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HomeMy WebLinkAbout12-03-13 PC Agenda Item No. 2CITY OF LAK-E COLSMOKE i DREAM E)(TREME CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE PLANNING MANAGER DATE: DECEMBER 3, 2013 SUBJECT: CONSISTENCY ZONING PROJECT — PHASE III, INCLUDING THE FOLLOWING ITEMS: GENERAL PLAN AMENDMENT NO. 2013 -04 (REVISED) — AMEND THE PLANNING COMMISSION RECOMMENDATION PREVIOUSLY APPROVED ON OCTOBER 1, 2013, BY ADDING THE EXISTING GRAND OAKS AND HARBOR GRAND APARTMENTS AS "HIGH DENSITY RESIDENTIAL "; AND BY SHOWING AN EXISTING WATER TANK OWNED BY THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT ( EVMWD) AS "PUBLIC /INSTITUTIONAL;" ON THE GENERAL PLAN LAND USE MAP, FIGURE 2.1A, IN THE LAKE VIEW DISTRICT, TO ACCURATELY REFLECT PROPERTY CURRENTLY ZONED "R -3 HIGH DENSITY RESIDENTIAL "; AND ZONE CHANGE NO. 2013 -04 (REVISED), AMEND THE PLANNING COMMISSION RECOMMENDATION PREVIOUSLY APPROVED ON OCTOBER 1, 2013, BY ADDING A CHANGE OF ZONE FOR THE PROPERTY CONTAINING THE EXISTING EVMWD WATER TANK TO "PUBLIC /INSTITUTIONAL" IN THE LAKE VIEW DISTRICT OF THE CITY CONSISTENT WITH ITS GENERAL PLAN DESIGNATION. Background On October 1, 2013, the Planning Commission unanimously approved Resolution No. 2013 -73, recommending approval of General Plan Amendment Nos. 2013 -03 and 2013- 04 (the GPA), cleanup amendments as part of the Consistency Zoning Project, Phase III. Furthermore, the Commission unanimously approved Resolution No. 2013 -74, recommending that the City Council adopt Zone Change No. 2013 -04 (the ZC) for the same project. PC December 3, 2013 Item No. 2 Page 1 of 14 PLANNING COMMISSION STAFF REPORT CONSISTENCY ZONING PHASE III: REVISION TO GPA 2013 -04, ZC 2013 -04 December 3, 2013 Page 2 of 3 Proiect Description Staff recommends that the GPA add two existing apartment complexes on Grand Avenue, north of Riverside Drive, in the effort to recognize and support existing viable multiple - family housing as the highest and best use of property in this area of the Lake View District. The Grand Oaks and Harbor Grand Apartments are recommended to be changed from the "MDR Medium Density Residential" to "HDR High Density Residential" designation, consistent with its existing zoning of "R -3 High Density Residential." Furthermore, Staff recommends that the GPA and ZC correct the General Plan designation and zoning on property owned by the Elsinore Valley Municipal Water District (EVMWD) on the north side of Riverside Drive between Lake Crest and Lincoln Streets, from "MDR Medium Density Residential" and "R -3 High Density Residential" respectively, to "Public /Institutional" designation and zoning. The property contains an active well site, and according to Paul Carver of EVMWD, they intend to use the well site "for many years to come" and there are "no plans to sell nor allow development near the well." Environmental Determination The City certified a Recirculated Program Environmental Impact Report (RP -EIR) for the update to its General Plan. As with the previously approved General Plan Amendment No. 2013 -04 and Zone Change No. 2013 -04, the proposed revisions to the GPA and ZC implement the General Plan update, applying appropriate zoning districts compatible with their land use designations. No additional environmental review is required. Recommendation Staff recommends that the Planning Commission take the following action: 1. Approve Resolution No. 2013- ; Resolution of the Planning Commission of the City of Lake Elsinore, California, Approving a Revision to Planning Commission Resolution No. 2013 -73 which Recommends that the City Council of the City of Lake Elsinore Approve General Plan Amendment Nos. 2013 -03 and 2013 -04, Clean -Up Amendments to the East Lake and Lake View Districts, as part of the Consistency Zoning Project, Phase III, Correcting the Boundaries of the East Lake Specific Plan as shown on the General Plan Land Use Map; and Correcting Various Land Use Designations to Accurately Reflect Existing Uses and Densities in the Lake View District. 