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2023-365 CHANGE OF ZONE NO. PLN21-0405, CHANGES: l) THE ZONING OF 28 PROPERTIES CONSISTING OF 533.9 ACRES ON PROPERTY FROM ECONOMIC DEV. CORRIDOR SOUTHERN GATEWAY (EDC-SG) TO ECONOMIC DEV CORRIDOR COMMUNITY CORE (EDCCC)oRDtNANCE NO.23-365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IIIIENIFEE APPROVING CHANGE OF ZONE NO. PLN2I-0405, WHICH CHANGES: l) THE ZONING CLASSIFICATION OF 28 PROPERTIES CONSISTING OF 533.9 ACRES ON PROPERTY FROM ECONOMIC DEVELOPMENT CORRTDOR SOUTHERN GATEWAY (EDC-SG) TO ECONOMTC DEVELOPMENT CORRTDOR COMMUNTTY CORE (EDC- CC); 2) UPDATE THE DEFINITION OF THE BUSINESS PARK LAND USE DESIGNATION; AND 3) CHANGE THE PERi'ITTED USE TABLE FOR BUSINESS PARK AND ECONOTIC DEVELOPMENT CORRIDOR ZONING OISTRICTS WHEREAS, on December 10, 2021, the City of Menifee created an application for Change of Zone (COZ) No. PLN 21-0405 to: 1) change the zoning map on 533.9 acres to be consistent with the new General Plan Land Use; 2) update the defnition ofthe Business Park (BP) land use designation; and 3) change the Permitted Use Table for the Business Park zoning district. The definition of the BP land use designation would be revised to remove warehouse/distribution uses as permitted uses within BP-designated land in Menifee; and, NOW, THEREFORE, the City Council of the City of Menifee does ordain as Section l: The proposed COZ is consistent with the intent of the goals and policies of the General Plan The general plan and zoning for the project site is Economic Development Corridor. The proposed modifications to: 1) amend the General Plan Land Use Map for 533.9 acres of land (28 parcels) from EDC-SG to EDC-CC land use designation in the southern portion of Menifee; 2) amend Exhibit LU-3 (Land Use Designations) of the general plan; 3) WHEREAS, the application for the General Plan Amendment is being processed concurrently with application for a General Plan Amendment No. PLN 21-0404 located on properties south of Garbani Road, north of Scott Road, east of Sherman Road, and west of Palomar Road; and WHEREAS, on November 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 COZ No. PLN21-0405, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the modification's boundaries, and to persons requesting public notice; and WHEREAS, at the Novembet 9, 2022, Planning Commission public hearing, based upon the materials in the staff report and accompanying documents, public comment, and Planning Commission discussion, the City of Menifee Planning Commission recommended that the City Council approve COZ No. PLN21-0405; and, WHEREAS, on January 18, 2023, the City Council 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 the Project, including the consideration of the Addendum, which hearing was publicly noticed by The Press Enterprise, a newspaper of general circulation, an agenda posting, and to persons requesting public notice; and follows: Page 2 of 3 Change of Zone No. PLN21-0405 amend Exhibit LU-4 (Land Use Buildout Summary) of the general plan; 4) amend the Land Use Background Document and Definitions; and 5) amend the Economic Development Corridor subareas that will provide consistency with previous changes in the Economic Development Corridor subareas. As proposed, the project will remain consistent with the General Plan by being strategic with development in certain parts of the City. Section 2:The proposed COZ prescribes reasonable controls and standards to ensure compatibility with otfier estab/ished uses. The proposed amendments as outline in Finding 1, prescribe reasonable controls and standards to ensure compatibility with other established uses in the area. The expansion of the Community Core District will eliminate certain uses that may create certain environmental impacts and will be compatible with the existing commercial uses established north of the project site. Additionally, the amendment to the Land Use Business Park designation will ensure that there is more compatibility between the uses allowed in the Business Park and adjacent zoning districts. Section 3: Ihe proposed COZ provides reasonable property development rights while protecting environmentally sens,l,ve /and uses and specles Although the expansion to the Community Core District will restrict certain uses, the reasonable property development rights of landowners will not be significantly impacted. The proposed changes seek to preserve the character of the corridor while creating a framework for thoughtful and compatible groMh. Section 4: Ihe proposed COZ ensures protection of the general health, safety and welfare of the community. The amendments as outline in Finding 1, will not result in conditions detrimental to the public health, safety, or general welfare as cunently proposed. The land use change and general plan text amendment does not involve physical construction; however, it does restrict certain land uses in order to maintain a commercial/office corridor aligned with the City's vision for the EDC corridor. Additionally, the removal of warehousing/distribution as a permitted use in the Business Park designation will further protect residential land uses adjacent to Business Park. 