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16-547ORDINANCE NO. 2016-094 1 AN ORDINANCE OF THE CITY COUNCIL OF THE 2 CITY OF MENIFEE AMENDING COUNTY LAND USE 3 ORDINANCE NO. 348 (AS ADOPTED BY THE CITY 4 UPON INCORPORATION) RELATING TO ZONING 5 6 The City Council of the City of Menifee finds as follows: 7 Section 1. Article XVIIa of Ordinance No. 348 is amended in its entirety to 8 read as follows: 9 Section 17.86 SP ZONE REQUIREMENTS AND STANDARDS FOR SPECIFIC 10 PLAN NO. 282. 11 a. Planning Area 3 12 (1) The uses permitted in Planning Area 3 of Specific Plan No. 282 shall 13 be the same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, 14 except that the uses permitted pursuant to Section 6.1.a. (2) and (3), b.(l) and (3), and 15 d. shall not be permitted. 16 (2) The development standards for Planning Area 3 of Specific Plan No. 17 282 shall be the same as those standards identified in Article VI, Section 6.2 of 18 Ordinance No. 348, except that the development standards set forth in Article VI, 19 Section 6.2a., b., c., d. and e.(1), (2) and (4) shall be deleted and replaced by the 20 following: 21 A. Building height shall not exceed two (2) stories with a maximum 22 height of thirty-five feet (35'). 23 B. Lot area shall be not less than five thousand five hundred 24 (5,500) square feet. The minimum lot area shall be determined by excluding 25 that portion of a lot solely for access to the portion of a lot used as a building 26 site. 27 C. The minimum average width of that portion of a lot to be used 28 as a building site shall be 55 feet with a minimum average depth of 100 feet. 29 That portion of a lot used for access on flag lots shall have a minimum width 30 of 20 feet. 31 DC. The minimum frontage of a lot shall be forty feet (40') except 32 1 702 that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 1 thirty feet (30'). Lot frontage along curvilinear streets may be measured at 2 the building setback in accordance with zone development standards. 3 E. The minimum front yard setback to habitable space shall be: 4 AA. Fifteen feet (15’) for single-story structures. 5 BB. Twenty feet (20’) for two-story or three-story structures. 6 F. The minimum front yard setback to garages shall be: 7 AA. Twenty feet (20’) for front-entry garages. 8 BB. Fifteen feet (15’) for side-entry garages. 9 GD. Side yards on interior and through lots shall be not less than 10 five feet (5'). Side yards on corner and reverse corner lots shall be not less 11 than fifteen feet (15') from the existing street line or from any future street 12 line as shown on any Specific Plan of Highways, whichever is nearer the 13 proposed structure, upon which the main building sides. 14 HE. Fireplaces may encroach two feet (2’) into side yard setbacks. 15 No other structural encroachments shall be permitted in the front, rear or side 16 yard except as provided for in Section 18.19 of Ordinance No. 348. 17 In addition, the following development standard shall also apply: 18 AA. Lot coverage shall not exceed sixty percent (60%) of 19 the net area of a lot. 20 (3) Except as provided above, all other zoning requirements shall be the 21 same as those requirements identified in Article VI of Ordinance No. 348. 22 b. Planning Area 4 23 (1) The uses permitted in Planning Area 4 of Specific Plan No. 282 shall be the 24 same as those uses permitted in Article VI, Section 6.1 of Ordinance No. 348, except that the 25 uses permitted pursuant to Section 6.1.a (2) and (3), b.(l) and (3), and d. shall not be 26 permitted. 27 (2) The development standards for Planning Area 4 of Specific Plan No. 282 28 shall be the same as those standards identified in Article VI, Section 6.1 of Ordinance No. 29 348, except that the development standards set forth in Article VI, Section 6.1.a.(2) and (3), 30 b.(1) and (3), and d. and e.(1) shall be deleted and replaced by the following: 31 A. Building height shall not exceed two (2) stories with a maximum 32 2 703 height of thirty-five feet (35’). 1 B. Lot area shall be not less than six thousand five hundred (6,500) 2 square feet. The minimum lot area shall be determined by excluding that portion of a 3 lot solely for access to the portion of a lot used as a building site. 4 C. The minimum front yard setback to habitable space shall be: 5 AA. Fifteen feet (15’) for single-story structures. 