2. Approve Resolution No. 2013-; Resolution of the Planning Commission of the City of Lake Elsinore, California, Approving a Revision to Planning Commission Resolution No. 2013 -74 which Recommends that the City Council of the City of Lake Elsinore Zone Change No. 2013 -04, Known as the Consistency Zoning PC December 3, 2013 Item No. 2 Page 2 of 14 PLANNING COMMISSION STAFF REPORT CONSISTENCY ZONING PHASE III: REVISION TO GPA 2013 -04, ZC 2013 -04 December 3, 2013 Page 3 of 3 Project — Phase III, Changing the Zoning of Various Parcels in the East Lake, Lake View and North Peak Districts of the City to Zones Consistent with the General Plan Designations Therein. Prepared by: Carole K. Donahoe, AICP Project Planner Approved by: Richard J. MacHott, LEED Green Associate Planning Manager Attachments: 1. Resolution No. 2013 - Approving a Revision Resolution No. 2013 -73 Recommending Approval of General Plan Amendment No. 2013 -04, changing designations in the Lake View District. a. Exhibit 'C' —Riverside Drive Portion of the Lake View District (Revised) 2. Resolution No. 2013 -_ Approving a Revision to Resolution No. 2013 -74 Recommending Approval of Zone Change No. 2013 -04, changing the zoning in the Lake View District. a. Exhibit 'F' — Lake View District (Revised) b. Exhibit'H' — Lake View District, Area 2 (Revised) Color 11 X 17 Exhibits (Separate Cover) a. Exhibit 'C' — Riverside Drive Portion of the Lake View District (Revised) b. Exhibit'F' — Lake View District (Revised) c. Exhibit'H' — Lake View District, Area 2 (Revised) PC December 3, 2013 Item No. 2 Page 3 of 14 RESOLUTION NO. 2013- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A REVISION TO PLANNING COMMISSION RESOLUTION NO. 2013 -73 WHICH RECOMMENDS THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVE GENERAL PLAN AMENDMENT NOS. 2013 -03 AND 2013 -04, CLEAN -UP AMENDMENTS TO THE EAST LAKE AND LAKE VIEW DISTRICTS, AS PART OF THE CONSISTENCY ZONING PROJECT, PHASE III, CORRECTING THE BOUNDARIES OF THE EAST LAKE SPECIFIC PLAN AS SHOWN ON THE GENERAL PLAN LAND USE MAP; AND CORRECTING VARIOUS LAND USE DESIGNATIONS TO ACCURATELY REFLECT EXISTING USES AND DENSITIES IN THE LAKE VIEW DISTRICT WHEREAS, the City of Lake Elsinore adopted its General Plan on December 13, 2011; and WHEREAS, Government Code Section 65358 empowers the legislative body to amend all or part of an adopted general plan if to do so would be in the public interest and so long as no mandatory element of the general plan is amended more frequently than four times during any calendar year; and WHEREAS, General Plan Amendment No. 2013 -04 (the "project ") is the part of the City's Third (3rd) cycle amendments to the Lake Elsinore General Plan for the 2013 calendar year which includes revisions to the Lake View District's General Plan Land Use Map (Figure 2.1A); and WHEREAS, on October 1, 2013 the Planning Commission held a duly noticed public hearing regarding General Plan Amendment Nos. 2013 -03 and 2013 -04 and adopted Resolution No. 2013 -73 recommending that the City Council of the City of Lake Elsinore approve General Plan Amendment Nos. 2013 -03 and 2013 -04, clean -up amendments to the East Lake and Lake View Districts, as part of the Consistency Zoning Project, Phase III, correcting the boundaries of the East Lake Specific Plan as shown on the General Plan Land Use Map; and correcting various land use designations to accurately reflect existing uses and densities in the Lake View District; and WHEREAS, the existing Grand Oaks and Harbor Grand Apartments are existing viable multiple - family housing which is the highest and best use of property in this area of the Lake View District; and WHEREAS, it is necessary to revise the proposed revisions to the land use designations shown on the General Plan Land Use Map, Figure 2.1A in the Lake View District, to change the land use designations on the parcels containing the existing Grand Oaks and Harbor Grand Apartments to "High Density Residential" in the Lake PC December 3, 2013 Item No. 2 Page 4 of 14 PLANNING COMMISSION RESOLUTION NO. 2013-. Page 2 of 4 View District to accurately reflect the properties' current "R -3 High Density Residential" zoning and on the parcel containing an existing EVMWD water tank to "Public /Institutional "; and WHEREAS, public notice of the General Plan Amendment and the revision thereto 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 December 3, 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 General Plan Amendment revision 