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Home My WebLink About1-14-14 Item #15CITY OF inn. LADE � LSMOKE � U DREAM EXTREMEW REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: VIRGINIA J. BLOOM, CITY CLERK DATE: JANUARY 14, 2014 SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO, 2013 -1320 Recommendation It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2013 -1320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2013 -04, KNOWN AS THE CONSISTENCY ZONING PROJECT — PHASE III, AMENDING THE OFFICIAL ZONING MAP, CHANGING THE ZONING OF VARIOUS PARCELS IN THE EAST LAKE, NORTH PEAK AND LAKE VIEW DISTRICTS OF THE CITY TO ZONES CONSISTENT WITH THE GENERAL PLAN DESIGNATIONS THEREIN, by roll -call vote. Discussion The above - referenced Ordinance was introduced at the regular Council meeting of December 10, 2013, relating to the Consistency Zone Amendments with the General Plan. It is now being presented for second reading and adoption by title only. Prepared by: Virginia J. Bloom, City Clerk "%A�' Approved by: Grant Yates, City Manager Attachment: Ordinance No. 2013 -1320 AGENDA ITEM NO. 15 Pagel of 8 Page 2 of 8 ORDINANCE NO. 2013 -1320 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2013 -04, KNOWN AS THE CONSISTENCY ZONING PROJECT — PHASE III, AMENDING THE OFFICIAL ZONING MAP, CHANGING THE ZONING OF VARIOUS PARCELS IN THE EAST LAKE, NORTH PEAK AND LAKE VIEW 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 East Lake, North Peak and Lake View Districts of the City, as presented on the General Plan 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 and December 3, 2013 at duly noticed public hearings, 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 -04 by adopting Planning Commission Resolution No. 2013 -74 recommending to the City Council approval of Zone Change No. 2013 -04; and WHEREAS, on December 10, 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. 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 Page 3 of 8 Ordinance No. 2013 -1320 Page 2 of 6 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 -04 implements the General Plan with the appropriate zoning districts for development within the East Lake, North Peak and Lake View Districts 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 -04: 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 residential, commercial, recreational, public /institutional and open space uses to be established in the East Lake, North Peak and Lake View Districts 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 utilizes high density residential projects as transitional areas between single family residential and commercial uses. b. 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 Page 4 of 8 Ordinance No. 2013 -1320 Page 3 of 6 constraints consistent with the adopted General Plan Update and subsequent text amendments to the zoning code. a. The proposed zone changes provide a distribution of active recreation, public /institutional, and open space uses throughout the affected Districts, and in close proximity to neighborhood residents. b. The proposed zone changes provide the City a variety of residential densities and housing types for its citizens. 4. The proposed zone changes implement the goals of the East Lake, North Peak and Lake View Districts to integrate land uses, to preserve the open space and recreational character of the City, to enhance pedestrian circulation, and to ensure that new growth respects the environmental sensitivity of the natural wetlands, floodway and floodplain. a. Floodways are appropriately zoned in these Districts in accordance with FEMA maps. b. Public uses are appropriately zoned and identified. C. Properties surrounding the amended North Peak Specific Plan are zoned to be harmonious and sensitive to the existing land forms, topography and vegetation. d. The proposed zoning allows for a revitalized and healthy mixed -use corridor along Riverside Drive in accordance with the primary goal of the Lake View District. 