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PC22-557RESOLUTION NO. PC 22-557 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL FIND THAT PROPOSED CHANGE OF ZONE (CZ) NO. PLN 21-0408 IS EXEMPT FROM ENVIRONMENTAL REVIEW AND THAT THE CITY COUNCIL ADOPT PROPOSED CHANGE OF ZONE (CZ) NO. PLN 21-0408 TO AMEND THE MENIFEE MUNICIPAL CODE BY REVISING TABLE 9.140.030-1 (ECONOMIC DEVELOPMENT CORRIDORS ZONES) AND AMENDING THE DEFINITIONS OF MANUFACTURING, WAREHOUSING, LOGISTICS/DISTRIBUTION, FULFILLMENT CENTERS, AND RESEARCH AND DEVELOPMENT. WHEREAS, on December 13, 2021, the City of Menifee created an application for Change of Zone (CZ) No. PLAN 21-0408 to change the Permitted Use Table 9.140.030-1 (Economic Development Corridors Zones) to prohibit General Warehousing in the McCall Boulevard and Southern Gateway subdistricts and amend the definitions to the code for the following uses: Manufacturing, Warehousing, Logistics/Distribution, and Fulfillment Centers; and, WHEREAS, on January 4, 2022, the Riverside County Airport Land Use Commission (ALUC) found Change of Zone (CZ) No. PLAN 21-0408 consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan; and, WHEREAS, on January 26, 2022, the proposed amendments to the development code were on the Planning Commission agenda. Due to a technical error with the zoom account, members of the public who desired to participate virtually were unable to join the meeting. The Planning Commission elected to continue the item to the following Planning Commission meeting to be held on February 9, 2022, to allow all member of the public the opportunity to participate and provide input on the proposed development code amendment; and, WHEREAS, on February 9, 2022, the Planning Commission held a duly noticed public hearing on the modification, considered all public testimony as well as all materials in the staff report and accompanying documents for Change of Zone (CZ) No. PLAN 21-0408, which hearing was publicly noticed by a publication in the newspaper of general circulation, and an agenda posting; and, WHEREAS, the Planning Commission considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts that proposed Change of Zone (CZ) No. PLAN 21-0408 may have upon the environment; and, WHEREAS, the Planning Commission considered, among others, Goals and Policies of the City's adopted General Plan, as outlined in the findings below. NOW, THEREFORE, the Planning Commission of the City of Menifee makes the following findings pursuant to section 9.115.070 Findings for Approval: Change of Zone (CZ) No. PLAN 21-0408 February 9, 2022 Section 1: The proposed zone or amendments to this Title is consistent with the intent of the goals and policies of the General Plan. Consistency with General Plan The proposed modifications to the Zoning and Development Code set to modify the permissible uses in an established zone as well as make modifications to the definitions of the Zoning and Development Code. The proposed modification is not a project and will not construct any structure nor propose any development. The proposed changes will remain consistent with the General Plan. In addition, the modification is consistent with the following City of Menifee General Plan policy: • LU-1.10: Buffer sensitive land uses, such as residences, schools, care facilities, and recreation areas from major air pollutant emission sources, including freeways, manufacturing, hazardous materials storage, and similar uses. The location of the proposed modifications is surrounded by a variety of commercial, residential, and public land uses. The proposed modifications to the Zoning and Development Code will help buffer these uses from any future potential impacts to existing and future land uses. Section 2: The proposed zone or amendments to this Title (the Zoning and Development Code) prescribes reasonable controls and standards to ensure compatibility with other established uses. The proposed modifications to the Zoning and Development Code will help provide more cohesive design standards for the existing built environment. These standards will ensure that there will be a smooth and buffered transition between existing and future land uses. The new development standards will continue to promote the strategic and controlled growth. Section 3: The proposed zone or amendments to this Title provides reasonable property development rights while protecting environmentally sensitive land uses and species. The Change of Zone will make minor modifications to the existing Zoning and Development Code. The reasonable property development rights of landowners will not be impacted. The proposed changes seek to preserve the character of the city while creating a framework for thoughtful and compatible growth. Section 4: The proposed zone or amendments to this Title ensures protection of the general health, safety and welfare of the community. Page 2 of 4 Change of Zone (CZ) No. PLAN 21-0408 February 9, 2022 The Change of Zone will not result in conditions detrimental to the public health, safety, or general welfare as designed and conditioned. The proposed approval is not a project and will not construct a development. The Change of Zone has been reviewed by a variety of Departments to ensure compliance with applicable regulations. Therefore, the modification would 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 impacted vicinity. Section 6: Compliance with California Environmental Quality Act (CEQA). Processing and approval of the tentative tract map application are in compliance with the requirements of CEQA. That the City Council find that proposed Change of Zone (CZ) No. PLAN 21-0408 is exempt from CEQA. The adoption of the proposed amendment does not fall within the definition of a "project' under CEQA because it, as a narrative 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(b)(5)). In addition, the adoption of the proposed amendment is exempt from CEQA because there is no possibility that the proposed ordinance, as a textual change to the Municipal Code, may have a significant impact on the physical environment (CEQA Guidelines 15061) and because, per Section 15061(b)(3), it can be seen with certainty to have no possibility of a significant effect upon the environment. Therefore, proposed Change of Zone (CZ) No. PLAN 21-0408 is exempt from further environmental review and staff should be authorized to sign and forward a Notice of Exemption. 