6 BB. Twenty feet (20’) for two-story or three-story structures. 7 D. The minimum front yard setback to garages shall be: 8 AA. Twenty feet (20’) for front-entry garages. 9 BB. Fifteen feet (15’) for side-entry garages. 10 EC. Side yards on interior and through lots shall be not less than five feet 11 (5’). Side yards on corner and reverse corner lots shall be not less than fifteen feet 12 (15') from the existing street line or from any future street line as shown on any 13 Specific Plan of Highways, whichever is nearer the proposed structure, upon which 14 the main building sides. 15 FD. Fireplaces may encroach two feet (2’) into side yard setbacks. No 16 other structural encroachments shall be permitted in the front, rear or side yard except 17 as provided for in Section 18.19 of Ordinance No. 348. 18 (3) Except as provided above, all other zoning requirements shall be the same as 19 those requirements identified in Article VII of Ordinance No. 348. 20 21 c. Planning Area 5 22 (1) The uses permitted in Planning Area 5 of Specific Plan No. 282 shall 23 be the same as those uses permitted in Article Vllle, Section 8.100 of Ordinance No. 24 348, except that uses pursuant to Section 8.100.a.(l). (2), (3), (4), (5), (6) and (7) and 25 b.l shall not be permitted. In addition, the permitted uses identified under Section 26 8.100 shall also include trails. 27 (2) The development standards for Planning Area 5 of Specific Plan No. 28 282 shall be the same as those standards identified in Article Vllle, Section 8.101 of 29 Ordinance No. 348. 30 (3) Except as provided above, all other zoning requirements shall be the 31 same as those requirements identified in Article Vllle of Ordinance No. 348. 32 3 704 1 Section 3. This ordinance shall take effect 30 days after its adoption. 2 3 PASSED, APPROVED and ADOPTED this ______ day of June, 2016, by the 4 following vote: 5 6 AYES: 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 11 12 Scott Mann, Mayor 13 14 Attest: Approved as to form: 15 16 17 ______________________ ______________________ 18 Sarah Manwaring, City Clerk Jeff Melching, City Attorney 19 4 705 CITY OF MENIFEE Community Development Department Jeff Wyman · Interim Development Director Notice of Determination TO: Office of Planning and Research (OPR) P.O. Box 3044, Sacramento, CA 95812-3044 County Clerk County of Riverside, 2720 Gateway Dr., Riverside, CA 92507 FROM: Lead Agency: City of Menifee Com. Dev. Department Address: 29714 Haun Road, Menifee, CA 92586 Contact Person: Lisa Gordon, Planning Manager Phone Number: 951-672-6777 SUBJECT: Filing of Notice of Determination in compliance with Section 21152 of the California Public Resources Code. State Clearinghouse Number (if submitted to State Clearinghouse): N/A Project Title: Canyon Cove Substantial Conformance No. 2016-073 and Change of Zone No. 2016-127 Project Applicant: Brookfield Residential (Attn. Adrian Peters), 3090 Bristol St. Ste. 220, Costa Mesa CA 92626 Project Location (include county): The project site is located south of Newport Road, east of Goetz Road, west of Rattle Dance Way and north of Holland Road in the City of Menifee, County of Riverside, State of California. APNs 358-080-005, -016, -017 and -018. Project Description Planning Application No. 2016-073 Substantial Conformance Determination No. 2 to Specific Plan No. 282 (Canyon Cove) proposes to modify the front yard setbacks of Residential Planning Areas No. 3 and 4 from 20 feet to the following: 20 ft. front yard setback for two-story or three-story homes, 15 ft. front yard setback for one-story homes, all front facing garages shall have a minimum 20 ft. front yard setback. This applies to one, two and three story homes and all side loaded garages shall have a minimum 15 ft. front yard setback. This applies to one, two and three story homes. The application also includes a modification to the minimum average lot width for Planning Area 3 to reduce the minimum average width from 60 feet to 55 feet consistent with the minimum lot size approved by the County of Riverside for Planning Area 3 under Substantial Conformance Determination No. 1 to Specific Plan No. 282. Change of Zone No. 2016-127 proposes to update the Specific Plan zoning ordinance to reflect the modified setbacks and lot width described under the Specific Plan Substantial Conformance No. 2. This is to advise that the City of Menifee Planning Commission, as the lead agency, has approved the above-referenced project on August 3, 2016, and has made the following determinations regarding the above described project: 1. The proposed implementing project will not have a significant effect on the environment. Impacts for the project area were previously addressed and mitigation measures adopted as part of the Canyon Cove Specific Plan Environmental Impact Report (EIR 394) and Addendum to the EIR (EA 39396). 