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 -04, making the following zone changes to the City of Lake Elsinore Official Zoning Map, as shown in Exhibits 'D', 'E', 'G.' and 'H' attached: Page 5 of 8 Ordinance No. 2013 -1320 Page 4 of 6 East Lake District — Assessor's Parcel No. 373 - 300 -027 from CP Commercial Park to PI Public /Institutional and Assessor's Parcel No. 373 - 300 -028 from CP Commercial Park to R Recreation; As shown on Exhibit'D.' North Peak District — Assessor's Parcel Nos. 347 - 020 -009; 347 - 270 -012; -013, -016, -025 thru -028, -033 and -034; and 347 - 280 -013, -014, and -031 thru -034 from SPA Specific Plan Area to RMR Rural Mountainous Residential; and Assessor's Parcel No. 347 - 020 -012 from SPA Specific Plan Area to OS Open Space; and Assessor's Parcel Nos. 347 - 110 -072 and -073 from SPA Specific Plan Area to C2 General Commercial; As shown on Exhibit'E.' Lake View District, Area 1 — Assessor's Parcel Nos. (Bayless) 391 - 790 -009 and 391 - 800 -002, -003 and -004 from RR Rural Residential to R1 Single Family Residential; and Assessor's Parcel Nos. 391 - 790 -006 (Riverside County Parks and Open Space District) from RMR Rural Mountainous Residential to OS Open Space; 391 - 790 -005, - 011 and -012 (Regional Conservation Authority) from RMR Rural Mountainous Residential to OS Open Space; and 391 - 260 -020, -033, -037, and -039 from R1 Single Family Residential to OS Open Space; and Assessor's Parcel No. 391 - 790 -014 from OS Open Space to R1 Single Family Residential; and Assessor's Parcel Nos. 389 - 290 -001, -002, 009, -010, -013, -014, -017, -0197 - 020, -022, -023, and -025 thru -029 from RR Rural Residential to R1 Single Family Residential; and Assessor's Parcel No. 389 - 495 -001 from R1 Single Family Residential to P/1 Public /Institutional; As shown on Exhibit 'G.' Lake View District, Area 2 — Assessor's Parcel Nos. (Lakeside High School) 379 - 030 -024 and -026; and 379 - 050 -017, -037 and -038 from R1 Single Family Residential and CP Commercial Park to PI Public /Institutional; and Assessor's Parcel No. (Elsinore Valley Municipal Water District) 379 - 110 -013 from R -3 High Density Residential to PI Public /Institutional; and Page 6 of 8 Ordinance No. 2013 -1320 Page 5 of 6 A portion of Assessor's Parcel No. 379 - 111 -011, -010, -016 from CP Commercial Park to R3 High Density Residential; and Assessor's Parcel Nos. 379 - 330 -001 thru -022; 379 - 331 -001 thru -022; and 379- 173 -001 thru -007 and -010 from R3 High Density Residential to R2 Medium Density Residential; and Assessor's Parcel Nos. (Quail Drive) 379 - 381 -023 thru -051; and 379 - 382 -004 thru -011; -014 thru -041 from R1 Single Family Residential to R2 Medium Density Residential; and Assessor's Parcel Nos. 379 - 132 -003, -009 and -034; 379 - 133 -006 and -015; from R3 High Density Residential to R2 Medium Density Residential; and Assessor's Parcel Nos. 379 - 131 -020 and -021; and 379 - 380 -019 from CP Commercial Park to C2 General Commercial; and 379 - 132 -013 from R1 Single Family Residential and CP Commercial Park to C2 General Commercial; and Assessor's Parcel No. 379 - 160 -002, -0147 -015, and a portion of -004 from R3 High Density Residential and CP Commercial Park to C2 General Commercial; and 379 - 161 -012, -013, and -037 from R3 High Density Residential to R2 Medium Density Residential; and Assessor's Parcel Nos. 379 - 222 -006, -007, -014, and -017; 379 - 224 -003, -005, - 006, -010, -011, -015 thru -018, and -020 from CP Commercial Park to C2 General Commercial; and Assessor's Parcel Nos.379- 201 -001 thru -009 and -012 thru -016; and 379 -211- 006 thru -009, -011. -0147 -015,-022 and -023 from CP Commercial Park to C2 General Commercial; and Assessor's Parcel No. 379 - 290 -026 from R3 High Density Residential to C1 Neighborhood Commercial; and Assessor's Parcel Nos. 378 - 281 -005 thru -008, -019 thru -022 from R2 Medium Density Residential to C1 Neighborhood Commercial; and 378 - 282 -004, -005, -006, -025 and -027; 378 - 283 -001 thru -005; -011, -012, -013; 378 - 284 -001 thru -011; and 378 - 285 -002 thru -007 from C1 Neighborhood Commercial to R2 Medium Density Residential; and Assessor's Parcel Nos. 379 - 150 -002, -041, -042, -043, and -048 thru -051 from R1 Single Family Residential to RE Estate Single Family Residential; 379 - 250 -013 and -025 from R2 Medium Density Residential to RE Estate Single Family Residential; and 379 -423 -001 thru -026 from RE Estate Single Family Residential to R1 Single Family Residential; and Page 7 of 8 Ordinance No. 2013 -1320 Page 6 of 6 Assessor's Parcel No. 387 - 461 -032 from R1 Single Family Residential to PI Public /Institutional; and 387 -461 -034 from R1 Single Family Residential to R Recreation; As shown on Exhibit'H.' 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. 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 10th day of December, 2013, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California on the 14 day of January, 2014. Natasha Johnson, Mayor ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Z. Leibold, City Attorney Page 8 of 8