21-1111RESOLUTION NO. 21-1111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA APPROVING GENERAL PLAN AMENDMENT NO. PLN21-0022
FOR THE 6T" CYCLE, 2021-2029 HOUSING ELEMENT, LAND USE
ELEMENT, AND SAFETY ELEMENT AND ENVIRONMENTAL JUSTICE
UPDATES TO THE GENERAL PLAN IN COMPIANCE WITH STATE
LAW. AMENDMENTS ALSO INCLUDE CHANGES TO GENERAL PLAN
LAND USE OF PROPERTY AS SHOWN IN EXHIBIT 1 OF THIS RESOLUTION
WHEREAS, in June 2020, the City of Menifee initiated the City's 6th Cycle (2021-2029)
Housing Element Update Project which includes updates within multiple elements of the City of
Menifee General Plan (Menifee GP) including the Housing Element, the Land Use Element, and
Safety Element along with the addition of new Environmental Justice (EJ) policies and programs;
and
WHEREAS, this Project includes applications for (1) the approval of a General Plan
Amendment (PLN21-0022); and (2) the approval of a Change of Zone (PLN21-0021),
(collectively, the "Project"); and
WHEREAS, the Housing Element Update (HEU) component proposes updates to the
Menifee GP Housing Element in accordance with California Government Code (CGC) §§65580-
65589.8 which requires the revision of housing elements every eight years; and
WHEREAS, the HEU includes revised goals and policies, and new, modified, and
continuing implementation programs that result in maintenance and expansion of the housing
supply to adequately accommodate households currently living and expected to live in the City.
Per CGC §65584(d), the HEU also addresses existing and projected housing needs through the
accommodation of the City's Regional Housing Needs Assessment (RHNA) allocation; and
WHEREAS, the Southern California Association of Governments (SCAG) determines the
City's RHNA based on future estimates of housing unit need over the RHNA planning period
(2021-2029); and
WHEREAS, the City was allocated a total RHNA of 6,609 units from which this allocation
is broken down into very low-, low-, moderate-, and above moderate -income categories based on
the most current Median Family Income (MFI) for Riverside County (the County) as follows:
• 1,761 very low-income housing units;
• 1,051 low-income housing units;
• 1,106 moderate -income housing units;
• 2,691 above moderate -income units; and
WHEREAS, to accommodate the City's RHNA allocation, the HEU identifies 69 candidate
housing sites which could accommodate up to 8,696 additional housing units within the City. The
identified candidate housing sites would accommodate units for a 32 percent buffer beyond the
6,609-unit RHNA requirement. Eleven of the candidate housing sites will require General Plan
land use amendments and rezoning as follows:
Eight parcels (APNs 339-200-008, 333-060-014, 333-060-015, 333-060-002, 360-
100-016, 338-170-007, 338-170-020 and 372-050-043) totaling approximately 55.02
acres to be rezoned from Economic Development Corridor (EDC) zones (EDC-MB,
EDC-NR & EDC-CC) to the High Density Residential (HDR) Zone. The Project also
includes General Plan land use amendments for these sites from EDC to 20.1-24
du/ac Residential.
• One approximately 9.27-acre parcel (APN 333-050-034) to be rezoned from the
Economic Development Corridor -McCall Blvd. (EDC-MB) Zone to the Medium Density
Residential (MDR) Zone. The Project also includes a General Plan land use
amendment for this site from EDC to 8.1-14 du/ac Residential.
