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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 Development Code Update November 8, 2023 Page 2 of 5 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. Development Code Update November 8, 2023 Page 3 of 5 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 Development Code Update November 8, 2023 Page 4 of 5 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 Development Code Update November 8, 2023 Page 5 of 5 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