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. 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 5: GECDA Com pliance. The City is the lead agency under the California Environmental Quality Act (CEOA). The City certified the General Plan EIR (State Clearinghouse No.2012071033) by Resolution No. 13-347 on December '18, 2013, and certified the Housing Element Update EIR by Resolution No. 2'l-1 111 on December 15, 2021, in compliance with CEQA. Following review of the proposed project, the City as the Lead Agency, determined it is subject to CEQA Guidelines and regulations. The City has prepared an Addendum to the General Plan EIR and Housing Element Update EIR to analyze the potential impacts associated with the proposed project (GPA and COZ) and satisfy the requirements of CEQA Guidelines Section 15164, Addendum to an EIR or Negative Declaration. Page 3 of 3 Change of Zone No. PLN21-0405 Section 6: Approval of the COZ. The City Council hereby approves COZ No. PLN21- 0405 to: 1) change 28 parcels from EDC-SG to EDC-CC; 2) update the definition of the Business Park (BP) land use designation; and 3) change the permitted use table for the Business Park and EDC zoning distric{s as shown in Exhibit "A" of this Ordinance. Section 7: Effective Date. The Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption. Section 8: Severability. lf any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance 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 Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivision, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 9: Notice of Adoption. The City Clerk is authorized and direc{ed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c). This Ordinance was introduced and read on the 18th day of January 2023 and PASSED, APPROVED ANO ADOPTEO this 1st day of February 2023. 1/ ) )-/en@#-rnm, Mayor Attest A. Ka Acting City Clerk Approved as to form: J . Melching,Attorney Exhibit A Chapter 9.1-35 Commercial and lndustrial Zones !co ae xr The following descriptions of each commercial andindustrial zoning district identify the general characteristic uses, intensity of uses, and type of development intended for that district: A. Commercial Retail (CR), Allows neighborhood, local, and regional serving retail and service uses. Hotels are also permitted in this designation. The permissible develooment densitv is between the minimum and maximum floor area ratio (FAR) of 0.20 - 0.3s B. Commercial Office (COl. Allows a variety of office-related uses, including financial, legal, insurance and other office services; corporate offices; supporting hotel and ancillary retail uses are also permitted. The permissible develooment densitv is between the minimum and maximum floor area ratio (FAR) of 0.25 - 1.00. C. Business eel! (BP). Allows industrial and related uses including wa+eneusin#aist+ig*ie*, assembly and lisht manufacturinp. repair facilities, and business parks, including corporate offices. Employee-intensive uses, including research and dgyglgpllCqL technology centers, "clean" industry, and supporting lqlgland ancillary retail uses are also permitted. The permissible development densitv is between the minimum and maximum !1991_3199 ratio (FAR) of 0.25 - 0.50. D. Heavy lndustry (Hl). Allows more intense industrial activities, such as manufacturins uses, that can Benerate significant impacts such as excessive noise. dust, and other 1g!g34ggg. The permissible develooment densitv is between the minimum and maximum floor area ratio (FAR) of 0.15 - 0.50. CN CC BD HI Allowed Use Table. Table 9.135.030-1 identifies allowed uses and corresponding approval requirements for the commercial and industrial zones subject to compliance with all other provisions of this Title. Descriptions/definitions of many of the land uses can be found in Article 6 of this title (Definitions). The list of land uses on Table 9.135.030 shall be permitted in one or more of commercial and industrial zones as indicated in the columns corresponding to each zone. Approval Reguirements. Where indicated with a letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a "--," the use is prohibited within the zone. The Additional Requirements column in the table identifies additional use regulations for specific uses and/or the specific chapter or section where additional regulations for that use type are located within this title, where applicable. Uses for which additional requirements are listed shall be allowed only upon satisfaction