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Home My WebLink AboutPC Reso No 2013-47RESOLUTION NO. 2013-47 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVE ZONE CHANGE NO. 2013 -01, KNOWN AS THE CONSISTENCY ZONING PROJECT — PHASE II, CHANGING THE ZONING OF VARIOUS PARCELS IN THE BUSINESS DISTRICT OF THE CITY TO ZONES CONSISTENT WITH THE GENERAL PLAN DESIGNATIONS THEREIN. WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on December 13, 2011, which established designations on various properties throughout the Business District of the City, as presented on the General Plan Land Use Plan; and WHEREAS, the Planning Commission recommended approval of Ordinance No. 2013 -1312 for adoption by the City Council, which will put in place the Public /Institutional Zoning District in the Lake Elsinore Municipal Code (LEMC) that provides development standards for the Public /Institutional designation; and WHEREAS, Government Code Section 65103 empowers the legislative body to implement the General Plan through actions including, but not limited to, the administration of zoning ordinances; and WHEREAS, Government Code Section 65860 requires that a city's zoning ordinances be consistent with its general plan; and WHEREAS, Resolution No. 2004 -11 of the City of Lake Elsinore, which establishes procedures and requirements for implementation of the Western Riverside County Multiple Species Habitat Conservation Plan, specifically exempts the adoption or amendment of any land use or zoning ordinance in Section IV — Exemptions; and WHEREAS, public notice of Zone Change No. 2013 -01 has been given and the Planning Commission of the City of Lake Elsinore has considered the evidence presented by the Community Development Department and other interested parties at a public hearing held on March 19, 2013, with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has reviewed and analyzed the proposed zone changes pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed zone changes are consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the LEMC. PLANNING COMMISSION RESOLUTION NO. 2013-47 PAGE 2 of 6 SECTION 2. Pursuant to Section 21080 (c) (2) of the California Environmental Quality Act (CEQA), the City Council determines that the Recirculated Program Environmental Impact Report certified for the update to the General Plan is adequate and prepared in accordance with the requirements of CEQA which analyzes environmental effects of the Project. Because Zone Change No. 2013 -01 implements the General Plan with the appropriate zoning districts for development within the Business District of the City, no additional environmental review is required. SECTION 3. That in accordance with the State Planning and Zoning Law, the Planning Commission hereby makes the following findings for the approval of Zone Change No. 2013 -01: 1. The proposed zone changes will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed zone changes or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed zone change implements the adopted General Plan Update of December 13, 2011, which was analyzed relative to its potential to have detrimental effects. b. The proposed zone change will eliminate inconsistencies with the adopted General Plan Update. C. The proposed zone change will be beneficial to the public health, safety, comfort and welfare and will improve the property in the neighborhood and the City by allowing a variety of commercial and industrial uses to be established in the Business District within the City. 2. The proposed zone changes will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed zone change places the heaviest industrial zones in areas adjacent to floodways, thereby buffering heavy industrial uses from commercial and residential uses. b. The proposed zone change utilizes light industrial, commercial - manufacturing and commercial - office zoning as transitional areas. C. The proposed zone change takes into consideration existing, active development as well as vacant properties. 3. The proposed zone changes would implement a land use density, intensity and usage more in character with the subject property's location, access, and constraints consistent with the adopted General Plan Update and subsequent text amendments to the zoning code. a. The proposed zone change places industrial uses in close proximity to the Inland Empire Brine Line (Santa Ana Regional Interceptor, SARI), PLANNING COMMISSION RESOLUTION NO. 2013 -47 PAGE 3 of 6 a 93 mile long gravity pipeline that returns brackish water from industrial uses to the Pacific Ocean. b. The proposed zone change provides access to Interstate 15 and State Highway 74, for truck traffic from industrial uses. C. The proposed zone change offers development of commercial office and commercial manufacturing as well as general commercial uses at the hub created by the intersection of Interstate 15 and State Highway 74. 4. The proposed zone changes implement the goal of the Business District to encourage its position as the industrial and commercial hub of the City, and to ensure that new growth respects the environmental sensitivity of the natural wetlands, floodway and floodplain. a. Floodways are appropriately zoned in the Business District in accordance with FEMA maps. b. Public uses are appropriately zoned and identified. 