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 General Plan Amendment and revision 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 Lake Elsinore Municipal Code. SECTION 2. That in accordance with the California Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission hereby makes the following findings for the approval of the revision to General Plan Amendment No. 2013 -04: 1. The proposed revision to the General Plan Amendment 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 amendment or revision, or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed revision to the General Plan Amendment has been analyzed relative to its potential to have detrimental effects to ensure that the health, safety and welfare of surrounding residents will be protected. b. The proposed revision to the General Plan Amendment recognize viable existing development within the Lake View District, and promotes their continued use. 2. The proposed revision to the General Plan Amendment will permit reasonable development of the area consistent with constraints and will make the areas affected more compatible with adjacent properties. PC December 3, 2013 Item No. 2 Page 5 of 14 PLANNING COMMISSION RESOLUTION NO. 2013-. Page 3 of 4 3. The proposed revision to the General Plan Amendment would establish land use densities, intensities and usage more in character with the subject properties' location, access, and constraints. a. The proposed revision to the General Plan Amendment recognizes residential land use densities that are compatible with surrounding development. 4. The proposed revision to the General Plan Amendment will not have a significant effect on the environment. a. The proposed revision to the General Plan Amendment identifies a public /institutional use and ownership, and supports such use in the General Plan. b. The proposed revision to the General Plan Amendment recognizes and supports existing viable multiple- family housing as the highest and best use of property in this area of the Lake View District. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the Planning Commission hereby revises its recommendation to the City Council as set forth in Resolution No. 2013 -73 recommending approval of General Plan Amendment Nos. 2013 -03 and 2013 -04; by adding the following amendments as shown on Exhibit `C' (Revised) attached herein to said General Plan Amendments. Lake View District — Change the Land Use Designation in the General Plan as follows: Assessor's Parcel Nos. 379 - 050 -035 and -036 (Harbor Grand Apartments); 379 -050- 039 (Grand Oaks Apartments); from MDR Medium Density Residential to HDR High Density Residential; and Assessor's Parcel No. 379 - 110 -013 from MDR Medium Density Residential to PI Public /Institutional; As shown on Exhibit 'C' (Revised). SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this third day of December 2013. David Blake, Chairman City of Lake Elsinore Planning Commission PC December 3, 2013 Item No. 2 Page 6 of 14 PLANNING COMMISSION RESOLUTION NO. 2013 - Page 4 of 4 ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, RICHARD J. MACHOTT, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the third day of December 2013, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Richard J. MacHott, LEED Associate Planning Manager PC December 3, 2013 Item No. 2 Page 7 of 14 is NO Af )ly A� /* AIL• i B i 0 0 C-I 0 C-1 z z z on 1 ® � -6 g �J-- u PC December 3, 2 I Z IM,] F- u ri F- W. 0 W-4 Z 0 > 6w z W.4 W-4 � Q W-4 ui 0 i IH-L8' nl 4o. 2 P g Df 14 RESOLUTION NO. 2013- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A REVISION TO PLANNING COMMISSION RESOLUTION NO. 2013 -74 WHICH RECOMMENDS THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVE ZONE CHANGE NO. 2013 -04, KNOWN AS THE CONSISTENCY ZONING PROJECT — PHASE III, CHANGING THE ZONING OF VARIOUS PARCELS IN THE EAST LAKE, LAKE VIEW AND NORTH PEAK DISTRICTS 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 Lake View District of the City, as presented on the General Plan's Land Use Plan; 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, on October 1, 2013 the Planning Commission held a duly noticed public hearing regarding Zone Change No. 2013 -04 and adopted Resolution No. 2013- 74 recommending that the City Council