of the specified additional requirements. Under no circumstances shall Table 9.135.030-1 authorize a use without satisfaction of such specified additional requirements Unlisted Uses. Uses not specifically listed in this table shall be considered not permitted in all of the listed zones. The Community Development Director may make a determination pursuant to Chapter 9.95 (Similar Use Determination) that new uses not listed here that have substantially A B c 9.135.030 Allowed Uses and Approval similar characteristics to specific listed permitted uses may be considered permitted as the similar use by right, or conditionally as appropriate. Adult businesses See ordinance XX Airport c C c P P P c P c Amusement park, (including multiple activities such as simulated flying, racing, mini-golf, etc,) lndoor Outdoor P c P P chapter 9.235 (Animal xeepint) Animals, small (e.9. hamste.s, rabbits, chinchillas, and similar sized animals) Non-commercial Commercial P Animal hospitals and veterinary services (with outdoor facilities) P c P c c Animal Rescue c Chapter 9.235 (Animal Keeplng) Antique shops, pawn shops, thrift stores P c Outside collection bins prohibited Art gallery, library, reading room, museum.P P P P P Auction Houses P P Auditoriums, event centers and assembly areas, including live entertainment: lndoor Outdoor P c 8akery goods distributors.P P P @@@ Additional Requirements Table 9.135.030-1 Commercial and lndustrial zones - Allowed uses and Approval Requirements Allowed Use ca Ambulance services Amusement arcade P c Art supply shops and studios. P c c Bakery shops, coffeehouse, cybercafd, Delicatessens, lce cream shops P P P P PBanks and financial institutions. c cBanquet facilities. P c c c Batting caSes - indoor Outdoor Chapter 9.250 (Alcohol sales)Billiard and poolhalls, Bowling alleys P P Chapter 9.250 (Alcohol sales)c Breweries, distilleries, and win€ making facilities with on-site tasting room and sales for off-site consumption PPPBusines5 services cPCar wa5hes c c cc Caretaker residence or on-site operator residence, only as accessory to primary use PPCatering services c ccemeterieS and mausoleums cccClinics, including but not limited to medical and urgent care Collection Containers Pcommercial tel€vision and radio broadcast structures cConcrete batch plants and asphalt plants c Chapter 9.270 (Community Care Facilities) cCongregate care facility c cContractor, landscape and building materials storage yard PPConvenience stores, not including the sale of motor vehicle fuel Table 9.135.030-1 Commercial and lndustrial Zones - Allowed Uses and Approval Requirements Allowed Use ce ao BP HI Additional Requirements P P Dance Halls, night clubs, discos, cabarets, cocktail lounges, lodges and incidental dancing areas, and similar facilities where dancing is the principal u5e c chapter 9.250 (Alcohol Sales) Day Care Center c c Chapter 9.270 (Community Care Facilities) Department stores P P Dru8 Store P Dry cleanint and laundromats (except uniform supply and industrial launderers); P c c c c c c Eme.gency shelte.s ln locations specified in the Housing Element Equipment sales and rental, Large (including large vehicles, trucks with beds over 18 feet in length, eighteen plus (18+) wheelers, and construction equipment) c Equipment sales and rental, Small (includinS rototillers, power mowers, sanders, power saws, cement and plaster mixers not exceeding 20 cubic feet in capacity and other similar equipment) P c c Fast food/quick service, with drive- through c c c Fast food/quick service, without drive- through P P P Feed and grain sales c Fertilizer production and processing (organic or inorganic)c Table 9.135.03&1 Commercial and lndustrialZones - Allowed Uses and Approval Requirements @ Additional RequirementsAllowed Use 8p HI c P P Educational lnstitution P Funeral parlor, mortuary with crematorium c c Funeral parlor, mortuary without crematorium P c c Gas statlon with/without convenience store, with or without alcoholic beverage sales, and with or without car wash L c c General retail P General warehousing, distribution centers, and storage (except noxious, explosives, or dangerous materials) +P Golf Course Golf driving range (not in association with full rcale course)c c Governmenta I facility P P Grocery Store P Chapter 9.250 (Alcohol sales) P c P C Hardware and Building Supplies without outdoor sales/storage with outdoor sales/storage P c Health, fitness, dance, martial arts studio <5,000 sq.ft. >5,000 sq.ft P c c c P c c CHeliports Hospital c c CHotels and resort hotels Chapter 9.235 (Animal Xeeplng)c cKennelor cattery Table 9.135.030-1 Commercial and lndustrial Zones - Allowed Uses and Approval Requirements Allowed Use @@@CR Additional Requirements P P P c Laboratories, research and development P P P Live/work units c c c l-umber yard c Manufacturing, Handcraft P P P P