• Two parcels (APNs 339-200-012 & 339-200-013) totaling 10.12 acres to be rezoned
from the Economic Development Corridor Newport Road (EDC-NR) Zone to the Low
Medium Density Residential (LMDR) Zone. The Project also includes General Plan
land use amendment for these sites from EDC to 5.1-8 du/ac Residential; and
WHEREAS, the Land Use Element Update (LUEU) component includes land use changes
needed in conjunction with proposed rezoning for HEU candidate sites to meet the City's RHNA
and includes revisions to the City's Economic Development Corridor (EDC) land use policies to
include:
Removal of the 15 percent limitation placed on residential land uses within EDC land
use areas (the 15 percent is met for EDC land use areas changing to residential land
use for stand-alone residential development that is not vertically integrated with non-
residential development);
Amending language to NOT allow stand-alone residential development and require
residential to be vertically integrated with non-residential development, thereby
ensuring no loss of EDC commercial, office and retail; and
Amend the EDC Subarea use descriptions and preferred use mix for these areas;
and
WHEREAS, the Safety Element Update (SEU) component includes updates to the Safety
Element in accordance with Government Code, section 65302(g) and to address any relevant
safety issues to reduce the potential short and long-term risk to the public from fires, floods,
droughts, earthquakes, landslides, climate changes and other hazards; and
WHEREAS, the General Plan updates include EJ Policy updates to comply with Senate
Bill 1000 (SB 1000) which requires cities to incorporate environmental justice goals and policies
into the General Plan if they have disadvantaged communities within their jurisdiction and when
updating/revising two or more elements of the General Plan; and
WHEREAS, the proposed General Plan Amendment includes amendments to General
Plan land use designation of parcels identified for general plan land use amendments and
rezoning of sites as needed to accommodate housing units to meet the City RHNA requirement
as outlined in Appendix B — Housing Sites Inventory of the Housing Element; and
WHEREAS, the HEU requires review and approval by the California Department of Housing
and Community Development (HCD); and
WHEREAS, on June 22, 2021, the City submitted the Draft HEU to the HCD for HCD review
for compliance with State Housing Element law; and
WHEREAS, on August 20, 2021, HCD completed their review and provided written
comments to the City identifying items to be addressed to comply with state law; and
WHEREAS, the HEU was revised to address all HCD comments as necessary to obtain
HCD's determination of compliance with state law; and
WHEREAS, on September 16, 2021, the City submitted a revised second Draft HEU to
HCD for their review; and
WHEREAS, on November 15, 2021 HCD completed their second review the City's revised
Draft HEUand provided written comments to the City identifying remaining items to be addressed
to comply with state law; and
WHEREAS, revisions to the HEU to address HCD's November 15, 2021, comments will
be submitted to HCD in early December prior to the December 15, 2021, Council meeting; and
WHEREAS, the City Council may adopt the HEU prior to HCD's final review and approval
of the HEU as is necessary to meet required deadlines established by the state per adoption due
dates described above.; and
WHEREAS, once HCD determines the HEU fulfills the state requirements, and upon
adoption of the HEU by the City Council, the final adopted HEU will be submitted to HCD for their
final certification; and
WHEREAS, state law requires an update to safety elements upon each revision of a
Housing Element or local hazard mitigation plan (no less than once every eight years). The Safety
Element update is required to identify new information related to flood and fire hazards as well as
climate adaptation and resiliency strategies applicable to the City that was not available at the
time of a prior revision and adoption of the Safety Element; and
WHEREAS, as required by state law, the City's Safety Element update was submitted to
CalFire's Department of Forestry and Fire Protection for their review and recommendations; and
WHEREAS, on September 21, 2021, the Department of Forestry and Fire Protection
reviewed the Safety Element update and from their assessment of the Safety Element found it
met all requirements with no recommended changes; and
WHEREAS, Airport Land Use Commission (ALUC) review is required for this update
because it involves amending the General Plan and zoning designations (legislative actions) that
are applicable city-wide, and as such, includes areas within the March Air Reserve Base and
Perris Valley Airport compatibility zones; and
WHEREAS, on September 9, 2021, the Riverside County ALUC reviewed and determined
that the proposed Housing, Land Use, Safety Element and Environmental Justice updates,
including the proposed change of zone, to be consistent with the County Airport Land Use
Compatibility Plan; and
WHEREAS, on November 10, 2021, the City of Menifee Planning Commission, held a
Public Hearing on the Project, considered all public testimony as well as materials in the staff
report and accompanying documents for General Plan Amendment No. PLN21-0022 including
comments provided by HCD, which hearing was publicly noticed by a publication in The Press
Enterprise (a newspaper of general circulation), an agenda posting, and notice to property owners
within 300 feet of the Project boundaries, and to persons requesting public notice; and
WHEREAS, on November 10, 2021, the City of Menifee Planning Commission,
unanimously adopted Resolution No. PC 21-554 recommending that the City Council adopt a
resolution approving General Plan Amendment No. PLN21-0022 for the 6th Cycle, 2021-2029
Housing Element, Land Use Element, Safety Element, and Environmental Justice policy updates
to the General Plan; and
WHEREAS, on December 3, 2021, the proposed Project (General Plan Amendment No.
PLN21-0022 and Change of Zone PLN21-0021) was publicly noticed for a public hearing before
the City Council, including notice within a newspaper of general circulation, The Press
Enterprise, to property owners within 300 feet of the Project boundaries, to all relevant public
agencies and anyone requesting public notice; and
WHEREAS, on December 15, 2021, the City of Menifee City Council, held a duly noticed
public hearing to consider adoption of proposed General Plan Amendment No. PLN21-0022,
opened the hearing to receive public testimony; and reviewed all materials in the staff report and
accompanying documents to approve General Plan Amendment No. PLN21-0022; and
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 2020; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee
makes the following Findings:
Section 1: Consistency with the General Plan. The proposed amendments are consistent
with the intent of the vision, goals and policies of the General Plan as a whole.