of the City of Lake Elsinore approve Zone Change No. 2013 -04, known as the Consistency Zoning Project — Phase III, changing the zoning of various parcels in the East Lake, Lake View and North Peak Districts of the City to zones consistent with the General Plan designations therein; and WHEREAS, it is necessary to change the zoning on the parcel containing an existing EVMWD water tank to "Public /Institutional" in the Lake View District of the City consistent with its General Plan designation; and WHEREAS, public notice of the revision to Zone Change No. 2013 -04 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 December 3, 2013, with respect to this item. PC December 3, 2013 Item No. 2 Page 9 of 14 PLANNING COMMISSION RESOLUTION NO. 2013 - PAG E 2 of 4 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 revision to the zone change 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 revision to the zone change 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 Lake Elsinore Municipal Code. 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 the Revision to Zone Change No. 2013- 04 implements the General Plan with the appropriate zoning districts for development within the Lake View 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 the revision to Zone Change No. 2013 -04: 1. The proposed revision to the zone change 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 revision to the zone change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed revision to the zone change implements the General Plan adopted December 13, 2011; which was analyzed relative to its potential to have detrimental effects. b. The proposed revision to the zone change will eliminate inconsistencies with the adopted General Plan Update. c_ The proposed revision to the 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 recognizing an existing public /institutional use in the Lake View District within the City. 2. The proposed revision to the zone change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed revision to the zone change recognizes property set aside for a public /institutional use and managed by the Elsinore Valley Municipal Water District. PC December 3, 2013 Item No. 2 Page 10 of 14 PLANNING COMMISSION RESOLUTION NO. 2013 - PAGE 3 of 4 3. The proposed revision to the zone change 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 and subsequent text amendments to the zoning code. a. The proposed revision to the zone change takes into consideration existing development as well as vacant properties. 4. The proposed revision to the zone change implements the goals of the Lake View District. a. Public uses are appropriately zoned and identified. 5. The proposed revision to the zone change will not have a significant effect on the environment. a. The potential impacts of the General Plan 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 revision to the zone change has 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 Planning Commission hereby revises its recommendation to the City Council as set forth in Resolution No. 2013 -74 recommending adoption of Zone Change No. 2013 -04; by adding the following zone change to the City of Lake Elsinore Official Zoning Map, and as shown in Exhibits 'F and `H' (Revised) attached: Lake View District, Area 2 Assessor's Parcel No. 379 - 110 -013 from R3 High Density Residential to PI Public /Institutional; As shown on Exhibit 'H.' PC December 3, 2013 Item No. 2 Page 11 of 14 PLANNING COMMISSION RESOLUTION NO. 2013 - PAGE 4 of 4 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 third day of December, 2013. David Blake, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, RICHARD MACHOTT, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013- was adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore on the third day of December, 2013, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Richard J. MacHott, LEED Green Associate Planning Manager PC December 3, 2013 Item No. 2 Page 12 of 14 r .. rM1 d 1 fI:IIN jl h � 4 �• rr7rrlr;r U ir'iIf OHAI 7,7 J =. r d. J 4 {r / F T � � ll.V• i IC Ol /�•' 1 rt � t l r g 8 •� JI L, o L rYi 700r) la 77 7 ne �J �cfl l >7'r..• irrY7r stf 1Li ,' i � �� rYa .r rrry 1. o 0.0 rrr,? 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