Manufacturing, Light-lntensity c P P c c PManufacturing, Medium-lntensity Manufacturing, Heavy-lntensity Mariiuana dispensaries, mobile marijuana dispensaries, mariiuana cultivation, and marUuana processing Massage Establishment c c Material storage yard c P Membership clubs, organlzatlons, and lounges c c c Mobile home sales and storaSe, trailer sales and rental house trailers c c c Motels c Motocross Facilities, Bicycle (BMX) course Motor vehicle body, paint and upholstery shops c c P Chapter 9.240 (Motor Vehicle and Related uses) Motor vehicle parts and supply stores P C Motor vehicle repair/services (e.9. tune- ups, emission tests, brakes, tires, batteries, electrical) P c P Chapter 9.240 (Motor Vehicle and Related Uses) Motor vehicle repairs/services - major (e.9., engine and transmission repair/rebuild, etc.) P chapter 9.240 (Motor Vehicle and Related Uses) Allowed Use Additional Requirements Table 9.135.030-1 Commercial and lndustrial Zones - Allowed Uses and Approval Requirements co BP HI P c Motor vehicle sales and rental (including outdoor display area and repairs associated with sales) c c Chapter 9.240 (Motor Vehicle and Related Uses) Motor vehicle wholesale, with no outdoor display P P P P c Chapter 9.240 (Motor Vehicle and Related Uses) Moto. vehicle impound, wrecking and junk yards Motor vehicle, trailer or boat storage C (indoor only)c chapter 9.240 {Motor Vehicle and Related Uses) P Does not include cultivation of marijuana/cannabis Nurseries and garden supply, indoor and outdoor (retail sales only) P P Poffices, professional and medical P P PParking lots and parking structures PPe.sonal and Professional Services P PPublic utility substations and storage buildings PRadio and television broadcasting and recording studios P c c cRecreational vehicle, trailer and mobile home sales and rental. c c c Chapter 9.280 (Recyclins Facilities)Recycling collection facilities c Chapter 9.280 (Recvcling Facilities)cRecycling processing facilities P PPPReligious institutions P P Chapter 9.250 (Alcohol sales)Restaurant P P Table 9.135.030-1 Commercial and lndustrial Zones - Allowed Uses and Approval Requirements Allowed Use Additional RequirementscoBPHI P P Chapter 9.240 (Motor Vehicle and Related Uses) Residential care facility c Chapter 9.270 (Community Care Facilities) Restaurantswith breweries, distilleries and/or wine making facilities with sales for on-site and off-site consumption c c c Chapter 9.250 (Alcohol sales) Self-Storage, public storage facilities c c P Shooting range; lndoor c Shooting rangej Outdoor Simulated shooting games, lndoor (laser tag, etc.)c c Simulated shooting games, Outdoor (paintball, etc.) Solid Waste Disposal c Specialized Retail P P Sports and recreational facilities (not including motor driven vehicles and riding academies, but including archery ranges, athletic playgrounds, athletic fields, sports arenas, skating rinks, skate parks stadiums, and commercial swimminS pools) lndoor Outdoor P c c c P c P Swap Meets {lndoor only)c c Allactivities must be conducted indoors. Tattoo Establishments c c c Chapter 9.265 (Tattoo Establishments) Theater c c Tourist information centers P P Table 9.135.03G1 Commercial and lndustrialZones - Allowed Uses and Approval Requirements Allowed Use ssJCR BP HI Additional Requirements c Studios for professional work in or teaching of any form offine arts P Towing services (with tow truck parking - no auto storaSe)P P Towing services (with tow truck parking and auto storag€)c Chapter 9,240 (Motor Vehicle and Related Uses) Transportation Stations {bus, railroad and taxi)P P P P c Unlform supplier and industrial launderers c P Utility offices, uses, and structures P P P P Vehicle storage and impoundment within an enclosed building P P Vocational/trade school;c P Warehouse/club 5tore, Standalone facility 50,OOO sq. ft. or larger c c Wholesale businesses with samples on the premises but not includint storage P P Wholesale stores and distributors c Wireless Communi.ation Facilities c c c Chapter 9.290 (wireless Communications Facilities) Table 9.135.030-1 Commercial and lndustrial Zones - Allowed Uses and Approval Requirements @ tr Additional RequirementsAllowed Use BP Trucking and freighting operations c c Dry cleaning and laundromat (except uniform supply and industrial Iaunderers);P P c c c c c P P P P P As mandated by State law and City Housing Element. See footnotet below. cP c c c c May not be located within 1,000 feet of the freeway right-of-way, Equipment (new) sales Small (including rototillers, power mowers, sanders, power !aws, cement and plaster mixe6 not exceeding 20 cubic feet in capacity and other similar equipment) P c cFast food/quick service, with drive-through;c c P P P P PFast food/quick service, without drive- through c P cFeed and grain sales c c c c Gas station with or without a convenience store, with or without