9.2 Resolution - Recommending City Council Adopt an Ordinance Approving Plannning Case No. LR23-0012RESOLUTION NO. 23-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA, RECOMMENDING THE CITY COUNCIL FIND
DEVELOPMENT CODE AMENDMENT NO. LR23-0012 EXEMPT FROM
ENVIRONMENTAL REVIEW AND ADOPT DEVELOPMENT CODE
AMENDMENT NO. LR 23-0012 TO AMEND HOUSING RELATED
PROVISIONS OF THE MENIFEE MUNICIPAL CODE AS REQUIRED
TO COMPLY WITH STATE LAW AND TO IMPLEMENT THE CITY’S 6TH
CYCLE, 2021-2029 HOUSING ELEMENT
WHEREAS, following adoption of the City’s 6TH Cycle, 2021-2029 Housing
Element in November 2022, the City of Menifee initiated an application for Development
Code Amendment No. LR 23-0012 to amend the Development Code (Title 9 of the
Menifee Municipal Code {“MMC”}) to comply with latest State housing law and to
implement the policies and program actions of the City’s 6th Cycle, 2021-2029 Housing
Element; and
WHEREAS, Development Code Amendment No. LR23-0012 consists of
provisions to support greater housing opportunity to address the State housing crisis
including provisions necessary to comply with several recent housing related laws,
including but not limited to Senate Bill (SB) 9 related to urban lot splits and two unit
developments, Assembly Bill (AB) 2221 and SB 897 related to accessory dwelling units
and junior accessory dwelling units, SB 2, AB 2162, AB 139, and AB 2339 related to
emergency shelters, supportive housing, and transitional housing, AB 101 related to low
barrier navigation centers, AB 2011 and SB 6 related to multifamily housing development
in commercial zones, AB 2334, AB 1551 and AB 682 related to density bonus provisions;
and
WHEREAS, Development Code Amendment No. LR23-0012 includes
amendments to the following chapters and/or sections of the Development Code and
includes the addition of new chapters and/or sections:
•Section 9.30.090 Approving Authority Table
•Chapter 9.35 Accessory Dwelling Unit Permit
•Chapter 9.85 Reasonable Accommodation
•Chapter 9.125 Agricultural & Rural Residential Zones
•Chapter 9.130 Residential Zones
•Chapter 9.135 Commercial and Industrial Zones
•Chapter 9.140 Economic Development Corridor Zones
•Chapter 9.180 Density Bonus
•Chapter 9.215 Parking and Loading Standards
•Chapter 9.295 Special Housing Types:
•Section 9.295.020 Accessory Dwelling Units
•Section 9.295.025 Affordable Housing in Commercial Zones (new)
•Section 9.295.027 Emergency Shelter (new)
•Section 9.295.035 Low Barrier Navigation Center (new)
•Chapter 9.296 SB9 Urban Lot Split & 2-Unit Developments (new)
•Chapter 9.300 Universal Definitions
•Section 9.305.030 Density Bonus & Related Terms Defined; and
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November 8, 2023
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WHEREAS, the proposed amendments were presented to the City’s Developer
Stakeholder Group at their meeting September 28, 2023, where City staff received input
and answered questions from the group including questions related to the unit size
requirements of the SB 9, two-unit development standards and other provisions; and
WHEREAS, the Developer Stakeholder Group was generally supportive of the
proposed amendments and had no objections; and
WHEREAS, Development Code Amendment No. LR 23-0012 is consistent with
the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan and
the 2010/2011 Perris Valley Airport Land Use Compatibility Plan; and
WHEREAS, a duly noticed public hearing scheduled on October 25, 2023 for the
Planning Commission to consider proposed Development Code Amendment No. LR23-
0012, amending the Development Code (Title 9 of the MMC), was publicly noticed by a
publication in The Press Enterprise (a newspaper of general circulation), an agenda
posting, and to persons requesting public notice; and
WHEREAS, on October 25, 2023, the City of Menifee Planning Commission,
continued the proposed Development Code Amendment No. LR23-0012, to November
8, 2023 to allow staff to incorporate changes into the proposed Development Code
Amendment for compliance with newly adopted State legislation related to density bonus
requirements and ADUs; and
WHEREAS, on November 8, 2023, the City of Menifee Planning Commission,
held a duly noticed public hearing on the proposed Development Code Amendment No.
LR23-0012, amending the Development Code (Title 9 of the MMC), for which a hearing
was publicly noticed by a publication in The Press Enterprise (a newspaper of general
circulation), an agenda posting, and to persons requesting public notice; and
WHEREAS, on November 8, 2023, the City of Menifee Planning Commission
considered all public testimony, written and oral, presented at the public hearing, and
considered the written information and recommendation of the staff report for
Development Code Amendment No. LR 23-0012; and
WHEREAS, the Planning Commission considered the requirements of the
California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000
et. seq.) regarding the potential impacts that the proposed Development Code
Amendment No. LR 23-0012 may have upon the environment; and
WHEREAS, the Planning Commission considered the proposal’s consistency
with the Goals and Policies of the City’s adopted General Plan.
NOW, THEREFORE, the Planning Commission of the City of Menifee makes the
following findings:
Section 1:The proposed amendment to Title 9 of the MMC (Zoning and
Development Code) is consistent with the intent of the goals and policies
of the General Plan.
