an administrative activity of the City that will not result in direct or indirect physical changes in the environment (CEQA Guidelines 15378(bX5)). ln addition, that the City Council find that proposed MCA No. DEV2019-038 is exempt from CEQA because there is no possibility that the proposed ordinance, as a textural change to the Municipal Code, may have a significant impact on the physical environment (CEQA Guidelines 1 506'l ) and because, per Section 15061(bX3), it can be seen with certainty to have no possibility of a significant effect upon the environment. Section 3. That the City Council find that proposed MCA No. DEV2019-038 is consistent with the requirements of the City of Menifee Municipal Code regarding the process of amending the Municipal Code. 2 Page 3 of 3 Section4. That the City Council find that proposed MCA No. DEV2019-038 shail preserve the health, safety, and general welfare of the residents of and visitors to the City of Menifee. Section 5.That the City Council find that the updated Zoning Map complies with applicable requirements of State law. Section 6. That the City Council find that the updated Zoning Map is consistent with the 2013 General Plan Section 7. That the City Council adopt an updated Zoning tMap, as set forth in Exhibit A hereto Section 8.Severability. lf a ny section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Resolution would be subsequently declared invalid or unconstitutional. Section 9.E Date. This Resolution shall become effective upon its adoption. Section 1 0.Notice of Adoption. The City Clerk of the City of Menifee shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23'd DAY OF OCTOBER , 2019. Rob rwin, Chair ATTEST: anie Roseen, Deputy City Clerk Approved as to form 3 it nd, Assistant City Attorney E \ Pm-6 RRU2 iRsi €6C-S ItEl/2 ";.7 IF: Pos-. qoi PR; tR2 ! 4o^'4 RM T I I ---1 I !J Zonlng Deslgmtlon I Agrcunure (AG) Rural Mountarnous (RM) Lq Donsry Radeniall (LDR.1) I1O.m SFj I hmso.lOtu (CO) ! emc Oaarm6nt Cdr&LSoSdn G.tw.y (EDCSG) Spaclltc Pltn (3P) [ Crmaron Rrdge Ld h6rty k6nEt2 (LDR-z) I7.2msR ! my rmnnawanutenns (Hr) ! lo omy 6ot Spcciltc PLn NrD I count p,ac L@ Mdrum Deroty R6d6nt6l (LMOR) I Bush* P.nd-Oht lodu6trul (BP) I Opon SFe.cfferurton (OS-C) [ Ur Ur6y n"*h E Fbmrn! R.nch I ud'!m O.cty R66br (Mffi) I E6lm'c kremar cdnff -NdM Gek y (EOGNG) I Opa SFef,Ms (O$R) [ Carro ff Menfs E sr I Mdrum HOn Oondy R6ddtal (MBOR) I E6nmrc Ce.bpmsr cm.-kc.rl&urderd (EETGMB) Open SFe-hrer (oSW f] Cam" f:] M6nf6 North ! xqn Ocna,ty n*mat 1xm) ! Eomrc miqmsr cffi-Communiy Be (EDGCC) f PuudouatsPuilE F&ilt6 (Pel l---l Cinlon C@ [ u-r* v"tbl nrna I Commdc6lRebil (CR) I E@mm'c kebpmst (M-N@d R@d (EOGNR) ,*li! PublE Uuty Cer (PUC) [ Onp xcrgnrc [ UareVllage ! narlnxl E Men(e emmercrar PDO Nmbcr f]] cily &undary ENrydEs66 feoor, PaErs E N*pd Hub EPEaDolg I ton cemerRural RedenlBl. 2€cre mrnrmum (RR2) Dp!o: f| rL,o, I roor Ir,ro:. fll rrc,: E pDo, tw ZONING MAP Menifee Comprehensive Development Code Update Public Review Drafr (1 0/2/19) MENIFEE New. Better. Best. 0 0.1250.25 E txrERxlttoxAL J I L -1 I I I ltrl RR1 RR1/2 l 6? SP rl I 'I ffi gP p@t ff-?5PWM I I :^)l I PM ,t-l-'l (-'-*-G.R )RM /l LMDR -f,1 OS r EE.M A' I cs q DRI I J .L L DR.2_\ I RR2 L l__Lt-RR5 il"l i Ill PM I lEil5p ++-s__) I llIflF #II l tr .*lt flH 'Rq?.rt+rrrl ++-TT_u'/l Michael Baker STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE ) )ss ) l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC19-471 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 23 day of October 2019 by the following vote: Ayes: Diederich, Phillips, Thomas, KanuinNoes: None Absent: MadridAbstain: None hanie Roseen, CMC Deputy City Clerk 'hrlENlFEd ':ffir \# Op