HomeMy WebLinkAboutCity Council Item No. 8CITY OF inn
LADE LSINOITE
DREAM EXTREME-
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: VIRGINIA J. BLOOM, CITY CLERK
DATE: MAY 14, 2013
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE
NO. 2012 -1313
Recommendation
Waive further reading and adopt by title only Ordinance No. 2012 -1313 by roll -call vote:
ORDINANCE NO. 2013 -1313
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO.
2013 -01, KNOWN AS THE CONSISTENCY ZONING PROJECT —
PHASE 11, AMENDING THE OFFICIAL ZONING MAP, CHANGING
THE ZONING OF VARIOUS PARCELS IN THE BUSINESS
DISTRICT OF THE CITY TO ZONES CONSISTENT WITH THE
GENERAL PLAN DESIGNATIONS THEREIN.
Discussion
The above - referenced Ordinance was introduced at the regular City Council meeting
held on April 23, 2013 and is now being presented for second reading and adoption.
Prepared by: Virginia J. Bloom, City Clerk��
Approved by: Grant Yates, City Manager
Attachment: Ordinance No. 2012 -1313
AGENDA ITEM NO. 8
Page I of 12
Page 2 of 12
ORDINANCE NO. 2013 -1313
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO.
2013 -01, KNOWN AS THE CONSISTENCY ZONING PROJECT —
PHASE 11, AMENDING THE OFFICIAL ZONING MAP, 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, Ordinance No. 2013 -1312 was introduced on April 23, 2013 and
adopted on May 14, 2013, which 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, after considering Zone Change No. 2013 -01 at their regular meeting
held on March 19, 2013, the Planning Commission of the City of Lake Elsinore
recommended that the City Council approve Zone Change No. 3013 -01; and
WHEREAS, on March 19, 2013 at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item and made its
recommendation in favor of Zone Change No. 2013 -01 by adopting Planning
Commission Resolution No. 2013 -47 recommending to the City Council approval of
Zone Change No. 2013 -01; and
WHEREAS, on April 23, 2013 at a duly noticed public hearing, the City Council
has considered the recommendation of the Planning Commission as well as evidence
presented by the Community Development Department and other interested parties with
respect to this item.
Page 3 of 12
ORDINANCE NO. 2013 -1313
PAGE 2 of 6
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council 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.
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
City Council hereby makes the following findings for the approval of Zone Change No.
2013 -01:
1. The proposed zone changes will not be 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 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.
Page 4 of 12
ORDINANCE NO. 2013 -1313
PAGE 3 of 6
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),
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
Page 5 of 12
ORDINANCE NO. 2013 -1313
PAGE 4 of 6
to the City of Lake Elsinore Official Zoning Map, 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;
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, -
Page 6 of 12
ORDINANCE NO. 2013 -1313
PAGE 5 of 6
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;
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. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are thereby declared
to be severable.
Page 7 of 12
ORDINANCE NO. 2013 -1313
PAGE 6 of 6
SECTION 6. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on the 23rd day of April, 2013 and
adopted at a regular meeting of the City Council of the City of Lake Elsinore, California,
on the 14th day of May, 2013.
Robert Magee, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
Page 8 of 12
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