5. The proposed zone changes will not have a significant effect on the environment. a. The potential impacts of the General Plan update have been analyzed in the Recirculated Environmental Impact Report (SCH #2005121019) prepared for the City of Lake Elsinore General Plan ( "General Plan EIR') and its related cases which was certified on December 13, 2011, and adequate mitigation measures have been prepared where necessary. Accordingly, the impacts of the proposed zone change have been disclosed, analyzed and mitigated to the extent feasible in the General Plan EIR. A copy of the General Plan EIR is available for inspection in the City of Lake Elsinore Community Development Department, 130 S. Main Street, Lake Elsinore, CA. SECTION 4. Based upon the evidence presented, both written and testimonial and such other matters as reflected in the record, and the above findings, the City Council hereby adopts Zone Change No. 2013 -01, making the following zone changes to the City of Lake Elsinore Official Zoning Map, and as shown in Exhibits 'A', 'B', and 'C' attached: Area 1 - Assessor's Parcel Nos. 378 - 114 -001, -003, -004, -006, -008 thru -011, - 013, -016, -017, -019 thru -023, -025 thru -030, -033 thru -036, -040 thru -043, -045 thru -047, -052, -053, -055, -058, -059, -062 thru -065, -069 thru -084; 378 - 020 -004, -010, - 012, -023, -024, -028 thru -034, -036 thru -045, -047, -049, -054, -055, -057, -059 thru 062; 378 - 030 -007, -009, -011, 016, -018, 020, -021, -023, -024, -026, -027, -029, -031; 378 - 031 -001 thru -010; from R1 Single Family Residential, C1 Neighborhood Commercial, CM Commercial Manufacturing and M1 Limited Manufacturing to C2 General Commercial, Floodway, PI Public Institutional, M1 Limited Manufacturing and M2 General Manufacturing; PLANNING COMMISSION RESOLUTION NO. 2013 -47 PAGE 4 of 6 Assessor's Parcel Nos. 389 - 200 -030, -031, and -032; 389 - 210 -052, -062 and - 063 from C1 Neighborhood Commercial to SP Specific Plan; As shown on Exhibit'A;' and Area 2 - Assessor's Parcel Nos. 375 -151 -001 through -011; 375 - 326 -002 through -009, -012 through -015, and -018 through -020 from R1 Single Family Residential to CO Commercial Office; Assessor's Parcel Nos. 375 - 291 -001 through -036; 375 - 301 -001 through -016; 375 - 302 -001 through -021, -024 through -034, -037 through -047; 375 - 303 -001, -003 through -033; and 375 - 325 -001 through -023 from R2 Medium Density Residential to CO Commercial Office; Assessor's Parcel Nos. 377 - 050 -033, -044, -053, -056, -062, -063, -070, -076, - 077, -079, and -080 from OS Open Space to PI Public Institutional; Assessor's Parcel Nos. 377 - 120 -010, -026, -031, -039, and -060 from M1 Limited Manufacturing to CM Commercial Manufacturing; Assessor's Parcel Nos. 377 - 120 -052, -053, -056, -057, and -058 from M1 Limited Manufacturing to C2 General Commercial; Assessor Parcel Nos. 377 - 130 -008, -014 through -016, -020, -021, -023, -032, - 034; 377 - 140 -009, -012, and -015 from R1 Single Family Residential and M1 Limited Manufacturing to PI Public Institutional; Assessor's Parcel Nos. 377 - 130 -040 through -054; 377 - 140 -027; 377 -420 -001 through -012 and a portion of 377 - 130 -037 from M1 Limited Manufacturing to M2 General Manufacturing; Assessor's Parcel Nos. 377 - 130 -009, -010, -011, -013, -017, -018, -019, and portions of 377 - 130 -008, -014 through -016, -023, -020, -021, -032, -034; and 377 -140- 025 from M1 Limited Manufacturing and R1 Single Family Residential to Floodway; Assessor's Parcel Nos. 377 -360 -003, -014, and -017 through - 023 from C1 Neighborhood Commercial to PI Public Institutional and Floodway; As shown on Exhibit'B;' and Area 3 -Assessor's Parcel Nos. 374 - 023 -005, -008, -012 and -013 from R3 High Density Residential to M1 Limited Industrial; Assessor Parcel Nos. 377 - 080 -020 through -026, -028, -074, -075; 377 -110 -003, -032, -042; 377 -110 -037 through -040, -050, -052, -053, -055; and 377 - 190 -002 through -004 from M1 Limited Industrial and M2 General Manufacturing to C2 General Commercial; PLANNING COMMISSION RESOLUTION NO. 2013 -47 PAGE 5 of 6 Assessor's Parcel Nos. 377 - 160 -010, -029, -031, -033; 377 - 170 -009, -015; and 377 -180 -035 and -037 from M1 Limited Industrial to PI Public Institutional; Assessor's Parcel Nos. 377 - 200 -011, -017, -026 and -027 from M1 Limited Industrial to CO Commercial Office; and Assessor's Parcel Nos. 377 - 350 -015 and -016 from C2 General Commercial to SP Specific Plan, As shown on Exhibit 'C.' SECTION 5. This Resolution shall take from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, on the nineteenth day of March, 2013. Rick Morsch, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. rJacHott, LEED Green Associate Acting Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013 -47 PAGE 6 of 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE I, RICHARD MACHOTT, Acting Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC- 2013 -47 was adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore on the nineteenth day of March, 2013, by the following roll call vote: AYES: CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY, COMMISSION JORDAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Richard J. NlacHott, LEED Green Associate Acting Planning Manager