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The proposed amendment is consistent with the intent of the goals and
policies of the General Plan as the proposed amendment is necessary to
comply with State law and to implement the City’s 6th Cycle, 2021-2029
Housing Element policies and program actions. Specifically, the proposed
amendment is consistent the following housing related goals and policies
of the General Plan:
•Goal HE-1: A diverse housing stock that offers a full range of housing
opportunities for Menifee residents and supports the local economy.
o Policy HE 1.5: Entitlement Process. Provide flexible
entitlement processes that facilitate innovative housing
solutions yet balance the need for developer certainty in the
approval process.
o Policy HE 1.6: Permit Process. Permit higher density
housing in the 20.1-24 R General Plan designation per City
policy.
•Goal HE-4: Effective and responsive housing program and policies.
o Policy HE 4.2: Fair Housing Programs. Support and
implement housing programs that overcome patterns of
segregation and housing discrimination.
o Policy HE 4.3: Housing Opportunities. Encourage
development of opportunity sites and encourage affordable
housing through density bonuses and related incentives.
Section 2:The proposed amendments to Title 9 of the MMC (Zoning and
Development Code) prescribes reasonable controls and standards to
ensure compatibility with other established uses.
The proposed amendments to the Zoning and Development Code
prescribe reasonable controls and standards to ensure compatibility with
other established uses as the proposed amendment consists of
provisions to support greater housing opportunity to address the State
housing crisis, to implement the City’s adopted Housing Element policies
and program actions, and is limited to allowing housing uses, including
affordable housing, density bonus provisions, accessory dwelling units,
supportive housing, transitional housing, emergency shelters, low barrier
navigation centers, housing in commercial zones, and streamlining
approvals for such uses to the extent that State law requires, while
maintaining reasonable controls to the extent allowed by the law to ensure
compatibility with other established uses.
Section 3:The proposed zone or amendments to this Title provides reasonable
property development rights while protecting environmentally sensitive
land uses and species.
The proposed amendment to the Zoning and Development Code will
provide reasonable property development rights while protecting
environmentally sensitive land uses and species as the proposed
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amendment consists of provisions to support greater housing opportunity
to address the State housing crisis, to implement the City’s adopted
Housing Element policies and program actions, and is limited to allowing
housing uses, including affordable housing, density bonus provisions,
accessory dwelling units, supportive housing, transitional housing,
emergency shelters, low barrier navigation centers, housing in commercial
zones, and streamlining approvals for such uses to the extent that State
law requires, to provide reasonable property development rights while
protecting environmentally sensitive land uses and species.
Section 4:The proposed amendments to Title 9 of the MMC ensures protection of
the general health, safety, and welfare of the community.
The proposed amendment ensures protection of the general health,
safety, or general welfare of the community as the proposed amendment
consists of provisions to support greater housing opportunity to address
the State housing crisis, to implement the City’s adopted Housing
Element policies and program actions, and is limited to allowing housing
uses, including affordable housing, density bonus provisions, accessory
dwelling units, supportive housing, transitional housing, emergency
shelters, low barrier navigation centers, housing in commercial zones, and
streamlining approvals for such uses to the extent that State law requires.
Section 5: Compliance with CEQA. The proposed amendments to Title 9 of the
MMC (Zoning and Development Code) are in compliance with the
requirements of CEQA.
Staff has reviewed the proposed Development Code Amendment in
accordance with the CEQA Guidelines and has determined that the
Development Code Amendment is exempt pursuant to Statutory
Exemptions Section 15282.h as the proposed amendment involves
“adoption of an ordinance regarding second units in a single-family or
multifamily residential zone by a city or county to implement the
provisions of Sections 65851.1 and 65852.2 of the Government Code as
set forth in “Section 21080.17 of the Public Resources Code” and is
exempt per Section 15061 (b) (3) “Common Sense Exemption” of the
CEQA Guidelines, as the proposed Code Amendment is required to
comply with State law and to implement the City’s adopted 6th Cycle
2021-2029 Housing Element. Therefore, it can be seen with certainty that
there is no possibility that the proposed amendments will have a
significant impact on the environment.
Additionally, the proposed Development Code Amendment implements
Program Actions 6, 21, 22, 23, 24, 26, 34, and 36 of the City’s adopted 6th
Cycle, 2021-2029 Housing Element of the General Plan. On December
15, 2021, the City Council adopted Resolution No. 21-1110 adopting the
Final Programmatic Environmental Impact Report (“FPEIR”) for the
Housing Element Update Project (State Clearinghouse No. 2022010031)
(“Project”). Based on data and analysis and findings of the FPEIR, the
Project would not directly result in significant adverse environmental
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November 8, 2023
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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 FPEIR.
Additionally, no cumulative significant impacts were identified in the
FPEIR based on findings that the Project’s contributions to such impacts
are considered not to be cumulatively considerable.
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:
1. That the City Council determine that the “Findings” set out above are true
and correct.
2.That the City Council finds that the facts presented within the public
record and within the Planning Commission resolution (including Exhibit
“A” attached hereto and incorporated herein) provide a basis to approve
Development Code Amendment No. LR23-0012.
3. Resolution Regarding Custodian of Record: The documents and
materials that constitute the record of proceedings on which this
resolution has been based are located at the Community Development
Department – Planning Division, 29844 Haun Road, Menifee, CA 92586.
This information is provided in compliance with Public Resources Code
section 21081.6.
PASSED, APPROVED, AND ADOPTED this 8th day of November 2023.
_________________________
Jeff LaDue, Chairman
Attest:
___________________________
Stephanie Roseen, Assistant City Clerk
Approved as to form:
______________________________
Thai Phan, Assistant City Attorney