The proposed amendments are consistent with the intent of the vision, goals, and policies of the
General Plan as a whole, because they include goal and policy updates and land use
amendments intended to comply with state law pertaining to general plans. Per state law, the
primary purpose of the HEU is to: 1) evaluate and revise, as appropriate, the City's housing goals
and policies to ensure consistency with and to help attain State housing goals; 2) evaluate the
effectiveness of the HEU over the prior planning period (2014-2021); and 3) evaluate the progress
of the City in implementation of the HEU.
The SEU component is created in accordance with Government Code, section 65302(g) to
address any relevant safety issues to reduce the potential short and long-term risk to the public
from fires, floods, droughts, earthquakes, landslides, climate changes and other hazards. Fire
hazard goals and policies of the SEU have been updated with input from the Fire
Department/CalFire and identifies Fire Hazard Severity Zones based on latest updated California
Department of Forestry High Fire Hazard Severity Zone Maps. In compliance with state law, the
SEU also includes new policies to address potential risks due to fire susceptibility, heat damage,
and drought based on the recommendations of a Climate Vulnerability Assessment prepared for
the SEU.
Finally, EJ policy updates are proposed to comply with state law (SB 1000), which requires cities
to incorporate environmental justice goals and policies into the General Plan if they have
disadvantaged communities within their jurisdiction and when updating/revising two or more
elements of the General Plan.
Section 2: Reasonable controls and standards. The amendment prescribes reasonable
controls and standards for affected land uses to ensure compatibility and integrity of those uses
with other established uses.
The proposed amendment prescribes reasonable controls and standards for affected land uses
to ensure compatibility and integrity of those uses with other established uses, because, specific
to the proposed land use changes, all sites proposed for General Plan land use amendments are
generally infill sites that currently have EDC land use designations that allow for various
commercial and mixed uses of similar intensity of urban development as the proposed land uses.
Future development under the proposed land uses will be required to meet City zoning and design
standards which further ensure compatibility with other established uses.
Section 3: Health, Safety, and Welfare. The amendment provides for the protection of the
general health, safety and/or welfare of the community.
The proposed amendment provides for the protection of the general health, safety and/or welfare
of the community, in that the General Plan goal and policy updates including proposed land use
amendments will accommodate the City's housing need as identified in the proposed 6` Cycle
HEU. In particular, the proposed higher density land use is intended to provide more affordable
housing options in the City with future multi -family residential development to address the
shortage of housing, particularly affordable housing within the state and meet state requirements.
Further, future development under the proposed land use amendments will be required to meet
City zoning, building, engineering, and fire standards to ensure the protection of the general
health, safety and welfare of the community.
Section 4: Compliance with CEQA. Processing and approval of the permit application are in
compliance with the requirements of the California Environmental Quality Act.
Processing and approval of the permit application comply with the requirements of CEQA as the
City has prepared a Programmatic Environmental Impact Report (PEIR) for the Project in
compliance with CEQA requirements. Based on data and analysis provided in the PEIR, the
Project would not directly result in significant adverse environmental impacts. All potential
impacts were determined to be less than significant without mitigation or can be reduced to a less
than significant level with implementation of the mitigation measures identified in the PEIR.
Additionally, no cumulative significant impacts were identified in the PEIR based on findings that
the Project's contributions to such impacts are considered not to be cumulatively considerable.
Section 5. That the City Council determine that the "Findings" set out above are true and correct.
Section 6. That the City Council finds the facts presented within the public record and
within this City Council Resolution provide the basis to approve General Plan Amendment
No. PLN21-0022, as shown in the proposed General Plan land use map changes
attached as Exhibit " 1 " to this Resolution, and that the City Council approve the General
Plan Amendment."
PASSED, APPROVED AND ADOPTED this 15T" day of December, 2021
Bill Zimmerman, Mayor
Approved as to form:
Je re . MelchYglity Attorney
Attest:
A. Manwaridg, City C
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-MENIFEE
\ /
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing City
Council Resolution No. 21-1111 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the 15th of December 2021 by the following vote:
Ayes:
Deines, Karwin, Sobek, Zimmerman
Noes:
Liesemeyer
Absent:
None
Abstain:
None
h A. Mariwaring, MMC
Clerk