2. Environmental Impact Report No. 394 (SCH#93082011) and Addendum (EA 39396) were prepared for the Specific Plan development pursuant to the provisions of CEQA. No further environmental documentation is required because: a. All potentially significant effects of the proposed project have been adequately analyzed in an earlier EIR and Addendum adopted by the County of Riverside pursuant to applicable legal standards; b. All potentially significant effects of the proposed project have been avoided or mitigated pursuant to that earlier EIR except those for which a statement of overriding considerations was adopted; c. The proposed project will not result in any new significant environmental effects not identified in the earlier EIR; d. The proposed project will not substantially increase the severity of the environmental effects identified in the earlier EIR; e. No considerably different mitigation measures have been identified; and f. No mitigation measures found infeasible have become feasible. 3. Mitigation measures were made a condition of the approval of the FEIR and are applicable to this project. 4 A Mitigation Monitoring and Reporting Plan/Program was adopted for the FEIR and the project is subject to the Program. 5. A statement of Overriding Considerations was adopted for the Specific Plan project and applies to this application. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final EIR and Addendum with comments and responses and record of project approval is available to the general public at the City of Menifee Community Development Department, 29714 Haun Road, Menifee, CA 92586. Sarah Manwaring, Menifee City Clerk Signature Title Date 706 Exhibit D SUMMARY Summary of Pertinent Land Use and Policy Designations for Proposed Project Category Information Assessor Parcel Number 358-080-005, -016, -017 and -018 Existing General Plan Land Use Designation Specific Plan (Canyon Cove) City of Menifee Surrounding General Plan Land Use Designation North: Specific Plan (Audie Murphy Ranch) South: Rural Residential 5 acre minimum (RR5) and City of Lake Elsinore Canyon Hills Specific Plan East: Specific Plan (Audie Murphy Ranch) West: Specific Plan (Audie Murphy Ranch) Existing Zoning Designation Specific Plan No. 282 (Canyon Cove) Surrounding Zoning North: Specific Plan No. 209 (Audie Murphy Ranch) South: Residential Agricultural – 5 Acre Minimum (R-A-5), City of Lake Elsinore Canyon Hills Specific Plan East: Specific Plan No. 209 (Audie Murphy Ranch) West: Specific Plan No. 209 (Audie Murphy Ranch) Existing Use Vacant, approved Tentative Tract Map No. 32025 for 198 residential lots, parks and open space Surrounding Uses North: Single Family Residential (TR31391 – 7,200 sq. ft), Audie Murphy Ranch Sports Park, Newport Road and Salt Creek South: Vacant land, Designated Open Space, Holland Road, East: Single Family Residential (TR31391 – 7,200 sq. ft) West: Single Family Residential (TR31392 – 7,200 sq. ft), Gross (Net) Acreage 130 gross acres Environmental Review No Further Environmental Review Required District Information School: Menifee Union School District & Perris Union High School District Water: Eastern Municipal Water District Flood Control: Riverside County Flood Control District (flood plain review not required) Community Facilities District: 2012-1 Fees 1. Subsequent reviews fees on an hourly basis 2. Development Impact fees (Ord. No. 659) 3. Western Riverside Multi-species Habitat Conservation Plan fee (Ord. No. 810) 4. Stevens’ Kangaroo Rat Habitat Conservation fee (Ord. No. 663.10) 5. School mitigation fees 6. Western Transportation Uniform Mitigation Fee (Ord. No. 824) (central) Letters Received None as of the writing of this staff report. Source: Planning Case file and GIS system, June 2016 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 TRACT NO 31831 0' 40' 80' 120' CITY OF MENIFEE TRACT NO. 36788 723 724 725