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. NOW, THEREFORE, The Planning Commission of the City of Menifee recommends to the City Council the following: That the City Council determine that the Findings set out above are true and correct. Page 3 of 4 Change of Zone (CZ) No. PLAN 21-0408 February 9, 2022 2. That the City Council finds that the facts presented within the public record and within the Planning Commission Resolution and Exhibit A provide a basis to approve Change of Zone (CZ) No. PLAN 21-0408. PASSED, APPROVED AND ADOPTED this the 91h day of February 2022. 2L David White, Chairman Attest: 'Pc'te�� ep nie Roseen, beputy City Clerk Approved as to form: Tha han, Assistant City Attorney Page 4 of 4 Exhibit A; Proposed Land Use Table and Definitions February 9, 2022 Exhibit A Proposed Portion of Land Use Table Allowed Use EDC- EDC- EDC- EDC- EDC- Additional NG NiB CC NTR SG Requirements Research and development (except noxious, explosives, P or dangerous materials Qipg;e ,s Waf eho diSt ibUtIGR ente .. �a Warehouse kexcept noxious, explosives; or dangerous materials Fulfillment Center P Warehousing, logistics and. P - -- - distribution faciht3F Proposed Portion of Definitions - Chapter 9.300 Manufacturing. To assemble, fabriGate, GemPOWRd, PFOGess, treat eF FemanufaGtufe. means a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental processing of extracted or raw materials. They are characterized by having bay doors with a ratio of approximately 1:15,000-20,000 square feet. (excludes noxious, explosive or dangerous materials) Handcraft Manufacturing. On -site production, within an enclosed structure, of goods by hand manufacturing that involves the use of hand -tools and small-scale, light mechanical equipment (e.g., drills and saws; hammers and chisels; paint brushes and sprayers; pottery wheels and kilns; sewing machines; spinning wheels; welding) and that has no negative external impacts on surrounding properties. Handcraft manufacturing also includes the incidental direct sale to consumers of those goods produced on -site. Handcraft manufacturing does not include specialized retail uses (see Retail, Specialized) - Light -Intensity Manufacturing. The manufacturing, assembling, processing, storage or packaging of products, including: Exhibit A; Proposed Land Use Table and Definitions February 9, 2022 1. The manufacturing of electric and electronic circuits and instruments and devices, such as, but not limited to, radio and television, phonographic equipment, calculators, computers, semi -conductors and transistors, and similar uses. 2. The manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials such as, but not limited to, cloth plastic, paper, leather, and precious or semi-precious metals or stones. 3. The manufacturing of pharmaceutical products. Light -intensity manufacturing does not include such operations as saw and planing mills, any manufacturing uses involving primary production of wood, metal or chemical products from raw materials and similar uses, uses involving the manufacturing, processing, storage or packaging of petroleum, and heavy agricultural products or other hazardous materials, or vehicle -dismantling vards, scrap and waste vards. Medium -Intensity Manufacturing. Any manufacturing, storage, and distribution that does not include hazardous wastes or result in large truck usage/parking on the site. Heavy -Intensity Manufacturing. The manufacturing, assembly, processing, storage, or packaging of products involving chemicals, petroleum, and heavy agricultural products or other hazardous materials. Research and Development. Facilities for scientific research, design and development. Development and testing of computer software, and electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are generally not associated with a manufacturing facility on the same site. Also includes chemical and biotechnology research and development. Warehouse. used prjrnaril y for the ste Fag nf_96 rl T,� S Fulfillment Center. Means a facility whereby a building is primarily used to receive, process, and fulfill numerous customer orders associated with electronic commerce ("e- commerce" retailers) or similar high capacity and high frequency orders and deliveries. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees. (excludes noxious, explosive or dangerous materials) Warehousing, logistics and distribution facility means warehouse/distribution facilities used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and excludes bulk storage of materials, which are flammable or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers generally have a dock -high loading door ratio of approximately 1:5,000-8,000 square feet. They are characterized by dock high loading doors, could be on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment. (excludes noxious, explosive or dangerous materials) MENIFEE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC22-557 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 9 day of February 2022 by the following vote: Ayes: Madrid, Thomas, White, Diederich Noes: LaDue Absent: None Abstain: None 6S4tph6n=eRosebn, CMC Acting City Clerk