alcoholic beverage sales, and with or without car wash GeneralRetail P P P P Golf course c c C c c c c cGolfdriving range (not in association with full scale course) P P PGovernmental facility Chapter 9.250 (AlcoholSales)Grocery Store, Drug Store P P P P cGuns and ammunition store c c c P c P c P c Hardware or Building Supplies Sales without outdoor sales/storage with outdoor sales/storage P c P c P c P c Health, fitness, dance, martial arts studio <5,000 sq.ft, >5,000 sq.ft P c c c c cHeliportsc c c c cHospitalc P P PHotels and resort hotels Additional Requirements@@ Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use tEDc-lrcl EDC.MA EDC-CC c Educational lnstitution c Emertency shelters 1 Equipment (new)sales, Large (including large vehicles, trucks with beds over 18 feet in length, eighteen plus (18+)wheelers, and construction equipment) May not be located within 1,000 feet of the freeway right-of-way. c Fertilizer production and processing organic or inorganic c Chapter 9.250 (Alcoholsales), ln SG-May not be located south of Scott Road. P P P c P c P P Kennel or cattery c c c c c Chapter 9.235 (Animal Keeping) Live/work units Pr c c c c c c EP c P P c EP c P Manufacturing, Medium-lntensity P P Manufacturin& Heaw-lntensity c Marijuana dispensaries, mobile marijuana dispensaries, mariiuana cultivation, and marijuana processing Massage Establishment P c c c c Meat packaging plants, poultry and egg processing, processing and rendering of fats and oils Membershlp clubs, or8anizations, and lounges c c c c c c Motocross Facilities, Bicycle (BMX) course c Motorvehicle body, paint and upholstery shops P c c c Chapter 9.240 (Motorvehicl€ and Related Us€s) Motor vehicle repair^ervices (e.9. tune-ups, emission testt braket tiret batteries, electrical P P c P P Chapter 9.240 (Motor Vehicle and Related Uses) c cMotor vehicle repairs - major (e.8., engine and transmission repair/rebuild, etc.)c c Chapter 9.240 (Motor Vehicle and Related Uses) c c c c c c Chapter 9.240 (MotorVehicle and Related Uses). *P - Permitted in the EDC-CC Auto Overlay Motorvehlcle sales and rental (including outdoor display area and repairs associated with sales): Automobiles Sales Automobile Rental Boats and Rv5 Sales and Rental c c c c c c cr c c Motor vehicle wholesale, with no outdoor display c Chapter 9.240 (Motor Vehicle and Related Uses) Motor vehicle wrecking and junk yards Motor vehicle, trailer or boat storage - lndoor Outdoor Table 9.1t10.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Arroweduse i: Ei*A @ l?Jl[{il -i',flil'J,, Manufacturing, Handcraft P Manufacturing, Light-lntensity Mobile home sales and storage, trailer sales and rental house trailers c c c c cReligious lnstitutions P P P Residential care facility c c c c c May not be located within 1,000 feet of the l-215 right- Restaurants P P P P P Chapter 9.250 {Alcoholsales) Restaurants with ancillary breweries, distilleries and/or wine makint facilities with sales for on-site and off-site consumption P P P P P Chapter 9.250 (Alcoholsales) Self-storage, public storage facilities (new) Self-storage, public storage facilities with or without manate/5 residence onslte (existingas ofthe effective date ofthis ordinance) c c c c May expand only within the footprint of the existing development/p roperty. Shooting range; lndoor P c c c c Shooting range; Outdoor Single-family residences c c c c Requires tentative tract map approval. May not be located within 1,000 feet of the l-215 right- Smoking Lounge c c c C Solid Waste Disposal Sports and .ecreational facilities (not including motor driven vehicles and riding academies, but including archery ranges, athletic playgrounds, athletic fields, sports arenas, skating rinks, skate parks, stadiumS, and commercial swimming pools) c c c Swap Meets (lndoor only) Tattoo Establishments c c c Chapter 9.265 (Tattoo Establishments) Theaters c c P c P Towing services (with tow truck parking, no auto storage)c c Truck stops c c c Vocational/trade school;P c c c P Additional RequirementsAllowed Use Table 9,140.03G1 Economic Development Corridors zones Allowed Uses and Approval Requirements Goc-Cl =DC.MB EDC-CC Ef,C.NR EDC-SC Research and development (except noxious, explosives, or danEerous materials) c c c c p Trucking and freighting operations Updated Zoning Map E LNl],? !l)lr ! lllt J L I r+R.z E r H Rr1 1l-Trf-t- 11 I .t \,: ':,tt rl(: TT) ELt-F: rrtl u + LrlrF-1 I l I l I __I =j t ffiTTI- Fe1 MU RRIETA STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE l, A. Kay Vinson, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2023-365 was duly adopted by the City Council of the City of Menifee at a meeling thereof held on the 1st Day of February 2023 by the following vote. SS ) ) ) Ayes: Noes: Absent: Abstain Deines, Estrada, Kanrin, Sobek, Zimmerman, None None None U;".,-., A , Acting City Clerk MENIFEE \